93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6748

 

Introduced 02/09/04, by Jim Sacia

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2610/9   from Ch. 121, par. 307.9
50 ILCS 705/7   from Ch. 85, par. 507

    Amends the State Police Act. Provides that each person certified by the Department for appointment as a Department of State Police officer and each person serving as a Department of State Police officer must receive training designed to educate the officer in how to immediately respond to and investigate cases of domestic violence and of sexual assault of adults and children, how to recognize the victims of sexual assault and domestic violence, and how to approach and assist persons experiencing domestic violence or sexual assault, including both victims and batterers. Provides that the Department of State Police, in consultation with the Illinois Law Enforcement Training Standards Board, shall develop this training program. Amends the Illinois Police Training Act. Provides that the training of police officers shall include how to recognize the victims of sexual assault and domestic violence and how to approach and assist persons experiencing domestic violence or sexual assault, including both victims and batterers.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT in relation to police training.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The State Police Act is amended by changing
5 Section 9 as follows:
 
6     (20 ILCS 2610/9)  (from Ch. 121, par. 307.9)
7     Sec. 9. Appointment; qualifications.
8     (a)  Except as otherwise provided in this Section, the
9 appointment of Department of State Police officers shall be
10 made from those applicants who have been certified by the Board
11 as being qualified for appointment. All persons so appointed
12 shall, at the time of their appointment, be not less than 21
13 years of age, or 20 years of age and have successfully
14 completed 2 years of law enforcement studies at an accredited
15 college or university. Any person appointed subsequent to
16 successful completion of 2 years of such law enforcement
17 studies shall not have power of arrest, nor shall he be
18 permitted to carry firearms, until he reaches 21 years of age.
19 In addition, all persons so certified for appointment shall be
20 of sound mind and body, be of good moral character, be citizens
21 of the United States, have no criminal records, possess such
22 prerequisites of training, education and experience as the
23 Board may from time to time prescribe, and shall be required to
24 pass successfully such mental and physical tests and
25 examinations as may be prescribed by the Board. Preference
26 shall be given in such appointments to persons who have
27 honorably served in the military or naval services of the
28 United States. All appointees shall serve a probationary period
29 of 12 months from the date of appointment and during that
30 period may be discharged at the will of the Director. However,
31 the Director may in his or her sole discretion extend the
32 probationary period of an officer up to an additional 6 months

 

 

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1 when to do so is deemed in the best interest of the Department.
2     (a-5)  Each person certified by the Department for
3 appointment as a Department of State Police officer and each
4 person serving as a Department of State Police officer must
5 receive training designed to educate the officer in how to
6 immediately respond to and investigate cases of domestic
7 violence and of sexual assault of adults and children and how
8 to recognize the victims of sexual assault and domestic
9 violence and how to approach and assist persons experiencing
10 domestic violence or sexual assault, including both victims and
11 batterers. The Department of State Police, in consultation with
12 the Illinois Law Enforcement Training Standards Board, shall
13 develop the training program described in this subsection
14 (a-5).
15     (b)  Notwithstanding the other provisions of this Act,
16 after July 1, 1977 and before July 1, 1980, the Director of
17 State Police may appoint and promote not more than 20 persons
18 having special qualifications as special agents as he deems
19 necessary to carry out the Department's objectives. Any such
20 appointment or promotion shall be ratified by the Board.
21     (c)  During the 90 days following the effective date of
22 this amendatory Act of 1995, the Director of State Police may
23 appoint up to 25 persons as State Police officers. These
24 appointments shall be made in accordance with the requirements
25 of this subsection (c) and any additional criteria that may be
26 established by the Director, but are not subject to any other
27 requirements of this Act. The Director may specify the initial
28 rank for each person appointed under this subsection.
29     All appointments under this subsection (c) shall be made
30 from personnel certified by the Board. A person certified by
31 the Board and appointed by the Director under this subsection
32 must have been employed by the Illinois Commerce Commission on
33 November 30, 1994 in a job title subject to the Personnel Code
34 and in a position for which the person was eligible to earn
35 "eligible creditable service" as a "noncovered employee", as
36 those terms are defined in Article 14 of the Illinois Pension

 

 

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1 Code.
2     Persons appointed under this subsection (c) shall
3 thereafter be subject to the same requirements and procedures
4 as other State police officers. A person appointed under this
5 subsection must serve a probationary period of 12 months from
6 the date of appointment, during which he or she may be
7 discharged at the will of the Director.
8     This subsection (c) does not affect or limit the Director's
9 authority to appoint other State Police officers under
10 subsection (a) of this Section.
11 (Source: P.A. 92-313, eff. 1-1-02.)
 
12     Section 10. The Illinois Police Training Act is amended by
13 changing Section 7 as follows:
 
14     (50 ILCS 705/7)  (from Ch. 85, par. 507)
15     Sec. 7. Rules and standards for schools. The Board shall
16 adopt rules and minimum standards for such schools which shall
17 include but not be limited to the following:
18     a. The curriculum for probationary police officers which
19 shall be offered by all certified schools shall include but not
20 be limited to courses of arrest, search and seizure, civil
21 rights, human relations, cultural diversity, including racial
22 and ethnic sensitivity, criminal law, law of criminal
23 procedure, vehicle and traffic law including uniform and
24 non-discriminatory enforcement of the Illinois Vehicle Code,
25 traffic control and accident investigation, techniques of
26 obtaining physical evidence, court testimonies, statements,
27 reports, firearms training, first-aid (including
28 cardiopulmonary resuscitation), handling of juvenile
29 offenders, recognition of mental conditions which require
30 immediate assistance and methods to safeguard and provide
31 assistance to a person in need of mental treatment, law of
32 evidence, the hazards of high-speed police vehicle chases with
33 an emphasis on alternatives to the high-speed chase, and
34 physical training. The curriculum shall include specific

 

 

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1 training in techniques for immediate response to and
2 investigation of cases of domestic violence and of sexual
3 assault of adults and children and how to recognize the victims
4 of sexual assault and domestic violence and how to approach and
5 assist persons experiencing domestic violence or sexual
6 assault, including both victims and batterers. The curriculum
7 for permanent police officers shall include but not be limited
8 to (1) refresher and in-service training in any of the courses
9 listed above in this subparagraph, (2) advanced courses in any
10 of the subjects listed above in this subparagraph, (3) training
11 for supervisory personnel, and (4) specialized training in
12 subjects and fields to be selected by the board.
13     b. Minimum courses of study, attendance requirements and
14 equipment requirements.
15     c. Minimum requirements for instructors.
16     d. Minimum basic training requirements, which a
17 probationary police officer must satisfactorily complete
18 before being eligible for permanent employment as a local law
19 enforcement officer for a participating local governmental
20 agency. Those requirements shall include training in first aid
21 (including cardiopulmonary resuscitation).
22     e. Minimum basic training requirements, which a
23 probationary county corrections officer must satisfactorily
24 complete before being eligible for permanent employment as a
25 county corrections officer for a participating local
26 governmental agency.
27     f. Minimum basic training requirements which a
28 probationary court security officer must satisfactorily
29 complete before being eligible for permanent employment as a
30 court security officer for a participating local governmental
31 agency. The Board shall establish those training requirements
32 which it considers appropriate for court security officers and
33 shall certify schools to conduct that training.
34     A person hired to serve as a court security officer must
35 obtain from the Board a certificate (i) attesting to his or her
36 successful completion of the training course; (ii) attesting to

 

 

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1 his or her satisfactory completion of a training program of
2 similar content and number of hours that has been found
3 acceptable by the Board under the provisions of this Act; or
4 (iii) attesting to the Board's determination that the training
5 course is unnecessary because of the person's extensive prior
6 law enforcement experience.
7     Individuals who currently serve as court security officers
8 shall be deemed qualified to continue to serve in that capacity
9 so long as they are certified as provided by this Act within 24
10 months of the effective date of this amendatory Act of 1996.
11 Failure to be so certified, absent a waiver from the Board,
12 shall cause the officer to forfeit his or her position.
13     All individuals hired as court security officers on or
14 after the effective date of this amendatory Act of 1996 shall
15 be certified within 12 months of the date of their hire, unless
16 a waiver has been obtained by the Board, or they shall forfeit
17 their positions.
18     The Sheriff's Merit Commission, if one exists, or the
19 Sheriff's Office if there is no Sheriff's Merit Commission,
20 shall maintain a list of all individuals who have filed
21 applications to become court security officers and who meet the
22 eligibility requirements established under this Act. Either
23 the Sheriff's Merit Commission, or the Sheriff's Office if no
24 Sheriff's Merit Commission exists, shall establish a schedule
25 of reasonable intervals for verification of the applicants'
26 qualifications under this Act and as established by the Board.
27 (Source: P.A. 93-209, eff. 7-18-03.)