SB2392 99TH GENERAL ASSEMBLY

LRB099 16988 SLF 41337 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2392

Introduced 2/3/2016, by Sen. Mattie Hunter

SYNOPSIS AS INTRODUCED:

New Act
20 ILCS 2605/2605-98 new
20 ILCS 2610/40 new
30 ILCS 105/5.875 new
50 ILCS 705/7	from Ch. 85, par. 507
50 ILCS 705/10.17

Creates the Control Device Use by Law Enforcement Act. Provides that law enforcement agencies must equip each of its patrol vehicles with an electronic control device (such as a stun gun or taser), or non-lethal control device, to assist with the apprehension of suspects that are less likely to cause great bodily harm to the suspect, officer, or general public, on or before July 1, 2017. Provides that Crisis Intervention Training shall be mandated for all law enforcement officers by January 1, 2018. Provides that the Illinois Law Enforcement Training Standards Board shall include Crisis Intervention Training and training on the proper use of electronic control devices for initial minimum training requirements for law enforcement officers by January 1, 2017. Amends the State Finance Act to create the Law Enforcement Control Device Fund for grants to law enforcement for purchasing control devices. Makes other conforming changes. Effective September 1, 2016.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning law enforcement.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Control Device Use by Law Enforcement Act.

Section 5. Definitions. In this Act:

"Board" means the Illinois Law Enforcement Training Standards Board created by the Illinois Police Training Act.

"Electronic control device" means: (i) any device which is powered by electrical charging units, such as, batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out a current capable of disrupting the person's nervous system in such a manner as to render the person incapable of normal functioning; or (ii) any device which is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send out current capable of disrupting the person's nervous system in such a manner as to render the person incapable of normal functioning.

"Law enforcement officer" or "officer" means any person, agent, or employee of this State, a unit of local government, or college or university, authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law.

"Law enforcement agency" means all State agencies with law enforcement officers, county sheriff's offices, municipal, special district, college, university, or unit of local government police departments.

"Non-lethal control device" means any device for use in crowd control or self-defense capable of using chemical agent sprays, lights, rubber projectiles, or similar mechanisms, which reduces or minimizes the risk of serious injury to a person against whom it is used.

Section 10. Control device requirements. On or before July 1, 2017, each law enforcement agency must equip each of its patrol vehicles with at least one electronic control device or other non-lethal control device capable of assisting law enforcement officers with apprehension of a suspect or protecting the officer from harm, without causing great bodily harm to the officer, suspect, or members of the public.

Section 15. Rules. On or before January 1, 2017, the Board shall develop model rules for the use of electronic control devices and non-lethal control devices by law enforcement officers to be adopted by law enforcement agencies.

Section 20. Fund. The Law Enforcement Control Device Fund is created as a special fund in the State treasury. From appropriations to the Board from the Fund, the Board shall adopt requirements for the distribution of grant moneys and must make grants to units of State and local government in this State for the purpose of purchasing electronic control devices or other non-lethal control devices. Money received for the purposes of this Section, including, without limitation, fee receipts and gifts, grants and awards from any public or private entity, must be deposited into the Fund. Any interest earned on moneys in the Fund must be deposited into the Fund.

Section 105. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by adding Section 2605-98 as follows:

(20 ILCS 2605/2605-98 new)

Sec. 2605-98. Crisis intervention training.

(a) For purposes of this Section, "mental illness" means a mental, or emotional disorder that substantially impairs a person's thought, perception of reality, emotional process, judgment, behavior, or ability to cope with the ordinary demands of life. For purposes of this Section, "mental illness" also includes a developmental disability, dementia, Alzheimer's disease, or a substance abuse disorder.

(b) The Department shall conduct or approve a standard curriculum for a certified training program in crisis intervention addressing specialized policing responses to persons with mental illnesses and situations involving domestic violence. The Department shall conduct Crisis Intervention Team (CIT) training programs to train officers to identify signs and symptoms of mental illness, identify signs and behaviors of domestic violence victims and perpetrators, to de-escalate situations involving persons who appear to have a mental illness and situations involving domestic violence, and connect persons in crisis to treatment, emergency assistance, or other necessary services. The Department may partner with local mental health organizations and providers in developing and assisting with crisis intervention programming. Officers who have successfully completed this program shall be issued a certificate attesting to their attendance of a Crisis Intervention Team (CIT) training program. All State Police officers must complete at least one Crisis Intervention Team (CIT) training program prior to January 1, 2018.

Section 110. The State Police Act is amended by adding Section 40 as follows:

(20 ILCS 2610/40 new)

Sec. 40. Electronic control devices. The Department must comply with the Control Device Use by Law Enforcement Act and shall adhere to the minimum in-service training requirements for annual training in the use of electronic control devices under that Act.

Section 115. The State Finance Act is amended by adding Section 5.875 as follows:

(30 ILCS 105/5.875 new)

Sec. 5.875. The Law Enforcement Control Device Fund.

Section 120. The Illinois Police Training Act is amended by changing Section 7 and by changing Section 10.17 as added by Public Act 92-261 as follows:

(50 ILCS 705/7) (from Ch. 85, par. 507)

Sec. 7. Rules and standards for schools. The Board shall adopt rules and minimum standards for such schools which shall include but not be limited to the following:

a. The curriculum for probationary police officers which shall be offered by all certified schools shall include but not be limited to courses of procedural justice, arrest and use and control tactics, search and seizure, including temporary questioning, civil rights, human rights, human relations, cultural competency, including implicit bias and racial and ethnic sensitivity, criminal law, law of criminal procedure, constitutional and proper use of law enforcement authority, vehicle and traffic law including uniform and non-discriminatory enforcement of the Illinois Vehicle Code, traffic control and accident investigation, techniques of obtaining physical evidence, court testimonies, statements, reports, firearms training, training in the use of electronic control devices, including the psychological and physiological effects of the use of those devices on humans, first-aid (including cardiopulmonary resuscitation), training in the administration of opioid antagonists as defined in paragraph (1) of subsection (e) of Section 5-23 of the Alcoholism and Other Drug Abuse and Dependency Act, handling of juvenile offenders, recognition of mental conditions, including, but not limited to, the disease of addiction, which require immediate assistance and methods to safeguard and provide assistance to a person in need of mental treatment, recognition of abuse, neglect, financial exploitation, and self-neglect of adults with disabilities and older adults, as defined in Section 2 of the Adult Protective Services Act, crimes against the elderly, law of evidence, the hazards of high-speed police vehicle chases with an emphasis on alternatives to the high-speed chase, and physical training. The curriculum shall include specific training in techniques for immediate response to and investigation of cases of domestic violence and of sexual assault of adults and children, including cultural perceptions and common myths of rape as well as interview techniques that are trauma informed, victim centered, and victim sensitive. The curriculum shall include training in techniques designed to promote effective communication at the initial contact with crime victims and ways to comprehensively explain to victims and witnesses their rights under the Rights of Crime Victims and Witnesses Act and the Crime Victims Compensation Act. The curriculum shall also include a block of instruction aimed at identifying and interacting with persons with autism and other developmental or physical disabilities, reducing barriers to reporting crimes against persons with autism, and addressing the unique challenges presented by cases involving victims or witnesses with autism and other developmental disabilities. The curriculum for permanent police officers shall include but not be limited to (1) refresher and in-service training in any of the courses listed above in this subparagraph, (2) advanced courses in any of the subjects listed above in this subparagraph, (3) training for supervisory personnel, and (4) specialized training in subjects and fields to be selected by the board. The training in the use of electronic control devices shall be conducted for probationary police officers, including University police officers.

b. Minimum courses of study, attendance requirements and equipment requirements.

c. Minimum requirements for instructors.

d. Minimum basic training requirements, which a probationary police officer must satisfactorily complete before being eligible for permanent employment as a local law enforcement officer for a participating local governmental agency. Those requirements shall include training in first aid (including cardiopulmonary resuscitation).

e. Minimum basic training requirements, which a probationary county corrections officer must satisfactorily complete before being eligible for permanent employment as a county corrections officer for a participating local governmental agency.

f. Minimum basic training requirements which a probationary court security officer must satisfactorily complete before being eligible for permanent employment as a court security officer for a participating local governmental agency. The Board shall establish those training requirements which it considers appropriate for court security officers and shall certify schools to conduct that training.

A person hired to serve as a court security officer must obtain from the Board a certificate (i) attesting to his or her successful completion of the training course; (ii) attesting to his or her satisfactory completion of a training program of similar content and number of hours that has been found acceptable by the Board under the provisions of this Act; or (iii) attesting to the Board's determination that the training course is unnecessary because of the person's extensive prior law enforcement experience.

Individuals who currently serve as court security officers shall be deemed qualified to continue to serve in that capacity so long as they are certified as provided by this Act within 24 months of June 1, 1997 (the effective date of Public Act 89-685) this amendatory Act of 1996. Failure to be so certified, absent a waiver from the Board, shall cause the officer to forfeit his or her position.

All individuals hired as court security officers on or after the effective date of this amendatory Act of 1996 shall be certified within 12 months of the date of their hire, unless a waiver has been obtained by the Board, or they shall forfeit their positions.

The Sheriff's Merit Commission, if one exists, or the Sheriff's Office if there is no Sheriff's Merit Commission, shall maintain a list of all individuals who have filed applications to become court security officers and who meet the eligibility requirements established under this Act. Either the Sheriff's Merit Commission, or the Sheriff's Office if no Sheriff's Merit Commission exists, shall establish a schedule of reasonable intervals for verification of the applicants' qualifications under this Act and as established by the Board.

g. Minimum in-service training requirements, which a police officer must satisfactorily complete every 3 years. Those requirements shall include constitutional and proper use of law enforcement authority, procedural justice, civil rights, human rights, and cultural competency, and crisis intervention team training under Section 10.17 of this Act.

h. Minimum in-service training requirements, which a police officer must satisfactorily complete at least annually. Those requirements shall include law updates and use of force training which shall include training in the use of an electronic control device and scenario based training, or similar training approved by the Board.

(Source: P.A. 98-49, eff. 7-1-13; 98-358, eff. 1-1-14; 98-463, eff. 8-16-13; 98-756, eff. 7-16-14; 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; revised 10-20-15.)

(50 ILCS 705/10.17)

Sec. 10.17. Crisis intervention team training.

(a) For purposes of this Section, "mental illness" means a mental, or emotional disorder that substantially impairs a person's thought, perception of reality, emotional process, judgment, behavior, or ability to cope with the ordinary demands of life. For purposes of this Section, "mental illness" also includes a developmental disability, dementia, Alzheimer's disease, or a substance abuse disorder.

(b) The Illinois Law Enforcement Training and Standards Board shall develop and approve a standard curriculum for a certified training program in crisis intervention addressing specialized policing responses to people with mental illnesses and situations involving domestic violence. The Board shall conduct Crisis Intervention Team (CIT) training programs that train officers to identify signs and symptoms of mental illness, identify signs and behaviors of domestic violence victims and perpetrators, to de-escalate situations involving individuals who appear to have a mental illness and situations involving domestic violence, and connect persons that person in crisis to treatment, emergency assistance, or other necessary services. The Board may partner with local mental health organizations and providers in developing and assisting with crisis intervention programming. Officers who have successfully completed this program shall be issued a certificate attesting to their attendance of a Crisis Intervention Team (CIT) training program. Beginning January 1, 2017, all probationary officers, including probationary part-time officers and university police officers, shall be required to complete Crisis Intervention Team (CIT) training as part of initial minimum basic training requirements. All permanent police officers, part-time officers, and university officers must complete at least one Crisis Intervention Team (CIT) training program prior to January 1, 2018.

(Source: P.A. 99-261, eff. 1-1-16.)

Section 999. Effective date. This Act takes effect September 1, 2016.