Full Text of HB2766 101st General Assembly
HB2766ham002 101ST GENERAL ASSEMBLY | Rep. Frances Ann Hurley Filed: 3/27/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2766
| 2 | | AMENDMENT NO. ______. Amend House Bill 2766 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the First | 5 | | Responders Suicide Prevention Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Emergency services provider" means any public employer | 8 | | that employs persons to provide firefighting services. | 9 | | "Emergency services personnel" means any employee of an | 10 | | emergency services provider who is engaged in providing fire | 11 | | fighting services. | 12 | | "Employee assistance program" means a program established | 13 | | by a
law enforcement agency, emergency services provider, | 14 | | union, or
other entity providing counseling support, | 15 | | referrals,
information, or other social services to public | 16 | | safety personnel or emergency services personnel.
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| 1 | | "Law enforcement agency" means any county sheriff, | 2 | | municipal police department, police department established by | 3 | | a university, Department of State Police, Department of | 4 | | Corrections, Department of Children and Family Services, | 5 | | Division of Probation Services of the Supreme Court, the Office | 6 | | of the Statewide 9-1-1 Administrator, and other local or county | 7 | | agency comprised of county probation officers, corrections | 8 | | employees, or 9-1-1 telecommunicators or emergency medical | 9 | | dispatchers. | 10 | | "Peer support counseling session" means communication with | 11 | | a counselor through an employee assistance program or a trained | 12 | | peer support counselor designated by the emergency services | 13 | | provider or law enforcement agency. | 14 | | "Public safety personnel" means any employee of a law | 15 | | enforcement agency. | 16 | | Section 10. Establishment of employee assistance program; | 17 | | applicability. An emergency services provider, law enforcement | 18 | | agency, union, or
other entity providing counseling support, | 19 | | referrals,
information, or other social services to public | 20 | | safety personnel or emergency services personnel that creates | 21 | | an employee assistance program is subject to this Act. This Act | 22 | | also applies to peer support counseling sessions conducted by | 23 | | an employee or other person who: (1) has been designated by a | 24 | | law enforcement agency or emergency services provider or by an | 25 | | employee assistance program to act as a counselor; and (2) has |
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| 1 | | received training in counseling to provide emotional and moral | 2 | | support to public safety personnel or emergency services | 3 | | personnel who have been involved in emotionally traumatic | 4 | | incidents by reason of their employment that may affect their | 5 | | ability to execute their respective duties. An emergency | 6 | | services provider or law enforcement agency shall give | 7 | | appropriate training in counseling to provide emotional and | 8 | | moral support to persons designated as a peer support | 9 | | counselor. Emergency services personnel and public safety | 10 | | personnel may refer any person to an employee assistance | 11 | | program or peer support counselor within the emergency services | 12 | | provider or law enforcement agency, or if those services are | 13 | | not available within the agency, to another employee assistance | 14 | | program or peer support counseling program that is available. | 15 | | Section 20. Confidentiality; exemptions. | 16 | | (a) Any communication made by a participant or counselor in | 17 | | a peer support counseling session conducted by a law | 18 | | enforcement agency or by an emergency services provider for | 19 | | public safety personnel or emergency services personnel and any | 20 | | oral or written information conveyed in the peer support | 21 | | counseling session is confidential and may not be disclosed by | 22 | | any person participating in the peer support counseling session | 23 | | and shall not be released
to any person or entity. | 24 | | (b) Any communication relating to a peer support counseling | 25 | | session made confidential under this Section that is made |
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| 1 | | between counselors, between counselors and the supervisors or | 2 | | staff of an employee assistance program, or between the | 3 | | supervisor or staff of an employee assistance program, is | 4 | | confidential and may not be disclosed. | 5 | | (c) This Section does not prohibit any communications | 6 | | between counselors who conduct peer support counseling | 7 | | sessions or any communications between counselors and the | 8 | | supervisors or staff of an employee assistance program. | 9 | | (d) This Section does not apply to: | 10 | | (1) any threat of suicide or homicide made by a | 11 | | participant in a peer counseling session or any information | 12 | | conveyed in a peer support counseling session related to a | 13 | | threat of suicide or homicide; | 14 | | (2) any information relating to the abuse of children | 15 | | or of the elderly or other information that is required to | 16 | | be reported by law; or | 17 | | (3) any admission of criminal conduct. | 18 | | (e) All communications, notes, records, and reports | 19 | | arising out of a peer support counseling session are not | 20 | | subject to disclosure under Section 7.5 of the Freedom of | 21 | | Information Act. | 22 | | (f) A cause of action exists for public safety personnel or | 23 | | emergency services personnel if the emergency services | 24 | | provider or law enforcement agency uses confidential | 25 | | information obtained during a confidential peer support | 26 | | counseling session conducted by a law enforcement agency or by |
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| 1 | | an emergency services provider for an adverse employment action | 2 | | against the participant. | 3 | | Section 25. Judicial proceedings. Any oral communication | 4 | | or written information made or conveyed by a participant or | 5 | | counselor in a peer support session, including an employee | 6 | | assistance program, is not admissible in any judicial | 7 | | proceeding, arbitration proceeding, or other adjudicatory | 8 | | proceeding, except to the extent necessary in an action | 9 | | described in subsection (f) of Section 20. | 10 | | Section 105. The Freedom of Information Act is amended by | 11 | | changing Section 7.5 as follows: | 12 | | (5 ILCS 140/7.5) | 13 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 14 | | by the statutes referenced below, the following shall be exempt | 15 | | from inspection and copying: | 16 | | (a) All information determined to be confidential | 17 | | under Section 4002 of the Technology Advancement and | 18 | | Development Act. | 19 | | (b) Library circulation and order records identifying | 20 | | library users with specific materials under the Library | 21 | | Records Confidentiality Act. | 22 | | (c) Applications, related documents, and medical | 23 | | records received by the Experimental Organ Transplantation |
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| 1 | | Procedures Board and any and all documents or other records | 2 | | prepared by the Experimental Organ Transplantation | 3 | | Procedures Board or its staff relating to applications it | 4 | | has received. | 5 | | (d) Information and records held by the Department of | 6 | | Public Health and its authorized representatives relating | 7 | | to known or suspected cases of sexually transmissible | 8 | | disease or any information the disclosure of which is | 9 | | restricted under the Illinois Sexually Transmissible | 10 | | Disease Control Act. | 11 | | (e) Information the disclosure of which is exempted | 12 | | under Section 30 of the Radon Industry Licensing Act. | 13 | | (f) Firm performance evaluations under Section 55 of | 14 | | the Architectural, Engineering, and Land Surveying | 15 | | Qualifications Based Selection Act. | 16 | | (g) Information the disclosure of which is restricted | 17 | | and exempted under Section 50 of the Illinois Prepaid | 18 | | Tuition Act. | 19 | | (h) Information the disclosure of which is exempted | 20 | | under the State Officials and Employees Ethics Act, and | 21 | | records of any lawfully created State or local inspector | 22 | | general's office that would be exempt if created or | 23 | | obtained by an Executive Inspector General's office under | 24 | | that Act. | 25 | | (i) Information contained in a local emergency energy | 26 | | plan submitted to a municipality in accordance with a local |
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| 1 | | emergency energy plan ordinance that is adopted under | 2 | | Section 11-21.5-5 of the Illinois Municipal Code. | 3 | | (j) Information and data concerning the distribution | 4 | | of surcharge moneys collected and remitted by carriers | 5 | | under the Emergency Telephone System Act. | 6 | | (k) Law enforcement officer identification information | 7 | | or driver identification information compiled by a law | 8 | | enforcement agency or the Department of Transportation | 9 | | under Section 11-212 of the Illinois Vehicle Code. | 10 | | (l) Records and information provided to a residential | 11 | | health care facility resident sexual assault and death | 12 | | review team or the Executive Council under the Abuse | 13 | | Prevention Review Team Act. | 14 | | (m) Information provided to the predatory lending | 15 | | database created pursuant to Article 3 of the Residential | 16 | | Real Property Disclosure Act, except to the extent | 17 | | authorized under that Article. | 18 | | (n) Defense budgets and petitions for certification of | 19 | | compensation and expenses for court appointed trial | 20 | | counsel as provided under Sections 10 and 15 of the Capital | 21 | | Crimes Litigation Act. This subsection (n) shall apply | 22 | | until the conclusion of the trial of the case, even if the | 23 | | prosecution chooses not to pursue the death penalty prior | 24 | | to trial or sentencing. | 25 | | (o) Information that is prohibited from being | 26 | | disclosed under Section 4 of the Illinois Health and |
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| 1 | | Hazardous Substances Registry Act. | 2 | | (p) Security portions of system safety program plans, | 3 | | investigation reports, surveys, schedules, lists, data, or | 4 | | information compiled, collected, or prepared by or for the | 5 | | Regional Transportation Authority under Section 2.11 of | 6 | | the Regional Transportation Authority Act or the St. Clair | 7 | | County Transit District under the Bi-State Transit Safety | 8 | | Act. | 9 | | (q) Information prohibited from being disclosed by the | 10 | | Personnel Record Records Review Act. | 11 | | (r) Information prohibited from being disclosed by the | 12 | | Illinois School Student Records Act. | 13 | | (s) Information the disclosure of which is restricted | 14 | | under Section 5-108 of the Public Utilities Act.
| 15 | | (t) All identified or deidentified health information | 16 | | in the form of health data or medical records contained in, | 17 | | stored in, submitted to, transferred by, or released from | 18 | | the Illinois Health Information Exchange, and identified | 19 | | or deidentified health information in the form of health | 20 | | data and medical records of the Illinois Health Information | 21 | | Exchange in the possession of the Illinois Health | 22 | | Information Exchange Authority due to its administration | 23 | | of the Illinois Health Information Exchange. The terms | 24 | | "identified" and "deidentified" shall be given the same | 25 | | meaning as in the Health Insurance Portability and | 26 | | Accountability Act of 1996, Public Law 104-191, or any |
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| 1 | | subsequent amendments thereto, and any regulations | 2 | | promulgated thereunder. | 3 | | (u) Records and information provided to an independent | 4 | | team of experts under the Developmental Disability and | 5 | | Mental Health Safety Act (also known as Brian's Law ) . | 6 | | (v) Names and information of people who have applied | 7 | | for or received Firearm Owner's Identification Cards under | 8 | | the Firearm Owners Identification Card Act or applied for | 9 | | or received a concealed carry license under the Firearm | 10 | | Concealed Carry Act, unless otherwise authorized by the | 11 | | Firearm Concealed Carry Act; and databases under the | 12 | | Firearm Concealed Carry Act, records of the Concealed Carry | 13 | | Licensing Review Board under the Firearm Concealed Carry | 14 | | Act, and law enforcement agency objections under the | 15 | | Firearm Concealed Carry Act. | 16 | | (w) Personally identifiable information which is | 17 | | exempted from disclosure under subsection (g) of Section | 18 | | 19.1 of the Toll Highway Act. | 19 | | (x) Information which is exempted from disclosure | 20 | | under Section 5-1014.3 of the Counties Code or Section | 21 | | 8-11-21 of the Illinois Municipal Code. | 22 | | (y) Confidential information under the Adult | 23 | | Protective Services Act and its predecessor enabling | 24 | | statute, the Elder Abuse and Neglect Act, including | 25 | | information about the identity and administrative finding | 26 | | against any caregiver of a verified and substantiated |
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| 1 | | decision of abuse, neglect, or financial exploitation of an | 2 | | eligible adult maintained in the Registry established | 3 | | under Section 7.5 of the Adult Protective Services Act. | 4 | | (z) Records and information provided to a fatality | 5 | | review team or the Illinois Fatality Review Team Advisory | 6 | | Council under Section 15 of the Adult Protective Services | 7 | | Act. | 8 | | (aa) Information which is exempted from disclosure | 9 | | under Section 2.37 of the Wildlife Code. | 10 | | (bb) Information which is or was prohibited from | 11 | | disclosure by the Juvenile Court Act of 1987. | 12 | | (cc) Recordings made under the Law Enforcement | 13 | | Officer-Worn Body Camera Act, except to the extent | 14 | | authorized under that Act. | 15 | | (dd) Information that is prohibited from being | 16 | | disclosed under Section 45 of the Condominium and Common | 17 | | Interest Community Ombudsperson Act. | 18 | | (ee) Information that is exempted from disclosure | 19 | | under Section 30.1 of the Pharmacy Practice Act. | 20 | | (ff) Information that is exempted from disclosure | 21 | | under the Revised Uniform Unclaimed Property Act. | 22 | | (gg) Information that is prohibited from being | 23 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 24 | | Code. | 25 | | (hh) Records that are exempt from disclosure under | 26 | | Section 1A-16.7 of the Election Code. |
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| 1 | | (ii) Information which is exempted from disclosure | 2 | | under Section 2505-800 of the Department of Revenue Law of | 3 | | the Civil Administrative Code of Illinois. | 4 | | (jj) Information and reports that are required to be | 5 | | submitted to the Department of Labor by registering day and | 6 | | temporary labor service agencies but are exempt from | 7 | | disclosure under subsection (a-1) of Section 45 of the Day | 8 | | and Temporary Labor Services Act. | 9 | | (kk) Information prohibited from disclosure under the | 10 | | Seizure and Forfeiture Reporting Act. | 11 | | (ll) Information the disclosure of which is restricted | 12 | | and exempted under Section 5-30.8 of the Illinois Public | 13 | | Aid Code. | 14 | | (mm) (ll) Records that are exempt from disclosure under | 15 | | Section 4.2 of the Crime Victims Compensation Act. | 16 | | (nn) (ll) Information that is exempt from disclosure | 17 | | under Section 70 of the Higher Education Student Assistance | 18 | | Act. | 19 | | (oo) Communications, notes, records, and reports | 20 | | arising out of a peer support counseling session prohibited | 21 | | from disclosure under the First Responders Suicide | 22 | | Prevention Act. | 23 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | 24 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | 25 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 26 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. |
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| 1 | | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | 2 | | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | 3 | | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised | 4 | | 10-12-18.) | 5 | | Section 107. The Department of Natural Resources Act is | 6 | | amended by adding Section 1-31 as follows: | 7 | | (20 ILCS 801/1-31 new) | 8 | | Sec. 1-31. Possession of a Firearm Owner's Identification | 9 | | Card. The Department shall not make possession of a Firearm | 10 | | Owner's Identification Card a condition of continued | 11 | | employment if the Conservation Police officer's Firearm | 12 | | Owner's Identification Card is revoked or seized because the | 13 | | Conservation Police officer has been a patient of a mental | 14 | | health facility and the Conservation Police officer has not | 15 | | been determined to pose a clear and present danger to himself, | 16 | | herself, or others as determined by a physician, clinical | 17 | | psychologist, or qualified examiner. Nothing is this Section | 18 | | shall otherwise impair an employer's ability to determine a | 19 | | Conservation Police officer's fitness for duty. A collective | 20 | | bargaining agreement already in effect on this issue on the | 21 | | effective date of this amendatory Act of the 101st General | 22 | | Assembly cannot be modified, but on or after the effective date | 23 | | of this amendatory Act of the 101st General Assembly, the | 24 | | employer cannot require a Firearm Owner's Identification Card |
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| 1 | | as a condition of continued employment in a collective | 2 | | bargaining agreement. The employer shall document if and why a | 3 | | Conservation Police officer has been determined to pose a clear | 4 | | and present danger. | 5 | | Section 110. The Department of State Police Law of the
| 6 | | Civil Administrative Code of Illinois is amended by adding | 7 | | Sections 2605-99 and 2605-610 as follows: | 8 | | (20 ILCS 2605/2605-99 new) | 9 | | Sec. 2605-99. Training; suicide prevention. The Department | 10 | | shall conduct or approve a 2-day in-service training program | 11 | | for law enforcement officers that includes job-related stress | 12 | | management and suicide prevention that is consistent with | 13 | | Section 25 of the Illinois Mental Health First Aid Training Act | 14 | | in a peer setting. The in-service training program shall | 15 | | include training for law enforcement officers to recognize | 16 | | signs of work-related cumulative stress of peers and other | 17 | | related issues that may lead to stress, trauma, or suicide. | 18 | | This in-service training program shall be completed every 2 | 19 | | years by each local law enforcement officer. The Board shall | 20 | | establish the training program on or before January 1, 2021. | 21 | | (20 ILCS 2605/2605-610 new) | 22 | | Sec. 2605-610. Possession of a Firearm Owner's | 23 | | Identification Card. The Department shall not make possession |
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| 1 | | of a Firearm Owner's Identification Card a condition of | 2 | | continued employment if the State Police officer's Firearm | 3 | | Owner's Identification Card is revoked or seized because the | 4 | | State Police officer has been a patient of a mental health | 5 | | facility and the State Police officer has not been determined | 6 | | to pose a clear and present danger to himself, herself, or | 7 | | others as determined by a physician, clinical psychologist, or | 8 | | qualified examiner. Nothing is this Section shall otherwise | 9 | | impair an employer's ability to determine a State Police | 10 | | officer's fitness for duty. A collective bargaining agreement | 11 | | already in effect on this issue on the effective date of this | 12 | | amendatory Act of the 101st General Assembly cannot be | 13 | | modified, but on or after the effective date of this amendatory | 14 | | Act of the 101st General Assembly, the employer cannot require | 15 | | a Firearm Owner's Identification Card as a condition of | 16 | | continued employment in a collective bargaining agreement. The | 17 | | employer shall document if and why a State Police officer has | 18 | | been determined to pose a clear and present danger. | 19 | | Section 115. The Illinois Police Training Act is amended by | 20 | | changing Section 7 and adding Section 10.17-2 as follows:
| 21 | | (50 ILCS 705/7) (from Ch. 85, par. 507)
| 22 | | Sec. 7. Rules and standards for schools. The Board shall | 23 | | adopt rules and
minimum standards for such schools which shall | 24 | | include, but not be limited to,
the following:
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| 1 | | a. The curriculum for probationary police officers | 2 | | which shall be
offered by all certified schools shall | 3 | | include, but not be limited to,
courses of procedural | 4 | | justice, arrest and use and control tactics, search and | 5 | | seizure, including temporary questioning, civil rights, | 6 | | human rights, human relations,
cultural competency, | 7 | | including implicit bias and racial and ethnic sensitivity,
| 8 | | criminal law, law of criminal procedure, constitutional | 9 | | and proper use of law enforcement authority, vehicle and | 10 | | traffic law including
uniform and non-discriminatory | 11 | | enforcement of the Illinois Vehicle Code,
traffic control | 12 | | and accident investigation, techniques of obtaining
| 13 | | physical evidence, court testimonies, statements, reports, | 14 | | firearms
training, training in the use of electronic | 15 | | control devices, including the psychological and | 16 | | physiological effects of the use of those devices on | 17 | | humans, first-aid (including cardiopulmonary | 18 | | resuscitation), training in the administration of opioid | 19 | | antagonists as defined in paragraph (1) of subsection (e) | 20 | | of Section 5-23 of the Substance Use Disorder Act, handling | 21 | | of
juvenile offenders, recognition of
mental conditions | 22 | | and crises, including, but not limited to, the disease of | 23 | | addiction, which require immediate assistance and response | 24 | | and methods to
safeguard and provide assistance to a person | 25 | | in need of mental
treatment, recognition of abuse, neglect, | 26 | | financial exploitation, and self-neglect of adults with |
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| 1 | | disabilities and older adults, as defined in Section 2 of | 2 | | the Adult Protective Services Act, crimes against the | 3 | | elderly, law of evidence, the hazards of high-speed police | 4 | | vehicle
chases with an emphasis on alternatives to the | 5 | | high-speed chase, and
physical training. The curriculum | 6 | | shall include specific training in
techniques for | 7 | | immediate response to and investigation of cases of | 8 | | domestic
violence and of sexual assault of adults and | 9 | | children, including cultural perceptions and common myths | 10 | | of sexual assault and sexual abuse as well as interview | 11 | | techniques that are age sensitive and are trauma informed, | 12 | | victim centered, and victim sensitive. The curriculum | 13 | | shall include
training in techniques designed to promote | 14 | | effective
communication at the initial contact with crime | 15 | | victims and ways to comprehensively
explain to victims and | 16 | | witnesses their rights under the Rights
of Crime Victims | 17 | | and Witnesses Act and the Crime
Victims Compensation Act. | 18 | | The curriculum shall also include training in effective | 19 | | recognition of and responses to stress, trauma, and | 20 | | post-traumatic stress experienced by police officers that | 21 | | is consistent with Section 25 of the Illinois Mental Health | 22 | | First Aid Training Act in a peer setting . The curriculum | 23 | | shall also include a block of instruction aimed at | 24 | | identifying and interacting with persons with autism and | 25 | | other developmental or physical disabilities, reducing | 26 | | barriers to reporting crimes against persons with autism, |
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| 1 | | and addressing the unique challenges presented by cases | 2 | | involving victims or witnesses with autism and other | 3 | | developmental disabilities. The curriculum for
permanent | 4 | | police officers shall include, but not be limited to: (1) | 5 | | refresher
and in-service training in any of the courses | 6 | | listed above in this
subparagraph, (2) advanced courses in | 7 | | any of the subjects listed above in
this subparagraph, (3) | 8 | | training for supervisory personnel, and (4)
specialized | 9 | | training in subjects and fields to be selected by the | 10 | | board. The training in the use of electronic control | 11 | | devices shall be conducted for probationary police | 12 | | officers, including University police officers.
| 13 | | b. Minimum courses of study, attendance requirements | 14 | | and 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 | 19 | | law enforcement officer for a participating local
| 20 | | governmental agency. Those requirements shall include | 21 | | training in first aid
(including cardiopulmonary | 22 | | resuscitation).
| 23 | | e. Minimum basic training requirements, which a | 24 | | probationary county
corrections officer must | 25 | | satisfactorily complete before being eligible for
| 26 | | permanent employment as a county corrections officer for a |
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| 1 | | participating
local governmental agency.
| 2 | | f. Minimum basic training requirements which a | 3 | | probationary court
security officer must satisfactorily | 4 | | complete before being eligible for
permanent employment as | 5 | | a court security officer for a participating local
| 6 | | governmental agency. The Board shall
establish those | 7 | | training requirements which it considers appropriate for | 8 | | court
security officers and shall certify schools to | 9 | | conduct that training.
| 10 | | A person hired to serve as a court security officer | 11 | | must obtain from the
Board a certificate (i) attesting to | 12 | | his or her successful completion of the
training course; | 13 | | (ii) attesting to his or her satisfactory
completion of a | 14 | | training program of similar content and number of hours | 15 | | that
has been found acceptable by the Board under the | 16 | | provisions of this Act; or
(iii) attesting to the Board's | 17 | | determination that the training
course is unnecessary | 18 | | because of the person's extensive prior law enforcement
| 19 | | experience.
| 20 | | Individuals who currently serve as court security | 21 | | officers shall be deemed
qualified to continue to serve in | 22 | | that capacity so long as they are certified
as provided by | 23 | | this Act within 24 months of June 1, 1997 (the effective | 24 | | date of Public Act 89-685). Failure to be so certified, | 25 | | absent a waiver from the
Board, shall cause the officer to | 26 | | forfeit his or her position.
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| 1 | | All individuals hired as court security officers on or | 2 | | after June 1, 1997 (the effective
date of Public Act | 3 | | 89-685) shall be certified within 12 months of the
date of | 4 | | their hire, unless a waiver has been obtained by the Board, | 5 | | or they
shall forfeit their positions.
| 6 | | The Sheriff's Merit Commission, if one exists, or the | 7 | | Sheriff's Office if
there is no Sheriff's Merit Commission, | 8 | | shall maintain a list of all
individuals who have filed | 9 | | applications to become court security officers and
who meet | 10 | | the eligibility requirements established under this Act. | 11 | | Either
the Sheriff's Merit Commission, or the Sheriff's | 12 | | Office if no Sheriff's Merit
Commission exists, shall | 13 | | establish a schedule of reasonable intervals for
| 14 | | verification of the applicants' qualifications under
this | 15 | | Act and as established by the Board.
| 16 | | g. Minimum in-service training requirements, which a | 17 | | police officer must satisfactorily complete every 3 years. | 18 | | Those requirements shall include constitutional and proper | 19 | | use of law enforcement authority, procedural justice, | 20 | | civil rights, human rights, mental health awareness and | 21 | | response, and cultural competency. | 22 | | h. Minimum in-service training requirements, which a | 23 | | police officer must satisfactorily complete at least | 24 | | annually. Those requirements shall include law updates and | 25 | | use of force training which shall include scenario based | 26 | | training, or similar training approved by the Board. |
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| 1 | | (Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, | 2 | | eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18; | 3 | | 100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff. | 4 | | 8-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)
| 5 | | (50 ILCS 705/10.17-2 new) | 6 | | Sec. 10.17-2. Training; suicide prevention. The Board | 7 | | shall conduct or approve a 2-day in-service training program | 8 | | for law enforcement officers that includes job-related stress | 9 | | management and suicide prevention that is consistent with | 10 | | Section 25 of the Illinois Mental Health First Aid Training Act | 11 | | in a peer setting. The in-service training program shall | 12 | | include training for law enforcement officers to recognize | 13 | | signs of work-related cumulative stress of peers and other | 14 | | related issues that may lead to stress, trauma, or suicide. | 15 | | This in-service training program shall be completed every 2 | 16 | | years by each local law enforcement officer. The Board shall | 17 | | establish the training program on or before January 1, 2021. | 18 | | Section 117. The Uniform Peace Officers' Disciplinary Act | 19 | | is amended by changing Section 7.2 as follows: | 20 | | (50 ILCS 725/7.2) | 21 | | Sec. 7.2. Possession of a Firearm Owner's Identification | 22 | | Card. An employer of an officer shall not make possession of a | 23 | | Firearm Owner's Identification Card a condition of continued |
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| 1 | | employment if the officer's Firearm Owner's Identification | 2 | | Card is revoked or seized because the officer has been a | 3 | | patient of a mental health facility and the officer has not | 4 | | been determined to pose a clear and present danger to himself, | 5 | | herself, or others as determined by a physician, clinical | 6 | | psychologist, or qualified examiner. Nothing is this Section | 7 | | shall otherwise impair an employer's ability to determine an | 8 | | officer's fitness for duty. On and after the effective date of | 9 | | this amendatory Act of the 100th General Assembly, Section 6 of | 10 | | this Act shall not apply to the prohibition requiring a Firearm | 11 | | Owner's Identification Card as a condition of continued | 12 | | employment, but a collective bargaining agreement already in | 13 | | effect on that issue on the effective date of this amendatory | 14 | | Act of the 100th General Assembly cannot be modified. The | 15 | | employer shall document if and why an officer has been | 16 | | determined to pose a clear and present danger.
| 17 | | (Source: P.A. 100-911, eff. 8-17-18.) | 18 | | Section 120. The Illinois Fire Protection Training Act is | 19 | | amended by changing Section 8 and adding Section 12.2 as | 20 | | follows:
| 21 | | (50 ILCS 740/8) (from Ch. 85, par. 538)
| 22 | | Sec. 8. Rules and minimum standards for schools. The Office
| 23 | | shall adopt rules and minimum standards for such
schools which | 24 | | shall include but not be limited to the following:
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| 1 | | a. Minimum courses of study, resources, facilities, | 2 | | apparatus,
equipment, reference material, established | 3 | | records and procedures as
determined by the Office.
| 4 | | b. Minimum requirements for instructors.
| 5 | | c. Minimum basic training requirements, which a | 6 | | trainee must
satisfactorily complete before being eligible | 7 | | for permanent employment
as a firefighter fire fighter in | 8 | | the fire department of a participating local
governmental | 9 | | agency.
Those requirements shall include training in first | 10 | | aid (including
cardiopulmonary resuscitation) and training | 11 | | in the administration of opioid antagonists as defined in | 12 | | paragraph (1) of subsection (e) of Section 5-23 of the | 13 | | Substance Use Disorder Act.
| 14 | | d. Training in effective recognition of and responses | 15 | | to stress, trauma, and post-traumatic stress experienced | 16 | | by firefighters that is consistent with Section 25 of the | 17 | | Illinois Mental Health First Aid Training Act in a peer | 18 | | setting. | 19 | | (Source: P.A. 99-480, eff. 9-9-15; 100-759, eff. 1-1-19 .)
| 20 | | (50 ILCS 740/12.2 new) | 21 | | Sec. 12.2. Training; suicide prevention. The Office shall | 22 | | conduct or approve a 2-day in-service training program for | 23 | | permanent fire protection personnel that includes job-related | 24 | | stress management and suicide prevention that is consistent | 25 | | with Section 25 of the Illinois Mental Health First Aid |
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| 1 | | Training Act in a peer setting. The in-service training program | 2 | | shall include training for permanent fire protection personnel | 3 | | to recognize signs of work-related cumulative stress of peers | 4 | | and other related issues that may lead to stress, trauma, or | 5 | | suicide. This in-service training program shall be completed | 6 | | every 2 years by each firefighter. The Board shall establish | 7 | | the training program on or before January 1, 2021. | 8 | | Section 130. The Counties Code is amended by adding | 9 | | Sections 3-6012.2 and 3-6050 as follows: | 10 | | (55 ILCS 5/3-6012.2 new) | 11 | | Sec. 3-6012.2. Mental health specialists; sheriff's | 12 | | offices. For every 1,000 persons a sheriff's office employees, | 13 | | that sheriff's office shall employ at least one mental health | 14 | | specialist. | 15 | | (55 ILCS 5/3-6050 new) | 16 | | Sec. 3-6050. Possession of a Firearm Owner's | 17 | | Identification Card. An employer of a law enforcement officer | 18 | | shall not make possession of a Firearm Owner's Identification | 19 | | Card a condition of continued employment if the law enforcement | 20 | | officer's Firearm Owner's Identification Card is revoked or | 21 | | seized because the law enforcement officer has been a patient | 22 | | of a mental health facility and the law enforcement officer has | 23 | | not been determined to pose a clear and present danger to |
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| 1 | | himself, herself, or others as determined by a physician, | 2 | | clinical psychologist, or qualified examiner. Nothing is this | 3 | | Section shall otherwise impair an employer's ability to | 4 | | determine a law enforcement officer's fitness for duty. A | 5 | | collective bargaining agreement already in effect on this issue | 6 | | on the effective date of this amendatory Act of the 101st | 7 | | General Assembly cannot be modified, but on or after the | 8 | | effective date of this amendatory Act of the 101st General | 9 | | Assembly, the employer cannot require a Firearm Owner's | 10 | | Identification Card as a condition of continued employment in a | 11 | | collective bargaining agreement. The employer shall document | 12 | | if and why a law enforcement officer has been determined to | 13 | | pose a clear and present danger. | 14 | | Section 135. The Illinois Municipal Code is amended by | 15 | | adding Sections 11-1-14 and 11-6-11 as follows: | 16 | | (65 ILCS 5/11-1-14 new) | 17 | | Sec. 11-1-14. Mental health specialists; police. The | 18 | | corporate authorities of each municipality which has | 19 | | established a police department shall require the employment of | 20 | | at least one mental health specialist for every 1,000 persons | 21 | | employed. | 22 | | (65 ILCS 5/11-6-11 new) | 23 | | Sec. 11-6-11. Mental health specialists; fire. The |
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| 1 | | corporate authorities of each municipality which has | 2 | | established firefighting services shall require the employment | 3 | | of at least one mental health specialist for every 1,000 | 4 | | persons employed. | 5 | | Section 140. The Probation and Probation Officers Act is | 6 | | amended by adding Section 19 as follows: | 7 | | (730 ILCS 110/19 new) | 8 | | Sec. 19. Possession of a Firearm Owner's Identification | 9 | | Card. An employer of a probation officer shall not make | 10 | | possession of a Firearm Owner's Identification Card a condition | 11 | | of continued employment if the probation officer's Firearm | 12 | | Owner's Identification Card is revoked or seized because the | 13 | | probation officer has been a patient of a mental health | 14 | | facility and the officer has not been determined to pose a | 15 | | clear and present danger to himself, herself, or others as | 16 | | determined by a physician, clinical psychologist, or qualified | 17 | | examiner. Nothing is this Section shall otherwise impair an | 18 | | employer's ability to determine a probation officer's fitness | 19 | | for duty. A collective bargaining agreement already in effect | 20 | | on this issue on the effective date of this amendatory Act of | 21 | | the 101st General Assembly cannot be modified, but on or after | 22 | | the effective date of this amendatory Act of the 101st General | 23 | | Assembly, the employer cannot require a Firearm Owner's | 24 | | Identification Card as a condition of continued employment in a |
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| 1 | | collective bargaining agreement. The employer shall document | 2 | | if and why a probation officer has been determined to pose a | 3 | | clear and present danger.
| 4 | | Section 999. Effective date. This Act takes effect January | 5 | | 1, 2020.".
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