Illinois General Assembly - Full Text of SB0730
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Full Text of SB0730  101st General Assembly

SB0730eng 101ST GENERAL ASSEMBLY



 


 
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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the First
5Responders Suicide Prevention Act.
 
6    Section 5. Legislative findings. The General Assembly
7finds that:
8    (1) This State's first responders are tasked with work that
9is highly stressful if one continually faces the impact of
10murder, violence, accidents, serious injury, and death. The day
11in and day out impact of these situations wreak havoc
12personally and professionally on those who serve their
13communities. Work as a first responder is a combination of
14extreme boredom with incidents of mind-numbing terror. No
15person, no matter how highly trained or well-adjusted, is
16immune to the long-term impact of cumulative stress or sudden
17critical incidents.
18    (2) Since September 11, 2001, the role of first responders
19has changed dramatically. First responders have become the
20teachers, advocates, counselors, enforcement, and safety to
21those they serve, yet year after year, police and firefighters
22always rank at the top for the most stressful jobs in this
23country. The demands of shift work, change in politics and

 

 

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1public policy, and having to make life changing decisions
2within seconds are all contributing factors in the mental
3health and welfare of our public servants. Alcoholism, divorce,
4depression, post-traumatic stress disorder (PTSD),
5stress-related health issues, and suicide among first
6responders are constantly well above the national average. The
7health and well-being of first responders not only affect the
8officer or firefighter, but those who work closely around the
9first responder and the public he or she serves and protects.
10    (3) The purpose of this Act is to allow agencies to train
11personnel in peer counseling. This allows firefighters and law
12enforcement officers to have access to trained persons within
13their respective fields to speak to and seek guidance during
14difficult and challenging times in their careers and lives.
15Most first responders feel comfortable speaking to others
16within their profession that have experienced similar
17situations. Allowing this type of counseling gives public
18servants the ability to seek help during trying times with the
19confidence of knowing their issue is held in confidence with
20someone who understands. No longer should these public servants
21have to suffer in silence.
22    (4) Maintaining an emotional and mentally healthy class of
23first responders should be a priority goal to achieve. Healthy
24police make better decisions, increase productivity, create
25better work environments, and respond to society in a much more
26open and effective manner.
 

 

 

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1    Section 10. Definitions. In this Act:
2    "Emergency services provider" means any public employer
3that employs persons to provide firefighting services.
4    "Emergency services personnel" means any employee of an
5emergency services provider who is engaged in providing
6firefighting services.
7    "Employee assistance program" means a program established
8by a law enforcement agency or emergency services provider to
9provide counseling support services to employees of the law
10enforcement agency or emergency services provider, including
11peer support counselors who have received training in
12counseling and moral support.
13    "Law enforcement agency" means any county sheriff,
14municipal police department, police department established by
15a university, Department of State Police, Department of
16Corrections, Department of Children and Family Services,
17Division of Probation Services of the Supreme Court, the Office
18of the Statewide 9-1-1 Administrator, and other local or county
19agency comprised of county probation officers, corrections
20employees, or 9-1-1 telecommunicators or emergency medical
21dispatchers.
22    "Peer support counseling session" means communication with
23a counselor through an employee assistance program or a trained
24peer support counselor designated by the emergency services
25provider or law enforcement agency.

 

 

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1    "Public safety personnel" means any employee of a law
2enforcement agency.
 
3    Section 15. Establishment of employee assistance program;
4applicability.
5    (a) This Act applies to peer support counseling sessions
6conducted by an employee or other person who:
7        (1) has been designated by a law enforcement agency or
8    emergency services provider or by an employee assistance
9    program to act as a counselor; and
10        (2) has received training in counseling to provide
11    emotional and moral support to public safety personnel or
12    emergency services personnel who have been involved in
13    emotionally traumatic incidents by reason of their
14    employment that may affect their ability to execute their
15    respective duties.
16    (b) An emergency services provider or law enforcement
17agency may establish an employee assistance program to assist
18emergency services personnel and public safety personnel,
19including designating a person within the emergency services
20provider or law enforcement agency to act as a peer support
21counselor. An emergency services provider or law enforcement
22agency shall give appropriate training in counseling to provide
23emotional and moral support to persons designated as a peer
24support counselor. Emergency services personnel and public
25safety personnel may refer any person to an employee assistance

 

 

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1program or peer support counselor within the emergency services
2provider or law enforcement agency, or if those services are
3not available within the agency, to another employee assistance
4program or peer support counseling program that is available.
 
5    Section 20. Confidentiality; exemptions.
6    (a) Any communication made by a participant or counselor in
7a peer support counseling session conducted by a law
8enforcement agency or by an emergency services provider for
9public safety personnel or emergency services personnel and any
10oral or written information conveyed in the peer support
11counseling session is confidential and may not be disclosed by
12any person participating in the peer support counseling
13session.
14    (b) Any communication relating to a peer support counseling
15session made confidential under this Section that is made
16between counselors, between counselors and the supervisors or
17staff of an employee assistance program, or between the
18supervisor or staff of an employee assistance program, is
19confidential and may not be disclosed.
20    (c) This Section does not prohibit any communications
21between counselors who conduct peer support counseling
22sessions or any communications between counselors and the
23supervisors or staff of an employee assistance program.
24    (d) This Section does not apply to:
25        (1) any threat of suicide or homicide made by a

 

 

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1    participant in a peer counseling session or any information
2    conveyed in a peer support counseling session related to a
3    threat of suicide or homicide;
4        (2) any information relating to the abuse of children
5    or of the elderly or other information that is required to
6    be reported by law; or
7        (3) any admission or knowledge of criminal conduct.
8    (e) All communications, notes, records, and reports
9arising out of a peer support counseling session shall be
10exempt from inspection and copying under the Freedom of
11Information Act.
12    (f) A cause of action exists for public safety personnel or
13emergency services personnel if the emergency services
14provider or law enforcement agency uses confidential
15information obtained during a confidential peer support
16counseling session conducted by a law enforcement agency or by
17an emergency services provider for an adverse employment action
18against the participant.
 
19    Section 25. Judicial proceedings.
20    (a) Any oral communication or written information made or
21conveyed by a participant or counselor in a peer support
22session, including an employee assistance program, is not
23admissible in any judicial proceeding, arbitration proceeding,
24or other adjudicatory proceeding, except to the extent
25necessary in an action described in subsection (f) of Section

 

 

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120 or if related to information obtained under subsection (d)
2of Section 20.
3    (b) Nothing in this Section limits the discovery or
4introduction into evidence, knowledge acquired by any public
5safety personnel or emergency services personnel from
6observations made during the course of employment or material
7or information acquired during the course of employment that is
8otherwise subject to discovery in evidence.
 
9    Section 110. The Department of State Police Law of the
10Civil Administrative Code of Illinois is amended by adding
11Section 2605-99 as follows:
 
12    (20 ILCS 2605/2605-99 new)
13    Sec. 2605-99. Training; suicide prevention. The
14Department, in consultation with a statewide association that
15represents public pension funds under Article 3 and Article 4
16of the Illinois Pension Code, shall conduct or approve a 2-day
17in-service training program for State Police officers in
18job-related stress management and suicide prevention. The
19in-service training program shall train State Police officers
20to recognize signs of work-related cumulative stress and other
21related issues that may lead to suicide and offer appropriate
22solutions for intervention. This in-service training program
23shall be completed every 2 years by each State Police officer.
24The Department shall establish the training program on or

 

 

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1before January 1, 2020.
 
2    Section 115. The Illinois Police Training Act is amended by
3changing Section 7 and by adding Section 10.17-2 as follows:
 
4    (50 ILCS 705/7)  (from Ch. 85, par. 507)
5    Sec. 7. Rules and standards for schools. The Board shall
6adopt rules and minimum standards for such schools which shall
7include, but not be limited to, the following:
8        a. The curriculum for probationary police officers
9    which shall be offered by all certified schools shall
10    include, but not be limited to, courses of procedural
11    justice, arrest and use and control tactics, search and
12    seizure, including temporary questioning, civil rights,
13    human rights, human relations, cultural competency,
14    including implicit bias and racial and ethnic sensitivity,
15    criminal law, law of criminal procedure, constitutional
16    and proper use of law enforcement authority, vehicle and
17    traffic law including uniform and non-discriminatory
18    enforcement of the Illinois Vehicle Code, traffic control
19    and accident investigation, techniques of obtaining
20    physical evidence, court testimonies, statements, reports,
21    firearms training, training in the use of electronic
22    control devices, including the psychological and
23    physiological effects of the use of those devices on
24    humans, first-aid (including cardiopulmonary

 

 

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1    resuscitation), training in the administration of opioid
2    antagonists as defined in paragraph (1) of subsection (e)
3    of Section 5-23 of the Substance Use Disorder Act, handling
4    of juvenile offenders, recognition of mental conditions
5    and crises, including, but not limited to, the disease of
6    addiction, which require immediate assistance and response
7    and methods to safeguard and provide assistance to a person
8    in need of mental treatment, recognition of abuse, neglect,
9    financial exploitation, and self-neglect of adults with
10    disabilities and older adults, as defined in Section 2 of
11    the Adult Protective Services Act, crimes against the
12    elderly, law of evidence, the hazards of high-speed police
13    vehicle chases with an emphasis on alternatives to the
14    high-speed chase, and physical training. The curriculum
15    shall include specific training in techniques for
16    immediate response to and investigation of cases of
17    domestic violence and of sexual assault of adults and
18    children, including cultural perceptions and common myths
19    of sexual assault and sexual abuse as well as interview
20    techniques that are age sensitive and are trauma informed,
21    victim centered, and victim sensitive. The curriculum
22    shall include training in techniques designed to promote
23    effective communication at the initial contact with crime
24    victims and ways to comprehensively explain to victims and
25    witnesses their rights under the Rights of Crime Victims
26    and Witnesses Act and the Crime Victims Compensation Act.

 

 

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1    The curriculum shall also include training in effective
2    recognition of and responses to stress, trauma, and
3    post-traumatic stress experienced by police officers. The
4    curriculum shall also include a block of instruction aimed
5    at identifying and interacting with persons with autism and
6    other developmental or physical disabilities, reducing
7    barriers to reporting crimes against persons with autism,
8    and addressing the unique challenges presented by cases
9    involving victims or witnesses with autism and other
10    developmental disabilities. The curriculum for permanent
11    police officers shall include, but not be limited to: (1)
12    refresher and in-service training in any of the courses
13    listed above in this subparagraph, (2) advanced courses in
14    any of the subjects listed above in this subparagraph, (3)
15    training for supervisory personnel, and (4) specialized
16    training in subjects and fields to be selected by the
17    board. The training in the use of electronic control
18    devices shall be conducted for probationary police
19    officers, including University police officers.
20        b. Minimum courses of study, attendance requirements
21    and equipment requirements.
22        c. Minimum requirements for instructors.
23        d. Minimum basic training requirements, which a
24    probationary police officer must satisfactorily complete
25    before being eligible for permanent employment as a local
26    law enforcement officer for a participating local

 

 

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1    governmental agency. Those requirements shall include
2    training in first aid (including cardiopulmonary
3    resuscitation).
4        e. Minimum basic training requirements, which a
5    probationary county corrections officer must
6    satisfactorily complete before being eligible for
7    permanent employment as a county corrections officer for a
8    participating local governmental agency.
9        f. Minimum basic training requirements which a
10    probationary court security officer must satisfactorily
11    complete before being eligible for permanent employment as
12    a court security officer for a participating local
13    governmental agency. The Board shall establish those
14    training requirements which it considers appropriate for
15    court security officers and shall certify schools to
16    conduct that training.
17        A person hired to serve as a court security officer
18    must obtain from the Board a certificate (i) attesting to
19    his or her successful completion of the training course;
20    (ii) attesting to his or her satisfactory completion of a
21    training program of similar content and number of hours
22    that has been found acceptable by the Board under the
23    provisions of this Act; or (iii) attesting to the Board's
24    determination that the training course is unnecessary
25    because of the person's extensive prior law enforcement
26    experience.

 

 

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1        Individuals who currently serve as court security
2    officers shall be deemed qualified to continue to serve in
3    that capacity so long as they are certified as provided by
4    this Act within 24 months of June 1, 1997 (the effective
5    date of Public Act 89-685). Failure to be so certified,
6    absent a waiver from the Board, shall cause the officer to
7    forfeit his or her position.
8        All individuals hired as court security officers on or
9    after June 1, 1997 (the effective date of Public Act
10    89-685) shall be certified within 12 months of the date of
11    their hire, unless a waiver has been obtained by the Board,
12    or they shall forfeit their positions.
13        The Sheriff's Merit Commission, if one exists, or the
14    Sheriff's Office if there is no Sheriff's Merit Commission,
15    shall maintain a list of all individuals who have filed
16    applications to become court security officers and who meet
17    the eligibility requirements established under this Act.
18    Either the Sheriff's Merit Commission, or the Sheriff's
19    Office if no Sheriff's Merit Commission exists, shall
20    establish a schedule of reasonable intervals for
21    verification of the applicants' qualifications under this
22    Act and as established by the Board.
23        g. Minimum in-service training requirements, which a
24    police officer must satisfactorily complete every 3 years.
25    Those requirements shall include constitutional and proper
26    use of law enforcement authority, procedural justice,

 

 

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1    civil rights, human rights, mental health awareness and
2    response, officer wellness, and cultural competency.
3        h. Minimum in-service training requirements, which a
4    police officer must satisfactorily complete at least
5    annually. Those requirements shall include law updates and
6    use of force training which shall include scenario based
7    training, or similar training approved by the Board.
8(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,
9eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18;
10100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff.
118-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)
 
12    (50 ILCS 705/10.17-2 new)
13    Sec. 10.17-2. Training; suicide prevention. The Board, in
14consultation with a statewide association that represents
15public pension funds under Article 3 and Article 4 of the
16Illinois Pension Code, shall conduct or approve an in-service
17training program for law enforcement officers in job-related
18stress management and suicide prevention. The in-service
19training program shall train law enforcement officers of local
20government agencies to recognize signs of work-related
21cumulative stress and other related issues that may lead to
22suicide and offer appropriate solutions for intervention. This
23in-service training program shall be completed every 3 years by
24each local law enforcement officer. The Board shall establish
25the training program on or before January 1, 2020.
 

 

 

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1    Section 999. Effective date. This Act takes effect upon
2becoming law.