Full Text of SB4002 101st General Assembly
SB4002 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB4002 Introduced 1/4/2021, by Sen. Rachelle Crowe SYNOPSIS AS INTRODUCED: |
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50 ILCS 705/7 | from Ch. 85, par. 507 |
720 ILCS 5/7-5.5 | |
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Amends the Illinois Police Training Act. Provides that the curriculum for probationary police officers and in-service training shall include instruction on the prevention of positional asphyxiation. Amends the Criminal Code of 2012. Provides that a peace officer shall not use prolonged restraint above the shoulders with risk of positional asphyxiation in the performance of his or her duties, unless deadly force is otherwise justified under the Code. Prohibits the use of prolonged restraint above the shoulders with risk of positional asphyxiation in order to prevent the destruction of evidence by ingestion. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning police.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Police Training Act is amended by | 5 | | changing Section 7 as follows:
| 6 | | (50 ILCS 705/7) (from Ch. 85, par. 507)
| 7 | | Sec. 7. Rules and standards for schools. The Board shall | 8 | | adopt rules and
minimum standards for such schools which shall | 9 | | include, but not be limited to,
the following:
| 10 | | a. The curriculum for probationary police officers | 11 | | which shall be
offered by all certified schools shall | 12 | | include, but not be limited to,
courses of procedural | 13 | | justice, arrest and use and control tactics including | 14 | | prevention of positional asphyxiation , search and seizure, | 15 | | including temporary questioning, civil rights, human | 16 | | rights, human relations,
cultural competency, including | 17 | | implicit bias and racial and ethnic sensitivity,
criminal | 18 | | law, law of criminal procedure, constitutional and proper | 19 | | use of law enforcement authority, vehicle and traffic law | 20 | | including
uniform and non-discriminatory enforcement of | 21 | | the Illinois Vehicle Code,
traffic control and accident | 22 | | investigation, techniques of obtaining
physical evidence, | 23 | | court testimonies, statements, reports, firearms
training, |
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| 1 | | training in the use of electronic control devices, | 2 | | including the psychological and physiological effects of | 3 | | the use of those devices on humans, first-aid (including | 4 | | cardiopulmonary resuscitation), training in the | 5 | | administration of opioid antagonists as defined in | 6 | | paragraph (1) of subsection (e) of Section 5-23 of the | 7 | | Substance Use Disorder Act, handling of
juvenile | 8 | | offenders, recognition of
mental conditions and crises, | 9 | | including, but not limited to, the disease of addiction, | 10 | | which require immediate assistance and response and | 11 | | methods to
safeguard and provide assistance to a person in | 12 | | need of mental
treatment, recognition of abuse, neglect, | 13 | | financial exploitation, and self-neglect of adults with | 14 | | disabilities and older adults, as defined in Section 2 of | 15 | | the Adult Protective Services Act, crimes against the | 16 | | elderly, law of evidence, the hazards of high-speed police | 17 | | vehicle
chases with an emphasis on alternatives to the | 18 | | high-speed chase, and
physical training. The curriculum | 19 | | shall include specific training in
techniques for | 20 | | immediate response to and investigation of cases of | 21 | | domestic
violence and of sexual assault of adults and | 22 | | children, including cultural perceptions and common myths | 23 | | of sexual assault and sexual abuse as well as interview | 24 | | techniques that are age sensitive and are trauma informed, | 25 | | victim centered, and victim sensitive. The curriculum | 26 | | shall include
training in techniques designed to promote |
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| 1 | | effective
communication at the initial contact with crime | 2 | | victims and ways to comprehensively
explain to victims and | 3 | | witnesses their rights under the Rights
of Crime Victims | 4 | | and Witnesses Act and the Crime
Victims Compensation Act. | 5 | | The curriculum shall also include training in effective | 6 | | recognition of and responses to stress, trauma, and | 7 | | post-traumatic stress experienced by police officers that | 8 | | is consistent with Section 25 of the Illinois Mental Health | 9 | | First Aid Training Act in a peer setting, including | 10 | | recognizing signs and symptoms of work-related cumulative | 11 | | stress, issues that may lead to suicide, and solutions for | 12 | | intervention with peer support resources. The curriculum | 13 | | shall include a block of instruction addressing the | 14 | | mandatory reporting requirements under the Abused and | 15 | | Neglected Child Reporting Act. The curriculum shall also | 16 | | include a block of instruction aimed at identifying and | 17 | | interacting with persons with autism and other | 18 | | developmental or physical disabilities, reducing barriers | 19 | | to reporting crimes against persons with autism, and | 20 | | addressing the unique challenges presented by cases | 21 | | involving victims or witnesses with autism and other | 22 | | developmental disabilities. The curriculum shall include | 23 | | training in the detection and investigation of all forms of | 24 | | human trafficking. The curriculum shall also include | 25 | | instruction in trauma-informed responses designed to | 26 | | ensure the physical safety and well-being of a child of an |
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| 1 | | arrested parent or immediate family member; this | 2 | | instruction must include, but is not limited to: (1) | 3 | | understanding the trauma experienced by the child while | 4 | | maintaining the integrity of the arrest and safety of | 5 | | officers, suspects, and other involved individuals; (2) | 6 | | de-escalation tactics that would include the use of force | 7 | | when reasonably necessary; and (3) inquiring whether a | 8 | | child will require supervision and care. The curriculum for
| 9 | | permanent police officers shall include, but not be limited | 10 | | to: (1) refresher
and in-service training in any of the | 11 | | courses listed above in this
subparagraph, (2) advanced | 12 | | courses in any of the subjects listed above in
this | 13 | | subparagraph, (3) training for supervisory personnel, and | 14 | | (4)
specialized training in subjects and fields to be | 15 | | selected by the board. The training in the use of | 16 | | electronic control devices shall be conducted for | 17 | | probationary police officers, including University police | 18 | | officers.
| 19 | | b. Minimum courses of study, attendance requirements | 20 | | and equipment
requirements.
| 21 | | c. Minimum requirements for instructors.
| 22 | | d. Minimum basic training requirements, which a | 23 | | probationary police
officer must satisfactorily complete | 24 | | before being eligible for permanent
employment as a local | 25 | | law enforcement officer for a participating local
| 26 | | governmental agency. Those requirements shall include |
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| 1 | | training in first aid
(including cardiopulmonary | 2 | | resuscitation).
| 3 | | e. Minimum basic training requirements, which a | 4 | | probationary county
corrections officer must | 5 | | satisfactorily complete before being eligible for
| 6 | | permanent employment as a county corrections officer for a | 7 | | participating
local governmental agency.
| 8 | | f. Minimum basic training requirements which a | 9 | | probationary court
security officer must satisfactorily | 10 | | complete before being eligible for
permanent employment as | 11 | | a court security officer for a participating local
| 12 | | governmental agency. The Board shall
establish those | 13 | | training requirements which it considers appropriate for | 14 | | court
security officers and shall certify schools to | 15 | | conduct that training.
| 16 | | A person hired to serve as a court security officer | 17 | | must obtain from the
Board a certificate (i) attesting to | 18 | | his or her successful completion of the
training course; | 19 | | (ii) attesting to his or her satisfactory
completion of a | 20 | | training program of similar content and number of hours | 21 | | that
has been found acceptable by the Board under the | 22 | | provisions of this Act; or
(iii) attesting to the Board's | 23 | | determination that the training
course is unnecessary | 24 | | because of the person's extensive prior law enforcement
| 25 | | experience.
| 26 | | Individuals who currently serve as court security |
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| 1 | | officers shall be deemed
qualified to continue to serve in | 2 | | that capacity so long as they are certified
as provided by | 3 | | this Act within 24 months of June 1, 1997 (the effective | 4 | | date of Public Act 89-685). Failure to be so certified, | 5 | | absent a waiver from the
Board, shall cause the officer to | 6 | | forfeit his or her position.
| 7 | | All individuals hired as court security officers on or | 8 | | after June 1, 1997 (the effective
date of Public Act | 9 | | 89-685) shall be certified within 12 months of the
date of | 10 | | their hire, unless a waiver has been obtained by the Board, | 11 | | or they
shall forfeit their positions.
| 12 | | The Sheriff's Merit Commission, if one exists, or the | 13 | | Sheriff's Office if
there is no Sheriff's Merit Commission, | 14 | | shall maintain a list of all
individuals who have filed | 15 | | applications to become court security officers and
who meet | 16 | | the eligibility requirements established under this Act. | 17 | | Either
the Sheriff's Merit Commission, or the Sheriff's | 18 | | Office if no Sheriff's Merit
Commission exists, shall | 19 | | establish a schedule of reasonable intervals for
| 20 | | verification of the applicants' qualifications under
this | 21 | | Act and as established by the Board.
| 22 | | g. Minimum in-service training requirements, which a | 23 | | police officer must satisfactorily complete every 3 years. | 24 | | Those requirements shall include constitutional and proper | 25 | | use of law enforcement authority, procedural justice, | 26 | | civil rights, human rights, mental health awareness and |
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| 1 | | response, officer wellness, reporting child abuse and | 2 | | neglect, 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 and prevention of positional asphyxiation , or | 8 | | similar training approved by the Board. | 9 | | (Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18; | 10 | | 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff. | 11 | | 1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215, | 12 | | eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19; | 13 | | 101-564, eff. 1-1-20; revised 9-10-19.)
| 14 | | Section 10. The Criminal Code of 2012 is amended by | 15 | | changing Section 7-5.5 as follows: | 16 | | (720 ILCS 5/7-5.5) | 17 | | Sec. 7-5.5. Prohibited use of force by a peace officer. | 18 | | (a) A peace officer shall not use a chokehold or prolonged | 19 | | restraint above the shoulders with risk of positional | 20 | | asphyxiation in the performance of his or her duties, unless | 21 | | deadly force is justified under this Article 7 of this Code . | 22 | | (b) A peace officer shall not use a chokehold, prolonged | 23 | | restraint above the shoulders with risk of positional | 24 | | asphyxiation, or any lesser contact with the throat or neck |
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| 1 | | area of another, in order to prevent the destruction of | 2 | | evidence by ingestion. | 3 | | (c)
As used in this Section, "chokehold" means applying any | 4 | | direct pressure to the throat, windpipe, or airway of another | 5 | | with the intent to reduce or prevent the intake of air. | 6 | | "Chokehold" does not include any holding involving contact with | 7 | | the neck that is not intended to reduce the intake of air. | 8 | | (d) As used in this Section, "prolonged restraint above the | 9 | | shoulders with risk of positional asphyxiation" means a | 10 | | continued use of a technique used to restrain a person above | 11 | | the shoulders, including the neck or head, in a position that | 12 | | interferes with the person's ability to breathe after the | 13 | | person no longer poses a threat to the officer or any other | 14 | | person.
| 15 | | (Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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