Full Text of HB1095 102nd General Assembly
HB1095eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois State Police Law of the
Civil | 5 | | Administrative Code of Illinois is amended by changing Section | 6 | | 2605-51 as follows:
| 7 | | (20 ILCS 2605/2605-51)
| 8 | | Sec. 2605-51. Division of the Academy and Training. | 9 | | (a) The Division of the Academy and Training shall | 10 | | exercise, but not be limited to, the following functions: | 11 | | (1) Oversee and operate the Illinois State Police | 12 | | Training Academy. | 13 | | (2) Train and prepare new officers for a career in law | 14 | | enforcement, with innovative, quality training and | 15 | | educational practices. | 16 | | (3) Offer continuing training and educational programs | 17 | | for Illinois State Police employees. | 18 | | (4) Oversee the Illinois State Police's recruitment | 19 | | initiatives. | 20 | | (5) Oversee and operate the Illinois State Police's | 21 | | quartermaster. | 22 | | (6) Duties assigned to the Illinois State Police in | 23 | | Article 5, Chapter 11 of the Illinois Vehicle Code |
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| 1 | | concerning testing and training officers on the detection | 2 | | of impaired driving. | 3 | | (7) Duties assigned to the Illinois State Police in | 4 | | Article 108B of the Code of Criminal Procedure. | 5 | | (b) The Division of the Academy and Training shall | 6 | | exercise the rights, powers, and duties vested in the former | 7 | | Division of State Troopers by Section 17 of the Illinois State | 8 | | Police Act. | 9 | | (c) Specialized training. | 10 | | (1) Training; cultural diversity. The Division of the | 11 | | Academy and Training shall provide training and continuing | 12 | | education to State police officers concerning cultural | 13 | | diversity, including sensitivity toward racial and ethnic | 14 | | differences. This training and continuing education shall | 15 | | include, but not be limited to, an emphasis on the fact | 16 | | that the primary purpose of enforcement of the Illinois | 17 | | Vehicle Code is safety and equal and uniform enforcement | 18 | | under the law. | 19 | | (2) Training; death and homicide investigations. The | 20 | | Division of the Academy and Training shall provide | 21 | | training in death and homicide investigation for State | 22 | | police officers. Only State police officers who | 23 | | successfully complete the training may be assigned as lead | 24 | | investigators in death and homicide investigations. | 25 | | Satisfactory completion of the training shall be evidenced | 26 | | by a certificate issued to the officer by the Division of |
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| 1 | | the Academy and Training. The Director shall develop a | 2 | | process for waiver applications for officers whose prior | 3 | | training and experience as homicide investigators may | 4 | | qualify them for a waiver. The Director may issue a | 5 | | waiver, at his or her discretion, based solely on the | 6 | | prior training and experience of an officer as a homicide | 7 | | investigator. | 8 | | (A) The Division shall require all homicide | 9 | | investigator training to include instruction on | 10 | | victim-centered, trauma-informed investigation. This | 11 | | training must be implemented by July 1, 2023. | 12 | | (B) The Division shall cooperate with the Division | 13 | | of Criminal Investigation to develop a model | 14 | | curriculum on victim-centered, trauma-informed | 15 | | investigation. This curriculum must be implemented by | 16 | | July 1, 2023. | 17 | | (3) Training; police dog training standards. All | 18 | | police dogs used by the Illinois State Police for drug | 19 | | enforcement purposes pursuant to the Cannabis Control Act, | 20 | | the Illinois Controlled Substances Act, and the | 21 | | Methamphetamine Control and Community Protection Act shall | 22 | | be trained by programs that meet the certification | 23 | | requirements set by the Director or the Director's | 24 | | designee. Satisfactory completion of the training shall be | 25 | | evidenced by a certificate issued by the Division of the | 26 | | Academy and Training. |
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| 1 | | (4) Training; post-traumatic stress disorder. The | 2 | | Division of the Academy and Training shall conduct or | 3 | | approve a training program in post-traumatic stress | 4 | | disorder for State police officers. The purpose of that | 5 | | training shall be to equip State police officers to | 6 | | identify the symptoms of post-traumatic stress disorder | 7 | | and to respond appropriately to individuals exhibiting | 8 | | those symptoms. | 9 | | (5) Training; opioid antagonists. The Division of the | 10 | | Academy and Training shall conduct or approve a training | 11 | | program for State police officers in the administration of | 12 | | opioid antagonists as defined in paragraph (1) of | 13 | | subsection (e) of Section 5-23 of the Substance Use | 14 | | Disorder Act that is in accordance with that Section. As | 15 | | used in this Section, "State police officers" includes | 16 | | full-time or part-time State police officers, | 17 | | investigators, and any other employee of the Illinois | 18 | | State Police exercising the powers of a peace officer. | 19 | | (6) Training; sexual assault and sexual abuse. | 20 | | (A) Every 3 years, the Division of the Academy and | 21 | | Training shall present in-service training on sexual | 22 | | assault and sexual abuse response and report writing | 23 | | training requirements, including, but not limited to, | 24 | | the following: | 25 | | (i) recognizing the symptoms of trauma; | 26 | | (ii) understanding the role trauma has played |
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| 1 | | in a victim's life; | 2 | | (iii) responding to the needs and concerns of | 3 | | a victim; | 4 | | (iv) delivering services in a compassionate, | 5 | | sensitive, and nonjudgmental manner; | 6 | | (v) interviewing techniques in accordance with | 7 | | the curriculum standards in this paragraph (6); | 8 | | (vi) understanding cultural perceptions and | 9 | | common myths of sexual assault and sexual abuse; | 10 | | and | 11 | | (vii) report writing techniques in accordance | 12 | | with the curriculum standards in this paragraph | 13 | | (6). | 14 | | (B) This training must also be presented in all | 15 | | full and part-time basic law enforcement academies. | 16 | | (C) Instructors providing this training shall have | 17 | | successfully completed training on evidence-based, | 18 | | trauma-informed, victim-centered responses to cases of | 19 | | sexual assault and sexual abuse and have experience | 20 | | responding to sexual assault and sexual abuse cases. | 21 | | (D) The Illinois State Police shall adopt rules, | 22 | | in consultation with the Office of the Attorney | 23 | | General and the Illinois Law Enforcement Training | 24 | | Standards Board, to determine the specific training | 25 | | requirements for these courses, including, but not | 26 | | limited to, the following: |
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| 1 | | (i) evidence-based curriculum standards for | 2 | | report writing and immediate response to sexual | 3 | | assault and sexual abuse, including | 4 | | trauma-informed, victim-centered interview | 5 | | techniques, which have been demonstrated to | 6 | | minimize retraumatization, for all State police | 7 | | officers; and | 8 | | (ii) evidence-based curriculum standards for | 9 | | trauma-informed, victim-centered investigation | 10 | | and interviewing techniques, which have been | 11 | | demonstrated to minimize retraumatization, for | 12 | | cases of sexual assault and sexual abuse for all | 13 | | State police officers who conduct sexual assault | 14 | | and sexual abuse investigations. | 15 | | (7) Training; human trafficking. The Division of the | 16 | | Academy and Training shall conduct or approve a training | 17 | | program in the detection and investigation of all forms of | 18 | | human trafficking, including, but not limited to, | 19 | | involuntary servitude under subsection (b) of Section 10-9 | 20 | | of the Criminal Code of 2012, involuntary sexual servitude | 21 | | of a minor under subsection (c) of Section 10-9 of the | 22 | | Criminal Code of 2012, and trafficking in persons under | 23 | | subsection (d) of Section 10-9 of the Criminal Code of | 24 | | 2012. This program shall be made available to all cadets | 25 | | and State police officers. | 26 | | (8) Training; hate crimes. The Division of the Academy |
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| 1 | | and Training shall provide training for State police | 2 | | officers in identifying, responding to, and reporting all | 3 | | hate crimes.
| 4 | | (Source: P.A. 102-538, eff. 8-20-21.)
| 5 | | Section 15. The Illinois Municipal Code is amended by | 6 | | adding Division 1.5 of Article 11 as follows: | 7 | | (65 ILCS 5/Art. 11 Div. 1.5 heading new) | 8 | | DIVISION 1.5. | 9 | | CO-RESPONDER PILOT PROGRAM | 10 | | (65 ILCS 5/11-1.5-5 new) | 11 | | Sec. 11-1.5-5. Definitions. As used in this Section: | 12 | | "Department" means the East St. Louis Police Department, | 13 | | the Peoria Police Department, the Springfield Police | 14 | | Department, or the Waukegan Police Department. | 15 | | "Station adjustment" has the meaning given to that term in | 16 | | Section 1-3 of the Juvenile Court Act of 1987. | 17 | | "Unit" means a co-responder unit created under this | 18 | | Division. | 19 | | (65 ILCS 5/11-1.5-10 new) | 20 | | Sec. 11-1.5-10. Establishment; responsibilities; focus. | 21 | | (a) Each department shall establish, subject to | 22 | | appropriation, a co-responder unit no later than 6 months |
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| 1 | | after the effective date of this amendatory Act of the 102nd | 2 | | General Assembly, including the hiring of personnel as | 3 | | provided in this Division. | 4 | | (b) Along with the duties described in Sections 11-1.5-15 | 5 | | and 11-1.5-20, the unit's social workers are responsible for | 6 | | conducting follow-up visits for victims who may benefit from | 7 | | mental or behavioral health services. The unit shall utilize | 8 | | community resources, including services provided through the | 9 | | Department of Human Services and social workers in juvenile | 10 | | and adult investigations, to connect individuals with | 11 | | appropriate services. | 12 | | (c) The unit's primary area of focus shall be victim | 13 | | assistance. | 14 | | (65 ILCS 5/11-1.5-15 new) | 15 | | Sec. 11-1.5-15. Duties. The duties of the unit include, | 16 | | but are not limited to: | 17 | | (1) Serving as a resource to a department's community | 18 | | to identify and coordinate the social services available | 19 | | to residents who are victims of criminal acts. | 20 | | (2) Networking with area social service agencies to | 21 | | develop a community-mutual resource system and wrap-around | 22 | | services (a team-based, collaborative case management | 23 | | approach) for victims in need of social service | 24 | | assistance; and fostering relationships with community | 25 | | organizations not limited to area hospitals, school |
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| 1 | | districts, juvenile justice system, and various community | 2 | | groups. | 3 | | (3) Employing social workers of the unit who shall: | 4 | | (A) Upon request, provide community presentations | 5 | | on an array of social service topics. | 6 | | (B) Assist individuals in diversion from the | 7 | | criminal justice system by addressing problems or | 8 | | concerns through therapeutic intervention. | 9 | | (C) Facilitate follow-up treatment or referral to | 10 | | the appropriate community resource organization. | 11 | | (D) When requested, assist department employees in | 12 | | securing services for those in need and provide | 13 | | educational information to help the employee better | 14 | | understand the circumstances or the community concern. | 15 | | (E) Meet with walk-ins requesting information or | 16 | | assistance. | 17 | | (F) Protect the interest, confidentiality, and | 18 | | civil rights of the client. | 19 | | (G) Train social work interns who may be working | 20 | | within the unit. | 21 | | (H) Be on-call after regular business hours, as | 22 | | needed. | 23 | | (L) Consult on all cases as needed by the | 24 | | department. | 25 | | (M) Perform other functions as provided in Section | 26 | | 11-1.5-20 or otherwise needed by a department. |
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| 1 | | (4) Employing social workers who shall work with | 2 | | victims of crimes as follows: | 3 | | (A) Review police reports to identify known | 4 | | victims and contact them to offer direct and referred | 5 | | services. | 6 | | (B) Assist victims with filing police reports and | 7 | | victim compensation forms. | 8 | | (C) Provide safety planning services to victims. | 9 | | (D) Provide crisis counseling services to victims | 10 | | and their families. | 11 | | (E) Conduct home visits with victims in | 12 | | conjunction with police backup, when needed. | 13 | | (F) Assist victims in obtaining orders of | 14 | | protection. A social worker, in the performance of his | 15 | | or her duties under this subparagraph, is an advocate, | 16 | | as that term is defined in Section 112A-3 of the Code | 17 | | of Criminal Procedure of 1963. | 18 | | (G) Facilitate court advocacy services for | 19 | | victims, including arranging for transportation to and | 20 | | from court. | 21 | | (H) Maintain confidential case files which include | 22 | | social history, diagnosis, formulation of treatment, | 23 | | and documentation of services. | 24 | | (I) Perform miscellaneous personal advocacy tasks | 25 | | for victims, as needed. | 26 | | (J) Oversee activities to ensure those victims |
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| 1 | | with the most urgent needs are given the highest | 2 | | priority for services. | 3 | | (K) Provide status updates on the progress of a | 4 | | victim's case. | 5 | | (5) Adhering to and understanding the applicable | 6 | | policies, procedures, and orders of a department. | 7 | | (6) Attaining department-established unit goals. | 8 | | (7) Maintaining a positive relationship with | 9 | | co-workers, as well as the investigators from area police | 10 | | departments and facilitating the exchange of information | 11 | | and resources pertaining to investigations. | 12 | | (8) Keeping informed on crime trends within the City. | 13 | | (9) Remaining obedient and responsive to all verbal | 14 | | and written orders issued by superiors. | 15 | | (10) Completing police reports and other required | 16 | | documentation. | 17 | | (11) Performing such other duties as may be required | 18 | | by State law, city ordinance, and department policy or as | 19 | | may be assigned by a sworn supervisor. | 20 | | (65 ILCS 5/11-1.5-20 new) | 21 | | Sec. 11-1.5-20. Social workers. | 22 | | (a) Unit social workers may be referred to as victim | 23 | | service specialists. Social workers are responsible for | 24 | | working as a team to provide trauma-informed crisis | 25 | | intervention, case management, advocacy, and ongoing emotional |
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| 1 | | support to the victims of all crimes, with extra attention to | 2 | | crimes that cause a high level of victim trauma. | 3 | | (b) Unit social workers involved in a case under adult | 4 | | investigations may perform the following responsibilities: | 5 | | (1) Working with domestic violence investigators. | 6 | | (2) Assisting victims with finding safe housing, | 7 | | transportation, and legal assistance. | 8 | | (3) Providing other needed resources for the victims | 9 | | and their families, including working with children who | 10 | | witness or experience domestic violence. | 11 | | (4) Assisting victims and their children in setting up | 12 | | counseling. | 13 | | (5) Helping reduce victims' chances of reentry into | 14 | | violent situations. | 15 | | (c) Unit social workers involved in a case under juvenile | 16 | | investigations may perform the following responsibilities: | 17 | | (1) Working with families that have habitual runaways | 18 | | and determining why the juveniles keep running away. | 19 | | (2) Providing services to families where there have | 20 | | been domestic disturbances between the juveniles and their | 21 | | parents. | 22 | | (3) Providing resources for parents to help their | 23 | | children who are struggling in school or need | 24 | | transportation to school. | 25 | | (4) Providing guidance and advice to the families of a | 26 | | juvenile who has been arrested and what the next steps and |
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| 1 | | options are in the process. | 2 | | (5) Assisting a juvenile with station adjustments and | 3 | | creating a station adjustment program in a department. | 4 | | (6) Providing services to juvenile victims and | 5 | | families where the Department of Children and Family | 6 | | Services either did not get involved or did not provide | 7 | | services. | 8 | | (7) Assisting with overcoming feuds between groups of | 9 | | juveniles. | 10 | | (8) Assisting in instances where the families are not | 11 | | cooperative with police. | 12 | | (9) Discussing with families and juveniles options and | 13 | | solutions to prevent future arrest. | 14 | | (10) Maintaining a list of families in need that the | 15 | | unit or department have had contact with for department or | 16 | | city special events. | 17 | | (11) Helping facilitate or assist a department in | 18 | | community-oriented events, such as setting up an event | 19 | | where officers or unit personnel read books with younger | 20 | | children, talking about cyber crimes and social media, or | 21 | | having an officer or unit personnel visit a school for | 22 | | other activities. | 23 | | (12) Helping reduce juvenile recidivism. | 24 | | (65 ILCS 5/11-1.5-25 new) | 25 | | Sec. 11-1.5-25. Training. All unit employees shall be |
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| 1 | | trained in crisis intervention and integrating communications, | 2 | | assessment and tactics. Integrating communications, | 3 | | assessment, and tactics training shall be designed for | 4 | | situations involving persons who are unarmed or are armed with | 5 | | weapons and who may be experiencing a mental health or other | 6 | | crisis. The training shall incorporate different skill sets | 7 | | into a unified training approach that emphasizes | 8 | | scenario-based exercises, as well as lecture and case study | 9 | | opportunities. | 10 | | (65 ILCS 5/11-1.5-99 new) | 11 | | Sec. 11-1.5-99. Repeal. This Division is repealed January | 12 | | 1, 2029. | 13 | | Section 20. The Gang Crime
Witness
Protection Act of 2013 | 14 | | is amended by changing Sections 1, 5, 10, 15, and 20 as | 15 | | follows: | 16 | | (725 ILCS 173/1)
| 17 | | Sec. 1. Short title. This Act may be cited as the Violent | 18 | | Crime Victim and Gang Crime
Witness
Protection Act of 2013 .
| 19 | | (Source: P.A. 98-58, eff. 7-8-13.) | 20 | | (725 ILCS 173/5)
| 21 | | Sec. 5. Definition. As used in this Act, "violent crime" | 22 | | has the meaning ascribed to it in Section 3 of the Rights of |
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| 1 | | Crime Victims and Witnesses Act. "gang crime" means any
| 2 | | criminal offense committed by a member of a "gang" as that term | 3 | | is defined in
Section 10 of the Illinois Streetgang Terrorism | 4 | | Omnibus Prevention Act when
the offense is in furtherance of | 5 | | any activity, enterprise, pursuit, or
undertaking of a gang.
| 6 | | (Source: P.A. 98-58, eff. 7-8-13.) | 7 | | (725 ILCS 173/10)
| 8 | | Sec. 10. Program. Subject to appropriation, the Illinois | 9 | | Criminal Justice Information Authority shall establish
and | 10 | | administer a program to assist victims and witnesses of | 11 | | violent crimes who are actively
aiding in the prosecution of | 12 | | perpetrators of gang crime, and appropriate
related persons. | 13 | | Financial assistance may be provided, upon application by a
| 14 | | State's Attorney or the Attorney General, or a chief executive | 15 | | of a police
agency with the approval from the State's
Attorney | 16 | | or Attorney General,
investigating or prosecuting a violent | 17 | | gang
crime occurring under the State's Attorney's or Attorney | 18 | | General's respective
jurisdiction, from funds deposited in the | 19 | | Violent Crime Victim and Gang Crime Witness Protection Program | 20 | | Fund
and appropriated from that Fund for the purposes of this | 21 | | Act. The State's Attorney or the Attorney General, or a chief | 22 | | executive of a police agency with the approval from the | 23 | | State's Attorney or Attorney General, may use an individual's | 24 | | willingness to actively aid in the prosecution of the violent | 25 | | crime as a factor in determining if the individual may be |
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| 1 | | provided assistance. A person who is otherwise eligible for | 2 | | services and assistance under this Act shall not be denied | 3 | | assistance and services under this Act on the basis of the | 4 | | person's lack of federal authorization to be present in the | 5 | | United States.
| 6 | | (Source: P.A. 98-58, eff. 7-8-13.) | 7 | | (725 ILCS 173/15)
| 8 | | Sec. 15. Funding. The Illinois Criminal Justice | 9 | | Information Authority, in consultation with
the Attorney | 10 | | General, shall adopt rules for the implementation of the | 11 | | Violent Crime Victim and Gang
Crime Witness Protection | 12 | | Program. Assistance shall be subject to the following
| 13 | | limitations:
| 14 | | (a) Funds shall be limited to payment of the | 15 | | following:
| 16 | | (1) temporary living costs;
| 17 | | (2) moving expenses;
| 18 | | (3) rent;
| 19 | | (4) security deposits; and
| 20 | | (5) other appropriate expenses of relocation or | 21 | | transition;
| 22 | | (b) Approval of applications made by State's Attorneys | 23 | | shall be
conditioned upon county funding for costs at a | 24 | | level of at least 25%, unless
this requirement is waived | 25 | | by the administrator, in accordance with adopted
rules, |
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| 1 | | for good cause shown;
| 2 | | (c) Counties providing assistance consistent with the | 3 | | limitations in this
Act may apply for reimbursement of up | 4 | | to 75% of their costs;
| 5 | | (d) No more than 50% of funding available in any given | 6 | | fiscal year may be
used for costs associated with any | 7 | | single county; and
| 8 | | (e) Before the Illinois Criminal Justice Information | 9 | | Authority distributes moneys from the Violent Crime Victim | 10 | | and Gang Crime Witness Protection Program Fund as provided | 11 | | in this Section, it shall retain 2% of those moneys for | 12 | | administrative purposes.
| 13 | | (Source: P.A. 98-58, eff. 7-8-13; 99-78, eff. 7-20-15.) | 14 | | (725 ILCS 173/20)
| 15 | | Sec. 20. Violent Crime Victim and Gang Crime Witness | 16 | | Protection Program Fund. There is created in the
State | 17 | | Treasury the Violent Crime Victim and Gang Crime Witness | 18 | | Protection Program Fund into which shall be
deposited | 19 | | appropriated funds, grants, or other funds made available to | 20 | | the
Illinois Criminal Justice Information Authority to assist | 21 | | State's Attorneys and the Attorney General
in protecting | 22 | | victims and witnesses of violent crime who are aiding in the | 23 | | prosecution of
perpetrators of gang crime, and appropriate | 24 | | related persons.
| 25 | | (Source: P.A. 98-58, eff. 7-8-13; 99-576, eff. 7-15-16.) |
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| 1 | | Section 25. The State Finance Act is amended by changing | 2 | | Section 5.833 as follows: | 3 | | (30 ILCS 105/5.833) | 4 | | Sec. 5.833. The Violent Crime Victim and Gang Crime | 5 | | Witness Protection Program Fund. | 6 | | (Source: P.A. 98-58, eff. 7-8-13; 98-756, eff. 7-16-14.) |
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