Illinois General Assembly - Full Text of HB4736
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Full Text of HB4736  102nd General Assembly


Sen. Robert Peters

Filed: 4/7/2022





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2    AMENDMENT NO. ______. Amend House Bill 4736 by replacing
3everything after the enacting clause with the following:
"Article 1.

5    Section 1-1. Short title. This Article may be cited as the
6Crime Reduction Task Force Act. References in this Article to
7"this Act" mean this Article.
8    Section 1-5. Crime Reduction Task Force; creation;
9purpose. The Crime Reduction Task Force is created. The
10purpose of the Task Force is to develop and propose policies
11and procedures to reduce crime in the State of Illinois.
12    Section 1-10. Task Force members.
13    (a) The Crime Reduction Task Force shall be composed of
14the following members:



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1        (1) two State Senators, appointed by the President of
2    the Senate;
3        (2) two State Representatives, appointed by the
4    Speaker of the House of Representatives;
5        (3) two State Senators, appointed by the Minority
6    Leader of the Senate;
7        (4) two State Representatives, appointed by the
8    Minority Leader of the House of Representatives;
9        (5) the Director of the Illinois State Police, or his
10    or her designee;
11        (6) the Attorney General, or his or her designee;
12        (7) a retired judge, appointed by the Governor;
13        (8) a representative of a statewide association
14    representing State's Attorneys, appointed by the Governor;
15        (9) a representative of a statewide association
16    representing public defenders, appointed by the Governor;
17        (10) the executive director of a statewide association
18    representing county sheriffs or his or her designee,
19    appointed by the Governor;
20        (11) the executive director of a statewide association
21    representing chiefs of police, appointed by the Governor;
22        (12) a representative of a statewide organization
23    protecting civil liberties, appointed by the Governor;
24        (13) two justice-involved members of the public,
25    appointed by the Governor;
26        (14) four justice-involved members of the public,



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1    appointed one each by the President of the Senate, Speaker
2    of the House of Representatives, Minority Leader of the
3    Senate, and Minority Leader of the House of
4    Representatives;
5        (15) one member representing a statewide organization
6    of municipalities as authorized by Section 1-8-1 of the
7    Illinois Municipal Code, appointed by the Governor;
8        (16) a representative of an organization supporting
9    crime survivors, appointed by the Governor;
10        (17) a representative of an organization supporting
11    domestic violence survivors, appointed by the Governor;
12        (18) the Executive Director of the Sentencing Policy
13    Advisory Council, or his or her designee; and
14        (19) one active law enforcement officer, appointed by
15    the Governor.
16    As used in this Act, "justice-involved" means having had
17interactions with the criminal justice system as a defendant,
18victim, or witness or immediate family member of a defendant,
19victim, or witness.
20    (b) The President of the Senate and the Speaker of the
21House shall appoint co-chairpersons for the Task Force. The
22Task Force shall have all appointments made within 30 days of
23the effective date of this Act.
24    (c) The Illinois Criminal Justice Information Authority
25shall provide administrative and technical support to the Task
26Force and be responsible for administering its operations and



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1ensuring that the requirements of the Task Force are met. The
2members of the Task Force shall serve without compensation.
3    Section 1-15. Meetings; report.
4    (a) The Task Force shall meet at least 4 times with the
5first meeting occurring within 60 days after the effective
6date of this Act.
7    (b) The Task Force shall review available research and
8best practices and take expert and witness testimony.
9    (c) The Task Force shall produce and submit a report
10detailing the Task Force's findings, recommendations, and
11needed resources to the General Assembly and the Governor on
12or before March 1, 2023.
13    Section 1-20. Repeal. This Act is repealed on March 1,
Article 2.

16    Section 2-85. The Illinois State Police Law of the Civil
17Administrative Code of Illinois is amended by changing Section
182605-51 as follows:
19    (20 ILCS 2605/2605-51)
20    Sec. 2605-51. Division of the Academy and Training.
21    (a) The Division of the Academy and Training shall



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1exercise, but not be limited to, the following functions:
2        (1) Oversee and operate the Illinois State Police
3    Training Academy.
4        (2) Train and prepare new officers for a career in law
5    enforcement, with innovative, quality training and
6    educational practices.
7        (3) Offer continuing training and educational programs
8    for Illinois State Police employees.
9        (4) Oversee the Illinois State Police's recruitment
10    initiatives.
11        (5) Oversee and operate the Illinois State Police's
12    quartermaster.
13        (6) Duties assigned to the Illinois State Police in
14    Article 5, Chapter 11 of the Illinois Vehicle Code
15    concerning testing and training officers on the detection
16    of impaired driving.
17        (7) Duties assigned to the Illinois State Police in
18    Article 108B of the Code of Criminal Procedure.
19    (b) The Division of the Academy and Training shall
20exercise the rights, powers, and duties vested in the former
21Division of State Troopers by Section 17 of the Illinois State
22Police Act.
23    (c) Specialized training.
24        (1) Training; cultural diversity. The Division of the
25    Academy and Training shall provide training and continuing
26    education to State police officers concerning cultural



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1    diversity, including sensitivity toward racial and ethnic
2    differences. This training and continuing education shall
3    include, but not be limited to, an emphasis on the fact
4    that the primary purpose of enforcement of the Illinois
5    Vehicle Code is safety and equal and uniform enforcement
6    under the law.
7        (2) Training; death and homicide investigations. The
8    Division of the Academy and Training shall provide
9    training in death and homicide investigation for State
10    police officers. Only State police officers who
11    successfully complete the training may be assigned as lead
12    investigators in death and homicide investigations.
13    Satisfactory completion of the training shall be evidenced
14    by a certificate issued to the officer by the Division of
15    the Academy and Training. The Director shall develop a
16    process for waiver applications for officers whose prior
17    training and experience as homicide investigators may
18    qualify them for a waiver. The Director may issue a
19    waiver, at his or her discretion, based solely on the
20    prior training and experience of an officer as a homicide
21    investigator.
22            (A) The Division shall require all homicide
23        investigator training to include instruction on
24        victim-centered, trauma-informed investigation. This
25        training must be implemented by July 1, 2023.
26            (B) The Division shall cooperate with the Division



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1        of Criminal Investigation to develop a model
2        curriculum on victim-centered, trauma-informed
3        investigation. This curriculum must be implemented by
4        July 1, 2023.
5        (3) Training; police dog training standards. All
6    police dogs used by the Illinois State Police for drug
7    enforcement purposes pursuant to the Cannabis Control Act,
8    the Illinois Controlled Substances Act, and the
9    Methamphetamine Control and Community Protection Act shall
10    be trained by programs that meet the certification
11    requirements set by the Director or the Director's
12    designee. Satisfactory completion of the training shall be
13    evidenced by a certificate issued by the Division of the
14    Academy and Training.
15        (4) Training; post-traumatic stress disorder. The
16    Division of the Academy and Training shall conduct or
17    approve a training program in post-traumatic stress
18    disorder for State police officers. The purpose of that
19    training shall be to equip State police officers to
20    identify the symptoms of post-traumatic stress disorder
21    and to respond appropriately to individuals exhibiting
22    those symptoms.
23        (5) Training; opioid antagonists. The Division of the
24    Academy and Training shall conduct or approve a training
25    program for State police officers in the administration of
26    opioid antagonists as defined in paragraph (1) of



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1    subsection (e) of Section 5-23 of the Substance Use
2    Disorder Act that is in accordance with that Section. As
3    used in this Section, "State police officers" includes
4    full-time or part-time State police officers,
5    investigators, and any other employee of the Illinois
6    State Police exercising the powers of a peace officer.
7        (6) Training; sexual assault and sexual abuse.
8            (A) Every 3 years, the Division of the Academy and
9        Training shall present in-service training on sexual
10        assault and sexual abuse response and report writing
11        training requirements, including, but not limited to,
12        the following:
13                (i) recognizing the symptoms of trauma;
14                (ii) understanding the role trauma has played
15            in a victim's life;
16                (iii) responding to the needs and concerns of
17            a victim;
18                (iv) delivering services in a compassionate,
19            sensitive, and nonjudgmental manner;
20                (v) interviewing techniques in accordance with
21            the curriculum standards in this paragraph (6);
22                (vi) understanding cultural perceptions and
23            common myths of sexual assault and sexual abuse;
24            and
25                (vii) report writing techniques in accordance
26            with the curriculum standards in this paragraph



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1            (6).
2            (B) This training must also be presented in all
3        full and part-time basic law enforcement academies.
4            (C) Instructors providing this training shall have
5        successfully completed training on evidence-based,
6        trauma-informed, victim-centered responses to cases of
7        sexual assault and sexual abuse and have experience
8        responding to sexual assault and sexual abuse cases.
9            (D) The Illinois State Police shall adopt rules,
10        in consultation with the Office of the Attorney
11        General and the Illinois Law Enforcement Training
12        Standards Board, to determine the specific training
13        requirements for these courses, including, but not
14        limited to, the following:
15                (i) evidence-based curriculum standards for
16            report writing and immediate response to sexual
17            assault and sexual abuse, including
18            trauma-informed, victim-centered interview
19            techniques, which have been demonstrated to
20            minimize retraumatization, for all State police
21            officers; and
22                (ii) evidence-based curriculum standards for
23            trauma-informed, victim-centered investigation
24            and interviewing techniques, which have been
25            demonstrated to minimize retraumatization, for
26            cases of sexual assault and sexual abuse for all



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1            State police officers who conduct sexual assault
2            and sexual abuse investigations.
3        (7) Training; human trafficking. The Division of the
4    Academy and Training shall conduct or approve a training
5    program in the detection and investigation of all forms of
6    human trafficking, including, but not limited to,
7    involuntary servitude under subsection (b) of Section 10-9
8    of the Criminal Code of 2012, involuntary sexual servitude
9    of a minor under subsection (c) of Section 10-9 of the
10    Criminal Code of 2012, and trafficking in persons under
11    subsection (d) of Section 10-9 of the Criminal Code of
12    2012. This program shall be made available to all cadets
13    and State police officers.
14        (8) Training; hate crimes. The Division of the Academy
15    and Training shall provide training for State police
16    officers in identifying, responding to, and reporting all
17    hate crimes.
18(Source: P.A. 102-538, eff. 8-20-21.)
19    Section 2-90. The Illinois Criminal Justice Information
20Act is amended by adding Section 7.10 as follows:
21    (20 ILCS 3930/7.10 new)
22    Sec. 7.10. Grant program. Subject to appropriation, the
23Illinois Criminal Justice Information Authority shall
24establish a grant program for organizations and units of local



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1government for the purposes of providing a tip hotline or
2other system for crime victims and witnesses that:
3        (1) allows the callers or participants to remain
4    anonymous; and
5        (2) provides cash rewards for tips that lead to
6    arrest.
7    Section 2-93. The Illinois Municipal Code is amended by
8adding Division 1.5 of Article 11 as follows:
9    (65 ILCS 5/Art. 11 Div. 1.5 heading new)

12    (65 ILCS 5/11-1.5-5 new)
13    Sec. 11-1.5-5. Definitions. As used in this Section:
14    "Department" means the East St. Louis Police Department,
15the Peoria Police Department, the Springfield Police
16Department, or the Waukegan Police Department.
17    "Social Worker" means a licensed clinical social worker or
18licensed social worker, as those terms are defined in the
19Clinical Social Work and Social Work Practice Act.
20    "Station adjustment" has the meaning given to that term in
21Section 1-3 of the Juvenile Court Act of 1987.
22    "Unit" means a co-responder unit created under this



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1    (65 ILCS 5/11-1.5-10 new)
2    Sec. 11-1.5-10. Establishment; responsibilities; focus.
3    (a) Each department shall establish, subject to
4appropriation, a co-responder unit no later than 6 months
5after the effective date of this amendatory Act of the 102nd
6General Assembly, including the hiring of personnel as
7provided in this Division.
8    (b) Along with the duties described in Sections 11-1.5-15
9and 11-1.5-20, the unit's social workers are responsible for
10conducting follow-up visits for victims who may benefit from
11mental or behavioral health services. The unit shall utilize
12community resources, including services provided through the
13Department of Human Services and social workers in juvenile
14and adult investigations, to connect individuals with
15appropriate services.
16    (c) The unit's primary area of focus shall be victim
18    (65 ILCS 5/11-1.5-15 new)
19    Sec. 11-1.5-15. Duties. The duties of the unit include,
20but are not limited to:
21        (1) Serving as a resource to a department's community
22    to identify and coordinate the social services available
23    to residents who are victims of criminal acts.
24        (2) Networking with area social service agencies to



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1    develop a community-mutual resource system and wrap-around
2    services (a team-based, collaborative case management
3    approach) for victims in need of social service
4    assistance; and fostering relationships with community
5    organizations not limited to area hospitals, school
6    districts, juvenile justice system, and various community
7    groups.
8        (3) Employing social workers of the unit who shall:
9            (A) Upon request, provide community presentations
10        on an array of social service topics.
11            (B) Assist individuals in diversion from the
12        criminal justice system by addressing problems or
13        concerns through therapeutic intervention.
14            (C) Facilitate follow-up treatment or referral to
15        the appropriate community resource organization.
16            (D) When requested, assist department employees in
17        securing services for those in need and provide
18        educational information to help the employee better
19        understand the circumstances or the community concern.
20            (E) Meet with walk-ins requesting information or
21        assistance.
22            (F) Protect the interest, confidentiality, and
23        civil rights of the client.
24            (G) Train social work interns who may be working
25        within the unit.
26            (H) Be on-call after regular business hours, as



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1        needed.
2            (I) Inform clients, prior to providing services
3        under this Division, what communications are
4        confidential pursuant to applicable provisions of
5        State or federal law, rule, or regulation and what may
6        be shared with the social worker's employer.
7            (J) Consult on all cases as needed by the
8        department.
9            (K) Perform other functions as provided in Section
10        11-1.5-20 or otherwise needed by a department.
11        (4) Employing social workers who shall work with
12    victims of crimes as follows:
13            (A) Review police reports to identify known
14        victims and contact them to offer direct and referred
15        services.
16            (B) Assist victims with filing police reports and
17        victim compensation forms.
18            (C) Provide safety planning services to victims.
19            (D) Provide crisis counseling services to victims
20        and their families.
21            (E) Conduct home visits with victims in
22        conjunction with police backup, when needed.
23            (F) Assist victims in obtaining orders of
24        protection. A social worker, in the performance of his
25        or her duties under this subparagraph, is an advocate,
26        as that term is defined in Section 112A-3 of the Code



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1        of Criminal Procedure of 1963.
2            (G) Facilitate court advocacy services for
3        victims, including arranging for transportation to and
4        from court.
5            (H) Maintain confidential case files which include
6        social history, diagnosis, formulation of treatment,
7        and documentation of services.
8            (I) Perform miscellaneous personal advocacy tasks
9        for victims, as needed.
10            (J) Oversee activities to ensure those victims
11        with the most urgent needs are given the highest
12        priority for services.
13            (K) Provide status updates on the progress of a
14        victim's case.
15        (5) Adhering to and understanding the applicable
16    policies, procedures, and orders of a department.
17        (6) Attaining department-established unit goals.
18        (7) Maintaining a positive relationship with
19    co-workers, as well as the investigators from area police
20    departments and facilitating the exchange of information
21    and resources pertaining to investigations that would not
22    violate confidentiality as protected pursuant to
23    applicable provisions of State or federal law, rule, or
24    regulation.
25        (8) Keeping informed on crime trends within the City.
26        (9) Remaining obedient and responsive to all lawful



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1    verbal and written orders issued by superiors.
2        (10) Completing police reports and other required
3    documentation.
4        (11) Performing such other duties as may be required
5    by State law, city ordinance, and department policy or as
6    may be assigned by a sworn supervisor.
7    (65 ILCS 5/11-1.5-20 new)
8    Sec. 11-1.5-20. Social workers.
9    (a) Unit social workers may be referred to as victim
10service specialists. Social workers are responsible for
11working as a team to provide trauma-informed crisis
12intervention, case management, advocacy, and ongoing emotional
13support to the victims of all crimes, with extra attention to
14crimes that cause a high level of victim trauma.
15    (b) Unit social workers involved in a case under adult
16investigations may perform the following responsibilities:
17        (1) Working with domestic violence investigators.
18        (2) Assisting victims with finding safe housing,
19    transportation, and legal assistance.
20        (3) Providing other needed resources for victims and
21    their families, including working with children who
22    witness or experience domestic violence.
23        (4) Assisting victims and their children in setting up
24    counseling.
25        (5) Helping reduce victims' chances of reentry into



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1    violent situations.
2    (c) Unit social workers involved in a case under juvenile
3investigations may perform the following responsibilities:
4        (1) Working with families that have habitual runaways
5    and determining why the juveniles keep running away.
6        (2) Providing services to families where there have
7    been domestic disturbances between the juveniles and their
8    parents.
9        (3) Providing resources for parents to help their
10    children who are struggling in school or need
11    transportation to school.
12        (4) Providing guidance and advice to the families of a
13    juvenile who has been arrested and what the next steps and
14    options are in the process.
15        (5) Assisting a juvenile with station adjustments and
16    creating a station adjustment program in a department.
17        (6) Providing services to juvenile victims and
18    families where the Department of Children and Family
19    Services either did not get involved or did not provide
20    services.
21        (7) Assisting with overcoming feuds between groups of
22    juveniles.
23        (8) Assisting in instances where the families are not
24    cooperative with police.
25        (9) Discussing with families and juveniles options and
26    solutions to prevent future arrest.



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1        (10) Maintaining a list of families in need that the
2    unit or department have had contact with for department or
3    city special events.
4        (11) Helping facilitate or assist a department in
5    community-oriented events, such as setting up an event
6    where officers or unit personnel read books with younger
7    children, talking about cyber crimes and social media, or
8    having an officer or unit personnel visit a school for
9    other activities.
10        (12) Helping reduce juvenile recidivism.
11    (65 ILCS 5/11-1.5-25 new)
12    Sec. 11-1.5-25. Training. All unit employees shall be
13trained in crisis intervention and integrating communications,
14assessment and tactics. Integrating communications,
15assessment, and tactics training shall be designed for
16situations involving persons who are unarmed or are armed with
17weapons and who may be experiencing a mental health or other
18crisis. The training shall incorporate different skill sets
19into a unified training approach that emphasizes
20scenario-based exercises, as well as lecture and case study
22    (65 ILCS 5/11-1.5-30 new)
23    Sec. 11-1.5-30. Privileged or confidential communications.
24Nothing contained in this Division shall be construed to



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1impair or limit the confidentiality of communications
2otherwise protected by law as privileged or confidential,
3including, but not limited to, information communicated in
4confidence to a social worker or social work intern who works
5under the direct supervision of a social worker. No social
6worker shall be subjected to adverse employment action, the
7threat of adverse employment action, or any manner of
8discrimination because the employee is acting or has acted to
9protect communications as privileged or confidential pursuant
10to applicable provisions of State or federal law, rule, or
12    (65 ILCS 5/11-1.5-99 new)
13    Sec. 11-1.5-99. Repeal. This Division is repealed January
141, 2029.
15    Section 2-95. The Gang Crime Witness Protection Act of
162013 is amended by changing Sections 1, 5, 10, 15, 20, and 25
17as follows:
18    (725 ILCS 173/1)
19    Sec. 1. Short title. This Act may be cited as the Violent
20Gang Crime Witness Protection Act of 2013.
21(Source: P.A. 98-58, eff. 7-8-13.)
22    (725 ILCS 173/5)



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1    Sec. 5. Definition. As used in this Act, "violent crime"
2means a violent crime as that term is defined in Section 3 of
3the Rights of Crime Victims and Witnesses Act "gang crime"
4means any criminal offense committed by a member of a "gang" as
5that term is defined in Section 10 of the Illinois Streetgang
6Terrorism Omnibus Prevention Act when the offense is in
7furtherance of any activity, enterprise, pursuit, or
8undertaking of a gang.
9(Source: P.A. 98-58, eff. 7-8-13.)
10    (725 ILCS 173/10)
11    Sec. 10. Financial Assistance Program. No later than
12January 1, 2023 Subject to appropriation, the Illinois
13Criminal Justice Information Authority, in consultation with
14the Office of the Attorney General, shall establish and
15administer a program to assist victims and witnesses who are
16actively aiding in the prosecution of perpetrators of violent
17gang crime, and appropriate related persons or victims and
18witnesses determined by the Authority to be at risk of a
19discernible threat of violent crime. The program shall be
20administered by the Illinois Criminal Justice Information
21Authority. The program shall offer, among other things,
22financial Financial assistance, including financial assistance
23on an emergency basis, that may be provided, upon application
24by a State's Attorney or the Attorney General, or a chief
25executive of a police agency with the approval from the



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1State's Attorney or Attorney General, investigating or
2prosecuting a gang crime occurring under the State's
3Attorney's or Attorney General's respective jurisdiction, from
4funds deposited in the Violent Gang Crime Witness Protection
5Program Fund and appropriated from that Fund for the purposes
6of this Act.
7(Source: P.A. 98-58, eff. 7-8-13.)
8    (725 ILCS 173/15)
9    Sec. 15. Funding. The Illinois Criminal Justice
10Information Authority, in consultation with the Office of the
11Attorney General, shall adopt rules for the implementation of
12the Violent Gang Crime Witness Protection Program. Assistance
13shall be subject to the following limitations:
14        (a) Funds shall be limited to payment of the
15    following:
16            (1) emergency or temporary living costs;
17            (2) moving expenses;
18            (3) rent;
19            (3.5) utilities;
20            (4) security deposits for rent and utilities; and
21            (5) other appropriate expenses of relocation or
22        transition;
23            (6) mental health treatment; and
24            (7) lost wage assistance.
25        (b) Approval of applications made by State's Attorneys



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1    shall be conditioned upon county funding for costs at a
2    level of at least 25%, unless this requirement is waived
3    by the administrator, in accordance with adopted rules,
4    for good cause shown. ;
5        (c) Counties providing assistance consistent with the
6    limitations in this Act may apply for reimbursement of up
7    to 75% of their costs. ;
8        (d) No more than 50% of funding available in any given
9    fiscal year may be used for costs associated with any
10    single county. ; and
11        (e) Before the Illinois Criminal Justice Information
12    Authority distributes moneys from the Violent Gang Crime
13    Witness Protection Program Fund as provided in this
14    Section, it shall retain 5% 2% of those moneys for
15    administrative purposes.
16        (f) Direct reimbursement is allowed in whole or in
17    part.
18        (g) Implementation of the Violent Crime Witness
19    Protection Program is contingent upon and subject to there
20    being made sufficient appropriations for implementation of
21    that program.
22(Source: P.A. 98-58, eff. 7-8-13; 99-78, eff. 7-20-15.)
23    (725 ILCS 173/20)
24    Sec. 20. Violent Gang Crime Witness Protection Program
25Fund. There is created in the State treasury Treasury the



10200HB4736sam003- 23 -LRB102 24374 AWJ 38914 a

1Violent Gang Crime Witness Protection Program Fund into which
2shall be deposited appropriated funds, grants, or other funds
3made available to the Illinois Criminal Justice Information
4Authority to assist State's Attorneys and the Attorney General
5in protecting victims and witnesses who are aiding in the
6prosecution of perpetrators of violent gang crime, and
7appropriate related persons or victims and witnesses
8determined by the Authority to be at risk of a discernible
9threat of violent crime.
10(Source: P.A. 98-58, eff. 7-8-13; 99-576, eff. 7-15-16.)
11    (725 ILCS 173/25)
12    Sec. 25. Beginning of operation. Subject to appropriation,
13the The program created by this Act shall begin operation on
14January 1, 2023 July 1, 2013.
15(Source: P.A. 98-58, eff. 7-8-13.)
16    Section 2-100. The State Finance Act is amended by
17changing Section 5.833 as follows:
18    (30 ILCS 105/5.833)
19    Sec. 5.833. The Violent Gang Crime Witness Protection
20Program Fund.
21(Source: P.A. 98-58, eff. 7-8-13; 98-756, eff. 7-16-14.)
Article 99.




10200HB4736sam003- 24 -LRB102 24374 AWJ 38914 a

1    Section 99-99. Effective date. This Act takes effect upon
2becoming law.".