Bill Text: IL HB0375 | 2017-2018 | 100th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Police Training Act. Provides that beginning January 1, 2018, all probationary officers employed by law enforcement agencies located in counties of more than 3,000,000 inhabitants, including probationary part-time officers and university police officers, shall be required to complete Crisis Intervention Team (CIT) training as part of initial minimum basic training requirements. All permanent police officers, part-time officers, and university officers must complete at least one Crisis Intervention Team (CIT) training program prior to January 1, 2019. Provides that CIT training includes situations involving domestic violence. Provides that the Illinois Law Enforcement Training Standards Board may partner with local mental health organizations and providers in developing and assisting with crisis intervention programming. Amends the Code of Criminal Procedure of 1963. Provides that in counties of more than 3,000,000 inhabitants, $25 of bail moneys retained by the circuit court clerk shall be deposited in the Crisis Intervention Team Training Fund, a special fund in the county treasury, to be used solely for paying for the costs of crisis intervention training for probationary police officers employed by law enforcement agencies located in a county with more than 3,000,000 inhabitants.

Spectrum: Strong Partisan Bill (Democrat 45-4)

Status: (Passed) 2017-08-22 - Public Act . . . . . . . . . 100-0247 [HB0375 Detail]

Download: Illinois-2017-HB0375-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0375

Introduced , by Rep. Laura Fine

SYNOPSIS AS INTRODUCED:
50 ILCS 705/7 from Ch. 85, par. 507
50 ILCS 705/10.17
725 ILCS 5/110-7 from Ch. 38, par. 110-7

Amends the Illinois Police Training Act. Provides that beginning January 1, 2018, all probationary officers employed by law enforcement agencies located in counties of more than 3,000,000 inhabitants, including probationary part-time officers and university police officers, shall be required to complete Crisis Intervention Team (CIT) training as part of initial minimum basic training requirements. All permanent police officers, part-time officers, and university officers must complete at least one Crisis Intervention Team (CIT) training program prior to January 1, 2019. Provides that CIT training includes situations involving domestic violence. Provides that the Illinois Law Enforcement Training Standards Board may partner with local mental health organizations and providers in developing and assisting with crisis intervention programming. Amends the Code of Criminal Procedure of 1963. Provides that in counties of more than 3,000,000 inhabitants, $25 of bail moneys retained by the circuit court clerk shall be deposited in the Crisis Intervention Team Training Fund, a special fund in the county treasury, to be used solely for paying for the costs of crisis intervention training for probationary police officers employed by law enforcement agencies located in a county with more than 3,000,000 inhabitants.
LRB100 00093 SLF 10097 b
FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB0375LRB100 00093 SLF 10097 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Police Training Act is amended by
5changing Sections 7 and 10.17 as follows:
6 (50 ILCS 705/7) (from Ch. 85, par. 507)
7 (Text of Section after amendment by P.A. 99-801)
8 Sec. 7. Rules and standards for schools. The Board shall
9adopt rules and minimum standards for such schools which shall
10include but not be limited to the following:
11 a. The curriculum for probationary police officers
12 which shall be offered by all certified schools shall
13 include but not be limited to courses of procedural
14 justice, arrest and use and control tactics, search and
15 seizure, including temporary questioning, civil rights,
16 human rights, human relations, cultural competency,
17 including implicit bias and racial and ethnic sensitivity,
18 criminal law, law of criminal procedure, constitutional
19 and proper use of law enforcement authority, vehicle and
20 traffic law including uniform and non-discriminatory
21 enforcement of the Illinois Vehicle Code, traffic control
22 and accident investigation, techniques of obtaining
23 physical evidence, court testimonies, statements, reports,

HB0375- 2 -LRB100 00093 SLF 10097 b
1 firearms training, training in the use of electronic
2 control devices, including the psychological and
3 physiological effects of the use of those devices on
4 humans, first-aid (including cardiopulmonary
5 resuscitation), training in the administration of opioid
6 antagonists as defined in paragraph (1) of subsection (e)
7 of Section 5-23 of the Alcoholism and Other Drug Abuse and
8 Dependency Act, handling of juvenile offenders,
9 recognition of mental conditions, including, but not
10 limited to, the disease of addiction, which require
11 immediate assistance and methods to safeguard and provide
12 assistance to a person in need of mental treatment,
13 recognition of abuse, neglect, financial exploitation, and
14 self-neglect of adults with disabilities and older adults,
15 as defined in Section 2 of the Adult Protective Services
16 Act, crimes against the elderly, law of evidence, the
17 hazards of high-speed police vehicle chases with an
18 emphasis on alternatives to the high-speed chase, and
19 physical training. The curriculum shall include specific
20 training in techniques for immediate response to and
21 investigation of cases of domestic violence and of sexual
22 assault of adults and children, including cultural
23 perceptions and common myths of sexual assault and sexual
24 abuse as well as interview techniques that are trauma
25 informed, victim centered, and victim sensitive. The
26 curriculum shall include training in techniques designed

HB0375- 3 -LRB100 00093 SLF 10097 b
1 to promote effective communication at the initial contact
2 with crime victims and ways to comprehensively explain to
3 victims and witnesses their rights under the Rights of
4 Crime Victims and Witnesses Act and the Crime Victims
5 Compensation Act. The curriculum shall also include a block
6 of instruction aimed at identifying and interacting with
7 persons with autism and other developmental or physical
8 disabilities, reducing barriers to reporting crimes
9 against persons with autism, and addressing the unique
10 challenges presented by cases involving victims or
11 witnesses with autism and other developmental
12 disabilities. The curriculum for permanent police officers
13 shall include but not be limited to (1) refresher and
14 in-service training in any of the courses listed above in
15 this subparagraph, (2) advanced courses in any of the
16 subjects listed above in this subparagraph, (3) training
17 for supervisory personnel, and (4) specialized training in
18 subjects and fields to be selected by the board. The
19 training in the use of electronic control devices shall be
20 conducted for probationary police officers, including
21 University police officers.
22 b. Minimum courses of study, attendance requirements
23 and equipment requirements.
24 c. Minimum requirements for instructors.
25 d. Minimum basic training requirements, which a
26 probationary police officer must satisfactorily complete

HB0375- 4 -LRB100 00093 SLF 10097 b
1 before being eligible for permanent employment as a local
2 law enforcement officer for a participating local
3 governmental agency. Those requirements shall include
4 training in first aid (including cardiopulmonary
5 resuscitation).
6 e. Minimum basic training requirements, which a
7 probationary county corrections officer must
8 satisfactorily complete before being eligible for
9 permanent employment as a county corrections officer for a
10 participating local governmental agency.
11 f. Minimum basic training requirements which a
12 probationary court security officer must satisfactorily
13 complete before being eligible for permanent employment as
14 a court security officer for a participating local
15 governmental agency. The Board shall establish those
16 training requirements which it considers appropriate for
17 court security officers and shall certify schools to
18 conduct that training.
19 A person hired to serve as a court security officer
20 must obtain from the Board a certificate (i) attesting to
21 his or her successful completion of the training course;
22 (ii) attesting to his or her satisfactory completion of a
23 training program of similar content and number of hours
24 that has been found acceptable by the Board under the
25 provisions of this Act; or (iii) attesting to the Board's
26 determination that the training course is unnecessary

HB0375- 5 -LRB100 00093 SLF 10097 b
1 because of the person's extensive prior law enforcement
2 experience.
3 Individuals who currently serve as court security
4 officers shall be deemed qualified to continue to serve in
5 that capacity so long as they are certified as provided by
6 this Act within 24 months of June 1, 1997 (the effective
7 date of Public Act 89-685). Failure to be so certified,
8 absent a waiver from the Board, shall cause the officer to
9 forfeit his or her position.
10 All individuals hired as court security officers on or
11 after the effective date of this amendatory Act of 1996
12 shall be certified within 12 months of the date of their
13 hire, unless a waiver has been obtained by the Board, or
14 they shall forfeit their positions.
15 The Sheriff's Merit Commission, if one exists, or the
16 Sheriff's Office if there is no Sheriff's Merit Commission,
17 shall maintain a list of all individuals who have filed
18 applications to become court security officers and who meet
19 the eligibility requirements established under this Act.
20 Either the Sheriff's Merit Commission, or the Sheriff's
21 Office if no Sheriff's Merit Commission exists, shall
22 establish a schedule of reasonable intervals for
23 verification of the applicants' qualifications under this
24 Act and as established by the Board.
25 g. Minimum in-service training requirements, which a
26 police officer must satisfactorily complete every 3 years.

HB0375- 6 -LRB100 00093 SLF 10097 b
1 Those requirements shall include constitutional and proper
2 use of law enforcement authority, procedural justice,
3 civil rights, human rights, and cultural competency, and
4 for probationary police officers employed by law
5 enforcement agencies located in counties of more than
6 3,000,000 inhabitants, crisis intervention team training
7 under Section 10.17 of this Act.
8 h. Minimum in-service training requirements, which a
9 police officer must satisfactorily complete at least
10 annually. Those requirements shall include law updates and
11 use of force training which shall include scenario based
12 training, or similar training approved by the Board.
13(Source: P.A. 98-49, eff. 7-1-13; 98-358, eff. 1-1-14; 98-463,
14eff. 8-16-13; 98-756, eff. 7-16-14; 99-352, eff. 1-1-16;
1599-480, eff. 9-9-15; 99-642, eff. 7-28-16; 99-801, eff.
161-1-17.)
17 (50 ILCS 705/10.17)
18 Sec. 10.17. Crisis intervention team training.
19 (a) For purposes of this Section, "mental illness" means a
20mental, or emotional disorder that substantially impairs a
21person's thought, perception of reality, emotional process,
22judgment, behavior, or ability to cope with the ordinary
23demands of life. For purposes of this Section, "mental illness"
24also includes a developmental disability, dementia,
25Alzheimer's disease, or a substance abuse disorder.

HB0375- 7 -LRB100 00093 SLF 10097 b
1 (b) The Illinois Law Enforcement Training and Standards
2Board shall develop and approve a standard curriculum for a
3certified training program in crisis intervention addressing
4specialized policing responses to people with mental illnesses
5and situations involving domestic violence. The Board shall
6conduct Crisis Intervention Team (CIT) training programs that
7train officers to identify signs and symptoms of mental
8illness, identify signs and behaviors of domestic violence
9victims and perpetrators, to de-escalate situations involving
10individuals who appear to have a mental illness and situations
11involving domestic violence, and connect persons that person in
12crisis to treatment, emergency assistance, or other necessary
13services. The Board may partner with local mental health
14organizations and providers in developing and assisting with
15crisis intervention programming. Officers who have
16successfully completed this program shall be issued a
17certificate attesting to their attendance of a Crisis
18Intervention Team (CIT) training program. Beginning January 1,
192018, all probationary officers employed by law enforcement
20agencies located in counties of more than 3,000,000
21inhabitants, including probationary part-time officers and
22university police officers, shall be required to complete
23Crisis Intervention Team (CIT) training as part of initial
24minimum basic training requirements. All permanent police
25officers, part-time officers, and university officers must
26complete at least one Crisis Intervention Team (CIT) training

HB0375- 8 -LRB100 00093 SLF 10097 b
1program prior to January 1, 2019.
2(Source: P.A. 99-261, eff. 1-1-16; 99-642, eff. 7-28-16.)
3 Section 10. The Code of Criminal Procedure of 1963 is
4amended by changing Section 110-7 as follows:
5 (725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
6 Sec. 110-7. Deposit of bail security.
7 (a) The person for whom bail has been set shall execute the
8bail bond and deposit with the clerk of the court before which
9the proceeding is pending a sum of money equal to 10% of the
10bail, but in no event shall such deposit be less than $25. The
11clerk of the court shall provide a space on each form for a
12person other than the accused who has provided the money for
13the posting of bail to so indicate and a space signed by an
14accused who has executed the bail bond indicating whether a
15person other than the accused has provided the money for the
16posting of bail. The form shall also include a written notice
17to such person who has provided the defendant with the money
18for the posting of bail indicating that the bail may be used to
19pay costs, attorney's fees, fines, or other purposes authorized
20by the court and if the defendant fails to comply with the
21conditions of the bail bond, the court shall enter an order
22declaring the bail to be forfeited. The written notice must be:
23(1) distinguishable from the surrounding text; (2) in bold type
24or underscored; and (3) in a type size at least 2 points larger

HB0375- 9 -LRB100 00093 SLF 10097 b
1than the surrounding type. When a person for whom bail has been
2set is charged with an offense under the Illinois Controlled
3Substances Act or the Methamphetamine Control and Community
4Protection Act which is a Class X felony, or making a terrorist
5threat in violation of Section 29D-20 of the Criminal Code of
61961 or the Criminal Code of 2012 or an attempt to commit the
7offense of making a terrorist threat, the court may require the
8defendant to deposit a sum equal to 100% of the bail. Where any
9person is charged with a forcible felony while free on bail and
10is the subject of proceedings under Section 109-3 of this Code
11the judge conducting the preliminary examination may also
12conduct a hearing upon the application of the State pursuant to
13the provisions of Section 110-6 of this Code to increase or
14revoke the bail for that person's prior alleged offense.
15 (b) Upon depositing this sum and any bond fee authorized by
16law, the person shall be released from custody subject to the
17conditions of the bail bond.
18 (c) Once bail has been given and a charge is pending or is
19thereafter filed in or transferred to a court of competent
20jurisdiction the latter court shall continue the original bail
21in that court subject to the provisions of Section 110-6 of
22this Code.
23 (d) After conviction the court may order that the original
24bail stand as bail pending appeal or deny, increase or reduce
25bail subject to the provisions of Section 110-6.2.
26 (e) After the entry of an order by the trial court allowing

HB0375- 10 -LRB100 00093 SLF 10097 b
1or denying bail pending appeal either party may apply to the
2reviewing court having jurisdiction or to a justice thereof
3sitting in vacation for an order increasing or decreasing the
4amount of bail or allowing or denying bail pending appeal
5subject to the provisions of Section 110-6.2.
6 (f) When the conditions of the bail bond have been
7performed and the accused has been discharged from all
8obligations in the cause the clerk of the court shall return to
9the accused or to the defendant's designee by an assignment
10executed at the time the bail amount is deposited, unless the
11court orders otherwise, 90% of the sum which had been deposited
12and shall retain as bail bond costs 10% of the amount
13deposited. However, in no event shall the amount retained by
14the clerk as bail bond costs be less than $5. Notwithstanding
15the foregoing, in counties with a population of 3,000,000 or
16more, in no event shall the amount retained by the clerk as
17bail bond costs exceed $100 of which $25 shall be deposited in
18the Crisis Intervention Team Training Fund, a special fund in
19the county treasury of a county with more than 3,000,000
20inhabitants, to be used solely for paying for the costs of
21crisis intervention training for probationary police officers
22employed by law enforcement agencies located in a county with
23more than 3,000,000 inhabitants. Bail bond deposited by or on
24behalf of a defendant in one case may be used, in the court's
25discretion, to satisfy financial obligations of that same
26defendant incurred in a different case due to a fine, court

HB0375- 11 -LRB100 00093 SLF 10097 b
1costs, restitution or fees of the defendant's attorney of
2record. In counties with a population of 3,000,000 or more, the
3court shall not order bail bond deposited by or on behalf of a
4defendant in one case to be used to satisfy financial
5obligations of that same defendant in a different case until
6the bail bond is first used to satisfy court costs and
7attorney's fees in the case in which the bail bond has been
8deposited and any other unpaid child support obligations are
9satisfied. In counties with a population of less than
103,000,000, the court shall not order bail bond deposited by or
11on behalf of a defendant in one case to be used to satisfy
12financial obligations of that same defendant in a different
13case until the bail bond is first used to satisfy court costs
14in the case in which the bail bond has been deposited.
15 At the request of the defendant the court may order such
1690% of defendant's bail deposit, or whatever amount is
17repayable to defendant from such deposit, to be paid to
18defendant's attorney of record.
19 (g) If the accused does not comply with the conditions of
20the bail bond the court having jurisdiction shall enter an
21order declaring the bail to be forfeited. Notice of such order
22of forfeiture shall be mailed forthwith to the accused at his
23last known address. If the accused does not appear and
24surrender to the court having jurisdiction within 30 days from
25the date of the forfeiture or within such period satisfy the
26court that appearance and surrender by the accused is

HB0375- 12 -LRB100 00093 SLF 10097 b
1impossible and without his fault the court shall enter judgment
2for the State if the charge for which the bond was given was a
3felony or misdemeanor, or if the charge was quasi-criminal or
4traffic, judgment for the political subdivision of the State
5which prosecuted the case, against the accused for the amount
6of the bail and costs of the court proceedings; however, in
7counties with a population of less than 3,000,000, instead of
8the court entering a judgment for the full amount of the bond
9the court may, in its discretion, enter judgment for the cash
10deposit on the bond, less costs, retain the deposit for further
11disposition or, if a cash bond was posted for failure to appear
12in a matter involving enforcement of child support or
13maintenance, the amount of the cash deposit on the bond, less
14outstanding costs, may be awarded to the person or entity to
15whom the child support or maintenance is due. The deposit made
16in accordance with paragraph (a) shall be applied to the
17payment of costs. If judgment is entered and any amount of such
18deposit remains after the payment of costs it shall be applied
19to payment of the judgment and transferred to the treasury of
20the municipal corporation wherein the bond was taken if the
21offense was a violation of any penal ordinance of a political
22subdivision of this State, or to the treasury of the county
23wherein the bond was taken if the offense was a violation of
24any penal statute of this State. The balance of the judgment
25may be enforced and collected in the same manner as a judgment
26entered in a civil action.

HB0375- 13 -LRB100 00093 SLF 10097 b
1 (h) After a judgment for a fine and court costs or either
2is entered in the prosecution of a cause in which a deposit had
3been made in accordance with paragraph (a) the balance of such
4deposit, after deduction of bail bond costs, shall be applied
5to the payment of the judgment.
6 (i) When a court appearance is required for an alleged
7violation of the Criminal Code of 1961, the Criminal Code of
82012, the Illinois Vehicle Code, the Wildlife Code, the Fish
9and Aquatic Life Code, the Child Passenger Protection Act, or a
10comparable offense of a unit of local government as specified
11in Supreme Court Rule 551, and if the accused does not appear
12in court on the date set for appearance or any date to which
13the case may be continued and the court issues an arrest
14warrant for the accused, based upon his or her failure to
15appear when having so previously been ordered to appear by the
16court, the accused upon his or her admission to bail shall be
17assessed by the court a fee of $75. Payment of the fee shall be
18a condition of release unless otherwise ordered by the court.
19The fee shall be in addition to any bail that the accused is
20required to deposit for the offense for which the accused has
21been charged and may not be used for the payment of court costs
22or fines assessed for the offense. The clerk of the court shall
23remit $70 of the fee assessed to the arresting agency who
24brings the offender in on the arrest warrant. If the Department
25of State Police is the arresting agency, $70 of the fee
26assessed shall be remitted by the clerk of the court to the

HB0375- 14 -LRB100 00093 SLF 10097 b
1State Treasurer within one month after receipt for deposit into
2the State Police Operations Assistance Fund. The clerk of the
3court shall remit $5 of the fee assessed to the Circuit Court
4Clerk Operation and Administrative Fund as provided in Section
527.3d of the Clerks of Courts Act.
6(Source: P.A. 99-412, eff. 1-1-16.)
feedback