Bill Text: IL HB2766 | 2019-2020 | 101st General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Creates the First Responders Suicide Prevention Act. Provides that an emergency services provider, law enforcement agency, or collective bargaining organization shall ensure that peer support advisors receive appropriate training in counseling to conduct peer support counseling sessions. Provides that emergency services personnel and public safety personnel may refer any person to a peer support advisor within the emergency services provider or law enforcement agency, or if those services are not available within the agency, to another peer support counseling program that is available and approved by the emergency services provider or law enforcement agency. Creates the First Responders Suicide Task Force to pursue recommendations to help reduce the risk and rates of suicide among first responders, along with developing a mechanism to help reduce the risk and rates of suicide among first responders. Provides that the Department of State Police shall provide administrative support for the Task Force, and if the subject matter is either sensitive or classified, the Task Force may hold the hearings in private. Provides that the Task Force shall issue a final report to the General Assembly on or before December 31, 2020 and, one year after filing of its report, is dissolved. Amends the Department of State Police Law of the Civil Administrative Code of Illinois, Illinois Police Training Act, and the Illinois Fire Protection Training Act to require training programs for police and firefighters to recognize signs of work-related cumulative stress and other related issues that may lead to suicide and offer appropriate solutions for intervention. In the amendatory changes to the Department of State Police Law of the Civil Administrative Code of Illinois, provides that the Department of State Police shall not make possession of a Firearm Owner's Identification Card a condition of continued employment if the State Police officer's Firearm Owner's Identification Card is revoked or seized because the State Police officer has been a patient of a mental health facility and the State Police officer has not been determined to pose a clear and present danger to himself, herself, or others as determined by a physician, clinical psychologist, or qualified examiner. Makes other changes. Effective immediately.

Spectrum: Strong Partisan Bill (Democrat 20-2)

Status: (Passed) 2019-08-16 - Public Act . . . . . . . . . 101-0375 [HB2766 Detail]

Download: Illinois-2019-HB2766-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB2766 Introduced , by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED:
New Act
5 ILCS 140/7.5
20 ILCS 2605/2605-99 new
50 ILCS 705/10.17-2 new
50 ILCS 740/12.2 new
Creates the First Responders Suicide Prevention Act. Provides that emergency services personnel and public safety personnel may refer any person to an employee assistance program or peer support counselor within the emergency services provider or law enforcement agency, or if those services are not available within the agency, to another employee assistance program or peer support counseling program that is available. Provides that any communication made by a participant or counselor in a peer support counseling session conducted by a law enforcement agency or by an emergency services provider for public safety personnel or emergency services personnel and any oral or written information conveyed in the peer support counseling session is confidential and may not be disclosed by any person participating in the peer support counseling session. Provides that any oral communication or written information made or conveyed by a participant or counselor in a peer support session, including an employee assistance program, is not admissible in any judicial proceeding, arbitration proceeding, or other adjudicatory proceeding. Amends the Department of State Police Law of the Civil Administrative Code of Illinois, Illinois Police Training Act, and the Illinois Fire Protection Training Act to require training programs for police and fire fighters to recognize signs of work-related cumulative stress and other related issues that may lead to suicide and offer appropriate solutions for intervention. Makes other changes. Effective immediately.
LRB101 09370 SLF 54468 b
A BILL FOR
HB2766 LRB101 09370 SLF 54468 b
AN ACT concerning first responders.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the First
Responders Suicide Prevention Act.
Section 5. Legislative findings. The General Assembly
finds that:
(1) This State's first responders are tasked with work that
is highly stressful where one continually faces the impact of
murder, violence, accidents, serious injury, and death. The day
in and day out impact of these situations wreak havoc
personally and professionally on those who serve their
communities. Work as a first responder is a combination of
extreme boredom with incidents of mind-numbing terror. No
person, no matter how highly trained or well-adjusted, is
immune to the long-term impact of cumulative stress or sudden
critical incidents.
(2) Since September 11, 2001, the role of first responders
has changed dramatically. First responders have become the
teachers, advocates, counselors, enforcement, and safety to
those they serve, yet year after year, police and fire fighters
always rank at the top for the most stressful jobs in this
country. The demands of shift work, change in politics and

HB2766 - 2 - LRB101 09370 SLF 54468 b
public policy, and having to make life changing decisions
within seconds are all contributing factors in the mental
health and welfare of our public servants. Alcoholism, divorce,
depression, post-traumatic stress disorder (PTSD),
stress-related health issues, and suicide among first
responders are constantly well above the national average. The
health and well-being of first responders not only affect the
officer or fire fighter, but those who work closely around the
first responder and the public he or she serves and protects.
(3) The purpose of this Act is to allow agencies to train
personnel in peer counseling. This allows fire fighters and law
enforcement officers to have access to trained persons within
their respective fields to speak to and seek guidance during
difficult and challenging times in their careers and lives.
Most first responders feel comfortable speaking to others
within their profession that have experienced similar
situations. Allowing this type of counseling gives public
servants the ability to seek help during trying times with the
confidence of knowing their issue is held in confidence with
someone who understands. No longer should these public servants
have to suffer in silence.
(4) Maintaining an emotional and mentally healthy class of
first responders should be a priority goal to achieve. Healthy
fire fighters and police make better decisions, increase
productivity, create better work environments, and respond to
society in a much more open and effective manner.

HB2766 - 3 - LRB101 09370 SLF 54468 b
Section 10. Definitions. In this Act:
"Emergency services provider" means any public employer
that employs persons to provide fire fighting services.
"Emergency services personnel" means any employee of an
emergency services provider who is engaged in providing fire
fighting services.
"Employee assistance program" means a program established
by a law enforcement agency or emergency services provider to
provide counseling support services to employees of the law
enforcement agency or emergency services provider, including
peer support counselors who have received training in
counseling and moral support.
"Law enforcement agency" means any county sheriff,
municipal police department, police department established by
a university, Department of State Police, Department of
Corrections, Department of Children and Family Services,
Division of Probation Services of the Supreme Court, the Office
of the Statewide 9-1-1 Administrator, and other local or county
agency comprised of county probation officers, corrections
employees, or 9-1-1 telecommunicators or emergency medical
dispatchers.
"Peer support counseling session" means communication with
a counselor through an employee assistance program or a trained
peer support counselor designated by the emergency services
provider or law enforcement agency.

HB2766 - 4 - LRB101 09370 SLF 54468 b
"Public safety personnel" means any employee of a law
enforcement agency.
Section 15. Establishment of employee assistance program;
applicability.
(a) This Act applies to peer support counseling sessions
conducted by an employee or other person who:
(1) has been designated by a law enforcement agency or
emergency services provider or by an employee assistance
program to act as a counselor; and
(2) has received training in counseling to provide
emotional and moral support to public safety personnel or
emergency services personnel who have been involved in
emotionally traumatic incidents by reason of their
employment that may affect their ability to execute their
respective duties.
(b) An emergency services provider or law enforcement
agency may establish an employee assistance program to assist
emergency services personnel and public safety personnel,
including designating a person within the emergency services
provider or law enforcement agency to act as a peer support
counselor. An emergency services provider or law enforcement
agency shall give appropriate training in counseling to provide
emotional and moral support to persons designated as a peer
support counselor. Emergency services personnel and public
safety personnel may refer any person to an employee assistance

HB2766 - 5 - LRB101 09370 SLF 54468 b
program or peer support counselor within the emergency services
provider or law enforcement agency, or if those services are
not available within the agency, to another employee assistance
program or peer support counseling program that is available.
Section 20. Confidentiality; exemptions.
(a) Any communication made by a participant or counselor in
a peer support counseling session conducted by a law
enforcement agency or by an emergency services provider for
public safety personnel or emergency services personnel and any
oral or written information conveyed in the peer support
counseling session is confidential and may not be disclosed by
any person participating in the peer support counseling
session.
(b) Any communication relating to a peer support counseling
session made confidential under this Section that is made
between counselors, between counselors and the supervisors or
staff of an employee assistance program, or between the
supervisor or staff of an employee assistance program, is
confidential and may not be disclosed.
(c) This Section does not prohibit any communications
between counselors who conduct peer support counseling
sessions or any communications between counselors and the
supervisors or staff of an employee assistance program.
(d) This Section does not apply to:
(1) any threat of suicide or homicide made by a

HB2766 - 6 - LRB101 09370 SLF 54468 b
participant in a peer counseling session or any information
conveyed in a peer support counseling session related to a
threat of suicide or homicide;
(2) any information relating to the abuse of children
or of the elderly or other information that is required to
be reported by law; or
(3) any admission of criminal conduct.
(e) All communications, notes, records, and reports
arising out of a peer support counseling session are not
subject to disclosure under Section 7.5 of the Freedom of
Information Act.
Section 25. Judicial proceedings.
(a) Any oral communication or written information made or
conveyed by a participant or counselor in a peer support
session, including an employee assistance program, is not
admissible in any judicial proceeding, arbitration proceeding,
or other adjudicatory proceeding. Communications and
information made confidential may not be disclosed by the
participants in any judicial proceeding, administrative
proceeding, arbitration proceeding, or other adjudicatory
proceeding. The limitations on disclosure imposed by this
Section include disclosure during any discovery conducted as a
part of an adjudicatory proceeding.
(b) Nothing in this Section limits the discovery or
introduction into evidence, knowledge acquired by any public

HB2766 - 7 - LRB101 09370 SLF 54468 b
safety personnel or emergency services personnel from
observations made during the course of employment or material
or information acquired during the course of employment that is
otherwise subject to discovery in evidence.
Section 105. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating

HB2766 - 8 - LRB101 09370 SLF 54468 b
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information

HB2766 - 9 - LRB101 09370 SLF 54468 b
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the Capital
Crimes Litigation Act. This subsection (n) shall apply
until the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior
to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair

HB2766 - 10 - LRB101 09370 SLF 54468 b
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from
the Illinois Health Information Exchange, and identified
or deidentified health information in the form of health
data and medical records of the Illinois Health Information
Exchange in the possession of the Illinois Health
Information Exchange Authority due to its administration
of the Illinois Health Information Exchange. The terms
"identified" and "deidentified" shall be given the same
meaning as in the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, or any
subsequent amendments thereto, and any regulations
promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied

HB2766 - 11 - LRB101 09370 SLF 54468 b
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed Carry
Licensing Review Board under the Firearm Concealed Carry
Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of an
eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services

HB2766 - 12 - LRB101 09370 SLF 54468 b
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day and
temporary labor service agencies but are exempt from

HB2766 - 13 - LRB101 09370 SLF 54468 b
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) (ll) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) (ll) Information that is exempt from disclosure
under Section 70 of the Higher Education Student Assistance
Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session prohibited
from disclosure under the First Responders Suicide
Prevention Act.
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
10-12-18.)
Section 110. The Department of State Police Law of the

HB2766 - 14 - LRB101 09370 SLF 54468 b
Civil Administrative Code of Illinois is amended by adding
Section 2605-99 as follows:
(20 ILCS 2605/2605-99 new)
Sec. 2605-99. Training; suicide prevention. The
Department, in consultation with a statewide association who
represents public pension funds under Article 3 and Article 4
of the Illinois Pension Code, shall conduct or approve a 2-day
in-service training program for State Police officers in
job-related stress management and suicide prevention. The
in-service training program shall train State Police officers
to recognize signs of work-related cumulative stress and other
related issues that may lead to suicide and offer appropriate
solutions for intervention. This in-service training program
shall be completed every 2 years by each State Police officer.
The Department shall establish the training program on or
before January 1, 2020.
Section 115. The Illinois Police Training Act is amended by
adding Section 10.17-2 as follows:
(50 ILCS 705/10.17-2 new)
Sec. 10.17-2. Training; suicide prevention. The Board, in
consultation with a statewide association who represents
public pension funds under Article 3 and Article 4 of the
Illinois Pension Code, shall conduct or approve a 2-day

HB2766 - 15 - LRB101 09370 SLF 54468 b
in-service training program for law enforcement officers in
job-related stress management and suicide prevention. The
in-service training program shall train law enforcement
officers of local government agencies to recognize signs of
work-related cumulative stress and other related issues that
may lead to suicide and offer appropriate solutions for
intervention. This in-service training program shall be
completed every 2 years by each local law enforcement officer.
The Board shall establish the training program on or before
January 1, 2020.
Section 120. The Illinois Fire Protection Training Act is
amended by adding Section 12.2 as follows:
(50 ILCS 740/12.2 new)
Sec. 12.2. Training; suicide prevention. The Office, in
consultation with a statewide association who represents
public pension funds under Article 3 and Article 4 of the
Illinois Pension Code, shall conduct or approve a 2-day
in-service training program for permanent fire protection
personnel in job-related stress management and suicide
prevention. The in-service training program shall train fire
fighters to recognize signs of work-related cumulative stress
and other related issues that may lead to suicide and offer
appropriate solutions for intervention. This in-service
training program shall be completed every 2 years by each

HB2766 - 16 - LRB101 09370 SLF 54468 b
permanent fire protection personnel. The Office shall
establish the training program on or before January 1, 2020.
Section 999. Effective date. This Act takes effect upon
becoming law.