Bill Text: IL HB5203 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Amends the Department of State Police Law of the Civil Administrative Code of Illinois and the Illinois Police Training Act. Provides that the Department of State Police, for State Police officers, and the Illinois Law Enforcement Training Standards Board, for local law enforcement officers, shall adopt rules to require law enforcement officers to receive victim sensitivity training concerning the investigation of incidents of sexual assault and sexual abuse, including the interviewing of victims, when the victim of the sexual assault or sexual abuse is under 13 years of age for all probationary, full-time, and part-time law enforcement officers. Provides that the training shall be at least 40 hours and the officer shall receive and successfully complete the training every 5 years.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Passed) 2018-08-17 - Public Act . . . . . . . . . 100-0910 [HB5203 Detail]

Download: Illinois-2017-HB5203-Chaptered.html



Public Act 100-0910
HB5203 EnrolledLRB100 18699 RLC 33931 b
AN ACT concerning law enforcement training.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be referred to as Kayla's Law.
Section 5. The Illinois Police Training Act is amended by
changing Sections 7 and 10.21 as follows:
(50 ILCS 705/7) (from Ch. 85, par. 507)
Sec. 7. Rules and standards for schools. The Board shall
adopt rules and minimum standards for such schools which shall
include, but not be limited to, the following:
a. The curriculum for probationary police officers
which shall be offered by all certified schools shall
include, but not be limited to, courses of procedural
justice, arrest and use and control tactics, search and
seizure, including temporary questioning, civil rights,
human rights, human relations, cultural competency,
including implicit bias and racial and ethnic sensitivity,
criminal law, law of criminal procedure, constitutional
and proper use of law enforcement authority, vehicle and
traffic law including uniform and non-discriminatory
enforcement of the Illinois Vehicle Code, traffic control
and accident investigation, techniques of obtaining
physical evidence, court testimonies, statements, reports,
firearms training, training in the use of electronic
control devices, including the psychological and
physiological effects of the use of those devices on
humans, first-aid (including cardiopulmonary
resuscitation), training in the administration of opioid
antagonists as defined in paragraph (1) of subsection (e)
of Section 5-23 of the Alcoholism and Other Drug Abuse and
Dependency Act, handling of juvenile offenders,
recognition of mental conditions and crises, including,
but not limited to, the disease of addiction, which require
immediate assistance and response and methods to safeguard
and provide assistance to a person in need of mental
treatment, recognition of abuse, neglect, financial
exploitation, and self-neglect of adults with disabilities
and older adults, as defined in Section 2 of the Adult
Protective Services Act, crimes against the elderly, law of
evidence, the hazards of high-speed police vehicle chases
with an emphasis on alternatives to the high-speed chase,
and physical training. The curriculum shall include
specific training in techniques for immediate response to
and investigation of cases of domestic violence and of
sexual assault of adults and children, including cultural
perceptions and common myths of sexual assault and sexual
abuse as well as interview techniques that are age
sensitive and are trauma informed, victim centered, and
victim sensitive. The curriculum shall include training in
techniques designed to promote effective communication at
the initial contact with crime victims and ways to
comprehensively explain to victims and witnesses their
rights under the Rights of Crime Victims and Witnesses Act
and the Crime Victims Compensation Act. The curriculum
shall also include training in effective recognition of and
responses to stress, trauma, and post-traumatic stress
experienced by police officers. The curriculum shall also
include a block of instruction aimed at identifying and
interacting with persons with autism and other
developmental or physical disabilities, reducing barriers
to reporting crimes against persons with autism, and
addressing the unique challenges presented by cases
involving victims or witnesses with autism and other
developmental disabilities. The curriculum for permanent
police officers shall include, but not be limited to: (1)
refresher and in-service training in any of the courses
listed above in this subparagraph, (2) advanced courses in
any of the subjects listed above in this subparagraph, (3)
training for supervisory personnel, and (4) specialized
training in subjects and fields to be selected by the
board. The training in the use of electronic control
devices shall be conducted for probationary police
officers, including University police officers.
b. Minimum courses of study, attendance requirements
and equipment requirements.
c. Minimum requirements for instructors.
d. Minimum basic training requirements, which a
probationary police officer must satisfactorily complete
before being eligible for permanent employment as a local
law enforcement officer for a participating local
governmental agency. Those requirements shall include
training in first aid (including cardiopulmonary
resuscitation).
e. Minimum basic training requirements, which a
probationary county corrections officer must
satisfactorily complete before being eligible for
permanent employment as a county corrections officer for a
participating local governmental agency.
f. Minimum basic training requirements which a
probationary court security officer must satisfactorily
complete before being eligible for permanent employment as
a court security officer for a participating local
governmental agency. The Board shall establish those
training requirements which it considers appropriate for
court security officers and shall certify schools to
conduct that training.
A person hired to serve as a court security officer
must obtain from the Board a certificate (i) attesting to
his or her successful completion of the training course;
(ii) attesting to his or her satisfactory completion of a
training program of similar content and number of hours
that has been found acceptable by the Board under the
provisions of this Act; or (iii) attesting to the Board's
determination that the training course is unnecessary
because of the person's extensive prior law enforcement
experience.
Individuals who currently serve as court security
officers shall be deemed qualified to continue to serve in
that capacity so long as they are certified as provided by
this Act within 24 months of June 1, 1997 (the effective
date of Public Act 89-685). Failure to be so certified,
absent a waiver from the Board, shall cause the officer to
forfeit his or her position.
All individuals hired as court security officers on or
after June 1, 1997 (the effective date of Public Act
89-685) this amendatory Act of 1996 shall be certified
within 12 months of the date of their hire, unless a waiver
has been obtained by the Board, or they shall forfeit their
positions.
The Sheriff's Merit Commission, if one exists, or the
Sheriff's Office if there is no Sheriff's Merit Commission,
shall maintain a list of all individuals who have filed
applications to become court security officers and who meet
the eligibility requirements established under this Act.
Either the Sheriff's Merit Commission, or the Sheriff's
Office if no Sheriff's Merit Commission exists, shall
establish a schedule of reasonable intervals for
verification of the applicants' qualifications under this
Act and as established by the Board.
g. Minimum in-service training requirements, which a
police officer must satisfactorily complete every 3 years.
Those requirements shall include constitutional and proper
use of law enforcement authority, procedural justice,
civil rights, human rights, mental health awareness and
response, and cultural competency.
h. Minimum in-service training requirements, which a
police officer must satisfactorily complete at least
annually. Those requirements shall include law updates and
use of force training which shall include scenario based
training, or similar training approved by the Board.
(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,
eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18;
100-247, eff. 1-1-18; revised 10-3-17.)
(50 ILCS 705/10.21)
Sec. 10.21. Training; sexual assault and sexual abuse.
(a) The Illinois Law Enforcement Training Standards Board
shall conduct or approve training programs in trauma-informed
responses and investigations of sexual assault and sexual
abuse, which include, but is not limited to, the following:
(1) recognizing the symptoms of trauma;
(2) understanding the role trauma has played in a
victim's life;
(3) responding to the needs and concerns of a victim;
(4) delivering services in a compassionate, sensitive,
and nonjudgmental manner;
(5) interviewing techniques in accordance with the
curriculum standards in subsection (f) of this Section;
(6) understanding cultural perceptions and common
myths of sexual assault and sexual abuse; and
(7) report writing techniques in accordance with the
curriculum standards in subsection (f) of this Section; and
(8) recognizing special sensitivities of victims due
to: age, including those under the age of 13; gender; or
other qualifications.
(b) This training must be presented in all full and
part-time basic law enforcement academies on or before July 1,
2018.
(c) Agencies employing law enforcement officers must
present this training to all law enforcement officers within 3
years after January 1, 2017 (the effective date of Public Act
99-801) and must present in-service training on sexual assault
and sexual abuse response and report writing training
requirements every 3 years.
(d) Agencies employing law enforcement officers who
conduct sexual assault and sexual abuse investigations must
provide specialized training to these officers on sexual
assault and sexual abuse investigations within 2 years after
January 1, 2017 (the effective date of Public Act 99-801) and
must present in-service training on sexual assault and sexual
abuse investigations to these officers every 3 years.
(e) Instructors providing this training shall have
successfully completed training on evidence-based,
trauma-informed, victim-centered response to cases of sexual
assault and sexual abuse and have experience responding to
sexual assault and sexual abuse cases.
(f) The Board shall adopt rules, in consultation with the
Office of the Illinois Attorney General and the Department of
State Police, to determine the specific training requirements
for these courses, including, but not limited to, the
following:
(1) evidence-based curriculum standards for report
writing and immediate response to sexual assault and sexual
abuse, including trauma-informed, victim-centered, age
sensitive, interview techniques, which have been
demonstrated to minimize retraumatization, for
probationary police officers and all law enforcement
officers; and
(2) evidence-based curriculum standards for
trauma-informed, victim-centered, age sensitive
investigation and interviewing techniques, which have been
demonstrated to minimize retraumatization, for cases of
sexual assault and sexual abuse for law enforcement
officers who conduct sexual assault and sexual abuse
investigations.
(Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17.)
Section 10. The Sexual Assault Incident Procedure Act is
amended by changing Section 15 as follows:
(725 ILCS 203/15)
Sec. 15. Sexual assault incident policies.
(a) On or before January 1, 2018, every law enforcement
agency shall develop, adopt, and implement written policies
regarding procedures for incidents of sexual assault or sexual
abuse consistent with the guidelines developed under
subsection (b) of this Section. In developing these policies,
each law enforcement agency is encouraged to consult with other
law enforcement agencies, sexual assault advocates, and sexual
assault nurse examiners with expertise in recognizing and
handling sexual assault and sexual abuse incidents. These
policies must include mandatory sexual assault and sexual abuse
response training as required in Section 10.21 of the Illinois
Police Training Act and Sections 2605-53 and 2605-98 of the
Department of State Police Law of the Civil Administrative Code
of Illinois.
(a-5) On or before January 1, 2021, every law enforcement
agency shall revise and implement its written policies
regarding procedures for incidents of sexual assault or sexual
abuse consistent with the guideline revisions developed under
subsection (b-5) of this Section.
(b) On or before July 1, 2017, the Office of the Attorney
General, in consultation with the Illinois Law Enforcement
Training Standards Board and the Department of State Police,
shall develop and make available to each law enforcement
agency, comprehensive guidelines for creation of a law
enforcement agency policy on evidence-based, trauma-informed,
victim-centered sexual assault and sexual abuse response and
investigation.
These guidelines shall include, but not be limited to the
following:
(1) dispatcher or call taker response;
(2) responding officer duties;
(3) duties of officers investigating sexual assaults
and sexual abuse;
(4) supervisor duties;
(5) report writing;
(6) reporting methods;
(7) victim interviews;
(8) evidence collection;
(9) sexual assault medical forensic examinations;
(10) suspect interviews;
(11) suspect forensic exams;
(12) witness interviews;
(13) sexual assault response and resource teams, if
applicable;
(14) working with victim advocates;
(15) working with prosecutors;
(16) victims' rights;
(17) victim notification; and
(18) consideration for specific populations or
communities.
(b-5) On or before January 1, 2020, the Office of the
Attorney General, in consultation with the Illinois Law
Enforcement Training Standards Board and the Department of
State Police, shall revise the comprehensive guidelines
developed under subsection (b) to include responding to victims
who are under 13 years of age at the time the sexual assault or
sexual abuse occurred.
(Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17.)
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