Bill Text: IL HB5203 | 2017-2018 | 100th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
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1 | AN ACT concerning law enforcement training.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. This Act may be referred to as Kayla's Law.
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5 | Section 5. The Illinois Police Training Act is amended by | ||||||
6 | changing Sections 7 and 10.21 as follows:
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7 | (50 ILCS 705/7) (from Ch. 85, par. 507)
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8 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
9 | adopt rules and
minimum standards for such schools which shall | ||||||
10 | include , but not be limited to ,
the following:
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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,
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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
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1 | physical evidence, court testimonies, statements, reports, | ||||||
2 | firearms
training, training in the use of electronic | ||||||
3 | control devices, including the psychological and | ||||||
4 | physiological effects of the use of those devices on | ||||||
5 | humans, first-aid (including cardiopulmonary | ||||||
6 | resuscitation), training in the administration of opioid | ||||||
7 | antagonists as defined in paragraph (1) of subsection (e) | ||||||
8 | of Section 5-23 of the Alcoholism and Other Drug Abuse and | ||||||
9 | Dependency Act, handling of
juvenile offenders, | ||||||
10 | recognition of
mental conditions and crises, including, | ||||||
11 | but not limited to, the disease of addiction, which require | ||||||
12 | immediate assistance and response and methods to
safeguard | ||||||
13 | and provide assistance to a person in need of mental
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14 | treatment, recognition of abuse, neglect, financial | ||||||
15 | exploitation, and self-neglect of adults with disabilities | ||||||
16 | and older adults, as defined in Section 2 of the Adult | ||||||
17 | Protective Services Act, crimes against the elderly, law of | ||||||
18 | evidence, the hazards of high-speed police vehicle
chases | ||||||
19 | with an emphasis on alternatives to the high-speed chase, | ||||||
20 | and
physical training. The curriculum shall include | ||||||
21 | specific training in
techniques for immediate response to | ||||||
22 | and investigation of cases of domestic
violence and of | ||||||
23 | sexual assault of adults and children, including cultural | ||||||
24 | perceptions and common myths of sexual assault and sexual | ||||||
25 | abuse as well as interview techniques that are age | ||||||
26 | sensitive and are trauma informed, victim centered, and |
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1 | victim sensitive. The curriculum shall include
training in | ||||||
2 | techniques designed to promote effective
communication at | ||||||
3 | the initial contact with crime victims and ways to | ||||||
4 | comprehensively
explain to victims and witnesses their | ||||||
5 | rights under the Rights
of Crime Victims and Witnesses Act | ||||||
6 | and the Crime
Victims Compensation Act. The curriculum | ||||||
7 | shall also include training in effective recognition of and | ||||||
8 | responses to stress, trauma, and post-traumatic stress | ||||||
9 | experienced by police officers. The curriculum shall also | ||||||
10 | include a block of instruction aimed at identifying and | ||||||
11 | interacting with persons with autism and other | ||||||
12 | developmental or physical disabilities, reducing barriers | ||||||
13 | to reporting crimes against persons with autism, and | ||||||
14 | addressing the unique challenges presented by cases | ||||||
15 | involving victims or witnesses with autism and other | ||||||
16 | developmental disabilities. The curriculum for
permanent | ||||||
17 | police officers shall include , but not be limited to : (1) | ||||||
18 | refresher
and in-service training in any of the courses | ||||||
19 | listed above in this
subparagraph, (2) advanced courses in | ||||||
20 | any of the subjects listed above in
this subparagraph, (3) | ||||||
21 | training for supervisory personnel, and (4)
specialized | ||||||
22 | training in subjects and fields to be selected by the | ||||||
23 | board. The training in the use of electronic control | ||||||
24 | devices shall be conducted for probationary police | ||||||
25 | officers, including University police officers.
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26 | b. Minimum courses of study, attendance requirements |
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1 | and equipment
requirements.
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2 | c. Minimum requirements for instructors.
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3 | d. Minimum basic training requirements, which a | ||||||
4 | probationary police
officer must satisfactorily complete | ||||||
5 | before being eligible for permanent
employment as a local | ||||||
6 | law enforcement officer for a participating local
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7 | governmental agency. Those requirements shall include | ||||||
8 | training in first aid
(including cardiopulmonary | ||||||
9 | resuscitation).
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10 | e. Minimum basic training requirements, which a | ||||||
11 | probationary county
corrections officer must | ||||||
12 | satisfactorily complete before being eligible for
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13 | permanent employment as a county corrections officer for a | ||||||
14 | participating
local governmental agency.
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15 | f. Minimum basic training requirements which a | ||||||
16 | probationary court
security officer must satisfactorily | ||||||
17 | complete before being eligible for
permanent employment as | ||||||
18 | a court security officer for a participating local
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19 | governmental agency. The Board shall
establish those | ||||||
20 | training requirements which it considers appropriate for | ||||||
21 | court
security officers and shall certify schools to | ||||||
22 | conduct that training.
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23 | A person hired to serve as a court security officer | ||||||
24 | must obtain from the
Board a certificate (i) attesting to | ||||||
25 | his or her successful completion of the
training course; | ||||||
26 | (ii) attesting to his or her satisfactory
completion of a |
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1 | training program of similar content and number of hours | ||||||
2 | that
has been found acceptable by the Board under the | ||||||
3 | provisions of this Act; or
(iii) attesting to the Board's | ||||||
4 | determination that the training
course is unnecessary | ||||||
5 | because of the person's extensive prior law enforcement
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6 | experience.
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7 | Individuals who currently serve as court security | ||||||
8 | officers shall be deemed
qualified to continue to serve in | ||||||
9 | that capacity so long as they are certified
as provided by | ||||||
10 | this Act within 24 months of June 1, 1997 (the effective | ||||||
11 | date of Public Act 89-685). Failure to be so certified, | ||||||
12 | absent a waiver from the
Board, shall cause the officer to | ||||||
13 | forfeit his or her position.
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14 | All individuals hired as court security officers on or | ||||||
15 | after June 1, 1997 ( the effective
date of Public Act | ||||||
16 | 89-685) this amendatory Act of 1996 shall be certified | ||||||
17 | within 12 months of the
date of their hire, unless a waiver | ||||||
18 | has been obtained by the Board, or they
shall forfeit their | ||||||
19 | positions.
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20 | The Sheriff's Merit Commission, if one exists, or the | ||||||
21 | Sheriff's Office if
there is no Sheriff's Merit Commission, | ||||||
22 | shall maintain a list of all
individuals who have filed | ||||||
23 | applications to become court security officers and
who meet | ||||||
24 | the eligibility requirements established under this Act. | ||||||
25 | Either
the Sheriff's Merit Commission, or the Sheriff's | ||||||
26 | Office if no Sheriff's Merit
Commission exists, shall |
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1 | establish a schedule of reasonable intervals for
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2 | verification of the applicants' qualifications under
this | ||||||
3 | Act and as established by the Board.
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4 | g. Minimum in-service training requirements, which a | ||||||
5 | police officer must satisfactorily complete every 3 years. | ||||||
6 | Those requirements shall include constitutional and proper | ||||||
7 | use of law enforcement authority, procedural justice, | ||||||
8 | civil rights, human rights, mental health awareness and | ||||||
9 | response, and cultural competency. | ||||||
10 | h. Minimum in-service training requirements, which a | ||||||
11 | police officer must satisfactorily complete at least | ||||||
12 | annually. Those requirements shall include law updates and | ||||||
13 | use of force training which shall include scenario based | ||||||
14 | training, or similar training approved by the Board. | ||||||
15 | (Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, | ||||||
16 | eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18; | ||||||
17 | 100-247, eff. 1-1-18; revised 10-3-17.)
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18 | (50 ILCS 705/10.21) | ||||||
19 | Sec. 10.21. Training; sexual assault and sexual abuse. | ||||||
20 | (a) The Illinois Law Enforcement Training Standards Board | ||||||
21 | shall conduct or approve training programs in trauma-informed | ||||||
22 | responses and investigations of sexual assault and sexual | ||||||
23 | abuse, which include, but is not limited to, the following: | ||||||
24 | (1) recognizing the symptoms of trauma; | ||||||
25 | (2) understanding the role trauma has played in a |
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1 | victim's life; | ||||||
2 | (3) responding to the needs and concerns of a victim; | ||||||
3 | (4) delivering services in a compassionate, sensitive, | ||||||
4 | and nonjudgmental manner; | ||||||
5 | (5) interviewing techniques in accordance with the | ||||||
6 | curriculum standards in subsection (f) of this Section; | ||||||
7 | (6) understanding cultural perceptions and common | ||||||
8 | myths of sexual assault and sexual abuse; and | ||||||
9 | (7) report writing techniques in accordance with the | ||||||
10 | curriculum standards in subsection (f) of this Section ; and | ||||||
11 | (8) recognizing special sensitivities of victims due | ||||||
12 | to: age, including those under the age of 13; gender; or | ||||||
13 | other qualifications . | ||||||
14 | (b) This training must be presented in all full and | ||||||
15 | part-time basic law enforcement academies on or before July 1, | ||||||
16 | 2018. | ||||||
17 | (c) Agencies employing law enforcement officers must | ||||||
18 | present this training to all law enforcement officers within 3 | ||||||
19 | years after January 1, 2017 (the effective date of Public Act | ||||||
20 | 99-801) and must present in-service training on sexual assault | ||||||
21 | and sexual abuse response and report writing training | ||||||
22 | requirements every 3 years. | ||||||
23 | (d) Agencies employing law enforcement officers who | ||||||
24 | conduct sexual assault and sexual abuse investigations must | ||||||
25 | provide specialized training to these officers on sexual | ||||||
26 | assault and sexual abuse investigations within 2 years after |
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1 | January 1, 2017 (the effective date of Public Act 99-801) and | ||||||
2 | must present in-service training on sexual assault and sexual | ||||||
3 | abuse investigations to these officers every 3 years. | ||||||
4 | (e) Instructors providing this training shall have | ||||||
5 | successfully completed training on evidence-based, | ||||||
6 | trauma-informed, victim-centered response to cases of sexual | ||||||
7 | assault and sexual abuse and have experience responding to | ||||||
8 | sexual assault and sexual abuse cases. | ||||||
9 | (f) The Board shall adopt rules, in consultation with the | ||||||
10 | Office of the Illinois Attorney General and the Department of | ||||||
11 | State Police, to determine the specific training requirements | ||||||
12 | for these courses, including, but not limited to, the | ||||||
13 | following: | ||||||
14 | (1) evidence-based curriculum standards for report | ||||||
15 | writing and immediate response to sexual assault and sexual | ||||||
16 | abuse, including trauma-informed, victim-centered , age | ||||||
17 | sensitive, interview techniques, which have been | ||||||
18 | demonstrated to minimize retraumatization, for | ||||||
19 | probationary police officers and all law enforcement | ||||||
20 | officers; and | ||||||
21 | (2) evidence-based curriculum standards for | ||||||
22 | trauma-informed, victim-centered , age sensitive | ||||||
23 | investigation and interviewing techniques, which have been | ||||||
24 | demonstrated to minimize retraumatization, for cases of | ||||||
25 | sexual assault and sexual abuse for law enforcement | ||||||
26 | officers who conduct sexual assault and sexual abuse |
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1 | investigations.
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2 | (Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17.)
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3 | Section 10. The Sexual Assault Incident Procedure Act is | ||||||
4 | amended by changing Section 15 as follows:
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5 | (725 ILCS 203/15)
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6 | Sec. 15. Sexual assault incident policies. | ||||||
7 | (a) On or before January 1, 2018, every law enforcement | ||||||
8 | agency shall develop, adopt, and implement written policies | ||||||
9 | regarding procedures for incidents of sexual assault or sexual | ||||||
10 | abuse consistent with the guidelines developed under | ||||||
11 | subsection (b) of this Section. In developing these policies, | ||||||
12 | each law enforcement agency is encouraged to consult with other | ||||||
13 | law enforcement agencies, sexual assault advocates, and sexual | ||||||
14 | assault nurse examiners with expertise in recognizing and | ||||||
15 | handling sexual assault and sexual abuse incidents. These | ||||||
16 | policies must include mandatory sexual assault and sexual abuse | ||||||
17 | response training as required in Section 10.21 of the Illinois | ||||||
18 | Police Training Act and Sections 2605-53 and 2605-98 of the | ||||||
19 | Department of State Police Law of the Civil Administrative Code | ||||||
20 | of Illinois. | ||||||
21 | (a-5) On or before January 1, 2021, every law enforcement | ||||||
22 | agency shall revise and implement its written policies | ||||||
23 | regarding procedures for incidents of sexual assault or sexual | ||||||
24 | abuse consistent with the guideline revisions developed under |
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1 | subsection (b-5) of this Section. | ||||||
2 | (b) On or before July 1, 2017, the Office of the Attorney | ||||||
3 | General, in consultation with the Illinois Law Enforcement | ||||||
4 | Training Standards Board and the Department of State Police, | ||||||
5 | shall develop and make available to each law enforcement | ||||||
6 | agency, comprehensive guidelines for creation of a law | ||||||
7 | enforcement agency policy on evidence-based, trauma-informed, | ||||||
8 | victim-centered sexual assault and sexual abuse response and | ||||||
9 | investigation. | ||||||
10 | These guidelines shall include, but not be limited to the | ||||||
11 | following: | ||||||
12 | (1) dispatcher or call taker response; | ||||||
13 | (2) responding officer duties; | ||||||
14 | (3) duties of officers investigating sexual assaults | ||||||
15 | and sexual abuse; | ||||||
16 | (4) supervisor duties; | ||||||
17 | (5) report writing; | ||||||
18 | (6) reporting methods; | ||||||
19 | (7) victim interviews; | ||||||
20 | (8) evidence collection; | ||||||
21 | (9) sexual assault medical forensic examinations; | ||||||
22 | (10) suspect interviews; | ||||||
23 | (11) suspect forensic exams; | ||||||
24 | (12) witness interviews; | ||||||
25 | (13) sexual assault response and resource teams, if | ||||||
26 | applicable; |
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1 | (14) working with victim advocates; | ||||||
2 | (15) working with prosecutors; | ||||||
3 | (16) victims' rights; | ||||||
4 | (17) victim notification; and | ||||||
5 | (18) consideration for specific populations or | ||||||
6 | communities.
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7 | (b-5) On or before January 1, 2020, the Office of the | ||||||
8 | Attorney General, in consultation with the Illinois Law | ||||||
9 | Enforcement Training Standards Board and the Department of | ||||||
10 | State Police, shall revise the comprehensive guidelines | ||||||
11 | developed under subsection (b) to include responding to victims | ||||||
12 | who are under 13 years of age at the time the sexual assault or | ||||||
13 | sexual abuse occurred. | ||||||
14 | (Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17.)
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