Bill Text: IL SB4002 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Police Training Act. Provides that the curriculum for probationary police officers and in-service training shall include instruction on the prevention of positional asphyxiation. Amends the Criminal Code of 2012. Provides that a peace officer shall not use prolonged restraint above the shoulders with risk of positional asphyxiation in the performance of his or her duties, unless deadly force is otherwise justified under the Code. Prohibits the use of prolonged restraint above the shoulders with risk of positional asphyxiation in order to prevent the destruction of evidence by ingestion. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB4002 Detail]

Download: Illinois-2019-SB4002-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB4002 Introduced 1/4/2021, by Sen. Rachelle Crowe SYNOPSIS AS INTRODUCED:
50 ILCS 705/7 from Ch. 85, par. 507
720 ILCS 5/7-5.5
Amends the Illinois Police Training Act. Provides that the curriculum for probationary police officers and in-service training shall include instruction on the prevention of positional asphyxiation. Amends the Criminal Code of 2012. Provides that a peace officer shall not use prolonged restraint above the shoulders with risk of positional asphyxiation in the performance of his or her duties, unless deadly force is otherwise justified under the Code. Prohibits the use of prolonged restraint above the shoulders with risk of positional asphyxiation in order to prevent the destruction of evidence by ingestion. Effective immediately.
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A BILL FOR
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AN ACT concerning police.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Police Training Act is amended by
changing Section 7 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 including
prevention of positional asphyxiation, 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,

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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
Substance Use Disorder 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

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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 that
is consistent with Section 25 of the Illinois Mental Health
First Aid Training Act in a peer setting, including
recognizing signs and symptoms of work-related cumulative
stress, issues that may lead to suicide, and solutions for
intervention with peer support resources. The curriculum
shall include a block of instruction addressing the
mandatory reporting requirements under the Abused and
Neglected Child Reporting Act. 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 shall include
training in the detection and investigation of all forms of
human trafficking. The curriculum shall also include
instruction in trauma-informed responses designed to
ensure the physical safety and well-being of a child of an

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arrested parent or immediate family member; this
instruction must include, but is not limited to: (1)
understanding the trauma experienced by the child while
maintaining the integrity of the arrest and safety of
officers, suspects, and other involved individuals; (2)
de-escalation tactics that would include the use of force
when reasonably necessary; and (3) inquiring whether a
child will require supervision and care. 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

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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

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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) 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

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response, officer wellness, reporting child abuse and
neglect, 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 and prevention of positional asphyxiation, or
similar training approved by the Board.
(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18;
100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.
1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,
eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;
101-564, eff. 1-1-20; revised 9-10-19.)
Section 10. The Criminal Code of 2012 is amended by
changing Section 7-5.5 as follows:
(720 ILCS 5/7-5.5)
Sec. 7-5.5. Prohibited use of force by a peace officer.
(a) A peace officer shall not use a chokehold or prolonged
restraint above the shoulders with risk of positional
asphyxiation in the performance of his or her duties, unless
deadly force is justified under this Article 7 of this Code.
(b) A peace officer shall not use a chokehold, prolonged
restraint above the shoulders with risk of positional
asphyxiation, or any lesser contact with the throat or neck

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area of another, in order to prevent the destruction of
evidence by ingestion.
(c) As used in this Section, "chokehold" means applying any
direct pressure to the throat, windpipe, or airway of another
with the intent to reduce or prevent the intake of air.
"Chokehold" does not include any holding involving contact with
the neck that is not intended to reduce the intake of air.
(d) As used in this Section, "prolonged restraint above the
shoulders with risk of positional asphyxiation" means a
continued use of a technique used to restrain a person above
the shoulders, including the neck or head, in a position that
interferes with the person's ability to breathe after the
person no longer poses a threat to the officer or any other
person.
(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
Section 99. Effective date. This Act takes effect upon
becoming law.