Rep. William Davis
Filed: 4/23/2018
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1 | AMENDMENT TO HOUSE BILL 5203
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2 | AMENDMENT NO. ______. Amend House Bill 5203, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. This Act may be referred to as Kayla's Law.
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6 | Section 5. The Illinois Police Training Act is amended by | ||||||
7 | changing Sections 7 and 10.21 as follows:
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8 | (50 ILCS 705/7) (from Ch. 85, par. 507)
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9 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
10 | adopt rules and
minimum standards for such schools which shall | ||||||
11 | include , but not be limited to ,
the following:
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12 | a. The curriculum for probationary police officers | ||||||
13 | which shall be
offered by all certified schools shall | ||||||
14 | include , but not be limited to ,
courses of procedural | ||||||
15 | justice, arrest and use and control tactics, search and |
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1 | seizure, including temporary questioning, civil rights, | ||||||
2 | human rights, human relations,
cultural competency, | ||||||
3 | including implicit bias and racial and ethnic sensitivity,
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4 | criminal law, law of criminal procedure, constitutional | ||||||
5 | and proper use of law enforcement authority, vehicle and | ||||||
6 | traffic law including
uniform and non-discriminatory | ||||||
7 | enforcement of the Illinois Vehicle Code,
traffic control | ||||||
8 | and accident investigation, techniques of obtaining
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9 | physical evidence, court testimonies, statements, reports, | ||||||
10 | firearms
training, training in the use of electronic | ||||||
11 | control devices, including the psychological and | ||||||
12 | physiological effects of the use of those devices on | ||||||
13 | humans, first-aid (including cardiopulmonary | ||||||
14 | resuscitation), training in the administration of opioid | ||||||
15 | antagonists as defined in paragraph (1) of subsection (e) | ||||||
16 | of Section 5-23 of the Alcoholism and Other Drug Abuse and | ||||||
17 | Dependency Act, handling of
juvenile offenders, | ||||||
18 | recognition of
mental conditions and crises, including, | ||||||
19 | but not limited to, the disease of addiction, which require | ||||||
20 | immediate assistance and response and methods to
safeguard | ||||||
21 | and provide assistance to a person in need of mental
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22 | treatment, recognition of abuse, neglect, financial | ||||||
23 | exploitation, and self-neglect of adults with disabilities | ||||||
24 | and older adults, as defined in Section 2 of the Adult | ||||||
25 | Protective Services Act, crimes against the elderly, law of | ||||||
26 | evidence, the hazards of high-speed police vehicle
chases |
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1 | with an emphasis on alternatives to the high-speed chase, | ||||||
2 | and
physical training. The curriculum shall include | ||||||
3 | specific training in
techniques for immediate response to | ||||||
4 | and investigation of cases of domestic
violence and of | ||||||
5 | sexual assault of adults and children, including cultural | ||||||
6 | perceptions and common myths of sexual assault and sexual | ||||||
7 | abuse as well as interview techniques that are age | ||||||
8 | sensitive and are trauma informed, victim centered, and | ||||||
9 | victim sensitive. The curriculum shall include
training in | ||||||
10 | techniques designed to promote effective
communication at | ||||||
11 | the initial contact with crime victims and ways to | ||||||
12 | comprehensively
explain to victims and witnesses their | ||||||
13 | rights under the Rights
of Crime Victims and Witnesses Act | ||||||
14 | and the Crime
Victims Compensation Act. The curriculum | ||||||
15 | shall also include training in effective recognition of and | ||||||
16 | responses to stress, trauma, and post-traumatic stress | ||||||
17 | experienced by police officers. The curriculum shall also | ||||||
18 | include a block of instruction aimed at identifying and | ||||||
19 | interacting with persons with autism and other | ||||||
20 | developmental or physical disabilities, reducing barriers | ||||||
21 | to reporting crimes against persons with autism, and | ||||||
22 | addressing the unique challenges presented by cases | ||||||
23 | involving victims or witnesses with autism and other | ||||||
24 | developmental disabilities. The curriculum for
permanent | ||||||
25 | police officers shall include , but not be limited to : (1) | ||||||
26 | refresher
and in-service training in any of the courses |
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1 | listed above in this
subparagraph, (2) advanced courses in | ||||||
2 | any of the subjects listed above in
this subparagraph, (3) | ||||||
3 | training for supervisory personnel, and (4)
specialized | ||||||
4 | training in subjects and fields to be selected by the | ||||||
5 | board. The training in the use of electronic control | ||||||
6 | devices shall be conducted for probationary police | ||||||
7 | officers, including University police officers.
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8 | b. Minimum courses of study, attendance requirements | ||||||
9 | and equipment
requirements.
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10 | c. Minimum requirements for instructors.
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11 | d. Minimum basic training requirements, which a | ||||||
12 | probationary police
officer must satisfactorily complete | ||||||
13 | before being eligible for permanent
employment as a local | ||||||
14 | law enforcement officer for a participating local
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15 | governmental agency. Those requirements shall include | ||||||
16 | training in first aid
(including cardiopulmonary | ||||||
17 | resuscitation).
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18 | e. Minimum basic training requirements, which a | ||||||
19 | probationary county
corrections officer must | ||||||
20 | satisfactorily complete before being eligible for
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21 | permanent employment as a county corrections officer for a | ||||||
22 | participating
local governmental agency.
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23 | f. Minimum basic training requirements which a | ||||||
24 | probationary court
security officer must satisfactorily | ||||||
25 | complete before being eligible for
permanent employment as | ||||||
26 | a court security officer for a participating local
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1 | governmental agency. The Board shall
establish those | ||||||
2 | training requirements which it considers appropriate for | ||||||
3 | court
security officers and shall certify schools to | ||||||
4 | conduct that training.
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5 | A person hired to serve as a court security officer | ||||||
6 | must obtain from the
Board a certificate (i) attesting to | ||||||
7 | his or her successful completion of the
training course; | ||||||
8 | (ii) attesting to his or her satisfactory
completion of a | ||||||
9 | training program of similar content and number of hours | ||||||
10 | that
has been found acceptable by the Board under the | ||||||
11 | provisions of this Act; or
(iii) attesting to the Board's | ||||||
12 | determination that the training
course is unnecessary | ||||||
13 | because of the person's extensive prior law enforcement
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14 | experience.
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15 | Individuals who currently serve as court security | ||||||
16 | officers shall be deemed
qualified to continue to serve in | ||||||
17 | that capacity so long as they are certified
as provided by | ||||||
18 | this Act within 24 months of June 1, 1997 (the effective | ||||||
19 | date of Public Act 89-685). Failure to be so certified, | ||||||
20 | absent a waiver from the
Board, shall cause the officer to | ||||||
21 | forfeit his or her position.
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22 | All individuals hired as court security officers on or | ||||||
23 | after June 1, 1997 ( the effective
date of Public Act | ||||||
24 | 89-685) this amendatory Act of 1996 shall be certified | ||||||
25 | within 12 months of the
date of their hire, unless a waiver | ||||||
26 | has been obtained by the Board, or they
shall forfeit their |
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1 | positions.
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2 | The Sheriff's Merit Commission, if one exists, or the | ||||||
3 | Sheriff's Office if
there is no Sheriff's Merit Commission, | ||||||
4 | shall maintain a list of all
individuals who have filed | ||||||
5 | applications to become court security officers and
who meet | ||||||
6 | the eligibility requirements established under this Act. | ||||||
7 | Either
the Sheriff's Merit Commission, or the Sheriff's | ||||||
8 | Office if no Sheriff's Merit
Commission exists, shall | ||||||
9 | establish a schedule of reasonable intervals for
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10 | verification of the applicants' qualifications under
this | ||||||
11 | Act and as established by the Board.
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12 | g. Minimum in-service training requirements, which a | ||||||
13 | police officer must satisfactorily complete every 3 years. | ||||||
14 | Those requirements shall include constitutional and proper | ||||||
15 | use of law enforcement authority, procedural justice, | ||||||
16 | civil rights, human rights, mental health awareness and | ||||||
17 | response, and cultural competency. | ||||||
18 | h. Minimum in-service training requirements, which a | ||||||
19 | police officer must satisfactorily complete at least | ||||||
20 | annually. Those requirements shall include law updates and | ||||||
21 | use of force training which shall include scenario based | ||||||
22 | training, or similar training approved by the Board. | ||||||
23 | (Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, | ||||||
24 | eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18; | ||||||
25 | 100-247, eff. 1-1-18; revised 10-3-17.)
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1 | (50 ILCS 705/10.21) | ||||||
2 | Sec. 10.21. Training; sexual assault and sexual abuse. | ||||||
3 | (a) The Illinois Law Enforcement Training Standards Board | ||||||
4 | shall conduct or approve training programs in trauma-informed | ||||||
5 | responses and investigations of sexual assault and sexual | ||||||
6 | abuse, which include, but is not limited to, the following: | ||||||
7 | (1) recognizing the symptoms of trauma; | ||||||
8 | (2) understanding the role trauma has played in a | ||||||
9 | victim's life; | ||||||
10 | (3) responding to the needs and concerns of a victim; | ||||||
11 | (4) delivering services in a compassionate, sensitive, | ||||||
12 | and nonjudgmental manner; | ||||||
13 | (5) interviewing techniques in accordance with the | ||||||
14 | curriculum standards in subsection (f) of this Section; | ||||||
15 | (6) understanding cultural perceptions and common | ||||||
16 | myths of sexual assault and sexual abuse; and | ||||||
17 | (7) report writing techniques in accordance with the | ||||||
18 | curriculum standards in subsection (f) of this Section ; and | ||||||
19 | (8) recognizing special sensitivities of victims due | ||||||
20 | to: age, including those under the age of 13; gender; or | ||||||
21 | other qualifications . | ||||||
22 | (b) This training must be presented in all full and | ||||||
23 | part-time basic law enforcement academies on or before July 1, | ||||||
24 | 2018. | ||||||
25 | (c) Agencies employing law enforcement officers must | ||||||
26 | present this training to all law enforcement officers within 3 |
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1 | years after January 1, 2017 (the effective date of Public Act | ||||||
2 | 99-801) and must present in-service training on sexual assault | ||||||
3 | and sexual abuse response and report writing training | ||||||
4 | requirements every 3 years. | ||||||
5 | (d) Agencies employing law enforcement officers who | ||||||
6 | conduct sexual assault and sexual abuse investigations must | ||||||
7 | provide specialized training to these officers on sexual | ||||||
8 | assault and sexual abuse investigations within 2 years after | ||||||
9 | January 1, 2017 (the effective date of Public Act 99-801) and | ||||||
10 | must present in-service training on sexual assault and sexual | ||||||
11 | abuse investigations to these officers every 3 years. | ||||||
12 | (e) Instructors providing this training shall have | ||||||
13 | successfully completed training on evidence-based, | ||||||
14 | trauma-informed, victim-centered response to cases of sexual | ||||||
15 | assault and sexual abuse and have experience responding to | ||||||
16 | sexual assault and sexual abuse cases. | ||||||
17 | (f) The Board shall adopt rules, in consultation with the | ||||||
18 | Office of the Illinois Attorney General and the Department of | ||||||
19 | State Police, to determine the specific training requirements | ||||||
20 | for these courses, including, but not limited to, the | ||||||
21 | following: | ||||||
22 | (1) evidence-based curriculum standards for report | ||||||
23 | writing and immediate response to sexual assault and sexual | ||||||
24 | abuse, including trauma-informed, victim-centered , age | ||||||
25 | sensitive, interview techniques, which have been | ||||||
26 | demonstrated to minimize retraumatization, for |
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1 | probationary police officers and all law enforcement | ||||||
2 | officers; and | ||||||
3 | (2) evidence-based curriculum standards for | ||||||
4 | trauma-informed, victim-centered , age sensitive | ||||||
5 | investigation and interviewing techniques, which have been | ||||||
6 | demonstrated to minimize retraumatization, for cases of | ||||||
7 | sexual assault and sexual abuse for law enforcement | ||||||
8 | officers who conduct sexual assault and sexual abuse | ||||||
9 | investigations.
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10 | (Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17.)
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11 | Section 10. The Sexual Assault Incident Procedure Act is | ||||||
12 | amended by changing Section 15 as follows:
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13 | (725 ILCS 203/15)
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14 | Sec. 15. Sexual assault incident policies. | ||||||
15 | (a) On or before January 1, 2018, every law enforcement | ||||||
16 | agency shall develop, adopt, and implement written policies | ||||||
17 | regarding procedures for incidents of sexual assault or sexual | ||||||
18 | abuse consistent with the guidelines developed under | ||||||
19 | subsection (b) of this Section. In developing these policies, | ||||||
20 | each law enforcement agency is encouraged to consult with other | ||||||
21 | law enforcement agencies, sexual assault advocates, and sexual | ||||||
22 | assault nurse examiners with expertise in recognizing and | ||||||
23 | handling sexual assault and sexual abuse incidents. These | ||||||
24 | policies must include mandatory sexual assault and sexual abuse |
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1 | response training as required in Section 10.21 of the Illinois | ||||||
2 | Police Training Act and Sections 2605-53 and 2605-98 of the | ||||||
3 | Department of State Police Law of the Civil Administrative Code | ||||||
4 | of Illinois. | ||||||
5 | (a-5) On or before January 1, 2021, every law enforcement | ||||||
6 | agency shall revise and implement its written policies | ||||||
7 | regarding procedures for incidents of sexual assault or sexual | ||||||
8 | abuse consistent with the guideline revisions developed under | ||||||
9 | subsection (b-5) of this Section. | ||||||
10 | (b) On or before July 1, 2017, the Office of the Attorney | ||||||
11 | General, in consultation with the Illinois Law Enforcement | ||||||
12 | Training Standards Board and the Department of State Police, | ||||||
13 | shall develop and make available to each law enforcement | ||||||
14 | agency, comprehensive guidelines for creation of a law | ||||||
15 | enforcement agency policy on evidence-based, trauma-informed, | ||||||
16 | victim-centered sexual assault and sexual abuse response and | ||||||
17 | investigation. | ||||||
18 | These guidelines shall include, but not be limited to the | ||||||
19 | following: | ||||||
20 | (1) dispatcher or call taker response; | ||||||
21 | (2) responding officer duties; | ||||||
22 | (3) duties of officers investigating sexual assaults | ||||||
23 | and sexual abuse; | ||||||
24 | (4) supervisor duties; | ||||||
25 | (5) report writing; | ||||||
26 | (6) reporting methods; |
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1 | (7) victim interviews; | ||||||
2 | (8) evidence collection; | ||||||
3 | (9) sexual assault medical forensic examinations; | ||||||
4 | (10) suspect interviews; | ||||||
5 | (11) suspect forensic exams; | ||||||
6 | (12) witness interviews; | ||||||
7 | (13) sexual assault response and resource teams, if | ||||||
8 | applicable; | ||||||
9 | (14) working with victim advocates; | ||||||
10 | (15) working with prosecutors; | ||||||
11 | (16) victims' rights; | ||||||
12 | (17) victim notification; and | ||||||
13 | (18) consideration for specific populations or | ||||||
14 | communities.
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15 | (b-5) On or before January 1, 2020, the Office of the | ||||||
16 | Attorney General, in consultation with the Illinois Law | ||||||
17 | Enforcement Training Standards Board and the Department of | ||||||
18 | State Police, shall revise the comprehensive guidelines | ||||||
19 | developed under subsection (b) to include responding to victims | ||||||
20 | who are under 13 years of age at the time the sexual assault or | ||||||
21 | sexual abuse occurred. | ||||||
22 | (Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17.)".
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