Sen. Terry Link
Filed: 4/4/2019
 
 


 




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1
AMENDMENT TO SENATE BILL 730




2 AMENDMENT NO. ______. Amend Senate Bill 730 by replacing 
3everything after the enacting clause with the following:


4 "Section 1. Short title. This Act may be cited as the First 
5Responders Suicide Prevention Act.

6 Section 5. Legislative findings. The General Assembly 
7finds that:
8 (1) This State's first responders are tasked with work that 
9is highly stressful if one continually faces the impact of 
10murder, violence, accidents, serious injury, and death. The day 
11in and day out impact of these situations wreak havoc 
12personally and professionally on those who serve their 
13communities. Work as a first responder is a combination of 
14extreme boredom with incidents of mind-numbing terror. No 
15person, no matter how highly trained or well-adjusted, is 
16immune to the long-term impact of cumulative stress or sudden 
 
 
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1critical incidents.
2 (2) Since September 11, 2001, the role of first responders 
3has changed dramatically. First responders have become the 
4teachers, advocates, counselors, enforcement, and safety to 
5those they serve, yet year after year, police and firefighters 
6always rank at the top for the most stressful jobs in this 
7country. The demands of shift work, change in politics and 
8public policy, and having to make life changing decisions 
9within seconds are all contributing factors in the mental 
10health and welfare of our public servants. Alcoholism, divorce, 
11depression, post-traumatic stress disorder (PTSD), 
12stress-related health issues, and suicide among first 
13responders are constantly well above the national average. The 
14health and well-being of first responders not only affect the 
15officer or firefighter, but those who work closely around the 
16first responder and the public he or she serves and protects.
17 (3) The purpose of this Act is to allow agencies to train 
18personnel in peer counseling. This allows firefighters and law 
19enforcement officers to have access to trained persons within 
20their respective fields to speak to and seek guidance during 
21difficult and challenging times in their careers and lives. 
22Most first responders feel comfortable speaking to others 
23within their profession that have experienced similar 
24situations. Allowing this type of counseling gives public 
25servants the ability to seek help during trying times with the 
26confidence of knowing their issue is held in confidence with 
 
 
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1someone who understands. No longer should these public servants 
2have to suffer in silence.
3 (4) Maintaining an emotional and mentally healthy class of 
4first responders should be a priority goal to achieve. Healthy 
5police make better decisions, increase productivity, create 
6better work environments, and respond to society in a much more 
7open and effective manner.

8 Section 10. Definitions. In this Act:
9 "Emergency services provider" means any public employer 
10that employs persons to provide firefighting services.
11 "Emergency services personnel" means any employee of an 
12emergency services provider who is engaged in providing 
13firefighting services.
14 "Employee assistance program" means a program established 
15by a law enforcement agency or emergency services provider to 
16provide counseling support services to employees of the law 
17enforcement agency or emergency services provider, including 
18peer support counselors who have received training in 
19counseling and moral support.
20 "Law enforcement agency" means any county sheriff, 
21municipal police department, police department established by 
22a university, Department of State Police, Department of 
23Corrections, Department of Children and Family Services, 
24Division of Probation Services of the Supreme Court, the Office 
25of the Statewide 9-1-1 Administrator, and other local or county 
 
 
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1agency comprised of county probation officers, corrections 
2employees, or 9-1-1 telecommunicators or emergency medical 
3dispatchers.
4 "Peer support counseling session" means communication with 
5a counselor through an employee assistance program or a trained 
6peer support counselor designated by the emergency services 
7provider or law enforcement agency.
8 "Public safety personnel" means any employee of a law 
9enforcement agency.

10 Section 15. Establishment of employee assistance program; 
11applicability. 
12 (a) This Act applies to peer support counseling sessions 
13conducted by an employee or other person who:
14  (1) has been designated by a law enforcement agency or 
15 emergency services provider or by an employee assistance 
16 program to act as a counselor; and
17  (2) has received training in counseling to provide 
18 emotional and moral support to public safety personnel or 
19 emergency services personnel who have been involved in 
20 emotionally traumatic incidents by reason of their 
21 employment that may affect their ability to execute their 
22 respective duties.
23 (b) An emergency services provider or law enforcement 
24agency may establish an employee assistance program to assist 
25emergency services personnel and public safety personnel, 
 
 
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1including designating a person within the emergency services 
2provider or law enforcement agency to act as a peer support 
3counselor. An emergency services provider or law enforcement 
4agency shall give appropriate training in counseling to provide 
5emotional and moral support to persons designated as a peer 
6support counselor. Emergency services personnel and public 
7safety personnel may refer any person to an employee assistance 
8program or peer support counselor within the emergency services 
9provider or law enforcement agency, or if those services are 
10not available within the agency, to another employee assistance 
11program or peer support counseling program that is available.

12 Section 20. Confidentiality; exemptions. 
13 (a) Any communication made by a participant or counselor in 
14a peer support counseling session conducted by a law 
15enforcement agency or by an emergency services provider for 
16public safety personnel or emergency services personnel and any 
17oral or written information conveyed in the peer support 
18counseling session is confidential and may not be disclosed by 
19any person participating in the peer support counseling 
20session.
21 (b) Any communication relating to a peer support counseling 
22session made confidential under this Section that is made 
23between counselors, between counselors and the supervisors or 
24staff of an employee assistance program, or between the 
25supervisor or staff of an employee assistance program, is 
 
 
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1confidential and may not be disclosed.
2 (c) This Section does not prohibit any communications 
3between counselors who conduct peer support counseling 
4sessions or any communications between counselors and the 
5supervisors or staff of an employee assistance program. 
6 (d) This Section does not apply to: 
7  (1) any threat of suicide or homicide made by a 
8 participant in a peer counseling session or any information 
9 conveyed in a peer support counseling session related to a 
10 threat of suicide or homicide;
11  (2) any information relating to the abuse of children 
12 or of the elderly or other information that is required to 
13 be reported by law; or
14  (3) any admission or knowledge of criminal conduct.
15 (e) All communications, notes, records, and reports 
16arising out of a peer support counseling session shall be 
17exempt from inspection and copying under the Freedom of 
18Information Act. 
19 (f) A cause of action exists for public safety personnel or

20emergency services personnel if the emergency services

21provider or law enforcement agency uses confidential

22information obtained during a confidential peer support

23counseling session conducted by a law enforcement agency or by

24an emergency services provider for an adverse employment action

25against the participant.


 
 
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1 Section 25. Judicial proceedings. 
2 (a) Any oral communication or written information made or 
3conveyed by a participant or counselor in a peer support 
4session, including an employee assistance program, is not 
5admissible in any judicial proceeding, arbitration proceeding, 
6or other adjudicatory proceeding, except to the extent 
7necessary in an action
described in subsection (f) of Section 
820 or if related to information obtained under subsection (d) 
9of Section 20.
10 (b) Nothing in this Section limits the discovery or 
11introduction into evidence, knowledge acquired by any public 
12safety personnel or emergency services personnel from 
13observations made during the course of employment or material 
14or information acquired during the course of employment that is 
15otherwise subject to discovery in evidence.

16 Section 110. The Department of State Police Law of the

17Civil Administrative Code of Illinois is amended by adding 
18Section 2605-99 as follows:

19 (20 ILCS 2605/2605-99 new)
20 Sec. 2605-99. Training; suicide prevention. The 
21Department, in consultation with a statewide association that 
22represents public pension funds under Article 3 and Article 4 
23of the Illinois Pension Code, shall conduct or approve a 2-day 
24in-service training program for State Police officers in 
 
 
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1job-related stress management and suicide prevention. The 
2in-service training program shall train State Police officers 
3to recognize signs of work-related cumulative stress and other 
4related issues that may lead to suicide and offer appropriate 
5solutions for intervention. This in-service training program 
6shall be completed every 2 years by each State Police officer. 
7The Department shall establish the training program on or 
8before January 1, 2020.

9 Section 115. The Illinois Police Training Act is amended by 
10changing Section 7 and by adding Section 10.17-2 as follows:



11 (50 ILCS 705/7) (from Ch. 85, par. 507)



12 Sec. 7. Rules and standards for schools. The Board shall 
13adopt rules and
minimum standards for such schools which shall 
14include, but not be limited to,
the following:

15  a. The curriculum for probationary police officers 
16 which shall be
offered by all certified schools shall 
17 include, but not be limited to,
courses of procedural 
18 justice, arrest and use and control tactics, search and 
19 seizure, including temporary questioning, civil rights, 
20 human rights, human relations,
cultural competency, 
21 including implicit bias and racial and ethnic sensitivity,

22 criminal law, law of criminal procedure, constitutional 
23 and proper use of law enforcement authority, vehicle and 
24 traffic law including
uniform and non-discriminatory 
 
 
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1 enforcement of the Illinois Vehicle Code,
traffic control 
2 and accident investigation, techniques of obtaining

3 physical evidence, court testimonies, statements, reports, 
4 firearms
training, training in the use of electronic 
5 control devices, including the psychological and 
6 physiological effects of the use of those devices on 
7 humans, first-aid (including cardiopulmonary 
8 resuscitation), training in the administration of opioid 
9 antagonists as defined in paragraph (1) of subsection (e) 
10 of Section 5-23 of the Substance Use Disorder Act, handling 
11 of
juvenile offenders, recognition of
mental conditions 
12 and crises, including, but not limited to, the disease of 
13 addiction, which require immediate assistance and response 
14 and methods to
safeguard and provide assistance to a person 
15 in need of mental
treatment, recognition of abuse, neglect, 
16 financial exploitation, and self-neglect of adults with 
17 disabilities and older adults, as defined in Section 2 of 
18 the Adult Protective Services Act, crimes against the 
19 elderly, law of evidence, the hazards of high-speed police 
20 vehicle
chases with an emphasis on alternatives to the 
21 high-speed chase, and
physical training. The curriculum 
22 shall include specific training in
techniques for 
23 immediate response to and investigation of cases of 
24 domestic
violence and of sexual assault of adults and 
25 children, including cultural perceptions and common myths 
26 of sexual assault and sexual abuse as well as interview 
 
 
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1 techniques that are age sensitive and are trauma informed, 
2 victim centered, and victim sensitive. The curriculum 
3 shall include
training in techniques designed to promote 
4 effective
communication at the initial contact with crime 
5 victims and ways to comprehensively
explain to victims and 
6 witnesses their rights under the Rights
of Crime Victims 
7 and Witnesses Act and the Crime
Victims Compensation Act. 
8 The curriculum shall also include training in effective 
9 recognition of and responses to stress, trauma, and 
10 post-traumatic stress experienced by police officers. The 
11 curriculum shall also include a block of instruction aimed 
12 at identifying and interacting with persons with autism and 
13 other developmental or physical disabilities, reducing 
14 barriers to reporting crimes against persons with autism, 
15 and addressing the unique challenges presented by cases 
16 involving victims or witnesses with autism and other 
17 developmental disabilities. The curriculum for
permanent 
18 police officers shall include, but not be limited to: (1) 
19 refresher
and in-service training in any of the courses 
20 listed above in this
subparagraph, (2) advanced courses in 
21 any of the subjects listed above in
this subparagraph, (3) 
22 training for supervisory personnel, and (4)
specialized 
23 training in subjects and fields to be selected by the 
24 board. The training in the use of electronic control 
25 devices shall be conducted for probationary police 
26 officers, including University police officers.

 
 
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1  b. Minimum courses of study, attendance requirements 
2 and equipment
requirements.

3  c. Minimum requirements for instructors.

4  d. Minimum basic training requirements, which a 
5 probationary police
officer must satisfactorily complete 
6 before being eligible for permanent
employment as a local 
7 law enforcement officer for a participating local

8 governmental agency. Those requirements shall include 
9 training in first aid
(including cardiopulmonary 
10 resuscitation).

11  e. Minimum basic training requirements, which a 
12 probationary county
corrections officer must 
13 satisfactorily complete before being eligible for

14 permanent employment as a county corrections officer for a 
15 participating
local governmental agency.

16  f. Minimum basic training requirements which a 
17 probationary court
security officer must satisfactorily 
18 complete before being eligible for
permanent employment as 
19 a court security officer for a participating local

20 governmental agency. The Board shall
establish those 
21 training requirements which it considers appropriate for 
22 court
security officers and shall certify schools to 
23 conduct that training. 

24  A person hired to serve as a court security officer 
25 must obtain from the
Board a certificate (i) attesting to 
26 his or her successful completion of the
training course; 
 
 
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1 (ii) attesting to his or her satisfactory
completion of a 
2 training program of similar content and number of hours 
3 that
has been found acceptable by the Board under the 
4 provisions of this Act; or
(iii) attesting to the Board's 
5 determination that the training
course is unnecessary 
6 because of the person's extensive prior law enforcement

7 experience.

8  Individuals who currently serve as court security 
9 officers shall be deemed
qualified to continue to serve in 
10 that capacity so long as they are certified
as provided by 
11 this Act within 24 months of June 1, 1997 (the effective 
12 date of Public Act 89-685). Failure to be so certified, 
13 absent a waiver from the
Board, shall cause the officer to 
14 forfeit his or her position.

15  All individuals hired as court security officers on or 
16 after June 1, 1997 (the effective
date of Public Act 
17 89-685) shall be certified within 12 months of the
date of 
18 their hire, unless a waiver has been obtained by the Board, 
19 or they
shall forfeit their positions.

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

2 verification of the applicants' qualifications under
this 
3 Act and as established by the Board.

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, officer wellness, 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, 
16eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18; 
17100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff. 
188-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)


19 (50 ILCS 705/10.17-2 new)
20 Sec. 10.17-2. Training; suicide prevention. The Board, in 
21consultation with a statewide association that represents 
22public pension funds under Article 3 and Article 4 of the 
23Illinois Pension Code, shall conduct or approve an in-service 
24training program for law enforcement officers in job-related 
25stress management and suicide prevention. The in-service 
 
 
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1training program shall train law enforcement officers of local 
2government agencies to recognize signs of work-related 
3cumulative stress and other related issues that may lead to 
4suicide and offer appropriate solutions for intervention. This 
5in-service training program shall be completed every 3 years by 
6each local law enforcement officer. The Board shall establish 
7the training program on or before January 1, 2020.


8 Section 999. Effective date. This Act takes effect upon 
9becoming law.".