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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. | 
| 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.) | 
| 11 |  |  Section 10. The Sexual Assault Incident Procedure Act is  | 
| 12 |  | amended by changing Section 15 as follows: | 
| 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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