Public Act 100-0910
 
HB5203 EnrolledLRB100 18699 RLC 33931 b


  
    AN ACT concerning law enforcement training.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 1. This Act may be referred to as  Kayla's Law.
 
    Section 5. The Illinois Police Training Act is amended  by 
changing Sections 7 and 10.21 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, 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, 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 Alcoholism and Other Drug Abuse and 
    Dependency 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 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. 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 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 
    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 
    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) this amendatory Act of 1996 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 
    response, 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, or similar training approved by the Board.
(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, 
eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18; 
100-247, eff. 1-1-18; revised 10-3-17.)

 
    (50 ILCS 705/10.21)
    Sec. 10.21. Training; sexual assault and sexual abuse.
    (a) The Illinois Law Enforcement Training Standards Board 
shall conduct or approve training programs in trauma-informed 
responses and investigations of sexual assault and sexual 
abuse, which include, but is not limited to, the following:
        (1) recognizing the symptoms of trauma;
        (2) understanding the role trauma has played in a 
    victim's life;
        (3) responding to the needs and concerns of a victim;
        (4) delivering services in a compassionate, sensitive, 
    and  nonjudgmental manner;
        (5) interviewing techniques in accordance with the 
    curriculum standards in subsection (f) of this Section;
        (6) understanding cultural perceptions and common 
    myths of sexual assault and sexual abuse; and
        (7) report writing techniques in accordance with the 
    curriculum standards in subsection (f) of this Section; and 
        (8) recognizing special sensitivities of victims due 
    to: age, including those under the age of 13; gender; or 
    other qualifications.
    (b) This training must be presented in all full and 
part-time basic law enforcement academies on or before July 1, 
2018.
    (c) Agencies employing law enforcement officers must 
present this training to all law enforcement officers within 3 
years after January 1, 2017 (the effective date of Public Act 
99-801) and must present in-service training on sexual assault 
and sexual abuse response and report writing training 
requirements every 3 years.
    (d) Agencies employing law enforcement officers who 
conduct sexual assault and sexual abuse investigations must 
provide specialized training to these officers on sexual 
assault and sexual abuse investigations within 2 years after 
January 1, 2017 (the effective date of Public Act 99-801) and 
must present in-service training on sexual assault and sexual 
abuse investigations to these officers every 3 years.
    (e) Instructors providing this training shall have 
successfully completed training on evidence-based, 
trauma-informed, victim-centered response to cases of sexual 
assault and sexual abuse and have experience responding to 
sexual assault and sexual abuse cases.
    (f) The Board shall adopt rules, in consultation with the 
Office of the Illinois Attorney General and the Department of 
State Police, to determine the specific training requirements 
for these courses, including, but not limited to, the 
following:
        (1) evidence-based curriculum standards for report 
    writing and immediate response to sexual assault and sexual 
    abuse, including trauma-informed, victim-centered, age 
    sensitive, interview techniques, which have been 
    demonstrated to minimize retraumatization, for 
    probationary police officers and all law enforcement 
    officers; and
        (2) evidence-based curriculum standards for 
    trauma-informed, victim-centered, age sensitive 
    investigation and interviewing techniques, which have been 
    demonstrated to minimize retraumatization, for cases of 
    sexual assault and sexual abuse for law enforcement 
    officers who conduct sexual assault and sexual abuse 
    investigations.

(Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17.)
 
    Section 10. The Sexual Assault Incident Procedure Act is 
amended  by changing Section 15 as follows:
 
    (725 ILCS 203/15)

    Sec. 15. Sexual assault incident policies.
    (a) On or before January 1, 2018, every law enforcement 
agency shall develop, adopt, and implement written policies 
regarding procedures for incidents of sexual assault or sexual 
abuse consistent with the guidelines developed under 
subsection (b) of this Section. In developing these policies, 
each law enforcement agency is encouraged to consult with other 
law enforcement agencies, sexual assault advocates, and sexual 
assault nurse examiners with expertise in recognizing and 
handling sexual assault and sexual abuse incidents.  These 
policies must include mandatory sexual assault and sexual abuse 
response training as required in Section 10.21 of the Illinois 
Police Training Act and Sections 2605-53 and 2605-98 of the 
Department of State Police Law of the Civil Administrative Code 
of Illinois.
    (a-5) On or before January 1, 2021, every law enforcement 
agency shall revise and implement its written policies 
regarding procedures for incidents of sexual assault or sexual 
abuse consistent with the guideline revisions developed under 
subsection (b-5) of this Section. 
    (b) On or before July 1, 2017, the Office of the Attorney 
General, in consultation with the Illinois Law Enforcement 
Training Standards Board and the Department of State Police, 
shall develop and make available to each law enforcement 
agency, comprehensive guidelines for creation of a law 
enforcement agency policy on evidence-based, trauma-informed, 
victim-centered sexual assault and sexual abuse response and 
investigation.
    These guidelines shall include, but not be limited to the 
following:
        (1) dispatcher or call taker response;
        (2) responding officer duties;
        (3) duties of officers investigating sexual assaults 
    and sexual abuse;
        (4) supervisor duties;
        (5) report writing;
        (6) reporting methods;
        (7) victim interviews;
        (8) evidence collection;
        (9) sexual assault medical forensic examinations;
        (10) suspect interviews;
        (11) suspect forensic exams;
        (12) witness interviews;
        (13) sexual assault response and resource teams, if 
    applicable;
        (14) working with victim advocates;
        (15) working with prosecutors;
        (16) victims' rights;
        (17) victim notification; and
        (18) consideration for specific populations or 
    communities.

    (b-5) On or before January 1, 2020, the Office of the 
Attorney General, in consultation with the Illinois Law 
Enforcement Training Standards Board and the Department of 
State Police, shall revise the comprehensive guidelines 
developed under subsection (b) to include responding to victims 
who are under 13 years of age at the time the sexual assault or 
sexual abuse occurred. 
(Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17.)