Bill Amendment: IL HB2766 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: SUICIDE-FIRST RESPONDERS

Status: 2019-08-16 - Public Act . . . . . . . . . 101-0375 [HB2766 Detail]

Download: Illinois-2019-HB2766-House_Amendment_002.html

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Rep. Frances Ann Hurley

Filed: 3/27/2019

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AMENDMENT TO HOUSE BILL 2766
AMENDMENT NO. ______. Amend House Bill 2766 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the First
Responders Suicide Prevention Act.
Section 5. Definitions. In this Act:
"Emergency services provider" means any public employer
that employs persons to provide firefighting services.
"Emergency services personnel" means any employee of an
emergency services provider who is engaged in providing fire
fighting services.
"Employee assistance program" means a program established
by a law enforcement agency, emergency services provider,
union, or other entity providing counseling support,
referrals, information, or other social services to public
safety personnel or emergency services personnel.

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"Law enforcement agency" means any county sheriff,
municipal police department, police department established by
a university, Department of State Police, Department of
Corrections, Department of Children and Family Services,
Division of Probation Services of the Supreme Court, the Office
of the Statewide 9-1-1 Administrator, and other local or county
agency comprised of county probation officers, corrections
employees, or 9-1-1 telecommunicators or emergency medical
dispatchers.
"Peer support counseling session" means communication with
a counselor through an employee assistance program or a trained
peer support counselor designated by the emergency services
provider or law enforcement agency.
"Public safety personnel" means any employee of a law
enforcement agency.
Section 10. Establishment of employee assistance program;
applicability. An emergency services provider, law enforcement
agency, union, or other entity providing counseling support,
referrals, information, or other social services to public
safety personnel or emergency services personnel that creates
an employee assistance program is subject to this Act. This Act
also applies to peer support counseling sessions conducted by
an employee or other person who: (1) has been designated by a
law enforcement agency or emergency services provider or by an
employee assistance program to act as a counselor; and (2) has

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received training in counseling to provide emotional and moral
support to public safety personnel or emergency services
personnel who have been involved in emotionally traumatic
incidents by reason of their employment that may affect their
ability to execute their respective duties. An emergency
services provider or law enforcement agency shall give
appropriate training in counseling to provide emotional and
moral support to persons designated as a peer support
counselor. Emergency services personnel and public safety
personnel may refer any person to an employee assistance
program or peer support counselor within the emergency services
provider or law enforcement agency, or if those services are
not available within the agency, to another employee assistance
program or peer support counseling program that is available.
Section 20. Confidentiality; exemptions.
(a) Any communication made by a participant or counselor in
a peer support counseling session conducted by a law
enforcement agency or by an emergency services provider for
public safety personnel or emergency services personnel and any
oral or written information conveyed in the peer support
counseling session is confidential and may not be disclosed by
any person participating in the peer support counseling session
and shall not be released to any person or entity.
(b) Any communication relating to a peer support counseling
session made confidential under this Section that is made

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between counselors, between counselors and the supervisors or
staff of an employee assistance program, or between the
supervisor or staff of an employee assistance program, is
confidential and may not be disclosed.
(c) This Section does not prohibit any communications
between counselors who conduct peer support counseling
sessions or any communications between counselors and the
supervisors or staff of an employee assistance program.
(d) This Section does not apply to:
(1) any threat of suicide or homicide made by a
participant in a peer counseling session or any information
conveyed in a peer support counseling session related to a
threat of suicide or homicide;
(2) any information relating to the abuse of children
or of the elderly or other information that is required to
be reported by law; or
(3) any admission of criminal conduct.
(e) All communications, notes, records, and reports
arising out of a peer support counseling session are not
subject to disclosure under Section 7.5 of the Freedom of
Information Act.
(f) A cause of action exists for public safety personnel or
emergency services personnel if the emergency services
provider or law enforcement agency uses confidential
information obtained during a confidential peer support
counseling session conducted by a law enforcement agency or by

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an emergency services provider for an adverse employment action
against the participant.
Section 25. Judicial proceedings. Any oral communication
or written information made or conveyed by a participant or
counselor in a peer support session, including an employee
assistance program, is not admissible in any judicial
proceeding, arbitration proceeding, or other adjudicatory
proceeding, except to the extent necessary in an action
described in subsection (f) of Section 20.
Section 105. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation

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Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a local

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emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the Capital
Crimes Litigation Act. This subsection (n) shall apply
until the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior
to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and

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Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from
the Illinois Health Information Exchange, and identified
or deidentified health information in the form of health
data and medical records of the Illinois Health Information
Exchange in the possession of the Illinois Health
Information Exchange Authority due to its administration
of the Illinois Health Information Exchange. The terms
"identified" and "deidentified" shall be given the same
meaning as in the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, or any

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subsequent amendments thereto, and any regulations
promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed Carry
Licensing Review Board under the Firearm Concealed Carry
Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated

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decision of abuse, neglect, or financial exploitation of an
eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.

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(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day and
temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) (ll) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) (ll) Information that is exempt from disclosure
under Section 70 of the Higher Education Student Assistance
Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session prohibited
from disclosure under the First Responders Suicide
Prevention Act.
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.

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8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
10-12-18.)
Section 107. The Department of Natural Resources Act is
amended by adding Section 1-31 as follows:
(20 ILCS 801/1-31 new)
Sec. 1-31. Possession of a Firearm Owner's Identification
Card. The Department shall not make possession of a Firearm
Owner's Identification Card a condition of continued
employment if the Conservation Police officer's Firearm
Owner's Identification Card is revoked or seized because the
Conservation Police officer has been a patient of a mental
health facility and the Conservation Police officer has not
been determined to pose a clear and present danger to himself,
herself, or others as determined by a physician, clinical
psychologist, or qualified examiner. Nothing is this Section
shall otherwise impair an employer's ability to determine a
Conservation Police officer's fitness for duty. A collective
bargaining agreement already in effect on this issue on the
effective date of this amendatory Act of the 101st General
Assembly cannot be modified, but on or after the effective date
of this amendatory Act of the 101st General Assembly, the
employer cannot require a Firearm Owner's Identification Card

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as a condition of continued employment in a collective
bargaining agreement. The employer shall document if and why a
Conservation Police officer has been determined to pose a clear
and present danger.
Section 110. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by adding
Sections 2605-99 and 2605-610 as follows:
(20 ILCS 2605/2605-99 new)
Sec. 2605-99. Training; suicide prevention. The Department
shall conduct or approve a 2-day in-service training program
for law enforcement officers that includes job-related stress
management and suicide prevention that is consistent with
Section 25 of the Illinois Mental Health First Aid Training Act
in a peer setting. The in-service training program shall
include training for law enforcement officers to recognize
signs of work-related cumulative stress of peers and other
related issues that may lead to stress, trauma, or suicide.
This in-service training program shall be completed every 2
years by each local law enforcement officer. The Board shall
establish the training program on or before January 1, 2021.
(20 ILCS 2605/2605-610 new)
Sec. 2605-610. Possession of a Firearm Owner's
Identification Card. The Department shall not make possession

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of a Firearm Owner's Identification Card a condition of
continued employment if the State Police officer's Firearm
Owner's Identification Card is revoked or seized because the
State Police officer has been a patient of a mental health
facility and the State Police officer has not been determined
to pose a clear and present danger to himself, herself, or
others as determined by a physician, clinical psychologist, or
qualified examiner. Nothing is this Section shall otherwise
impair an employer's ability to determine a State Police
officer's fitness for duty. A collective bargaining agreement
already in effect on this issue on the effective date of this
amendatory Act of the 101st General Assembly cannot be
modified, but on or after the effective date of this amendatory
Act of the 101st General Assembly, the employer cannot require
a Firearm Owner's Identification Card as a condition of
continued employment in a collective bargaining agreement. The
employer shall document if and why a State Police officer has
been determined to pose a clear and present danger.
Section 115. The Illinois Police Training Act is amended by
changing Section 7 and adding Section 10.17-2 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:

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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 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

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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 that
is consistent with Section 25 of the Illinois Mental Health
First Aid Training Act in a peer setting. 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,

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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

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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.

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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
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.

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(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; 100-759, eff. 1-1-19; 100-863, eff.
8-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)
(50 ILCS 705/10.17-2 new)
Sec. 10.17-2. Training; suicide prevention. The Board
shall conduct or approve a 2-day in-service training program
for law enforcement officers that includes job-related stress
management and suicide prevention that is consistent with
Section 25 of the Illinois Mental Health First Aid Training Act
in a peer setting. The in-service training program shall
include training for law enforcement officers to recognize
signs of work-related cumulative stress of peers and other
related issues that may lead to stress, trauma, or suicide.
This in-service training program shall be completed every 2
years by each local law enforcement officer. The Board shall
establish the training program on or before January 1, 2021.
Section 117. The Uniform Peace Officers' Disciplinary Act
is amended by changing Section 7.2 as follows:
(50 ILCS 725/7.2)
Sec. 7.2. Possession of a Firearm Owner's Identification
Card. An employer of an officer shall not make possession of a
Firearm Owner's Identification Card a condition of continued

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employment if the officer's Firearm Owner's Identification
Card is revoked or seized because the officer has been a
patient of a mental health facility and the officer has not
been determined to pose a clear and present danger to himself,
herself, or others as determined by a physician, clinical
psychologist, or qualified examiner. Nothing is this Section
shall otherwise impair an employer's ability to determine an
officer's fitness for duty. On and after the effective date of
this amendatory Act of the 100th General Assembly, Section 6 of
this Act shall not apply to the prohibition requiring a Firearm
Owner's Identification Card as a condition of continued
employment, but a collective bargaining agreement already in
effect on that issue on the effective date of this amendatory
Act of the 100th General Assembly cannot be modified. The
employer shall document if and why an officer has been
determined to pose a clear and present danger.
(Source: P.A. 100-911, eff. 8-17-18.)
Section 120. The Illinois Fire Protection Training Act is
amended by changing Section 8 and adding Section 12.2 as
follows:
(50 ILCS 740/8) (from Ch. 85, par. 538)
Sec. 8. Rules and minimum standards for schools. The Office
shall adopt rules and minimum standards for such schools which
shall include but not be limited to the following:

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a. Minimum courses of study, resources, facilities,
apparatus, equipment, reference material, established
records and procedures as determined by the Office.
b. Minimum requirements for instructors.
c. Minimum basic training requirements, which a
trainee must satisfactorily complete before being eligible
for permanent employment as a firefighter fire fighter in
the fire department of a participating local governmental
agency. Those requirements shall include training in first
aid (including cardiopulmonary resuscitation) and 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.
d. Training in effective recognition of and responses
to stress, trauma, and post-traumatic stress experienced
by firefighters that is consistent with Section 25 of the
Illinois Mental Health First Aid Training Act in a peer
setting.
(Source: P.A. 99-480, eff. 9-9-15; 100-759, eff. 1-1-19.)
(50 ILCS 740/12.2 new)
Sec. 12.2. Training; suicide prevention. The Office shall
conduct or approve a 2-day in-service training program for
permanent fire protection personnel that includes job-related
stress management and suicide prevention that is consistent
with Section 25 of the Illinois Mental Health First Aid

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Training Act in a peer setting. The in-service training program
shall include training for permanent fire protection personnel
to recognize signs of work-related cumulative stress of peers
and other related issues that may lead to stress, trauma, or
suicide. This in-service training program shall be completed
every 2 years by each firefighter. The Board shall establish
the training program on or before January 1, 2021.
Section 130. The Counties Code is amended by adding
Sections 3-6012.2 and 3-6050 as follows:
(55 ILCS 5/3-6012.2 new)
Sec. 3-6012.2. Mental health specialists; sheriff's
offices. For every 1,000 persons a sheriff's office employees,
that sheriff's office shall employ at least one mental health
specialist.
(55 ILCS 5/3-6050 new)
Sec. 3-6050. Possession of a Firearm Owner's
Identification Card. An employer of a law enforcement officer
shall not make possession of a Firearm Owner's Identification
Card a condition of continued employment if the law enforcement
officer's Firearm Owner's Identification Card is revoked or
seized because the law enforcement officer has been a patient
of a mental health facility and the law enforcement officer has
not been determined to pose a clear and present danger to

10100HB2766ham002 - 24 - LRB101 09370 RLC 58754 a
himself, herself, or others as determined by a physician,
clinical psychologist, or qualified examiner. Nothing is this
Section shall otherwise impair an employer's ability to
determine a law enforcement officer's fitness for duty. A
collective bargaining agreement already in effect on this issue
on the effective date of this amendatory Act of the 101st
General Assembly cannot be modified, but on or after the
effective date of this amendatory Act of the 101st General
Assembly, the employer cannot require a Firearm Owner's
Identification Card as a condition of continued employment in a
collective bargaining agreement. The employer shall document
if and why a law enforcement officer has been determined to
pose a clear and present danger.
Section 135. The Illinois Municipal Code is amended by
adding Sections 11-1-14 and 11-6-11 as follows:
(65 ILCS 5/11-1-14 new)
Sec. 11-1-14. Mental health specialists; police. The
corporate authorities of each municipality which has
established a police department shall require the employment of
at least one mental health specialist for every 1,000 persons
employed.
(65 ILCS 5/11-6-11 new)
Sec. 11-6-11. Mental health specialists; fire. The

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corporate authorities of each municipality which has
established firefighting services shall require the employment
of at least one mental health specialist for every 1,000
persons employed.
Section 140. The Probation and Probation Officers Act is
amended by adding Section 19 as follows:
(730 ILCS 110/19 new)
Sec. 19. Possession of a Firearm Owner's Identification
Card. An employer of a probation officer shall not make
possession of a Firearm Owner's Identification Card a condition
of continued employment if the probation officer's Firearm
Owner's Identification Card is revoked or seized because the
probation officer has been a patient of a mental health
facility and the officer has not been determined to pose a
clear and present danger to himself, herself, or others as
determined by a physician, clinical psychologist, or qualified
examiner. Nothing is this Section shall otherwise impair an
employer's ability to determine a probation officer's fitness
for duty. A collective bargaining agreement already in effect
on this issue on the effective date of this amendatory Act of
the 101st General Assembly cannot be modified, but on or after
the effective date of this amendatory Act of the 101st General
Assembly, the employer cannot require a Firearm Owner's
Identification Card as a condition of continued employment in a

10100HB2766ham002 - 26 - LRB101 09370 RLC 58754 a
collective bargaining agreement. The employer shall document
if and why a probation officer has been determined to pose a
clear and present danger.
Section 999. Effective date. This Act takes effect January
1, 2020.".