Bill Text: IL HB5874 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Department of State Police shall conduct or approve a training program for State police officers concerning procedures against the practice of motorcycle profiling. Amends the Illinois Police Training Act. Provides that the curriculum for probationary police officers which shall be offered by all certified schools shall include courses on motorcycle profiling. Defines "motorcycle profiling".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5874 Detail]

Download: Illinois-2017-HB5874-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5874

Introduced , by Rep. Jerry Costello, II

SYNOPSIS AS INTRODUCED:
20 ILCS 2605/2605-99 new
50 ILCS 705/2 from Ch. 85, par. 502
50 ILCS 705/7 from Ch. 85, par. 507

Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Department of State Police shall conduct or approve a training program for State police officers concerning procedures against the practice of motorcycle profiling. Amends the Illinois Police Training Act. Provides that the curriculum for probationary police officers which shall be offered by all certified schools shall include courses on motorcycle profiling. Defines "motorcycle profiling".
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A BILL FOR

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1 AN ACT concerning law enforcement.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Department of State Police Law of the Civil
5Administrative Code of Illinois is amended by adding Section
62605-99 as follows:
7 (20 ILCS 2605/2605-99 new)
8 Sec. 2605-99. Training; motorcycle profiling. The
9Department shall conduct or approve a training program for
10State police officers concerning procedures against the
11practice of motorcycle profiling. In this Section, "motorcycle
12profiling" means the illegal use of the fact that a person
13rides a motorcycle or wears motorcycle-related paraphernalia
14as a factor in deciding to stop and question, take enforcement
15action, arrest, or search a person or vehicle with or without a
16legal basis under the United States Constitution or Illinois
17Constitution.
18 Section 10. The Illinois Police Training Act is amended by
19changing Sections 2 and 7 as follows:
20 (50 ILCS 705/2) (from Ch. 85, par. 502)
21 Sec. 2. Definitions. As used in this Act, unless the

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1context otherwise requires:
2 "Board" means the Illinois Law Enforcement Training
3Standards Board.
4 "Local governmental agency" means any local governmental
5unit or municipal corporation in this State. It does not
6include the State of Illinois or any office, officer,
7department, division, bureau, board, commission, or agency of
8the State, except that it does include a State-controlled
9university, college or public community college.
10 "Motorcycle profiling" means the illegal use of the fact
11that a person rides a motorcycle or wears motorcycle-related
12paraphernalia as a factor in deciding to stop and question,
13take enforcement action, arrest, or search a person or vehicle
14with or without a legal basis under the United States
15Constitution or Illinois Constitution.
16 "Police training school" means any school located within
17the State of Illinois whether privately or publicly owned which
18offers a course in police or county corrections training and
19has been approved by the Board.
20 "Probationary police officer" means a recruit law
21enforcement officer required to successfully complete initial
22minimum basic training requirements at a police training school
23to be eligible for permanent full-time employment as a local
24law enforcement officer.
25 "Probationary part-time police officer" means a recruit
26part-time law enforcement officer required to successfully

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1complete initial minimum part-time training requirements to be
2eligible for employment on a part-time basis as a local law
3enforcement officer.
4 "Permanent police officer" means a law enforcement officer
5who has completed his or her probationary period and is
6permanently employed on a full-time basis as a local law
7enforcement officer by a participating local governmental unit
8or as a security officer or campus policeman permanently
9employed by a participating State-controlled university,
10college, or public community college.
11 "Part-time police officer" means a law enforcement officer
12who has completed his or her probationary period and is
13employed on a part-time basis as a law enforcement officer by a
14participating unit of local government or as a campus policeman
15by a participating State-controlled university, college, or
16public community college.
17 "Law enforcement officer" means (i) any police officer of a
18local governmental agency who is primarily responsible for
19prevention or detection of crime and the enforcement of the
20criminal code, traffic, or highway laws of this State or any
21political subdivision of this State or (ii) any member of a
22police force appointed and maintained as provided in Section 2
23of the Railroad Police Act.
24 "Recruit" means any full-time or part-time law enforcement
25officer or full-time county corrections officer who is enrolled
26in an approved training course.

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1 "Probationary county corrections officer" means a recruit
2county corrections officer required to successfully complete
3initial minimum basic training requirements at a police
4training school to be eligible for permanent employment on a
5full-time basis as a county corrections officer.
6 "Permanent county corrections officer" means a county
7corrections officer who has completed his probationary period
8and is permanently employed on a full-time basis as a county
9corrections officer by a participating local governmental
10unit.
11 "County corrections officer" means any sworn officer of the
12sheriff who is primarily responsible for the control and
13custody of offenders, detainees or inmates.
14 "Probationary court security officer" means a recruit
15court security officer required to successfully complete
16initial minimum basic training requirements at a designated
17training school to be eligible for employment as a court
18security officer.
19 "Permanent court security officer" means a court security
20officer who has completed his or her probationary period and is
21employed as a court security officer by a participating local
22governmental unit.
23 "Court security officer" has the meaning ascribed to it in
24Section 3-6012.1 of the Counties Code.
25(Source: P.A. 94-846, eff. 1-1-07.)

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1 (50 ILCS 705/7) (from Ch. 85, par. 507)
2 Sec. 7. Rules and standards for schools. The Board shall
3adopt rules and minimum standards for such schools which shall
4include, but not be limited to, the following:
5 a. The curriculum for probationary police officers
6 which shall be offered by all certified schools shall
7 include, but not be limited to, courses of procedural
8 justice, arrest and use and control tactics, search and
9 seizure, including temporary questioning, civil rights,
10 human rights, human relations, cultural competency,
11 including implicit bias and racial and ethnic sensitivity,
12 criminal law, law of criminal procedure, constitutional
13 and proper use of law enforcement authority, motorcycle
14 profiling, vehicle and traffic law including uniform and
15 non-discriminatory enforcement of the Illinois Vehicle
16 Code, traffic control and accident investigation,
17 techniques of obtaining physical evidence, court
18 testimonies, statements, reports, firearms training,
19 training in the use of electronic control devices,
20 including the psychological and physiological effects of
21 the use of those devices on humans, first-aid (including
22 cardiopulmonary resuscitation), training in the
23 administration of opioid antagonists as defined in
24 paragraph (1) of subsection (e) of Section 5-23 of the
25 Alcoholism and Other Drug Abuse and Dependency Act,
26 handling of juvenile offenders, recognition of mental

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1 conditions and crises, including, but not limited to, the
2 disease of addiction, which require immediate assistance
3 and response and methods to safeguard and provide
4 assistance to a person in need of mental treatment,
5 recognition of abuse, neglect, financial exploitation, and
6 self-neglect of adults with disabilities and older adults,
7 as defined in Section 2 of the Adult Protective Services
8 Act, crimes against the elderly, law of evidence, the
9 hazards of high-speed police vehicle chases with an
10 emphasis on alternatives to the high-speed chase, and
11 physical training. The curriculum shall include specific
12 training in techniques for immediate response to and
13 investigation of cases of domestic violence and of sexual
14 assault of adults and children, including cultural
15 perceptions and common myths of sexual assault and sexual
16 abuse as well as interview techniques that are trauma
17 informed, victim centered, and victim sensitive. The
18 curriculum shall include training in techniques designed
19 to promote effective communication at the initial contact
20 with crime victims and ways to comprehensively explain to
21 victims and witnesses their rights under the Rights of
22 Crime Victims and Witnesses Act and the Crime Victims
23 Compensation Act. The curriculum shall also include
24 training in effective recognition of and responses to
25 stress, trauma, and post-traumatic stress experienced by
26 police officers. The curriculum shall also include a block

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1 of instruction aimed at identifying and interacting with
2 persons with autism and other developmental or physical
3 disabilities, reducing barriers to reporting crimes
4 against persons with autism, and addressing the unique
5 challenges presented by cases involving victims or
6 witnesses with autism and other developmental
7 disabilities. The curriculum for permanent police officers
8 shall include, but not be limited to: (1) refresher and
9 in-service training in any of the courses listed above in
10 this subparagraph, (2) advanced courses in any of the
11 subjects listed above in this subparagraph, (3) training
12 for supervisory personnel, and (4) specialized training in
13 subjects and fields to be selected by the board. The
14 training in the use of electronic control devices shall be
15 conducted for probationary police officers, including
16 University police officers.
17 b. Minimum courses of study, attendance requirements
18 and equipment requirements.
19 c. Minimum requirements for instructors.
20 d. Minimum basic training requirements, which a
21 probationary police officer must satisfactorily complete
22 before being eligible for permanent employment as a local
23 law enforcement officer for a participating local
24 governmental agency. Those requirements shall include
25 training in first aid (including cardiopulmonary
26 resuscitation).

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1 e. Minimum basic training requirements, which a
2 probationary county corrections officer must
3 satisfactorily complete before being eligible for
4 permanent employment as a county corrections officer for a
5 participating local governmental agency.
6 f. Minimum basic training requirements which a
7 probationary court security officer must satisfactorily
8 complete before being eligible for permanent employment as
9 a court security officer for a participating local
10 governmental agency. The Board shall establish those
11 training requirements which it considers appropriate for
12 court security officers and shall certify schools to
13 conduct that training.
14 A person hired to serve as a court security officer
15 must obtain from the Board a certificate (i) attesting to
16 his or her successful completion of the training course;
17 (ii) attesting to his or her satisfactory completion of a
18 training program of similar content and number of hours
19 that has been found acceptable by the Board under the
20 provisions of this Act; or (iii) attesting to the Board's
21 determination that the training course is unnecessary
22 because of the person's extensive prior law enforcement
23 experience.
24 Individuals who currently serve as court security
25 officers shall be deemed qualified to continue to serve in
26 that capacity so long as they are certified as provided by

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1 this Act within 24 months of June 1, 1997 (the effective
2 date of Public Act 89-685). Failure to be so certified,
3 absent a waiver from the Board, shall cause the officer to
4 forfeit his or her position.
5 All individuals hired as court security officers on or
6 after June 1, 1997 (the effective date of Public Act
7 89-685) this amendatory Act of 1996 shall be certified
8 within 12 months of the date of their hire, unless a waiver
9 has been obtained by the Board, or they shall forfeit their
10 positions.
11 The Sheriff's Merit Commission, if one exists, or the
12 Sheriff's Office if there is no Sheriff's Merit Commission,
13 shall maintain a list of all individuals who have filed
14 applications to become court security officers and who meet
15 the eligibility requirements established under this Act.
16 Either the Sheriff's Merit Commission, or the Sheriff's
17 Office if no Sheriff's Merit Commission exists, shall
18 establish a schedule of reasonable intervals for
19 verification of the applicants' qualifications under this
20 Act and as established by the Board.
21 g. Minimum in-service training requirements, which a
22 police officer must satisfactorily complete every 3 years.
23 Those requirements shall include constitutional and proper
24 use of law enforcement authority, procedural justice,
25 civil rights, human rights, mental health awareness and
26 response, and cultural competency.

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1 h. Minimum in-service training requirements, which a
2 police officer must satisfactorily complete at least
3 annually. Those requirements shall include law updates and
4 use of force training which shall include scenario based
5 training, or similar training approved by the Board.
6(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,
7eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18;
8100-247, eff. 1-1-18; revised 10-3-17.)
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