HB1095 Engrossed LRB102 03109 RLC 13122 b
1		AN ACT concerning criminal law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Illinois State Police Law of the Civil
5		Administrative Code of Illinois is amended by changing Section
6		2605-51 as follows:
7		(20 ILCS 2605/2605-51)
8		Sec. 2605-51. Division of the Academy and Training.
9		(a) The Division of the Academy and Training shall
10		exercise, but not be limited to, the following functions:
11		(1) Oversee and operate the Illinois State Police
12		Training Academy.
13		(2) Train and prepare new officers for a career in law
14		enforcement, with innovative, quality training and
15		educational practices.
16		(3) Offer continuing training and educational programs
17		for Illinois State Police employees.
18		(4) Oversee the Illinois State Police's recruitment
19		initiatives.
20		(5) Oversee and operate the Illinois State Police's
21		quartermaster.
22		(6) Duties assigned to the Illinois State Police in
23		Article 5, Chapter 11 of the Illinois Vehicle Code

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1		concerning testing and training officers on the detection
2		of impaired driving.
3		(7) Duties assigned to the Illinois State Police in
4		Article 108B of the Code of Criminal Procedure.
5		(b) The Division of the Academy and Training shall
6		exercise the rights, powers, and duties vested in the former
7		Division of State Troopers by Section 17 of the Illinois State
8		Police Act.
9		(c) Specialized training.
10		(1) Training; cultural diversity. The Division of the
11		Academy and Training shall provide training and continuing
12		education to State police officers concerning cultural
13		diversity, including sensitivity toward racial and ethnic
14		differences. This training and continuing education shall
15		include, but not be limited to, an emphasis on the fact
16		that the primary purpose of enforcement of the Illinois
17		Vehicle Code is safety and equal and uniform enforcement
18		under the law.
19		(2) Training; death and homicide investigations. The
20		Division of the Academy and Training shall provide
21		training in death and homicide investigation for State
22		police officers. Only State police officers who
23		successfully complete the training may be assigned as lead
24		investigators in death and homicide investigations.
25		Satisfactory completion of the training shall be evidenced
26		by a certificate issued to the officer by the Division of

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1		the Academy and Training. The Director shall develop a
2		process for waiver applications for officers whose prior
3		training and experience as homicide investigators may
4		qualify them for a waiver. The Director may issue a
5		waiver, at his or her discretion, based solely on the
6		prior training and experience of an officer as a homicide
7		investigator.
8		(A) The Division shall require all homicide
9		investigator training to include instruction on
10		victim-centered, trauma-informed investigation. This
11		training must be implemented by July 1, 2023.
12		(B) The Division shall cooperate with the Division
13		of Criminal Investigation to develop a model
14		curriculum on victim-centered, trauma-informed
15		investigation. This curriculum must be implemented by
16		July 1, 2023.
17		(3) Training; police dog training standards. All
18		police dogs used by the Illinois State Police for drug
19		enforcement purposes pursuant to the Cannabis Control Act,
20		the Illinois Controlled Substances Act, and the
21		Methamphetamine Control and Community Protection Act shall
22		be trained by programs that meet the certification
23		requirements set by the Director or the Director's
24		designee. Satisfactory completion of the training shall be
25		evidenced by a certificate issued by the Division of the
26		Academy and Training.

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1		(4) Training; post-traumatic stress disorder. The
2		Division of the Academy and Training shall conduct or
3		approve a training program in post-traumatic stress
4		disorder for State police officers. The purpose of that
5		training shall be to equip State police officers to
6		identify the symptoms of post-traumatic stress disorder
7		and to respond appropriately to individuals exhibiting
8		those symptoms.
9		(5) Training; opioid antagonists. The Division of the
10		Academy and Training shall conduct or approve a training
11		program for State police officers in the administration of
12		opioid antagonists as defined in paragraph (1) of
13		subsection (e) of Section 5-23 of the Substance Use
14		Disorder Act that is in accordance with that Section. As
15		used in this Section, "State police officers" includes
16		full-time or part-time State police officers,
17		investigators, and any other employee of the Illinois
18		State Police exercising the powers of a peace officer.
19		(6) Training; sexual assault and sexual abuse.
20		(A) Every 3 years, the Division of the Academy and
21		Training shall present in-service training on sexual
22		assault and sexual abuse response and report writing
23		training requirements, including, but not limited to,
24		the following:
25		(i) recognizing the symptoms of trauma;
26		(ii) understanding the role trauma has played

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1		in a victim's life;
2		(iii) responding to the needs and concerns of
3		a victim;
4		(iv) delivering services in a compassionate,
5		sensitive, and nonjudgmental manner;
6		(v) interviewing techniques in accordance with
7		the curriculum standards in this paragraph (6);
8		(vi) understanding cultural perceptions and
9		common myths of sexual assault and sexual abuse;
10		and
11		(vii) report writing techniques in accordance
12		with the curriculum standards in this paragraph
13		(6).
14		(B) This training must also be presented in all
15		full and part-time basic law enforcement academies.
16		(C) Instructors providing this training shall have
17		successfully completed training on evidence-based,
18		trauma-informed, victim-centered responses to cases of
19		sexual assault and sexual abuse and have experience
20		responding to sexual assault and sexual abuse cases.
21		(D) The Illinois State Police shall adopt rules,
22		in consultation with the Office of the Attorney
23		General and the Illinois Law Enforcement Training
24		Standards Board, to determine the specific training
25		requirements for these courses, including, but not
26		limited to, the following:

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1		(i) evidence-based curriculum standards for
2		report writing and immediate response to sexual
3		assault and sexual abuse, including
4		trauma-informed, victim-centered interview
5		techniques, which have been demonstrated to
6		minimize retraumatization, for all State police
7		officers; and
8		(ii) evidence-based curriculum standards for
9		trauma-informed, victim-centered investigation
10		and interviewing techniques, which have been
11		demonstrated to minimize retraumatization, for
12		cases of sexual assault and sexual abuse for all
13		State police officers who conduct sexual assault
14		and sexual abuse investigations.
15		(7) Training; human trafficking. The Division of the
16		Academy and Training shall conduct or approve a training
17		program in the detection and investigation of all forms of
18		human trafficking, including, but not limited to,
19		involuntary servitude under subsection (b) of Section 10-9
20		of the Criminal Code of 2012, involuntary sexual servitude
21		of a minor under subsection (c) of Section 10-9 of the
22		Criminal Code of 2012, and trafficking in persons under
23		subsection (d) of Section 10-9 of the Criminal Code of
24		2012. This program shall be made available to all cadets
25		and State police officers.
26		(8) Training; hate crimes. The Division of the Academy

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1		and Training shall provide training for State police
2		officers in identifying, responding to, and reporting all
3		hate crimes.
4		(Source: P.A. 102-538, eff. 8-20-21.)
5		Section 15. The Illinois Municipal Code is amended by
6		adding Division 1.5 of Article 11 as follows:
7		(65 ILCS 5/Art. 11 Div. 1.5 heading new)
8		DIVISION 1.5.
9		CO-RESPONDER PILOT PROGRAM
10		(65 ILCS 5/11-1.5-5 new)
11		Sec. 11-1.5-5. Definitions. As used in this Section:
12		"Department" means the East St. Louis Police Department,
13		the Peoria Police Department, the Springfield Police
14		Department, or the Waukegan Police Department.
15		"Station adjustment" has the meaning given to that term in
16		Section 1-3 of the Juvenile Court Act of 1987.
17		"Unit" means a co-responder unit created under this
18		Division.
19		(65 ILCS 5/11-1.5-10 new)
20		Sec. 11-1.5-10. Establishment; responsibilities; focus.
21		(a) Each department shall establish, subject to
22		appropriation, a co-responder unit no later than 6 months

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1		after the effective date of this amendatory Act of the 102nd
2		General Assembly, including the hiring of personnel as
3		provided in this Division.
4		(b) Along with the duties described in Sections 11-1.5-15
5		and 11-1.5-20, the unit's social workers are responsible for
6		conducting follow-up visits for victims who may benefit from
7		mental or behavioral health services. The unit shall utilize
8		community resources, including services provided through the
9		Department of Human Services and social workers in juvenile
10		and adult investigations, to connect individuals with
11		appropriate services.
12		(c) The unit's primary area of focus shall be victim
13		assistance.
14		(65 ILCS 5/11-1.5-15 new)
15		Sec. 11-1.5-15. Duties. The duties of the unit include,
16		but are not limited to:
17		(1) Serving as a resource to a department's community
18		to identify and coordinate the social services available
19		to residents who are victims of criminal acts.
20		(2) Networking with area social service agencies to
21		develop a community-mutual resource system and wrap-around
22		services (a team-based, collaborative case management
23		approach) for victims in need of social service
24		assistance; and fostering relationships with community
25		organizations not limited to area hospitals, school

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1		districts, juvenile justice system, and various community
2		groups.
3		(3) Employing social workers of the unit who shall:
4		(A) Upon request, provide community presentations
5		on an array of social service topics.
6		(B) Assist individuals in diversion from the
7		criminal justice system by addressing problems or
8		concerns through therapeutic intervention.
9		(C) Facilitate follow-up treatment or referral to
10		the appropriate community resource organization.
11		(D) When requested, assist department employees in
12		securing services for those in need and provide
13		educational information to help the employee better
14		understand the circumstances or the community concern.
15		(E) Meet with walk-ins requesting information or
16		assistance.
17		(F) Protect the interest, confidentiality, and
18		civil rights of the client.
19		(G) Train social work interns who may be working
20		within the unit.
21		(H) Be on-call after regular business hours, as
22		needed.
23		(L) Consult on all cases as needed by the
24		department.
25		(M) Perform other functions as provided in Section
26		11-1.5-20 or otherwise needed by a department.

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1		(4) Employing social workers who shall work with
2		victims of crimes as follows:
3		(A) Review police reports to identify known
4		victims and contact them to offer direct and referred
5		services.
6		(B) Assist victims with filing police reports and
7		victim compensation forms.
8		(C) Provide safety planning services to victims.
9		(D) Provide crisis counseling services to victims
10		and their families.
11		(E) Conduct home visits with victims in
12		conjunction with police backup, when needed.
13		(F) Assist victims in obtaining orders of
14		protection. A social worker, in the performance of his
15		or her duties under this subparagraph, is an advocate,
16		as that term is defined in Section 112A-3 of the Code
17		of Criminal Procedure of 1963.
18		(G) Facilitate court advocacy services for
19		victims, including arranging for transportation to and
20		from court.
21		(H) Maintain confidential case files which include
22		social history, diagnosis, formulation of treatment,
23		and documentation of services.
24		(I) Perform miscellaneous personal advocacy tasks
25		for victims, as needed.
26		(J) Oversee activities to ensure those victims

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1		with the most urgent needs are given the highest
2		priority for services.
3		(K) Provide status updates on the progress of a
4		victim's case.
5		(5) Adhering to and understanding the applicable
6		policies, procedures, and orders of a department.
7		(6) Attaining department-established unit goals.
8		(7) Maintaining a positive relationship with
9		co-workers, as well as the investigators from area police
10		departments and facilitating the exchange of information
11		and resources pertaining to investigations.
12		(8) Keeping informed on crime trends within the City.
13		(9) Remaining obedient and responsive to all verbal
14		and written orders issued by superiors.
15		(10) Completing police reports and other required
16		documentation.
17		(11) Performing such other duties as may be required
18		by State law, city ordinance, and department policy or as
19		may be assigned by a sworn supervisor.
20		(65 ILCS 5/11-1.5-20 new)
21		Sec. 11-1.5-20. Social workers.
22		(a) Unit social workers may be referred to as victim
23		service specialists. Social workers are responsible for
24		working as a team to provide trauma-informed crisis
25		intervention, case management, advocacy, and ongoing emotional

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1		support to the victims of all crimes, with extra attention to
2		crimes that cause a high level of victim trauma.
3		(b) Unit social workers involved in a case under adult
4		investigations may perform the following responsibilities:
5		(1) Working with domestic violence investigators.
6		(2) Assisting victims with finding safe housing,
7		transportation, and legal assistance.
8		(3) Providing other needed resources for the victims
9		and their families, including working with children who
10		witness or experience domestic violence.
11		(4) Assisting victims and their children in setting up
12		counseling.
13		(5) Helping reduce victims' chances of reentry into
14		violent situations.
15		(c) Unit social workers involved in a case under juvenile
16		investigations may perform the following responsibilities:
17		(1) Working with families that have habitual runaways
18		and determining why the juveniles keep running away.
19		(2) Providing services to families where there have
20		been domestic disturbances between the juveniles and their
21		parents.
22		(3) Providing resources for parents to help their
23		children who are struggling in school or need
24		transportation to school.
25		(4) Providing guidance and advice to the families of a
26		juvenile who has been arrested and what the next steps and

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1		options are in the process.
2		(5) Assisting a juvenile with station adjustments and
3		creating a station adjustment program in a department.
4		(6) Providing services to juvenile victims and
5		families where the Department of Children and Family
6		Services either did not get involved or did not provide
7		services.
8		(7) Assisting with overcoming feuds between groups of
9		juveniles.
10		(8) Assisting in instances where the families are not
11		cooperative with police.
12		(9) Discussing with families and juveniles options and
13		solutions to prevent future arrest.
14		(10) Maintaining a list of families in need that the
15		unit or department have had contact with for department or
16		city special events.
17		(11) Helping facilitate or assist a department in
18		community-oriented events, such as setting up an event
19		where officers or unit personnel read books with younger
20		children, talking about cyber crimes and social media, or
21		having an officer or unit personnel visit a school for
22		other activities.
23		(12) Helping reduce juvenile recidivism.
24		(65 ILCS 5/11-1.5-25 new)
25		Sec. 11-1.5-25. Training. All unit employees shall be

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1		trained in crisis intervention and integrating communications,
2		assessment and tactics. Integrating communications,
3		assessment, and tactics training shall be designed for
4		situations involving persons who are unarmed or are armed with
5		weapons and who may be experiencing a mental health or other
6		crisis. The training shall incorporate different skill sets
7		into a unified training approach that emphasizes
8		scenario-based exercises, as well as lecture and case study
9		opportunities.
10		(65 ILCS 5/11-1.5-99 new)
11		Sec. 11-1.5-99. Repeal. This Division is repealed January
12		1, 2029.
13		Section 20. The Gang Crime Witness Protection Act of 2013
14		is amended by changing Sections 1, 5, 10, 15, and 20 as
15		follows:
16		(725 ILCS 173/1)
17		Sec. 1. Short title. This Act may be cited as the Violent
18		Crime Victim and Gang Crime Witness Protection Act of 2013.
19		(Source: P.A. 98-58, eff. 7-8-13.)
20		(725 ILCS 173/5)
21		Sec. 5. Definition. As used in this Act, "violent crime"
22		has the meaning ascribed to it in Section 3 of the Rights of

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1		Crime Victims and Witnesses Act. "gang crime" means any
2		criminal offense committed by a member of a "gang" as that term
3		is defined in Section 10 of the Illinois Streetgang Terrorism
4		Omnibus Prevention Act when the offense is in furtherance of
5		any activity, enterprise, pursuit, or undertaking of a gang.
6		(Source: P.A. 98-58, eff. 7-8-13.)
7		(725 ILCS 173/10)
8		Sec. 10. Program. Subject to appropriation, the Illinois
9		Criminal Justice Information Authority shall establish and
10		administer a program to assist victims and witnesses of
11		violent crimes who are actively aiding in the prosecution of
12		perpetrators of gang crime, and appropriate related persons.
13		Financial assistance may be provided, upon application by a
14		State's Attorney or the Attorney General, or a chief executive
15		of a police agency with the approval from the State's Attorney
16		or Attorney General, investigating or prosecuting a violent
17		gang crime occurring under the State's Attorney's or Attorney
18		General's respective jurisdiction, from funds deposited in the
19		Violent Crime Victim and Gang Crime Witness Protection Program
20		Fund and appropriated from that Fund for the purposes of this
21		Act. The State's Attorney or the Attorney General, or a chief
22		executive of a police agency with the approval from the
23		State's Attorney or Attorney General, may use an individual's
24		willingness to actively aid in the prosecution of the violent
25		crime as a factor in determining if the individual may be

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1		provided assistance. A person who is otherwise eligible for
2		services and assistance under this Act shall not be denied
3		assistance and services under this Act on the basis of the
4		person's lack of federal authorization to be present in the
5		United States.
6		(Source: P.A. 98-58, eff. 7-8-13.)
7		(725 ILCS 173/15)
8		Sec. 15. Funding. The Illinois Criminal Justice
9		Information Authority, in consultation with the Attorney
10		General, shall adopt rules for the implementation of the
11		Violent Crime Victim and Gang Crime Witness Protection
12		Program. Assistance shall be subject to the following
13		limitations:
14		(a) Funds shall be limited to payment of the
15		following:
16		(1) temporary living costs;
17		(2) moving expenses;
18		(3) rent;
19		(4) security deposits; and
20		(5) other appropriate expenses of relocation or
21		transition;
22		(b) Approval of applications made by State's Attorneys
23		shall be conditioned upon county funding for costs at a
24		level of at least 25%, unless this requirement is waived
25		by the administrator, in accordance with adopted rules,

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1		for good cause shown;
2		(c) Counties providing assistance consistent with the
3		limitations in this Act may apply for reimbursement of up
4		to 75% of their costs;
5		(d) No more than 50% of funding available in any given
6		fiscal year may be used for costs associated with any
7		single county; and
8		(e) Before the Illinois Criminal Justice Information
9		Authority distributes moneys from the Violent Crime Victim
10		and Gang Crime Witness Protection Program Fund as provided
11		in this Section, it shall retain 2% of those moneys for
12		administrative purposes.
13		(Source: P.A. 98-58, eff. 7-8-13; 99-78, eff. 7-20-15.)
14		(725 ILCS 173/20)
15		Sec. 20. Violent Crime Victim and Gang Crime Witness
16		Protection Program Fund. There is created in the State
17		Treasury the Violent Crime Victim and Gang Crime Witness
18		Protection Program Fund into which shall be deposited
19		appropriated funds, grants, or other funds made available to
20		the Illinois Criminal Justice Information Authority to assist
21		State's Attorneys and the Attorney General in protecting
22		victims and witnesses of violent crime who are aiding in the
23		prosecution of perpetrators of gang crime, and appropriate
24		related persons.
25		(Source: P.A. 98-58, eff. 7-8-13; 99-576, eff. 7-15-16.)

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1		Section 25. The State Finance Act is amended by changing
2		Section 5.833 as follows: