103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2812 Introduced 1/17/2024, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED: New Act50 ILCS 705/6.3210 ILCS 50/3.50210 ILCS 50/3.51 new Creates the First Responder Trauma-Informed Response Training Act, which may be referred to as Anna's Law. Provides that, prior to the onboarding processes of a first responder, the individual must complete mandatory pass or fail trauma-informed response training, as established by the Department of Public Health. Provides that a first responder must also complete the pass or fail trauma-informed response training every 18 months after beginning work as a first responder. Provides that, if more than 18 months has elapsed after beginning work as a first responder and the first responder has not completed the retraining, the first responder may not perform trauma-related duties, such as responding to emergency calls, taking statements from victims, or interviewing victims. Provides that, if a first responder who is certified or licensed by the State or a subdivision of the State has not completed the required trauma-informed response retraining, the first responder may be decertified by the certifying entity or the first responder's license may be revoked by the licensing entity if retraining is not completed. Limits the concurrent exercise of home rule powers. Defines terms. Makes conforming changes in the Illinois Police Training Act and the Emergency Medical Services (EMS) Systems Act, including requiring the Department of Public Health to adopt rules to implement the trauma-informed response training and providing that the rules may allow or require the use of a training program from a university, college, or not-for-profit entity. LRB103 35853 AWJ 65938 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2812 Introduced 1/17/2024, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED: New Act50 ILCS 705/6.3210 ILCS 50/3.50210 ILCS 50/3.51 new New Act 50 ILCS 705/6.3 210 ILCS 50/3.50 210 ILCS 50/3.51 new Creates the First Responder Trauma-Informed Response Training Act, which may be referred to as Anna's Law. Provides that, prior to the onboarding processes of a first responder, the individual must complete mandatory pass or fail trauma-informed response training, as established by the Department of Public Health. Provides that a first responder must also complete the pass or fail trauma-informed response training every 18 months after beginning work as a first responder. Provides that, if more than 18 months has elapsed after beginning work as a first responder and the first responder has not completed the retraining, the first responder may not perform trauma-related duties, such as responding to emergency calls, taking statements from victims, or interviewing victims. Provides that, if a first responder who is certified or licensed by the State or a subdivision of the State has not completed the required trauma-informed response retraining, the first responder may be decertified by the certifying entity or the first responder's license may be revoked by the licensing entity if retraining is not completed. Limits the concurrent exercise of home rule powers. Defines terms. Makes conforming changes in the Illinois Police Training Act and the Emergency Medical Services (EMS) Systems Act, including requiring the Department of Public Health to adopt rules to implement the trauma-informed response training and providing that the rules may allow or require the use of a training program from a university, college, or not-for-profit entity. LRB103 35853 AWJ 65938 b LRB103 35853 AWJ 65938 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2812 Introduced 1/17/2024, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED:
New Act50 ILCS 705/6.3210 ILCS 50/3.50210 ILCS 50/3.51 new New Act 50 ILCS 705/6.3 210 ILCS 50/3.50 210 ILCS 50/3.51 new
New Act
50 ILCS 705/6.3
210 ILCS 50/3.50
210 ILCS 50/3.51 new
Creates the First Responder Trauma-Informed Response Training Act, which may be referred to as Anna's Law. Provides that, prior to the onboarding processes of a first responder, the individual must complete mandatory pass or fail trauma-informed response training, as established by the Department of Public Health. Provides that a first responder must also complete the pass or fail trauma-informed response training every 18 months after beginning work as a first responder. Provides that, if more than 18 months has elapsed after beginning work as a first responder and the first responder has not completed the retraining, the first responder may not perform trauma-related duties, such as responding to emergency calls, taking statements from victims, or interviewing victims. Provides that, if a first responder who is certified or licensed by the State or a subdivision of the State has not completed the required trauma-informed response retraining, the first responder may be decertified by the certifying entity or the first responder's license may be revoked by the licensing entity if retraining is not completed. Limits the concurrent exercise of home rule powers. Defines terms. Makes conforming changes in the Illinois Police Training Act and the Emergency Medical Services (EMS) Systems Act, including requiring the Department of Public Health to adopt rules to implement the trauma-informed response training and providing that the rules may allow or require the use of a training program from a university, college, or not-for-profit entity.
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A BILL FOR
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SB2812 LRB103 35853 AWJ 65938 b
1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title; references to Act.
5 (a) Short title. This Act may be cited as the First
6 Responder Trauma-Informed Response Training Act.
7 (b) References to Act. This Act may be referenced to as
8 Anna's Law.
9 Section 5. Definitions. As used in this Act:
10 "Emergency medical services personnel" has the meaning
11 given to that term in Section 3.5 of the Emergency Medical
12 Services (EMS) Systems Act.
13 "First responder" means a law enforcement officer,
14 firefighter, emergency medical services personnel, or public
15 safety telecommunicator.
16 "Law enforcement officer" has the meaning given to that
17 term in Section 5 of the Law Enforcement Officer Bulletproof
18 Vest Act.
19 "Onboarding process" means the process in which a first
20 responder is hired.
21 "Public safety telecommunicator" has the meaning given to
22 that term in Section 2 of the Emergency Telephone Systems Act.
23 "Trauma-informed response" means programs, procedures, and
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2812 Introduced 1/17/2024, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED:
New Act50 ILCS 705/6.3210 ILCS 50/3.50210 ILCS 50/3.51 new New Act 50 ILCS 705/6.3 210 ILCS 50/3.50 210 ILCS 50/3.51 new
New Act
50 ILCS 705/6.3
210 ILCS 50/3.50
210 ILCS 50/3.51 new
Creates the First Responder Trauma-Informed Response Training Act, which may be referred to as Anna's Law. Provides that, prior to the onboarding processes of a first responder, the individual must complete mandatory pass or fail trauma-informed response training, as established by the Department of Public Health. Provides that a first responder must also complete the pass or fail trauma-informed response training every 18 months after beginning work as a first responder. Provides that, if more than 18 months has elapsed after beginning work as a first responder and the first responder has not completed the retraining, the first responder may not perform trauma-related duties, such as responding to emergency calls, taking statements from victims, or interviewing victims. Provides that, if a first responder who is certified or licensed by the State or a subdivision of the State has not completed the required trauma-informed response retraining, the first responder may be decertified by the certifying entity or the first responder's license may be revoked by the licensing entity if retraining is not completed. Limits the concurrent exercise of home rule powers. Defines terms. Makes conforming changes in the Illinois Police Training Act and the Emergency Medical Services (EMS) Systems Act, including requiring the Department of Public Health to adopt rules to implement the trauma-informed response training and providing that the rules may allow or require the use of a training program from a university, college, or not-for-profit entity.
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A BILL FOR
New Act
50 ILCS 705/6.3
210 ILCS 50/3.50
210 ILCS 50/3.51 new
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1 practices meant to minimize retraumatization of the victim.
2 Section 10. Trauma-informed response training.
3 (a) Prior to the onboarding processes of a first
4 responder, the individual must complete mandatory pass or fail
5 trauma-informed response training, as established by the
6 Department of Public Health.
7 (b) A first responder must also complete the pass or fail
8 training required under subsection (a) every 18 months after
9 beginning work as a first responder.
10 Section 15. Failure to complete retraining.
11 (a) If more than 18 months has elapsed after beginning
12 work as a first responder and the first responder has not
13 completed the retraining required under subsection (b) of
14 Section 10, the first responder may not perform trauma-related
15 duties, such as responding to emergency calls, taking
16 statements from victims, or interviewing victims.
17 (b) If a first responder who is certified or licensed by
18 the State or a subdivision of the State has not completed the
19 retraining required under subsection (b) of Section 10, the
20 first responder may be decertified by the certifying entity or
21 the first responder's license may be revoked by the licensing
22 entity if retraining is not completed.
23 Section 90. Conflict with other laws. To the extent this
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1 Act conflicts with any other provision of law, this Act
2 controls.
3 Section 95. Home rule. A home rule unit may not regulate
4 trauma-informed response training and first responder
5 employment in a manner inconsistent with this Act. This Act is
6 a limitation under subsection (i) of Section 6 of Article VII
7 of the Illinois Constitution on the concurrent exercise by
8 home rule units of powers and functions exercised by the
9 State.
10 Section 100. The Illinois Police Training Act is amended
11 by changing Section 6.3 as follows:
12 (50 ILCS 705/6.3)
13 Sec. 6.3. Discretionary decertification of full-time and
14 part-time law enforcement officers.
15 (a) Definitions. For purposes of this Section 6.3:
16 "Duty to intervene" means an obligation to intervene to
17 prevent harm from occurring that arises when: an officer is
18 present, and has reason to know (1) that excessive force is
19 being used or that any constitutional violation has been
20 committed by a law enforcement official; and (2) the officer
21 has a realistic opportunity to intervene. This duty applies
22 equally to supervisory and nonsupervisory officers. If aid is
23 required, the officer shall not, when reasonable to administer
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1 aid, knowingly and willingly refuse to render aid as defined
2 by State or federal law. An officer does not violate this duty
3 if the failure to render aid is due to circumstances such as
4 lack of appropriate specialized training, lack of resources or
5 equipment, or if it is unsafe or impracticable to render aid.
6 "Excessive use of force" means using force in violation of
7 State or federal law.
8 "False statement" means (1) any knowingly false statement
9 provided on a form or report, (2) that the writer does not
10 believe to be true, and (3) that the writer includes to mislead
11 a public servant in performing the public servant's official
12 functions.
13 "Perjury" means that as defined under Sections 32-2 and
14 32-3 of the Criminal Code of 2012.
15 "Tampers with or fabricates evidence" means if a law
16 enforcement officer (1) has reason to believe that an official
17 proceeding is pending or may be instituted, and (2) alters,
18 destroys, conceals, or removes any record, document, data,
19 video or thing to impair its validity or availability in the
20 proceeding.
21 (b) Decertification conduct. The Board has the authority
22 to decertify a full-time or a part-time law enforcement
23 officer upon a determination by the Board that the law
24 enforcement officer has:
25 (1) committed an act that would constitute a felony or
26 misdemeanor which could serve as basis for automatic
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1 decertification, whether or not the law enforcement
2 officer was criminally prosecuted, and whether or not the
3 law enforcement officer's employment was terminated;
4 (2) exercised excessive use of force;
5 (3) failed to comply with the officer's duty to
6 intervene, including through acts or omissions;
7 (4) tampered with a dash camera or body-worn camera or
8 data recorded by a dash camera or body-worn camera or
9 directed another to tamper with or turn off a dash camera
10 or body-worn camera or data recorded by a dash camera or
11 body-worn camera for the purpose of concealing, destroying
12 or altering potential evidence;
13 (5) engaged in the following conduct relating to the
14 reporting, investigation, or prosecution of a crime:
15 committed perjury, made a false statement, or knowingly
16 tampered with or fabricated evidence; and
17 (6) engaged in any unprofessional, unethical,
18 deceptive, or deleterious conduct or practice harmful to
19 the public; such conduct or practice need not have
20 resulted in actual injury to any person. As used in this
21 paragraph, the term "unprofessional conduct" shall include
22 any departure from, or failure to conform to, the minimal
23 standards of acceptable and prevailing practice of an
24 officer; and .
25 (7) failed to comply with trauma-informed response
26 retraining under the First Responder Trauma-Informed
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1 Response Training Act.
2 (b-5) The Board has the authority to decertify a full-time
3 or part-time law enforcement officer notwithstanding whether a
4 law enforcement agency takes disciplinary action against a law
5 enforcement officer for the same underlying conduct as
6 outlined in subsection (b).
7 (c) Notice of Alleged Violation.
8 (1) The following individuals and agencies shall
9 notify the Board within 7 days of becoming aware of any
10 violation described in subsection (b):
11 (A) A law enforcement agency as defined in Section
12 2 or any law enforcement officer of this State. For
13 this subsection (c), law enforcement agency includes,
14 but is not limited to, a civilian review board, an
15 inspector general, and legal counsel for a law
16 enforcement agency.
17 (B) The Executive Director of the Board;
18 (C) A State's Attorney's Office of this State.
19 "Becoming aware" does not include confidential
20 communications between agency lawyers and agencies
21 regarding legal advice. For purposes of this subsection,
22 "law enforcement agency" does not include the Illinois
23 Attorney General when providing legal representation to a
24 law enforcement officer under the State Employee
25 Indemnification Act.
26 (2) Any person may also notify the Board of any
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1 conduct the person believes a law enforcement officer has
2 committed as described in subsection (b). Such
3 notifications may be made confidentially. Notwithstanding
4 any other provision in state law or any collective
5 bargaining agreement, the Board shall accept notice and
6 investigate any allegations from individuals who remain
7 confidential.
8 (3) Upon written request, the Board shall disclose to
9 the individual or entity who filed a notice of violation
10 the status of the Board's review.
11 (d) Form. The notice of violation reported under
12 subsection (c) shall be on a form prescribed by the Board in
13 its rules. The form shall be publicly available by paper and
14 electronic means. The form shall include fields for the
15 following information, at a minimum:
16 (1) the full name, address, and telephone number of
17 the person submitting the notice;
18 (2) if submitted under subsection (c)(1), the agency
19 name and title of the person submitting the notice;
20 (3) the full name, badge number, employing agency, and
21 physical description of the officer, if known;
22 (4) the full name or names, address or addresses,
23 telephone number or numbers, and physical description or
24 descriptions of any witnesses, if known;
25 (5) a concise statement of facts that describe the
26 alleged violation and any copies of supporting evidence
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1 including but not limited to any photographic, video, or
2 audio recordings of the incident;
3 (6) whether the person submitting the notice has
4 notified any other agency; and
5 (7) an option for an individual, who submits directly
6 to the Board, to consent to have the individual's identity
7 disclosed. The identity of any individual providing
8 information or reporting any possible or alleged violation
9 to the Board shall be kept confidential and may not be
10 disclosed without the consent of that individual, unless
11 the individual consents to disclosure of the individual's
12 name or disclosure of the individual's identity is
13 otherwise required by law. The confidentiality granted by
14 this subsection does not preclude the disclosure of the
15 identity of a person in any capacity other than as the
16 source of an allegation.
17 Nothing in this subsection (d) shall preclude the Board
18 from receiving, investigating, or acting upon allegations made
19 confidentially or in a format different from the form provided
20 for in this subsection.
21 (e) Preliminary review.
22 (1) The Board shall complete a preliminary review of
23 the allegations to determine whether there is sufficient
24 information to warrant a further investigation of any
25 violations of the Act. Upon initiating a preliminary
26 review of the allegations, the Board shall notify the head
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1 of the law enforcement agency that employs the law
2 enforcement officer who is the subject of the allegations.
3 At the request of the Board, the law enforcement agency
4 must submit any copies of investigative findings,
5 evidence, or documentation to the Board in accordance with
6 rules adopted by the Board to facilitate the Board's
7 preliminary review. The Board may correspond with the law
8 enforcement agency, official records clerks or any
9 investigative agencies in conducting its preliminary
10 review.
11 (2) During the preliminary review, the Board will take
12 all reasonable steps to discover any and all objective
13 verifiable evidence relevant to the alleged violation
14 through the identification, retention, review, and
15 analysis of all currently available evidence, including,
16 but not limited to: all time-sensitive evidence, audio and
17 video evidence, physical evidence, arrest reports,
18 photographic evidence, GPS records, computer data, lab
19 reports, medical documents, and witness interviews. All
20 reasonable steps will be taken to preserve relevant
21 evidence identified during the preliminary investigation.
22 (3) If after a preliminary review of the alleged
23 violation or violations, the Board believes there is
24 sufficient information to warrant further investigation of
25 any violations of this Act, the alleged violation or
26 violations shall be assigned for investigation in
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1 accordance with subsection (f).
2 (4) If after a review of the allegations, the Board
3 believes there is insufficient information supporting the
4 allegations to warrant further investigation, it may close
5 a notice. Notification of the Board's decision to close a
6 notice shall be sent to all relevant individuals,
7 agencies, and any entities that received notice of the
8 violation under subsection (c) within 30 days of the
9 notice being closed, except in cases where the notice is
10 submitted anonymously if the complainant is unknown.
11 (5) Except when the Board has received notice under
12 subparagraph (A) of paragraph (1) of subsection (c), no
13 later than 30 days after receiving notice, the Board shall
14 report any notice of violation it receives to the relevant
15 law enforcement agency, unless reporting the notice would
16 jeopardize any subsequent investigation. The Board shall
17 also record any notice of violation it receives to the
18 Officer Professional Conduct Database in accordance with
19 Section 9.2. The Board shall report to the appropriate
20 State's Attorney any alleged violations that contain
21 allegations, claims, or factual assertions that, if true,
22 would constitute a violation of Illinois law. The Board
23 shall inform the law enforcement officer via certified
24 mail that it has received a notice of violation against
25 the law enforcement officer.
26 If the Board determines that due to the circumstances
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1 and the nature of the allegation that it would not be
2 prudent to notify the law enforcement officer and the
3 officer's law enforcement agency unless and until the
4 filing of a Formal Complaint, the Board shall document in
5 the file the reason or reasons a notification was not
6 made.
7 (6) If the law enforcement officer is involved in a
8 criminal proceeding on the same subject as the notice of
9 violation, the Board is responsible for maintaining a
10 current status report including court dates, hearings,
11 pleas, adjudication status and sentencing. A State's
12 Attorney's Office must notify the Board of any criminal
13 charges filed against a law enforcement officer, and must
14 provide updates of significant developments to the Board
15 in a timely manner but no later than 30 days after such
16 developments.
17 (f) Investigations; requirements. Investigations are to be
18 assigned after a preliminary review, unless the investigations
19 were closed under paragraph (4) of subsection (e), as follows
20 in paragraphs (1), (2), and (3) of this subsection (f).
21 (1) A law enforcement agency that submits a notice of
22 violation to the Board under subparagraph (A) of paragraph
23 (1) of subsection (c) shall be responsible for conducting
24 an investigation of the underlying allegations except
25 when: (i) the law enforcement agency refers the notice to
26 another law enforcement agency or the Board for
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1 investigation and such other agency or the Board agrees to
2 conduct the investigation; (ii) an external, independent,
3 or civilian oversight agency conducts the investigation in
4 accordance with local ordinance or other applicable law;
5 or (iii) the Board has determined that it will conduct the
6 investigation based upon the facts and circumstances of
7 the alleged violation, including but not limited to,
8 investigations regarding the Chief or Sheriff of a law
9 enforcement agency, familial conflict of interests,
10 complaints involving a substantial portion of a law
11 enforcement agency, or complaints involving a policy of a
12 law enforcement agency. Any agency or entity conducting an
13 investigation under this paragraph (1) shall submit
14 quarterly reports to the Board regarding the progress of
15 the investigation. The quarterly report shall be reviewed
16 by the individual or individuals at the Board who
17 conducted the preliminary review, if available.
18 Any agency or entity conducting an investigation under
19 this paragraph (1) shall, within 7 days of completing an
20 investigation, deliver an Investigative Summary Report and
21 copies of any administrative evidence to the Board. If the
22 Board finds an investigation conducted under this
23 paragraph (1) is incomplete, unsatisfactory, or deficient
24 in any way, the Board may direct the investigating entity
25 or agency to take any additional investigative steps
26 deemed necessary to thoroughly and satisfactorily complete
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1 the investigation, or the Board may take any steps
2 necessary to complete the investigation. The investigating
3 entity or agency or, when necessary, the Board will then
4 amend and re-submit the Investigative Summary Report to
5 the Board for approval.
6 The Board shall submit a report to the investigating
7 entity disclosing the name, address, and telephone numbers
8 of persons who have knowledge of facts which are the
9 subject of the investigation and identifying the subject
10 matter of their knowledge.
11 (2) The Board shall investigate and complete an
12 Investigative Summary Report when a State's Attorney's
13 Office submits a notice of violation to the Board under
14 (c)(1)(C).
15 (3) When a person submits a notice to the Board under
16 paragraph (2) of subsection (c), The Board shall assign
17 the investigation to the law enforcement agency that
18 employs the law enforcement officer, except when: (i) the
19 law enforcement agency requests to refer the notice to
20 another law enforcement agency or the Board for
21 investigation and such other agency or the Board agrees to
22 conduct the investigation; (ii) an external, independent,
23 or civilian oversight agency conducts the investigation in
24 accordance with local ordinance or other applicable law;
25 or (iii) the Board has determined that it will conduct the
26 investigation based upon the facts and circumstances of
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1 the alleged violation, including but not limited to,
2 investigations regarding the Chief or Sheriff of a law
3 enforcement agency, familial conflict of interests,
4 complaints involving a substantial portion of a law
5 enforcement agency, or complaints involving a policy of a
6 law enforcement agency.
7 The investigating entity or agency shall submit
8 quarterly reports to the Board regarding the progress of
9 the investigation in a form to be determined by the Board.
10 The quarterly report shall be reviewed by the individual
11 at the Board who conducted the preliminary review, if
12 available.
13 The investigating entity or agency shall, within 7 days of
14 completing an investigation, deliver an Investigative
15 Summary Report and copies of any evidence to the Board. If
16 the Board finds an investigation conducted under this
17 subsection (f)(3) is incomplete, unsatisfactory, or
18 deficient in any way, the Board may direct the
19 investigating entity to take any additional investigative
20 steps deemed necessary to thoroughly and satisfactorily
21 complete the investigation, or the Board may take any
22 steps necessary to complete the investigation. The
23 investigating entity or agency or, when necessary, the
24 Board will then amend and re-submit the Investigative
25 Summary Report to the Board for approval. The
26 investigating entity shall cooperate with and assist the
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1 Board, as necessary, in any subsequent investigation.
2 (4) Concurrent Investigations. The Board may, at any
3 point, initiate a concurrent investigation under this
4 section. The original investigating entity shall timely
5 communicate, coordinate, and cooperate with the Board to
6 the fullest extent. The Board shall promulgate rules that
7 shall address, at a minimum, the sharing of information
8 and investigative means such as subpoenas and interviewing
9 witnesses.
10 (5) Investigative Summary Report. An Investigative
11 Summary Report shall contain, at a minimum, the
12 allegations and elements within each allegation followed
13 by the testimonial, documentary, or physical evidence that
14 is relevant to each such allegation or element listed and
15 discussed in association with it. All persons who have
16 been interviewed and listed in the Investigative Summary
17 Report will be identified as a complainant, witness,
18 person with specialized knowledge, or law enforcement
19 employee.
20 (6) Each law enforcement agency shall adopt a written
21 policy regarding the investigation of conduct under
22 subsection (a) that involves a law enforcement officer
23 employed by that law enforcement agency. The written
24 policy adopted must include the following, at a minimum:
25 (a) Each law enforcement officer shall immediately
26 report any conduct under subsection (b) to the
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1 appropriate supervising officer.
2 (b) The written policy under this Section shall be
3 available for inspection and copying under the Freedom
4 of Information Act, and not subject to any exemption
5 of that Act.
6 (7) Nothing in this Act shall prohibit a law
7 enforcement agency from conducting an investigation for
8 the purpose of internal discipline. However, any such
9 investigation shall be conducted in a manner that avoids
10 interference with, and preserves the integrity of, any
11 separate investigation by the Board being conducted.
12 (g) Formal complaints. Upon receipt of an Investigative
13 Summary Report, the Board shall review the Report and any
14 relevant evidence obtained and determine whether there is
15 reasonable basis to believe that the law enforcement officer
16 committed any conduct that would be deemed a violation of this
17 Act. If after reviewing the Report and any other relevant
18 evidence obtained, the Board determines that a reasonable
19 basis does exist, the Board shall file a formal complaint with
20 the Certification Review Panel.
21 (h) Formal Complaint Hearing.
22 (1) Upon issuance of a formal complaint, the Panel
23 shall set the matter for an initial hearing in front of an
24 administrative law judge. At least 30 days before the date
25 set for an initial hearing, the Panel must, in writing,
26 notify the law enforcement officer subject to the
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1 complaint of the following:
2 (i) the allegations against the law enforcement
3 officer, the time and place for the hearing, and
4 whether the law enforcement officer's certification
5 has been temporarily suspended under Section 8.3;
6 (ii) the right to file a written answer to the
7 complaint with the Panel within 30 days after service
8 of the notice;
9 (iii) if the law enforcement officer fails to
10 comply with the notice of the default order in
11 paragraph (2), the Panel shall enter a default order
12 against the law enforcement officer along with a
13 finding that the allegations in the complaint are
14 deemed admitted, and that the law enforcement
15 officer's certification may be revoked as a result;
16 and
17 (iv) the law enforcement officer may request an
18 informal conference to surrender the officer's
19 certification.
20 (2) The Board shall send the law enforcement officer
21 notice of the default order. The notice shall state that
22 the officer has 30 days to notify the Board in writing of
23 their desire to have the order vacated and to appear
24 before the Board. If the law enforcement officer does not
25 notify the Board within 30 days, the Board may set the
26 matter for hearing. If the matter is set for hearing, the
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1 Board shall send the law enforcement officer the notice of
2 the date, time and location of the hearing. If the law
3 enforcement officer or counsel for the officer does
4 appear, at the Board's discretion, the hearing may proceed
5 or may be continued to a date and time agreed upon by all
6 parties. If on the date of the hearing, neither the law
7 enforcement officer nor counsel for the officer appears,
8 the Board may proceed with the hearing for default in
9 their absence.
10 (3) If the law enforcement officer fails to comply
11 with paragraph (2), all of the allegations contained in
12 the complaint shall be deemed admitted and the law
13 enforcement officer shall be decertified if, by a majority
14 vote of the panel, the conduct charged in the complaint is
15 found to constitute sufficient grounds for decertification
16 under this Act. Notice of the decertification decision may
17 be served by personal delivery, by mail, or, at the
18 discretion of the Board, by electronic means as adopted by
19 rule to the address or email address specified by the law
20 enforcement officer in the officer's last communication
21 with the Board. Notice shall also be provided to the law
22 enforcement officer's employing law enforcement agency.
23 (4) The Board, at the request of the law enforcement
24 officer subject to the Formal Complaint, may suspend a
25 hearing on a Formal Complaint for no more than one year if
26 a concurrent criminal matter is pending. If the law
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1 enforcement officer requests to have the hearing
2 suspended, the law enforcement officer's certification
3 shall be deemed inactive until the law enforcement
4 officer's Formal Complaint hearing concludes. The Board or
5 the law enforcement officer may request to have the
6 hearing suspended for up to 6 additional months for good
7 cause. This request may be renewed. For purposes of this
8 paragraph (4), "good cause" means an incident or
9 occurrence that is beyond the control of the requester and
10 that prevents the hearing from occurring, or holding the
11 hearing would impose an undue hardship or prejudice on the
12 requester.
13 (5) Surrender of certification or waiver. Upon the
14 Board's issuance of a complaint, and prior to hearing on
15 the matter, a law enforcement officer may choose to
16 surrender the officer's certification or waiver by
17 notifying the Board in writing of the officer's decision
18 to do so. Upon receipt of such notification from the law
19 enforcement officer, the Board shall immediately decertify
20 the officer, or revoke any waiver previously granted. In
21 the case of a surrender of certification or waiver, the
22 Board's proceeding shall terminate.
23 (6) Appointment of administrative law judges. The
24 Board shall retain any attorney licensed to practice law
25 in the State of Illinois to serve as an administrative law
26 judge in any action involving a law enforcement officer
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1 under this Act. The administrative law judge shall be
2 retained to a term of no greater than 4 years. If more than
3 one judge is retained, the terms shall be staggered. The
4 administrative law judge has full authority to conduct the
5 hearings.
6 Administrative law judges will receive initial and
7 annual training that is adequate in quality, quantity,
8 scope, and type, and will cover, at minimum the following
9 topics:
10 (i) constitutional and other relevant law on
11 police-community encounters, including the law on the
12 use of force and stops, searches, and arrests;
13 (ii) police tactics;
14 (iii) investigations of police conduct;
15 (iv) impartial policing;
16 (v) policing individuals in crisis;
17 (vi) Illinois police policies, procedures, and
18 disciplinary rules;
19 (vii) procedural justice; and
20 (viii) community outreach.
21 The Board shall determine the content and extent of
22 the training within the scope provided for by this
23 subsection.
24 (7) Hearing. At the hearing, the administrative law
25 judge will hear the allegations alleged in the complaint.
26 The law enforcement officer, the counsel of the officer's
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1 choosing, and the Board, or the officer's counsel, shall
2 be afforded the opportunity to present any pertinent
3 statements, testimony, evidence, and arguments. The law
4 enforcement officer shall be afforded the opportunity to
5 request that the Board compel the attendance of witnesses
6 and production of related documents. After the conclusion
7 of the hearing, the administrative law judge shall report
8 any findings of fact, conclusions of law, and recommended
9 disposition to the Panel. If the law enforcement officer
10 objects to any procedural or substantive legal portion of
11 the report, the officer may do so by written brief filed
12 with the Panel within 14 days after receipt of the report.
13 The Panel may grant reasonable extensions for good cause
14 shown or when mutually agreed upon by the parties.
15 No later than 28 days before the hearing, a party
16 shall disclose the following:
17 (i) The name and, if known, the address and
18 telephone number of each individual likely to have
19 information relevant to the hearing that the
20 disclosing party may use to support its claims or
21 defenses. This includes, but is not limited to, any
22 name that has previously been held as confidential by
23 the Board.
24 (ii) A copy of any documents and videos that are in
25 the possession, custody, or control of the party, and
26 that the disclosing party may use to support its
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1 claims or defenses.
2 (8) Certification Review Meeting. Upon receipt of the
3 administrative law judge's findings of fact, conclusions
4 of law, and recommended disposition, and any submitted
5 objections from the law enforcement officer, the Panel
6 shall call for a certification review meeting.
7 In such a meeting, the Panel may adjourn into a closed
8 conference for the purposes of deliberating on the
9 evidence presented during the hearing. In closed
10 conference, the Panel shall consider the hearing officer's
11 findings of fact, conclusions of law, and recommended
12 disposition and may deliberate on all evidence and
13 testimony received and may consider the weight and
14 credibility to be given to the evidence received. No new
15 or additional evidence may be presented to the Panel.
16 After concluding its deliberations, the Panel shall
17 convene in open session for its consideration of the
18 matter. If a simple majority of the Panel finds that no
19 allegations in the complaint supporting one or more
20 charges of misconduct are proven by clear and convincing
21 evidence, then the Panel shall recommend to the Board that
22 the complaint be dismissed. If a simple majority of the
23 Panel finds that the allegations in the complaint
24 supporting one or more charges of misconduct are proven by
25 clear and convincing evidence, then the Panel shall
26 recommend to the Board to decertify the officer. The Panel
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1 shall prepare a summary report as soon as practicable
2 after the completion of the meeting including the
3 following: the hearing officer's findings of fact,
4 conclusions of law, recommended disposition, and the
5 Panel's order.
6 (9) Final action by the Board. After receiving the
7 Panel's recommendations and any objections by the law
8 enforcement officer, and after due consideration of the
9 Panel's recommendations, the Board, by majority vote,
10 shall issue a final decision to decertify the law
11 enforcement officer or take no action in regard to the law
12 enforcement officer. No new or additional evidence may be
13 presented to the Board. If the Board makes a final
14 decision contrary to the recommendations of the Panel, the
15 Board shall set forth in its final written decision the
16 specific written reasons for not following the Panel's
17 recommendations. A copy of the Board's final decision
18 shall be served upon the law enforcement officer by the
19 Board, either personally or as provided in this Act for
20 the service of a notice of hearing. A copy of the Board's
21 final decision also shall be delivered to the last
22 employing law enforcement agency, the complainant, and the
23 Panel.
24 (10) Reconsideration of the Board's Decision. Within
25 30 days after service of the Board's final decision, the
26 Panel or the law enforcement officer may file a written
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1 motion for reconsideration with the Review Committee. The
2 motion for reconsideration shall specify the particular
3 grounds for reconsideration. The non-moving party may
4 respond to the motion for reconsideration. The Review
5 Committee shall only address the issues raised by the
6 parties.
7 The Review Committee may deny the motion for
8 reconsideration, or it may grant the motion in whole or in
9 part and issue a new final decision in the matter. The
10 Review Committee must notify the law enforcement officer
11 and their last employing law enforcement agency within 14
12 days of a denial and state the reasons for denial.
13 (i) This Section applies to conduct by a full-time or
14 part-time law enforcement officer in violation of subsection
15 (b) that occurred before, on, or after the effective date of
16 this amendatory Act of the 102nd General Assembly.
17 (j) Notwithstanding any provision of law to the contrary,
18 the changes made to this Section by this amendatory Act of the
19 102nd General Assembly and Public Act 101-652 take effect July
20 1, 2022.
21 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
22 Section 105. The Emergency Medical Services (EMS) Systems
23 Act is amended by changing Section 3.50 and adding Section
24 3.51 as follows:
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1 (210 ILCS 50/3.50)
2 Sec. 3.50. Emergency Medical Services personnel licensure
3 levels.
4 (a) "Emergency Medical Technician" or "EMT" means a person
5 who has successfully completed a course in basic life support
6 as approved by the Department, is currently licensed by the
7 Department in accordance with standards prescribed by this Act
8 and rules adopted by the Department pursuant to this Act, and
9 practices within an EMS System. A valid Emergency Medical
10 Technician-Basic (EMT-B) license issued under this Act shall
11 continue to be valid and shall be recognized as an Emergency
12 Medical Technician (EMT) license until the Emergency Medical
13 Technician-Basic (EMT-B) license expires.
14 (b) "Emergency Medical Technician-Intermediate" or "EMT-I"
15 means a person who has successfully completed a course in
16 intermediate life support as approved by the Department, is
17 currently licensed by the Department in accordance with
18 standards prescribed by this Act and rules adopted by the
19 Department pursuant to this Act, and practices within an
20 Intermediate or Advanced Life Support EMS System.
21 (b-5) "Advanced Emergency Medical Technician" or "A-EMT"
22 means a person who has successfully completed a course in
23 basic and limited advanced emergency medical care as approved
24 by the Department, is currently licensed by the Department in
25 accordance with standards prescribed by this Act and rules
26 adopted by the Department pursuant to this Act, and practices
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1 within an Intermediate or Advanced Life Support EMS System.
2 (c) "Paramedic (EMT-P)" means a person who has
3 successfully completed a course in advanced life support care
4 as approved by the Department, is licensed by the Department
5 in accordance with standards prescribed by this Act and rules
6 adopted by the Department pursuant to this Act, and practices
7 within an Advanced Life Support EMS System. A valid Emergency
8 Medical Technician-Paramedic (EMT-P) license issued under this
9 Act shall continue to be valid and shall be recognized as a
10 Paramedic license until the Emergency Medical
11 Technician-Paramedic (EMT-P) license expires.
12 (c-5) "Emergency Medical Responder" or "EMR (First
13 Responder)" means a person who has successfully completed a
14 course in emergency medical response as approved by the
15 Department and provides emergency medical response services in
16 accordance with the level of care established by the National
17 EMS Educational Standards Emergency Medical Responder course
18 as modified by the Department, or who provides services as
19 part of an EMS System response plan, as approved by the
20 Department, of that EMS System. The Department shall have the
21 authority to adopt rules governing the curriculum, practice,
22 and necessary equipment applicable to Emergency Medical
23 Responders.
24 On August 15, 2014 (the effective date of Public Act
25 98-973), a person who is licensed by the Department as a First
26 Responder and has completed a Department-approved course in
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1 first responder defibrillator training based on, or equivalent
2 to, the National EMS Educational Standards or other standards
3 previously recognized by the Department shall be eligible for
4 licensure as an Emergency Medical Responder upon meeting the
5 licensure requirements and submitting an application to the
6 Department. A valid First Responder license issued under this
7 Act shall continue to be valid and shall be recognized as an
8 Emergency Medical Responder license until the First Responder
9 license expires.
10 (c-10) All EMS Systems and licensees shall be fully
11 compliant with the National EMS Education Standards, as
12 modified by the Department in administrative rules, within 24
13 months after the adoption of the administrative rules.
14 (d) The Department shall have the authority and
15 responsibility to:
16 (1) Prescribe education and training requirements,
17 which includes training in the use of epinephrine, for all
18 levels of EMS personnel except for EMRs, based on the
19 National EMS Educational Standards and any modifications
20 to those curricula specified by the Department through
21 rules adopted pursuant to this Act.
22 (2) Prescribe licensure testing requirements for all
23 levels of EMS personnel, which shall include a requirement
24 that all phases of instruction, training, and field
25 experience be completed before taking the appropriate
26 licensure examination. Candidates may elect to take the
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1 appropriate National Registry examination in lieu of the
2 Department's examination, but are responsible for making
3 their own arrangements for taking the National Registry
4 examination. In prescribing licensure testing requirements
5 for honorably discharged members of the armed forces of
6 the United States under this paragraph (2), the Department
7 shall ensure that a candidate's military emergency medical
8 training, emergency medical curriculum completed, and
9 clinical experience, as described in paragraph (2.5), are
10 recognized.
11 (2.5) Review applications for EMS personnel licensure
12 from honorably discharged members of the armed forces of
13 the United States with military emergency medical
14 training. Applications shall be filed with the Department
15 within one year after military discharge and shall
16 contain: (i) proof of successful completion of military
17 emergency medical training; (ii) a detailed description of
18 the emergency medical curriculum completed; and (iii) a
19 detailed description of the applicant's clinical
20 experience. The Department may request additional and
21 clarifying information. The Department shall evaluate the
22 application, including the applicant's training and
23 experience, consistent with the standards set forth under
24 subsections (a), (b), (c), and (d) of Section 3.10. If the
25 application clearly demonstrates that the training and
26 experience meet such standards, the Department shall offer
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1 the applicant the opportunity to successfully complete a
2 Department-approved EMS personnel examination for the
3 level of license for which the applicant is qualified.
4 Upon passage of an examination, the Department shall issue
5 a license, which shall be subject to all provisions of
6 this Act that are otherwise applicable to the level of EMS
7 personnel license issued.
8 (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
9 or Paramedic who have met the Department's education,
10 training and examination requirements.
11 (4) Prescribe annual continuing education and
12 relicensure requirements for all EMS personnel licensure
13 levels.
14 (5) Relicense individuals as an EMD, EMR, EMT, EMT-I,
15 A-EMT, PHRN, PHAPRN, PHPA, or Paramedic every 4 years,
16 based on their compliance with continuing education and
17 relicensure requirements as required by the Department
18 pursuant to this Act. Every 4 years, a Paramedic shall
19 have 100 hours of approved continuing education, an EMT-I
20 and an advanced EMT shall have 80 hours of approved
21 continuing education, and an EMT shall have 60 hours of
22 approved continuing education. An Illinois licensed EMR,
23 EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or
24 PHRN whose license has been expired for less than 36
25 months may apply for reinstatement by the Department.
26 Reinstatement shall require that the applicant (i) submit
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1 satisfactory proof of completion of continuing medical
2 education and clinical requirements to be prescribed by
3 the Department in an administrative rule; (ii) submit a
4 positive recommendation from an Illinois EMS Medical
5 Director attesting to the applicant's qualifications for
6 retesting; and (iii) pass a Department approved test for
7 the level of EMS personnel license sought to be
8 reinstated.
9 (6) Grant inactive status to any EMR, EMD, EMT, EMT-I,
10 A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who
11 qualifies, based on standards and procedures established
12 by the Department in rules adopted pursuant to this Act.
13 (7) Charge a fee for EMS personnel examination,
14 licensure, and license renewal.
15 (8) Suspend, revoke, or refuse to issue or renew the
16 license of any licensee, after an opportunity for an
17 impartial hearing before a neutral administrative law
18 judge appointed by the Director, where the preponderance
19 of the evidence shows one or more of the following:
20 (A) The licensee has not met continuing education
21 or relicensure requirements as prescribed by the
22 Department;
23 (B) The licensee has failed to maintain
24 proficiency in the level of skills for which he or she
25 is licensed;
26 (C) The licensee, during the provision of medical
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1 services, engaged in dishonorable, unethical, or
2 unprofessional conduct of a character likely to
3 deceive, defraud, or harm the public;
4 (D) The licensee has failed to maintain or has
5 violated standards of performance and conduct as
6 prescribed by the Department in rules adopted pursuant
7 to this Act or his or her EMS System's Program Plan;
8 (E) The licensee is physically impaired to the
9 extent that he or she cannot physically perform the
10 skills and functions for which he or she is licensed,
11 as verified by a physician, unless the person is on
12 inactive status pursuant to Department regulations;
13 (F) The licensee is mentally impaired to the
14 extent that he or she cannot exercise the appropriate
15 judgment, skill and safety for performing the
16 functions for which he or she is licensed, as verified
17 by a physician, unless the person is on inactive
18 status pursuant to Department regulations;
19 (G) The licensee has violated this Act or any rule
20 adopted by the Department pursuant to this Act; or
21 (H) The licensee has been convicted (or entered a
22 plea of guilty or nolo contendere) by a court of
23 competent jurisdiction of a Class X, Class 1, or Class
24 2 felony in this State or an out-of-state equivalent
25 offense; or .
26 (I) The licensee has failed to comply with
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1 trauma-informed response retraining under the First
2 Responder Trauma-Informed Response Training Act.
3 (9) Prescribe education and training requirements in
4 the administration and use of opioid antagonists for all
5 levels of EMS personnel based on the National EMS
6 Educational Standards and any modifications to those
7 curricula specified by the Department through rules
8 adopted pursuant to this Act.
9 (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN,
10 PHAPRN, PHPA, or PHRN who is a member of the Illinois National
11 Guard or an Illinois State Trooper or who exclusively serves
12 as a volunteer for units of local government with a population
13 base of less than 5,000 or as a volunteer for a not-for-profit
14 organization that serves a service area with a population base
15 of less than 5,000 may submit an application to the Department
16 for a waiver of the fees described under paragraph (7) of
17 subsection (d) of this Section on a form prescribed by the
18 Department.
19 The education requirements prescribed by the Department
20 under this Section must allow for the suspension of those
21 requirements in the case of a member of the armed services or
22 reserve forces of the United States or a member of the Illinois
23 National Guard who is on active duty pursuant to an executive
24 order of the President of the United States, an act of the
25 Congress of the United States, or an order of the Governor at
26 the time that the member would otherwise be required to
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1 fulfill a particular education requirement. Such a person must
2 fulfill the education requirement within 6 months after his or
3 her release from active duty.
4 (e) In the event that any rule of the Department or an EMS
5 Medical Director that requires testing for drug use as a
6 condition of the applicable EMS personnel license conflicts
7 with or duplicates a provision of a collective bargaining
8 agreement that requires testing for drug use, that rule shall
9 not apply to any person covered by the collective bargaining
10 agreement.
11 (f) At the time of applying for or renewing his or her
12 license, an applicant for a license or license renewal may
13 submit an email address to the Department. The Department
14 shall keep the email address on file as a form of contact for
15 the individual. The Department shall send license renewal
16 notices electronically and by mail to a licensee who provides
17 the Department with his or her email address. The notices
18 shall be sent at least 60 days prior to the expiration date of
19 the license.
20 (Source: P.A. 101-81, eff. 7-12-19; 101-153, eff. 1-1-20;
21 102-558, eff. 8-20-21; 102-623, eff. 8-27-21.)
22 (210 ILCS 50/3.51 new)
23 Sec. 3.51. Trauma-informed response training; rules. The
24 Department shall adopt rules to implement the trauma-informed
25 response training required under the First Responder
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