Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2812 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	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
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2812 Introduced 1/17/2024, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED:
3	3	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
4	4	New Act
5	5	50 ILCS 705/6.3
6	6	210 ILCS 50/3.50
7	7	210 ILCS 50/3.51 new
8	8	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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11	11	A BILL FOR
12	12	SB2812LRB103 35853 AWJ 65938 b SB2812 LRB103 35853 AWJ 65938 b
13	13	SB2812 LRB103 35853 AWJ 65938 b
14	14	1 AN ACT concerning government.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 1. Short title; references to Act.
18	18	5 (a) Short title. This Act may be cited as the First
19	19	6 Responder Trauma-Informed Response Training Act.
20	20	7 (b) References to Act. This Act may be referenced to as
21	21	8 Anna's Law.
22	22	9 Section 5. Definitions. As used in this Act:
23	23	10 "Emergency medical services personnel" has the meaning
24	24	11 given to that term in Section 3.5 of the Emergency Medical
25	25	12 Services (EMS) Systems Act.
26	26	13 "First responder" means a law enforcement officer,
27	27	14 firefighter, emergency medical services personnel, or public
28	28	15 safety telecommunicator.
29	29	16 "Law enforcement officer" has the meaning given to that
30	30	17 term in Section 5 of the Law Enforcement Officer Bulletproof
31	31	18 Vest Act.
32	32	19 "Onboarding process" means the process in which a first
33	33	20 responder is hired.
34	34	21 "Public safety telecommunicator" has the meaning given to
35	35	22 that term in Section 2 of the Emergency Telephone Systems Act.
36	36	23 "Trauma-informed response" means programs, procedures, and
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40	40	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2812 Introduced 1/17/2024, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED:
41	41	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
42	42	New Act
43	43	50 ILCS 705/6.3
44	44	210 ILCS 50/3.50
45	45	210 ILCS 50/3.51 new
46	46	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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48	48	LRB103 35853 AWJ 65938 b
49	49	A BILL FOR
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55	55	New Act
56	56	50 ILCS 705/6.3
57	57	210 ILCS 50/3.50
58	58	210 ILCS 50/3.51 new
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77	77	1 practices meant to minimize retraumatization of the victim.
78	78	2 Section 10. Trauma-informed response training.
79	79	3 (a) Prior to the onboarding processes of a first
80	80	4 responder, the individual must complete mandatory pass or fail
81	81	5 trauma-informed response training, as established by the
82	82	6 Department of Public Health.
83	83	7 (b) A first responder must also complete the pass or fail
84	84	8 training required under subsection (a) every 18 months after
85	85	9 beginning work as a first responder.
86	86	10 Section 15. Failure to complete retraining.
87	87	11 (a) If more than 18 months has elapsed after beginning
88	88	12 work as a first responder and the first responder has not
89	89	13 completed the retraining required under subsection (b) of
90	90	14 Section 10, the first responder may not perform trauma-related
91	91	15 duties, such as responding to emergency calls, taking
92	92	16 statements from victims, or interviewing victims.
93	93	17 (b) If a first responder who is certified or licensed by
94	94	18 the State or a subdivision of the State has not completed the
95	95	19 retraining required under subsection (b) of Section 10, the
96	96	20 first responder may be decertified by the certifying entity or
97	97	21 the first responder's license may be revoked by the licensing
98	98	22 entity if retraining is not completed.
99	99	23 Section 90. Conflict with other laws. To the extent this
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110	110	1 Act conflicts with any other provision of law, this Act
111	111	2 controls.
112	112	3 Section 95. Home rule. A home rule unit may not regulate
113	113	4 trauma-informed response training and first responder
114	114	5 employment in a manner inconsistent with this Act. This Act is
115	115	6 a limitation under subsection (i) of Section 6 of Article VII
116	116	7 of the Illinois Constitution on the concurrent exercise by
117	117	8 home rule units of powers and functions exercised by the
118	118	9 State.
119	119	10 Section 100. The Illinois Police Training Act is amended
120	120	11 by changing Section 6.3 as follows:
121	121	12 (50 ILCS 705/6.3)
122	122	13 Sec. 6.3. Discretionary decertification of full-time and
123	123	14 part-time law enforcement officers.
124	124	15 (a) Definitions. For purposes of this Section 6.3:
125	125	16 "Duty to intervene" means an obligation to intervene to
126	126	17 prevent harm from occurring that arises when: an officer is
127	127	18 present, and has reason to know (1) that excessive force is
128	128	19 being used or that any constitutional violation has been
129	129	20 committed by a law enforcement official; and (2) the officer
130	130	21 has a realistic opportunity to intervene. This duty applies
131	131	22 equally to supervisory and nonsupervisory officers. If aid is
132	132	23 required, the officer shall not, when reasonable to administer
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143	143	1 aid, knowingly and willingly refuse to render aid as defined
144	144	2 by State or federal law. An officer does not violate this duty
145	145	3 if the failure to render aid is due to circumstances such as
146	146	4 lack of appropriate specialized training, lack of resources or
147	147	5 equipment, or if it is unsafe or impracticable to render aid.
148	148	6 "Excessive use of force" means using force in violation of
149	149	7 State or federal law.
150	150	8 "False statement" means (1) any knowingly false statement
151	151	9 provided on a form or report, (2) that the writer does not
152	152	10 believe to be true, and (3) that the writer includes to mislead
153	153	11 a public servant in performing the public servant's official
154	154	12 functions.
155	155	13 "Perjury" means that as defined under Sections 32-2 and
156	156	14 32-3 of the Criminal Code of 2012.
157	157	15 "Tampers with or fabricates evidence" means if a law
158	158	16 enforcement officer (1) has reason to believe that an official
159	159	17 proceeding is pending or may be instituted, and (2) alters,
160	160	18 destroys, conceals, or removes any record, document, data,
161	161	19 video or thing to impair its validity or availability in the
162	162	20 proceeding.
163	163	21 (b) Decertification conduct. The Board has the authority
164	164	22 to decertify a full-time or a part-time law enforcement
165	165	23 officer upon a determination by the Board that the law
166	166	24 enforcement officer has:
167	167	25 (1) committed an act that would constitute a felony or
168	168	26 misdemeanor which could serve as basis for automatic
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179	179	1 decertification, whether or not the law enforcement
180	180	2 officer was criminally prosecuted, and whether or not the
181	181	3 law enforcement officer's employment was terminated;
182	182	4 (2) exercised excessive use of force;
183	183	5 (3) failed to comply with the officer's duty to
184	184	6 intervene, including through acts or omissions;
185	185	7 (4) tampered with a dash camera or body-worn camera or
186	186	8 data recorded by a dash camera or body-worn camera or
187	187	9 directed another to tamper with or turn off a dash camera
188	188	10 or body-worn camera or data recorded by a dash camera or
189	189	11 body-worn camera for the purpose of concealing, destroying
190	190	12 or altering potential evidence;
191	191	13 (5) engaged in the following conduct relating to the
192	192	14 reporting, investigation, or prosecution of a crime:
193	193	15 committed perjury, made a false statement, or knowingly
194	194	16 tampered with or fabricated evidence; and
195	195	17 (6) engaged in any unprofessional, unethical,
196	196	18 deceptive, or deleterious conduct or practice harmful to
197	197	19 the public; such conduct or practice need not have
198	198	20 resulted in actual injury to any person. As used in this
199	199	21 paragraph, the term "unprofessional conduct" shall include
200	200	22 any departure from, or failure to conform to, the minimal
201	201	23 standards of acceptable and prevailing practice of an
202	202	24 officer; and .
203	203	25 (7) failed to comply with trauma-informed response
204	204	26 retraining under the First Responder Trauma-Informed
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215	215	1 Response Training Act.
216	216	2 (b-5) The Board has the authority to decertify a full-time
217	217	3 or part-time law enforcement officer notwithstanding whether a
218	218	4 law enforcement agency takes disciplinary action against a law
219	219	5 enforcement officer for the same underlying conduct as
220	220	6 outlined in subsection (b).
221	221	7 (c) Notice of Alleged Violation.
222	222	8 (1) The following individuals and agencies shall
223	223	9 notify the Board within 7 days of becoming aware of any
224	224	10 violation described in subsection (b):
225	225	11 (A) A law enforcement agency as defined in Section
226	226	12 2 or any law enforcement officer of this State. For
227	227	13 this subsection (c), law enforcement agency includes,
228	228	14 but is not limited to, a civilian review board, an
229	229	15 inspector general, and legal counsel for a law
230	230	16 enforcement agency.
231	231	17 (B) The Executive Director of the Board;
232	232	18 (C) A State's Attorney's Office of this State.
233	233	19 "Becoming aware" does not include confidential
234	234	20 communications between agency lawyers and agencies
235	235	21 regarding legal advice. For purposes of this subsection,
236	236	22 "law enforcement agency" does not include the Illinois
237	237	23 Attorney General when providing legal representation to a
238	238	24 law enforcement officer under the State Employee
239	239	25 Indemnification Act.
240	240	26 (2) Any person may also notify the Board of any
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251	251	1 conduct the person believes a law enforcement officer has
252	252	2 committed as described in subsection (b). Such
253	253	3 notifications may be made confidentially. Notwithstanding
254	254	4 any other provision in state law or any collective
255	255	5 bargaining agreement, the Board shall accept notice and
256	256	6 investigate any allegations from individuals who remain
257	257	7 confidential.
258	258	8 (3) Upon written request, the Board shall disclose to
259	259	9 the individual or entity who filed a notice of violation
260	260	10 the status of the Board's review.
261	261	11 (d) Form. The notice of violation reported under
262	262	12 subsection (c) shall be on a form prescribed by the Board in
263	263	13 its rules. The form shall be publicly available by paper and
264	264	14 electronic means. The form shall include fields for the
265	265	15 following information, at a minimum:
266	266	16 (1) the full name, address, and telephone number of
267	267	17 the person submitting the notice;
268	268	18 (2) if submitted under subsection (c)(1), the agency
269	269	19 name and title of the person submitting the notice;
270	270	20 (3) the full name, badge number, employing agency, and
271	271	21 physical description of the officer, if known;
272	272	22 (4) the full name or names, address or addresses,
273	273	23 telephone number or numbers, and physical description or
274	274	24 descriptions of any witnesses, if known;
275	275	25 (5) a concise statement of facts that describe the
276	276	26 alleged violation and any copies of supporting evidence
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287	287	1 including but not limited to any photographic, video, or
288	288	2 audio recordings of the incident;
289	289	3 (6) whether the person submitting the notice has
290	290	4 notified any other agency; and
291	291	5 (7) an option for an individual, who submits directly
292	292	6 to the Board, to consent to have the individual's identity
293	293	7 disclosed. The identity of any individual providing
294	294	8 information or reporting any possible or alleged violation
295	295	9 to the Board shall be kept confidential and may not be
296	296	10 disclosed without the consent of that individual, unless
297	297	11 the individual consents to disclosure of the individual's
298	298	12 name or disclosure of the individual's identity is
299	299	13 otherwise required by law. The confidentiality granted by
300	300	14 this subsection does not preclude the disclosure of the
301	301	15 identity of a person in any capacity other than as the
302	302	16 source of an allegation.
303	303	17 Nothing in this subsection (d) shall preclude the Board
304	304	18 from receiving, investigating, or acting upon allegations made
305	305	19 confidentially or in a format different from the form provided
306	306	20 for in this subsection.
307	307	21 (e) Preliminary review.
308	308	22 (1) The Board shall complete a preliminary review of
309	309	23 the allegations to determine whether there is sufficient
310	310	24 information to warrant a further investigation of any
311	311	25 violations of the Act. Upon initiating a preliminary
312	312	26 review of the allegations, the Board shall notify the head
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323	323	1 of the law enforcement agency that employs the law
324	324	2 enforcement officer who is the subject of the allegations.
325	325	3 At the request of the Board, the law enforcement agency
326	326	4 must submit any copies of investigative findings,
327	327	5 evidence, or documentation to the Board in accordance with
328	328	6 rules adopted by the Board to facilitate the Board's
329	329	7 preliminary review. The Board may correspond with the law
330	330	8 enforcement agency, official records clerks or any
331	331	9 investigative agencies in conducting its preliminary
332	332	10 review.
333	333	11 (2) During the preliminary review, the Board will take
334	334	12 all reasonable steps to discover any and all objective
335	335	13 verifiable evidence relevant to the alleged violation
336	336	14 through the identification, retention, review, and
337	337	15 analysis of all currently available evidence, including,
338	338	16 but not limited to: all time-sensitive evidence, audio and
339	339	17 video evidence, physical evidence, arrest reports,
340	340	18 photographic evidence, GPS records, computer data, lab
341	341	19 reports, medical documents, and witness interviews. All
342	342	20 reasonable steps will be taken to preserve relevant
343	343	21 evidence identified during the preliminary investigation.
344	344	22 (3) If after a preliminary review of the alleged
345	345	23 violation or violations, the Board believes there is
346	346	24 sufficient information to warrant further investigation of
347	347	25 any violations of this Act, the alleged violation or
348	348	26 violations shall be assigned for investigation in
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359	359	1 accordance with subsection (f).
360	360	2 (4) If after a review of the allegations, the Board
361	361	3 believes there is insufficient information supporting the
362	362	4 allegations to warrant further investigation, it may close
363	363	5 a notice. Notification of the Board's decision to close a
364	364	6 notice shall be sent to all relevant individuals,
365	365	7 agencies, and any entities that received notice of the
366	366	8 violation under subsection (c) within 30 days of the
367	367	9 notice being closed, except in cases where the notice is
368	368	10 submitted anonymously if the complainant is unknown.
369	369	11 (5) Except when the Board has received notice under
370	370	12 subparagraph (A) of paragraph (1) of subsection (c), no
371	371	13 later than 30 days after receiving notice, the Board shall
372	372	14 report any notice of violation it receives to the relevant
373	373	15 law enforcement agency, unless reporting the notice would
374	374	16 jeopardize any subsequent investigation. The Board shall
375	375	17 also record any notice of violation it receives to the
376	376	18 Officer Professional Conduct Database in accordance with
377	377	19 Section 9.2. The Board shall report to the appropriate
378	378	20 State's Attorney any alleged violations that contain
379	379	21 allegations, claims, or factual assertions that, if true,
380	380	22 would constitute a violation of Illinois law. The Board
381	381	23 shall inform the law enforcement officer via certified
382	382	24 mail that it has received a notice of violation against
383	383	25 the law enforcement officer.
384	384	26 If the Board determines that due to the circumstances
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395	395	1 and the nature of the allegation that it would not be
396	396	2 prudent to notify the law enforcement officer and the
397	397	3 officer's law enforcement agency unless and until the
398	398	4 filing of a Formal Complaint, the Board shall document in
399	399	5 the file the reason or reasons a notification was not
400	400	6 made.
401	401	7 (6) If the law enforcement officer is involved in a
402	402	8 criminal proceeding on the same subject as the notice of
403	403	9 violation, the Board is responsible for maintaining a
404	404	10 current status report including court dates, hearings,
405	405	11 pleas, adjudication status and sentencing. A State's
406	406	12 Attorney's Office must notify the Board of any criminal
407	407	13 charges filed against a law enforcement officer, and must
408	408	14 provide updates of significant developments to the Board
409	409	15 in a timely manner but no later than 30 days after such
410	410	16 developments.
411	411	17 (f) Investigations; requirements. Investigations are to be
412	412	18 assigned after a preliminary review, unless the investigations
413	413	19 were closed under paragraph (4) of subsection (e), as follows
414	414	20 in paragraphs (1), (2), and (3) of this subsection (f).
415	415	21 (1) A law enforcement agency that submits a notice of
416	416	22 violation to the Board under subparagraph (A) of paragraph
417	417	23 (1) of subsection (c) shall be responsible for conducting
418	418	24 an investigation of the underlying allegations except
419	419	25 when: (i) the law enforcement agency refers the notice to
420	420	26 another law enforcement agency or the Board for
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431	431	1 investigation and such other agency or the Board agrees to
432	432	2 conduct the investigation; (ii) an external, independent,
433	433	3 or civilian oversight agency conducts the investigation in
434	434	4 accordance with local ordinance or other applicable law;
435	435	5 or (iii) the Board has determined that it will conduct the
436	436	6 investigation based upon the facts and circumstances of
437	437	7 the alleged violation, including but not limited to,
438	438	8 investigations regarding the Chief or Sheriff of a law
439	439	9 enforcement agency, familial conflict of interests,
440	440	10 complaints involving a substantial portion of a law
441	441	11 enforcement agency, or complaints involving a policy of a
442	442	12 law enforcement agency. Any agency or entity conducting an
443	443	13 investigation under this paragraph (1) shall submit
444	444	14 quarterly reports to the Board regarding the progress of
445	445	15 the investigation. The quarterly report shall be reviewed
446	446	16 by the individual or individuals at the Board who
447	447	17 conducted the preliminary review, if available.
448	448	18 Any agency or entity conducting an investigation under
449	449	19 this paragraph (1) shall, within 7 days of completing an
450	450	20 investigation, deliver an Investigative Summary Report and
451	451	21 copies of any administrative evidence to the Board. If the
452	452	22 Board finds an investigation conducted under this
453	453	23 paragraph (1) is incomplete, unsatisfactory, or deficient
454	454	24 in any way, the Board may direct the investigating entity
455	455	25 or agency to take any additional investigative steps
456	456	26 deemed necessary to thoroughly and satisfactorily complete
457	457
458	458
459	459
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467	467	1 the investigation, or the Board may take any steps
468	468	2 necessary to complete the investigation. The investigating
469	469	3 entity or agency or, when necessary, the Board will then
470	470	4 amend and re-submit the Investigative Summary Report to
471	471	5 the Board for approval.
472	472	6 The Board shall submit a report to the investigating
473	473	7 entity disclosing the name, address, and telephone numbers
474	474	8 of persons who have knowledge of facts which are the
475	475	9 subject of the investigation and identifying the subject
476	476	10 matter of their knowledge.
477	477	11 (2) The Board shall investigate and complete an
478	478	12 Investigative Summary Report when a State's Attorney's
479	479	13 Office submits a notice of violation to the Board under
480	480	14 (c)(1)(C).
481	481	15 (3) When a person submits a notice to the Board under
482	482	16 paragraph (2) of subsection (c), The Board shall assign
483	483	17 the investigation to the law enforcement agency that
484	484	18 employs the law enforcement officer, except when: (i) the
485	485	19 law enforcement agency requests to refer the notice to
486	486	20 another law enforcement agency or the Board for
487	487	21 investigation and such other agency or the Board agrees to
488	488	22 conduct the investigation; (ii) an external, independent,
489	489	23 or civilian oversight agency conducts the investigation in
490	490	24 accordance with local ordinance or other applicable law;
491	491	25 or (iii) the Board has determined that it will conduct the
492	492	26 investigation based upon the facts and circumstances of
493	493
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503	503	1 the alleged violation, including but not limited to,
504	504	2 investigations regarding the Chief or Sheriff of a law
505	505	3 enforcement agency, familial conflict of interests,
506	506	4 complaints involving a substantial portion of a law
507	507	5 enforcement agency, or complaints involving a policy of a
508	508	6 law enforcement agency.
509	509	7 The investigating entity or agency shall submit
510	510	8 quarterly reports to the Board regarding the progress of
511	511	9 the investigation in a form to be determined by the Board.
512	512	10 The quarterly report shall be reviewed by the individual
513	513	11 at the Board who conducted the preliminary review, if
514	514	12 available.
515	515	13 The investigating entity or agency shall, within 7 days of
516	516	14 completing an investigation, deliver an Investigative
517	517	15 Summary Report and copies of any evidence to the Board. If
518	518	16 the Board finds an investigation conducted under this
519	519	17 subsection (f)(3) is incomplete, unsatisfactory, or
520	520	18 deficient in any way, the Board may direct the
521	521	19 investigating entity to take any additional investigative
522	522	20 steps deemed necessary to thoroughly and satisfactorily
523	523	21 complete the investigation, or the Board may take any
524	524	22 steps necessary to complete the investigation. The
525	525	23 investigating entity or agency or, when necessary, the
526	526	24 Board will then amend and re-submit the Investigative
527	527	25 Summary Report to the Board for approval. The
528	528	26 investigating entity shall cooperate with and assist the
529	529
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531	531
532	532
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539	539	1 Board, as necessary, in any subsequent investigation.
540	540	2 (4) Concurrent Investigations. The Board may, at any
541	541	3 point, initiate a concurrent investigation under this
542	542	4 section. The original investigating entity shall timely
543	543	5 communicate, coordinate, and cooperate with the Board to
544	544	6 the fullest extent. The Board shall promulgate rules that
545	545	7 shall address, at a minimum, the sharing of information
546	546	8 and investigative means such as subpoenas and interviewing
547	547	9 witnesses.
548	548	10 (5) Investigative Summary Report. An Investigative
549	549	11 Summary Report shall contain, at a minimum, the
550	550	12 allegations and elements within each allegation followed
551	551	13 by the testimonial, documentary, or physical evidence that
552	552	14 is relevant to each such allegation or element listed and
553	553	15 discussed in association with it. All persons who have
554	554	16 been interviewed and listed in the Investigative Summary
555	555	17 Report will be identified as a complainant, witness,
556	556	18 person with specialized knowledge, or law enforcement
557	557	19 employee.
558	558	20 (6) Each law enforcement agency shall adopt a written
559	559	21 policy regarding the investigation of conduct under
560	560	22 subsection (a) that involves a law enforcement officer
561	561	23 employed by that law enforcement agency. The written
562	562	24 policy adopted must include the following, at a minimum:
563	563	25 (a) Each law enforcement officer shall immediately
564	564	26 report any conduct under subsection (b) to the
565	565
566	566
567	567
568	568
569	569
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571	571
572	572
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575	575	1 appropriate supervising officer.
576	576	2 (b) The written policy under this Section shall be
577	577	3 available for inspection and copying under the Freedom
578	578	4 of Information Act, and not subject to any exemption
579	579	5 of that Act.
580	580	6 (7) Nothing in this Act shall prohibit a law
581	581	7 enforcement agency from conducting an investigation for
582	582	8 the purpose of internal discipline. However, any such
583	583	9 investigation shall be conducted in a manner that avoids
584	584	10 interference with, and preserves the integrity of, any
585	585	11 separate investigation by the Board being conducted.
586	586	12 (g) Formal complaints. Upon receipt of an Investigative
587	587	13 Summary Report, the Board shall review the Report and any
588	588	14 relevant evidence obtained and determine whether there is
589	589	15 reasonable basis to believe that the law enforcement officer
590	590	16 committed any conduct that would be deemed a violation of this
591	591	17 Act. If after reviewing the Report and any other relevant
592	592	18 evidence obtained, the Board determines that a reasonable
593	593	19 basis does exist, the Board shall file a formal complaint with
594	594	20 the Certification Review Panel.
595	595	21 (h) Formal Complaint Hearing.
596	596	22 (1) Upon issuance of a formal complaint, the Panel
597	597	23 shall set the matter for an initial hearing in front of an
598	598	24 administrative law judge. At least 30 days before the date
599	599	25 set for an initial hearing, the Panel must, in writing,
600	600	26 notify the law enforcement officer subject to the
601	601
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611	611	1 complaint of the following:
612	612	2 (i) the allegations against the law enforcement
613	613	3 officer, the time and place for the hearing, and
614	614	4 whether the law enforcement officer's certification
615	615	5 has been temporarily suspended under Section 8.3;
616	616	6 (ii) the right to file a written answer to the
617	617	7 complaint with the Panel within 30 days after service
618	618	8 of the notice;
619	619	9 (iii) if the law enforcement officer fails to
620	620	10 comply with the notice of the default order in
621	621	11 paragraph (2), the Panel shall enter a default order
622	622	12 against the law enforcement officer along with a
623	623	13 finding that the allegations in the complaint are
624	624	14 deemed admitted, and that the law enforcement
625	625	15 officer's certification may be revoked as a result;
626	626	16 and
627	627	17 (iv) the law enforcement officer may request an
628	628	18 informal conference to surrender the officer's
629	629	19 certification.
630	630	20 (2) The Board shall send the law enforcement officer
631	631	21 notice of the default order. The notice shall state that
632	632	22 the officer has 30 days to notify the Board in writing of
633	633	23 their desire to have the order vacated and to appear
634	634	24 before the Board. If the law enforcement officer does not
635	635	25 notify the Board within 30 days, the Board may set the
636	636	26 matter for hearing. If the matter is set for hearing, the
637	637
638	638
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643	643
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647	647	1 Board shall send the law enforcement officer the notice of
648	648	2 the date, time and location of the hearing. If the law
649	649	3 enforcement officer or counsel for the officer does
650	650	4 appear, at the Board's discretion, the hearing may proceed
651	651	5 or may be continued to a date and time agreed upon by all
652	652	6 parties. If on the date of the hearing, neither the law
653	653	7 enforcement officer nor counsel for the officer appears,
654	654	8 the Board may proceed with the hearing for default in
655	655	9 their absence.
656	656	10 (3) If the law enforcement officer fails to comply
657	657	11 with paragraph (2), all of the allegations contained in
658	658	12 the complaint shall be deemed admitted and the law
659	659	13 enforcement officer shall be decertified if, by a majority
660	660	14 vote of the panel, the conduct charged in the complaint is
661	661	15 found to constitute sufficient grounds for decertification
662	662	16 under this Act. Notice of the decertification decision may
663	663	17 be served by personal delivery, by mail, or, at the
664	664	18 discretion of the Board, by electronic means as adopted by
665	665	19 rule to the address or email address specified by the law
666	666	20 enforcement officer in the officer's last communication
667	667	21 with the Board. Notice shall also be provided to the law
668	668	22 enforcement officer's employing law enforcement agency.
669	669	23 (4) The Board, at the request of the law enforcement
670	670	24 officer subject to the Formal Complaint, may suspend a
671	671	25 hearing on a Formal Complaint for no more than one year if
672	672	26 a concurrent criminal matter is pending. If the law
673	673
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683	683	1 enforcement officer requests to have the hearing
684	684	2 suspended, the law enforcement officer's certification
685	685	3 shall be deemed inactive until the law enforcement
686	686	4 officer's Formal Complaint hearing concludes. The Board or
687	687	5 the law enforcement officer may request to have the
688	688	6 hearing suspended for up to 6 additional months for good
689	689	7 cause. This request may be renewed. For purposes of this
690	690	8 paragraph (4), "good cause" means an incident or
691	691	9 occurrence that is beyond the control of the requester and
692	692	10 that prevents the hearing from occurring, or holding the
693	693	11 hearing would impose an undue hardship or prejudice on the
694	694	12 requester.
695	695	13 (5) Surrender of certification or waiver. Upon the
696	696	14 Board's issuance of a complaint, and prior to hearing on
697	697	15 the matter, a law enforcement officer may choose to
698	698	16 surrender the officer's certification or waiver by
699	699	17 notifying the Board in writing of the officer's decision
700	700	18 to do so. Upon receipt of such notification from the law
701	701	19 enforcement officer, the Board shall immediately decertify
702	702	20 the officer, or revoke any waiver previously granted. In
703	703	21 the case of a surrender of certification or waiver, the
704	704	22 Board's proceeding shall terminate.
705	705	23 (6) Appointment of administrative law judges. The
706	706	24 Board shall retain any attorney licensed to practice law
707	707	25 in the State of Illinois to serve as an administrative law
708	708	26 judge in any action involving a law enforcement officer
709	709
710	710
711	711
712	712
713	713
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715	715
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719	719	1 under this Act. The administrative law judge shall be
720	720	2 retained to a term of no greater than 4 years. If more than
721	721	3 one judge is retained, the terms shall be staggered. The
722	722	4 administrative law judge has full authority to conduct the
723	723	5 hearings.
724	724	6 Administrative law judges will receive initial and
725	725	7 annual training that is adequate in quality, quantity,
726	726	8 scope, and type, and will cover, at minimum the following
727	727	9 topics:
728	728	10 (i) constitutional and other relevant law on
729	729	11 police-community encounters, including the law on the
730	730	12 use of force and stops, searches, and arrests;
731	731	13 (ii) police tactics;
732	732	14 (iii) investigations of police conduct;
733	733	15 (iv) impartial policing;
734	734	16 (v) policing individuals in crisis;
735	735	17 (vi) Illinois police policies, procedures, and
736	736	18 disciplinary rules;
737	737	19 (vii) procedural justice; and
738	738	20 (viii) community outreach.
739	739	21 The Board shall determine the content and extent of
740	740	22 the training within the scope provided for by this
741	741	23 subsection.
742	742	24 (7) Hearing. At the hearing, the administrative law
743	743	25 judge will hear the allegations alleged in the complaint.
744	744	26 The law enforcement officer, the counsel of the officer's
745	745
746	746
747	747
748	748
749	749
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751	751
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755	755	1 choosing, and the Board, or the officer's counsel, shall
756	756	2 be afforded the opportunity to present any pertinent
757	757	3 statements, testimony, evidence, and arguments. The law
758	758	4 enforcement officer shall be afforded the opportunity to
759	759	5 request that the Board compel the attendance of witnesses
760	760	6 and production of related documents. After the conclusion
761	761	7 of the hearing, the administrative law judge shall report
762	762	8 any findings of fact, conclusions of law, and recommended
763	763	9 disposition to the Panel. If the law enforcement officer
764	764	10 objects to any procedural or substantive legal portion of
765	765	11 the report, the officer may do so by written brief filed
766	766	12 with the Panel within 14 days after receipt of the report.
767	767	13 The Panel may grant reasonable extensions for good cause
768	768	14 shown or when mutually agreed upon by the parties.
769	769	15 No later than 28 days before the hearing, a party
770	770	16 shall disclose the following:
771	771	17 (i) The name and, if known, the address and
772	772	18 telephone number of each individual likely to have
773	773	19 information relevant to the hearing that the
774	774	20 disclosing party may use to support its claims or
775	775	21 defenses. This includes, but is not limited to, any
776	776	22 name that has previously been held as confidential by
777	777	23 the Board.
778	778	24 (ii) A copy of any documents and videos that are in
779	779	25 the possession, custody, or control of the party, and
780	780	26 that the disclosing party may use to support its
781	781
782	782
783	783
784	784
785	785
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787	787
788	788
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791	791	1 claims or defenses.
792	792	2 (8) Certification Review Meeting. Upon receipt of the
793	793	3 administrative law judge's findings of fact, conclusions
794	794	4 of law, and recommended disposition, and any submitted
795	795	5 objections from the law enforcement officer, the Panel
796	796	6 shall call for a certification review meeting.
797	797	7 In such a meeting, the Panel may adjourn into a closed
798	798	8 conference for the purposes of deliberating on the
799	799	9 evidence presented during the hearing. In closed
800	800	10 conference, the Panel shall consider the hearing officer's
801	801	11 findings of fact, conclusions of law, and recommended
802	802	12 disposition and may deliberate on all evidence and
803	803	13 testimony received and may consider the weight and
804	804	14 credibility to be given to the evidence received. No new
805	805	15 or additional evidence may be presented to the Panel.
806	806	16 After concluding its deliberations, the Panel shall
807	807	17 convene in open session for its consideration of the
808	808	18 matter. If a simple majority of the Panel finds that no
809	809	19 allegations in the complaint supporting one or more
810	810	20 charges of misconduct are proven by clear and convincing
811	811	21 evidence, then the Panel shall recommend to the Board that
812	812	22 the complaint be dismissed. If a simple majority of the
813	813	23 Panel finds that the allegations in the complaint
814	814	24 supporting one or more charges of misconduct are proven by
815	815	25 clear and convincing evidence, then the Panel shall
816	816	26 recommend to the Board to decertify the officer. The Panel
817	817
818	818
819	819
820	820
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823	823
824	824
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827	827	1 shall prepare a summary report as soon as practicable
828	828	2 after the completion of the meeting including the
829	829	3 following: the hearing officer's findings of fact,
830	830	4 conclusions of law, recommended disposition, and the
831	831	5 Panel's order.
832	832	6 (9) Final action by the Board. After receiving the
833	833	7 Panel's recommendations and any objections by the law
834	834	8 enforcement officer, and after due consideration of the
835	835	9 Panel's recommendations, the Board, by majority vote,
836	836	10 shall issue a final decision to decertify the law
837	837	11 enforcement officer or take no action in regard to the law
838	838	12 enforcement officer. No new or additional evidence may be
839	839	13 presented to the Board. If the Board makes a final
840	840	14 decision contrary to the recommendations of the Panel, the
841	841	15 Board shall set forth in its final written decision the
842	842	16 specific written reasons for not following the Panel's
843	843	17 recommendations. A copy of the Board's final decision
844	844	18 shall be served upon the law enforcement officer by the
845	845	19 Board, either personally or as provided in this Act for
846	846	20 the service of a notice of hearing. A copy of the Board's
847	847	21 final decision also shall be delivered to the last
848	848	22 employing law enforcement agency, the complainant, and the
849	849	23 Panel.
850	850	24 (10) Reconsideration of the Board's Decision. Within
851	851	25 30 days after service of the Board's final decision, the
852	852	26 Panel or the law enforcement officer may file a written
853	853
854	854
855	855
856	856
857	857
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859	859
860	860
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863	863	1 motion for reconsideration with the Review Committee. The
864	864	2 motion for reconsideration shall specify the particular
865	865	3 grounds for reconsideration. The non-moving party may
866	866	4 respond to the motion for reconsideration. The Review
867	867	5 Committee shall only address the issues raised by the
868	868	6 parties.
869	869	7 The Review Committee may deny the motion for
870	870	8 reconsideration, or it may grant the motion in whole or in
871	871	9 part and issue a new final decision in the matter. The
872	872	10 Review Committee must notify the law enforcement officer
873	873	11 and their last employing law enforcement agency within 14
874	874	12 days of a denial and state the reasons for denial.
875	875	13 (i) This Section applies to conduct by a full-time or
876	876	14 part-time law enforcement officer in violation of subsection
877	877	15 (b) that occurred before, on, or after the effective date of
878	878	16 this amendatory Act of the 102nd General Assembly.
879	879	17 (j) Notwithstanding any provision of law to the contrary,
880	880	18 the changes made to this Section by this amendatory Act of the
881	881	19 102nd General Assembly and Public Act 101-652 take effect July
882	882	20 1, 2022.
883	883	21 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
884	884	22 Section 105. The Emergency Medical Services (EMS) Systems
885	885	23 Act is amended by changing Section 3.50 and adding Section
886	886	24 3.51 as follows:
887	887
888	888
889	889
890	890
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893	893
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897	897	1 (210 ILCS 50/3.50)
898	898	2 Sec. 3.50. Emergency Medical Services personnel licensure
899	899	3 levels.
900	900	4 (a) "Emergency Medical Technician" or "EMT" means a person
901	901	5 who has successfully completed a course in basic life support
902	902	6 as approved by the Department, is currently licensed by the
903	903	7 Department in accordance with standards prescribed by this Act
904	904	8 and rules adopted by the Department pursuant to this Act, and
905	905	9 practices within an EMS System. A valid Emergency Medical
906	906	10 Technician-Basic (EMT-B) license issued under this Act shall
907	907	11 continue to be valid and shall be recognized as an Emergency
908	908	12 Medical Technician (EMT) license until the Emergency Medical
909	909	13 Technician-Basic (EMT-B) license expires.
910	910	14 (b) "Emergency Medical Technician-Intermediate" or "EMT-I"
911	911	15 means a person who has successfully completed a course in
912	912	16 intermediate life support as approved by the Department, is
913	913	17 currently licensed by the Department in accordance with
914	914	18 standards prescribed by this Act and rules adopted by the
915	915	19 Department pursuant to this Act, and practices within an
916	916	20 Intermediate or Advanced Life Support EMS System.
917	917	21 (b-5) "Advanced Emergency Medical Technician" or "A-EMT"
918	918	22 means a person who has successfully completed a course in
919	919	23 basic and limited advanced emergency medical care as approved
920	920	24 by the Department, is currently licensed by the Department in
921	921	25 accordance with standards prescribed by this Act and rules
922	922	26 adopted by the Department pursuant to this Act, and practices
923	923
924	924
925	925
926	926
927	927
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929	929
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933	933	1 within an Intermediate or Advanced Life Support EMS System.
934	934	2 (c) "Paramedic (EMT-P)" means a person who has
935	935	3 successfully completed a course in advanced life support care
936	936	4 as approved by the Department, is licensed by the Department
937	937	5 in accordance with standards prescribed by this Act and rules
938	938	6 adopted by the Department pursuant to this Act, and practices
939	939	7 within an Advanced Life Support EMS System. A valid Emergency
940	940	8 Medical Technician-Paramedic (EMT-P) license issued under this
941	941	9 Act shall continue to be valid and shall be recognized as a
942	942	10 Paramedic license until the Emergency Medical
943	943	11 Technician-Paramedic (EMT-P) license expires.
944	944	12 (c-5) "Emergency Medical Responder" or "EMR (First
945	945	13 Responder)" means a person who has successfully completed a
946	946	14 course in emergency medical response as approved by the
947	947	15 Department and provides emergency medical response services in
948	948	16 accordance with the level of care established by the National
949	949	17 EMS Educational Standards Emergency Medical Responder course
950	950	18 as modified by the Department, or who provides services as
951	951	19 part of an EMS System response plan, as approved by the
952	952	20 Department, of that EMS System. The Department shall have the
953	953	21 authority to adopt rules governing the curriculum, practice,
954	954	22 and necessary equipment applicable to Emergency Medical
955	955	23 Responders.
956	956	24 On August 15, 2014 (the effective date of Public Act
957	957	25 98-973), a person who is licensed by the Department as a First
958	958	26 Responder and has completed a Department-approved course in
959	959
960	960
961	961
962	962
963	963
964	964	SB2812 - 26 - LRB103 35853 AWJ 65938 b
965	965
966	966
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969	969	1 first responder defibrillator training based on, or equivalent
970	970	2 to, the National EMS Educational Standards or other standards
971	971	3 previously recognized by the Department shall be eligible for
972	972	4 licensure as an Emergency Medical Responder upon meeting the
973	973	5 licensure requirements and submitting an application to the
974	974	6 Department. A valid First Responder license issued under this
975	975	7 Act shall continue to be valid and shall be recognized as an
976	976	8 Emergency Medical Responder license until the First Responder
977	977	9 license expires.
978	978	10 (c-10) All EMS Systems and licensees shall be fully
979	979	11 compliant with the National EMS Education Standards, as
980	980	12 modified by the Department in administrative rules, within 24
981	981	13 months after the adoption of the administrative rules.
982	982	14 (d) The Department shall have the authority and
983	983	15 responsibility to:
984	984	16 (1) Prescribe education and training requirements,
985	985	17 which includes training in the use of epinephrine, for all
986	986	18 levels of EMS personnel except for EMRs, based on the
987	987	19 National EMS Educational Standards and any modifications
988	988	20 to those curricula specified by the Department through
989	989	21 rules adopted pursuant to this Act.
990	990	22 (2) Prescribe licensure testing requirements for all
991	991	23 levels of EMS personnel, which shall include a requirement
992	992	24 that all phases of instruction, training, and field
993	993	25 experience be completed before taking the appropriate
994	994	26 licensure examination. Candidates may elect to take the
995	995
996	996
997	997
998	998
999	999
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1001	1001
1002	1002
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1004	1004	SB2812 - 28 - LRB103 35853 AWJ 65938 b
1005	1005	1 appropriate National Registry examination in lieu of the
1006	1006	2 Department's examination, but are responsible for making
1007	1007	3 their own arrangements for taking the National Registry
1008	1008	4 examination. In prescribing licensure testing requirements
1009	1009	5 for honorably discharged members of the armed forces of
1010	1010	6 the United States under this paragraph (2), the Department
1011	1011	7 shall ensure that a candidate's military emergency medical
1012	1012	8 training, emergency medical curriculum completed, and
1013	1013	9 clinical experience, as described in paragraph (2.5), are
1014	1014	10 recognized.
1015	1015	11 (2.5) Review applications for EMS personnel licensure
1016	1016	12 from honorably discharged members of the armed forces of
1017	1017	13 the United States with military emergency medical
1018	1018	14 training. Applications shall be filed with the Department
1019	1019	15 within one year after military discharge and shall
1020	1020	16 contain: (i) proof of successful completion of military
1021	1021	17 emergency medical training; (ii) a detailed description of
1022	1022	18 the emergency medical curriculum completed; and (iii) a
1023	1023	19 detailed description of the applicant's clinical
1024	1024	20 experience. The Department may request additional and
1025	1025	21 clarifying information. The Department shall evaluate the
1026	1026	22 application, including the applicant's training and
1027	1027	23 experience, consistent with the standards set forth under
1028	1028	24 subsections (a), (b), (c), and (d) of Section 3.10. If the
1029	1029	25 application clearly demonstrates that the training and
1030	1030	26 experience meet such standards, the Department shall offer
1031	1031
1032	1032
1033	1033
1034	1034
1035	1035
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1037	1037
1038	1038
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1041	1041	1 the applicant the opportunity to successfully complete a
1042	1042	2 Department-approved EMS personnel examination for the
1043	1043	3 level of license for which the applicant is qualified.
1044	1044	4 Upon passage of an examination, the Department shall issue
1045	1045	5 a license, which shall be subject to all provisions of
1046	1046	6 this Act that are otherwise applicable to the level of EMS
1047	1047	7 personnel license issued.
1048	1048	8 (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
1049	1049	9 or Paramedic who have met the Department's education,
1050	1050	10 training and examination requirements.
1051	1051	11 (4) Prescribe annual continuing education and
1052	1052	12 relicensure requirements for all EMS personnel licensure
1053	1053	13 levels.
1054	1054	14 (5) Relicense individuals as an EMD, EMR, EMT, EMT-I,
1055	1055	15 A-EMT, PHRN, PHAPRN, PHPA, or Paramedic every 4 years,
1056	1056	16 based on their compliance with continuing education and
1057	1057	17 relicensure requirements as required by the Department
1058	1058	18 pursuant to this Act. Every 4 years, a Paramedic shall
1059	1059	19 have 100 hours of approved continuing education, an EMT-I
1060	1060	20 and an advanced EMT shall have 80 hours of approved
1061	1061	21 continuing education, and an EMT shall have 60 hours of
1062	1062	22 approved continuing education. An Illinois licensed EMR,
1063	1063	23 EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or
1064	1064	24 PHRN whose license has been expired for less than 36
1065	1065	25 months may apply for reinstatement by the Department.
1066	1066	26 Reinstatement shall require that the applicant (i) submit
1067	1067
1068	1068
1069	1069
1070	1070
1071	1071
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1073	1073
1074	1074
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1077	1077	1 satisfactory proof of completion of continuing medical
1078	1078	2 education and clinical requirements to be prescribed by
1079	1079	3 the Department in an administrative rule; (ii) submit a
1080	1080	4 positive recommendation from an Illinois EMS Medical
1081	1081	5 Director attesting to the applicant's qualifications for
1082	1082	6 retesting; and (iii) pass a Department approved test for
1083	1083	7 the level of EMS personnel license sought to be
1084	1084	8 reinstated.
1085	1085	9 (6) Grant inactive status to any EMR, EMD, EMT, EMT-I,
1086	1086	10 A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who
1087	1087	11 qualifies, based on standards and procedures established
1088	1088	12 by the Department in rules adopted pursuant to this Act.
1089	1089	13 (7) Charge a fee for EMS personnel examination,
1090	1090	14 licensure, and license renewal.
1091	1091	15 (8) Suspend, revoke, or refuse to issue or renew the
1092	1092	16 license of any licensee, after an opportunity for an
1093	1093	17 impartial hearing before a neutral administrative law
1094	1094	18 judge appointed by the Director, where the preponderance
1095	1095	19 of the evidence shows one or more of the following:
1096	1096	20 (A) The licensee has not met continuing education
1097	1097	21 or relicensure requirements as prescribed by the
1098	1098	22 Department;
1099	1099	23 (B) The licensee has failed to maintain
1100	1100	24 proficiency in the level of skills for which he or she
1101	1101	25 is licensed;
1102	1102	26 (C) The licensee, during the provision of medical
1103	1103
1104	1104
1105	1105
1106	1106
1107	1107
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1109	1109
1110	1110
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1113	1113	1 services, engaged in dishonorable, unethical, or
1114	1114	2 unprofessional conduct of a character likely to
1115	1115	3 deceive, defraud, or harm the public;
1116	1116	4 (D) The licensee has failed to maintain or has
1117	1117	5 violated standards of performance and conduct as
1118	1118	6 prescribed by the Department in rules adopted pursuant
1119	1119	7 to this Act or his or her EMS System's Program Plan;
1120	1120	8 (E) The licensee is physically impaired to the
1121	1121	9 extent that he or she cannot physically perform the
1122	1122	10 skills and functions for which he or she is licensed,
1123	1123	11 as verified by a physician, unless the person is on
1124	1124	12 inactive status pursuant to Department regulations;
1125	1125	13 (F) The licensee is mentally impaired to the
1126	1126	14 extent that he or she cannot exercise the appropriate
1127	1127	15 judgment, skill and safety for performing the
1128	1128	16 functions for which he or she is licensed, as verified
1129	1129	17 by a physician, unless the person is on inactive
1130	1130	18 status pursuant to Department regulations;
1131	1131	19 (G) The licensee has violated this Act or any rule
1132	1132	20 adopted by the Department pursuant to this Act; or
1133	1133	21 (H) The licensee has been convicted (or entered a
1134	1134	22 plea of guilty or nolo contendere) by a court of
1135	1135	23 competent jurisdiction of a Class X, Class 1, or Class
1136	1136	24 2 felony in this State or an out-of-state equivalent
1137	1137	25 offense; or .
1138	1138	26 (I) The licensee has failed to comply with
1139	1139
1140	1140
1141	1141
1142	1142
1143	1143
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1145	1145
1146	1146
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1148	1148	SB2812 - 32 - LRB103 35853 AWJ 65938 b
1149	1149	1 trauma-informed response retraining under the First
1150	1150	2 Responder Trauma-Informed Response Training Act.
1151	1151	3 (9) Prescribe education and training requirements in
1152	1152	4 the administration and use of opioid antagonists for all
1153	1153	5 levels of EMS personnel based on the National EMS
1154	1154	6 Educational Standards and any modifications to those
1155	1155	7 curricula specified by the Department through rules
1156	1156	8 adopted pursuant to this Act.
1157	1157	9 (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN,
1158	1158	10 PHAPRN, PHPA, or PHRN who is a member of the Illinois National
1159	1159	11 Guard or an Illinois State Trooper or who exclusively serves
1160	1160	12 as a volunteer for units of local government with a population
1161	1161	13 base of less than 5,000 or as a volunteer for a not-for-profit
1162	1162	14 organization that serves a service area with a population base
1163	1163	15 of less than 5,000 may submit an application to the Department
1164	1164	16 for a waiver of the fees described under paragraph (7) of
1165	1165	17 subsection (d) of this Section on a form prescribed by the
1166	1166	18 Department.
1167	1167	19 The education requirements prescribed by the Department
1168	1168	20 under this Section must allow for the suspension of those
1169	1169	21 requirements in the case of a member of the armed services or
1170	1170	22 reserve forces of the United States or a member of the Illinois
1171	1171	23 National Guard who is on active duty pursuant to an executive
1172	1172	24 order of the President of the United States, an act of the
1173	1173	25 Congress of the United States, or an order of the Governor at
1174	1174	26 the time that the member would otherwise be required to
1175	1175
1176	1176
1177	1177
1178	1178
1179	1179
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1181	1181
1182	1182
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1184	1184	SB2812 - 33 - LRB103 35853 AWJ 65938 b
1185	1185	1 fulfill a particular education requirement. Such a person must
1186	1186	2 fulfill the education requirement within 6 months after his or
1187	1187	3 her release from active duty.
1188	1188	4 (e) In the event that any rule of the Department or an EMS
1189	1189	5 Medical Director that requires testing for drug use as a
1190	1190	6 condition of the applicable EMS personnel license conflicts
1191	1191	7 with or duplicates a provision of a collective bargaining
1192	1192	8 agreement that requires testing for drug use, that rule shall
1193	1193	9 not apply to any person covered by the collective bargaining
1194	1194	10 agreement.
1195	1195	11 (f) At the time of applying for or renewing his or her
1196	1196	12 license, an applicant for a license or license renewal may
1197	1197	13 submit an email address to the Department. The Department
1198	1198	14 shall keep the email address on file as a form of contact for
1199	1199	15 the individual. The Department shall send license renewal
1200	1200	16 notices electronically and by mail to a licensee who provides
1201	1201	17 the Department with his or her email address. The notices
1202	1202	18 shall be sent at least 60 days prior to the expiration date of
1203	1203	19 the license.
1204	1204	20 (Source: P.A. 101-81, eff. 7-12-19; 101-153, eff. 1-1-20;
1205	1205	21 102-558, eff. 8-20-21; 102-623, eff. 8-27-21.)
1206	1206	22 (210 ILCS 50/3.51 new)
1207	1207	23 Sec. 3.51. Trauma-informed response training; rules. The
1208	1208	24 Department shall adopt rules to implement the trauma-informed
1209	1209	25 response training required under the First Responder
1210	1210
1211	1211
1212	1212
1213	1213
1214	1214
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1216	1216
1217	1217
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1221	1221
1222	1222
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