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Amended Juvenile Records Law takes effect January 2018
PA100-0285 takes effect January 1, 2018 and It requires
(705 ILCS 405/5-915) Sec. 5-915. Expungement of juvenile law enforcement and court records.
(0.1) (a) The Department of State Police and all law enforcement agencies within the State shall automatically expunge, on or before January 1 of each year, all law enforcement records relating to events occurring before an individual's 18th birthday if: ………
Mandatory Drug Testing for Officer Involved Shootings
Did you know the Police Community Relations Improvement Act was amended effective August 25, 2017
Each law enforcement agency shall adopt a written policy regarding an officer-involved shooting
and it must now include drug testing.
Effective Jan 1, 2018 Agencies must Have Written Policies for Investigating Sexual Assault/Abuse
On or before July 1, 2017, watch for the release of the guidelines being developed by the Office of the Attorney General so you can develop your required written policies/procedures under this new law.Sexual Assault Incident Procedure Act. (web link)Section 15. Sexual assault incident policies.(a) On or before January 1, 2018, every law enforcement agency shall develop, adopt, and implement written policies regarding procedures for incidents of sexual assault or sexual abuse consistent with the guidelines developed under subsection (b) of this Section. In developing these policies, each law enforcement agency is encouraged to consult with other law enforcement agencies, sexual assault advocates, and sexual assault nurse examiners with expertise in recognizing and handling sexual assault and sexual abuse incidents. These policies must include mandatory sexual assault and sexual abuse response training as required in Section 10.19 of the Illinois Police Training Act and Sections 2605-53 and 2605-98 of the Department of State Police Law of the Civil Administrative Code of Illinois.(b) On or before July 1, 2017, the Office of the Attorney General, in consultation with the Illinois Law Enforcement Training Standards Board and the Department of State Police, shall develop and make available to each law enforcement agency, comprehensive guidelines for creation of a law enforcement agency policy on evidence-based, trauma-informed, victim-centered sexual assault and sexual abuse respo
New Drone Laws? Drone Privacy Act Moving Through Congress
The Drone Aircraft Privacy and Transparency Act may become the newest drone law.
By CS Staff · April 5, 2017
A proposed law will be considered by Congress that is aimed at protecting individual privacy from the rising number of government and commercial drones in use.
Introduced by Sen. Edward J. Markey, D-Mass., and Rep. Peter Welch, D-Vt., the Drone Aircraft Privacy and Transparency Act has been referred to the House Committees on Transportation and Infrastructure and Energy and Commerce, according to biometricupdate.com.
“What happens if there are drones that are gathering, through facial recognition, who is shopping on Main Street and selling that to advertisers?” Markey told a Senate Commerce Committee hearing on future drone use.
Have You Updated Your Domestic Violence Policy Yet?
ARREST PROCEDURE POLICIES IN DOMESTIC VIOLENCEHB 5538 (PA 99-0810) Effective January 1, 2017Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that in developing ARREST PROCEDURE POLICIES IN DOMESTIC VIOLENCE situations, each law enforcement agency shall (instead of "is encouraged to") consult with community organizations and other law enforcement agencies with expertise in recognizing and handling domestic violence incidents. Provides that in the initial training of new recruits and every 5 years in the continuing education of law enforcement officers, every law enforcement agency shall provide training to aid in understanding the actions of domestic violence victims and abusers and to prevent further victimization of those who have been abused, focusing specifically on looking beyond the physical evidence to the psychology of domestic violence situations, such as the dynamics of the aggressor-victim relationship, separately evaluating claims where both parties claim to be the victim, and long-term effects.THIS FUTURE TRAINING MANDATE IS STILL A BIT DOWN THE ROADProvides that the Law Enforcement Training Standards Board shall formulate and administer the training as part of the current programs for both new recruits and active law enforcement officers. Provides that the Board shall formulate the training by July 1, 2017, and implement the training statewide by July 1, 2018. Provides that in formulating the training, the Boa
Update to Attorney Generals Information & Forms for the Sexual Assault Incident Procedure Act
The implementation materials/forms for the Sexual Assault Incident Procedure Act are posted on the MTU1 website under the members tab. Some of thispreviously distributed informationhas been revised following some initial feedback and questions.Go to the websiteto locate the links for the forms.Go to the MTU1 website page here "Sexual Assault Incident Procedure Act."Go to the Illinois Coalition Against Sexual Assault (ICASA) website for a full list of the sex assault lawsSince ourlast posting of information on this topic,3 additional forms have been released (not all police related). Confirmation of Transfer of Sexual Assault Report to Law Enforcement Agency Having Jurisdiction This from may be used by agencies when sending a written report of a sexual assault incident, which occurred in another jurisdiction, to the agency having jurisdiction. This same form may then be used by the receiving agency to provide the required confirmation and information to the agency having taken the initial report. Patient Consent: Collect and Test Evidence or Collect and Hold Evidence This consent form will be used by hospitals to obtain consent to perform a medical forensic exam and collect evidence. It will also be used to obtain consent from the victim to test the evidence or indicated that the victim has declined testing at this time and that the evidence is to be stored. There is a section on the bottom of the 2nd page for a law enforcement officer to complete if the victim comes to
SB2370- Have You Made Adjustments for Custodial Interrogations of Minors?
On August 22, 2016, Governor Rauner signed SB2370 into law. Thisbill raises the age from 13 to 15 for a requirementthat children be represented by lawyers during custodial interrogations for homicide and sex offenses. Public Act 99-0882 will take effect Jan. 1, 2017.SB2370 aims to better protect children accused of crimes, and better protect their rights through legal representation. As set forth on the Illinois General Assembly website, the bill:"Amends the Juvenile Court of 1987 and the Code of Criminal Procedure of 1963. Provides that a minor who was under 18 at the time of the commission of any offense must be represented by counsel throughout the entire custodial interrogation. An oral, written, or sign language statement of a minor made without counsel present throughout the entire custodial interrogation of the minor shall be inadmissible as evidence in any juvenile court proceeding or criminal proceeding against the minor. Provides that in a proceeding under the Criminal Code of 2012, a minor who was under 18 at the time of the commission of the offense must be represented by counsel throughout the entire custodial interrogation of the minor and an oral, written, or sign language statement made without counsel present shall be inadmissible in any criminal proceeding against the minor."The bill also requires videotaping all interrogations of children under age 18 for any felony and or somemisdemeanor cases and includes a uniform "Miranda warning". Below are some o
New Laws 2017: Illinois laws that take effect January 1
WLS Chicago has publisheda pretty good listing of the laws taking effect January 1, 2017CHICAGO (WLS) --With the start of the New Year always comes a new set of laws to obey. Read the complete list here, and see the top 10 new laws for 2017 above.January 1 is the effective date for almost 200 new state laws passed by the General Assembly and signed by the governor in 2016. The Senate Democrats have published their top ten list for 2017.Laws make the list based on their importance to the public and how broadly they affect key issues such as safety, ethics, workers' wages and benefits, and criminal justice reform, the Senate Democrats said.FULL LIST: Bill Number and Description (those of particular interest are in red)SB 1102 Prohibits the state or any local government from indemnifying or providing legal representation for any employee in a criminal proceeding arising out of the employee's government employmentHB 1260 Classifies online logins, biometric data and health info as protected information; updates how groups notify the public of a data breachHB 5913 Requires licensed plumbers to complete 4 hours of continuing education each yearSB 0637 Makes changes to Illinois law to comply with federal REAL ID regulationsSB 2589 Provides the Director of the Insurance Department greater authority and oversight for approving risk retention groups' corporate governance procedures and structuresHB 4517 Eliminates the Center for Comprehensive Health PlanningHB 4826 "Regional teams that
Sexual Assault Incident Procedure Act Information
SEXUAL ASSAULT INCIDENT PROCEDURE FOR LAW ENFORCEMENTA new law, Public Act 099-0801, contains requirements for law enforcement agencies regarding the handling of sexual assaults and sexual abuse crimes. This document outlines the provisions of the Act that must be implemented by law enforcement agencies on January 1, 2017:Mandatory Report WritingAdditional Responding Officer ResponsibilitiesCollecting, Storing and Testing of Sexual Assault EvidenceRelease of Information to the Victim Relating to Evidence TestingSeveral other provisions, such as developing and implementing agency policy and training for all officers and those investigating sexual assault and sexual abuse cases, have delayed effective dates to allow for the development of policy guidelines and training curricula. Law Enforcement must begin using these forms effective January 1, 2017. The Sexual Assault Incident Procedure Act for Law Enforcement 1216 outlines the Sexual Assault Incident Procedure Information Mandatory Notice for Survivors of Sexual Assault 12-16-16/ Pursuant to 725 ILCS 203/25(a), at the time of first contact with a victim, a law enforcement officer shall advise the victim of the information on this form, written in a language appropriate for the victim or in Braille, or communicate this information in the appropriate sign language. This requirement is effective January 1, 2017. Mandatory Notice of Victims Right to Information Regarding Sexual Assault Evidence Testing-12-16-16 /Pursuant to 72
Clock starts Soon for Mandated Training Deadline: Trauma-Informed Responses & Investigations of Sexual Assault & Sexual Abuse
Effective January 1, 2017. Trauma-informed responses and investigations of sexual assault and sexual abuse. All Law enforcement officers must receive in-service training on these topics within three years of the effective date of the act (January 1, 2017), and again every three years, thereafter. Law enforcement investigators who conduct sexual assault investigations must receive specialized in-service training on these topics within 2 two years of the act, and again every three years, thereafter. (PA 99-0801)ALSO, Section 15. Sexual assault incident policies.(a) On or before January 1, 2018, every law enforcement agency shall develop, adopt, and implement written policies regarding procedures for incidents of sexual assault or sexual abuse consistent with the guidelines developed under subsection (b) of this Section. In developing these policies, each law enforcement agency is encouraged to consult with other law enforcement agencies, sexual assault advocates, and sexual assault nurse examiners with expertise in recognizing and handling sexual assault and sexual abuse incidents. These policies must include mandatory sexual assault and sexual abuse response training as required in Section 10.19 of the Illinois Police Training Act and Sections 2605-53 and 2605-98 of the Department of State Police Law of the Civil Administrative Code of Illinois.(b) On or before July 1, 2017, the Office of the Attorney General, in consultation with the Illinois Law Enforcement Training Standard
Blast From The Past! Have You written Your Officer Involved Death Policy?
December 1, 2015 website postAre you Ready? The Police and Community Relations Improvement Act takes effect January 1, 2016Provides that each law enforcement agency shall have a written policy regarding the investigation of officer-involved deaths that involve a law enforcement officer employed by that law enforcement agency.Sample Policy- Officer Involved Death Investigations (in Word format)Provides that each officer-involved death investigation shall be conducted by at least 2 investigators, or an entity or agency comprised of at least 2 investigators, one of whom is the lead investigator.Provides that the lead investigator shall be certified or trained as a Lead Homicide Investigator.Provides that no investigator involved in the investigation may be employed by the law enforcement agency that employs the officer involved in the officer-involved death, unless the investigator is employed by the Department of State Police and is not assigned to the same division or unit as the officer-involved in the death.Provides that if the officer-involved death being investigated involves a motor vehicle accident, at least one investigator shall be certified or trained as a Crash Reconstruction Specialist.Provides that notwithstanding these requirements, the policy for a law enforcement agency, when the officer-involved death being investigated involves a motor vehicle collision, may allow the use of an investigator who is employed by that law enforcement agency and who is certified by
ILETSB Executive Institute Newsletter is On-line / New Sexual Assault Procedure Act
ILETSBEI NEWSExecutive Institute October NewsletterThis edition of ILETSBEI news features the wrap up of the State of American Policing pillars. The newsletter also includes articles on the new sexual assault laws, which hope to increase sexual assault prosecutions; Cybersecurity Awareness Month and Domestic Violence Awareness Month; and resources for law enforcement officers on working with victims with disabilities. Additionally, the Corrections Center article discusses a new publication about incarceration and whether it is the best way to keep communities safe.Furthermore, upcoming event information for the 2016 calendar year including numerous School and Campus Safety courses, Preventing and Responding to Homegrown Violent Extremism, and a farewell to Brock Merritt from the Executive Institute staff are included in this edition.To view the newsletter please click here.Here's an ExcerptNotes From the Board:New Law Aims to Increase Successful Sexual Assault Prosecutions Kelly GriffithA new law initiated by Illinois Attorney General Lisa Madigan and the Joint Sexual Assault Working Group will help encourage more sexual assault survivors to come forward and increase the successful prosecution of sexual assault crimes in Illinois. The Sexual Incident Procedure Act was initiated by Illinois Attorney General Madigan and the Joint Sexual Assault Working Group that was formed to address the factors that discourage survivors of sexual assault from reporting their crimes to law enf
It's "Strangulation" NOT "Choking" - Outside Training
Are you Asking the Right Questions at that domestic disturbance? Did the victim havepetechial hemorrhage, unconsciousness, urination or defecation during the assault, visual changes, and other neurological signs and symptomsDo you know how close the argument came to being a homicide? This On-Line Strangulation Training will help officers identify strangulation cases, which statistically are more likely to become deadly.click here for the Online Strangulation Training by the Alliance's Training Institute on Strangulation PreventionThis Training Is not Being Presented or Endorsed by MTU1The Alliance's Training Institute on Strangulation Prevention is releasing new Medical Radiographic Imaging Recommendations for hospitals and medical providers across the United States."We did not know for many years how serious non-fatal strangulation assaults were."Sadly, many victims suffer lifelong impacts and have never been given the medical treatment they deserve," said Strack.The Training Institute on Strangulation Prevention is a program of Alliance for HOPE International. The Training Institute on Strangulation Prevention is funded by the U.S. Department of Justice to provide proactive basic and advanced strangulation training to professionals, along with resource and support programs to increase education and current training tools to aid strangulation victims. This project is supported all or in part by Grant No.2014-TA-AX-K008awarded by the Office on Violence Against Women, U.S. Dep
Governor signs Annie LeGere Law - "epi-pens"
August 8, 2016Governor Raunersigned HB4462, the "epi-pen" bill. Now known as P.A. 99-711 or the Annie LeGere Law. The Illinois Law Enforcement Training & Standards Board is mandated to develop training, but the law does not require law enforcement officers to carry an "epi-pen".House Committee Amendment No. 3Adds reference to: 20 ILCS 2610/40 new50 ILCS 705/10.19 new410 ILCS 620/3.21from Ch. 56 1/2, par. 503.2130 ILCS 805/8.40 newAmends the State Police Act and the Illinois Police Training Act creating the Annie LeGere Law and amends the Illinois Food, Drug and Cosmetic Act. Provides that the Department of State Police and the Illinois Law Enforcement Training Standards Board may conduct or approve training programs for officers to recognize and respond to anaphylaxis, including the administration of an epinephrine auto-injector. Provides that the Department of State Police or a local governmental agency may authorize officers to carry, administer, or assist in the administration of epinephrine auto-injectors if they have completed the requiring training and must provide for policies on the use of epinephrine auto-injectors. Limits liability for the use of epinephrine auto-injectors by police officers. Amends the State Mandates Act to require implementation without reimbursement.Section 88. The Illinois Police Training Act is amended by adding Section 10.19 as follows:(50 ILCS 705/10.19 new)Sec. 10.19. Training; administration of epinephrine.(a) This Section, along with S
Illinois State Police releases briefing after governor signs marijuana decriminalization bill
On Friday July 29, 2016 Governor Bruce Raunersigned SB2228, which amends the Cannabis Control Act. The Illinois State Police followed up with two communications for law enforcement.One reads as follows:"This message was released via LEADS, please share with Chiefs:"The Illinois State Police would like to remind officers that any civil violation of the Cannabis Control Act or Drug Paraphernalia Act is NOT reportable to the Bureau of Identification as an arrest offense via live scan or the fingerprint card.Officers may consult 20 ILCS 2630/5 for more detailed information on what offenses are reportable or non-reportable to the Illinois State Police."The other communication wasin the form of "Shift Briefing" for ISP personnel. Local police departments will benefit from the direction provided by ISP. A link to the ISP Shift Briefing is here. What is changing?1. The statutory level of offenses for the possession of cannabis and drug paraphernalia are reduced or decriminalized.2. The Illinois Vehicle Code (625 ILCS 5/11-501 (a)(6)) is amended to specifically exclude (only) cannabis from the trace amount DUI law for ALL drivers.3. The eligibility for Medical Marijuana Patient Cards is amended in light of the reduced statutory levels.4. There is a new offense for the Use of Cannabis Based Product Manufacturing Equipment, which is a Class 2 Felony.5. Certain law enforcement records related to cannabis and drug paraphernalia are subject to automatic expungement.6. The confidential
Cannabis Control Act amended on July 29, 2016
from Ilga.govSynopsis As Introduced Amends the Cannabis Control Act. Provides that the possession of 10 grams or less of cannabis is a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200. Creates the offense of unlawful use of cannabis-based product manufacturing equipment. Provides that a violation is a Class 2 felony. Provides that the provisions of any ordinance enacted by any municipality or unit of local government which imposes a fine upon cannabis other than as defined in the Cannabis Control Act are not invalidated or affected by this Act. Amends the Drug Paraphernalia Control Act. Provides that if a person is convicted of 10 grams or less of cannabis, the penalty for possession of any drug paraphernalia seized during the arrest for that offense shall be a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200. Provides for distribution of these fines. Amends Illinois Vehicle Code. Provides that a person shall not drive or be in actual physical control of any vehicle, snowmobile, or watercraft within this State when the person has, within 2 hours thereof, a tetrahydrocannabinol (THC) concentration in the person's whole blood or other bodily substance of 5 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood or 10 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of other bodily substance from the unlawful consumption of cannabis (rather than a cannabis THC concentrat
Heads up! 3 Offenses Added To Mandatory Recording Requirements
On June 1, 2016 (3) offenses became part of the Electronic Recordings of Interrogations mandate.Have you added these to your list?After June 1, 2016720 ILCS 5/11-1.30 Aggravated criminal sexual assault720 ILCS 5/18-2 Armed robbery720 ILCS 5/12-3.05 subsection(e) Aggravated battery- Offense based on use of a firearm___________________________________________________________Here are links forthe two (2) controlling statutes and a list of the offenses requiring mandatory recording.725 ILL. COMP. STAT. 5/103-2.1 When statements by accused may be usedSections to note-(a) In this Section, "custodial interrogation" means any interrogation during which (i) a reasonable person in the subject's position would consider himself or herself to be in custody and (ii) during which a question is asked that is reasonably likely to elicit an incriminating response."place of detention" means a building or a police station that is a place of operation for a municipal police department or county sheriff department or other law enforcement agency, not a courthouse, that is owned or operated by a law enforcement agency at which persons are or may be held in detention in connection with criminal charges against those persons. In this Section, "electronic recording" includes motion picture, audiotape, or videotape, or digital recording. b) An oral, written, or sign language statement of an accused made as a result of a custodial interrogation conducted at a police station or other place of detentio
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