2019 Illinois Compiled Statutes
Chapter 5 - GENERAL PROVISIONS
5 ILCS 840/ - First Responders Suicide Prevention Act.
(5 ILCS 840/1)
Sec. 1. Short title. This Act may be cited as the First Responders Suicide Prevention Act.
(Source: P.A. 101-375, eff. 8-16-19.)
(5 ILCS 840/5)
Sec. 5. Definitions. In this Act:
"Emergency services provider" means any public employer that employs persons to provide firefighting services.
"Emergency services personnel" means any employee of an emergency services provider who is engaged in providing firefighting services.
"Law enforcement agency" means any county sheriff, municipal police department, police department established by a university, the Department of State Police, the Department of Corrections, the Department of Children and Family Services, the Division of Probation Services of the Supreme Court, the Office of the Statewide 9-1-1 Administrator, and other local or county agency comprised of county probation officers, corrections employees, or 9-1-1 telecommunicators or emergency medical dispatchers.
"Peer support advisor" means an employee, approved by the law enforcement agency or the emergency provider, who voluntarily provides confidential support and assistance to fellow employees experiencing personal or professional problems. An emergency services provider or law enforcement agency shall provide peer support advisors with an appropriate level of training in counseling to provide emotional and moral support.
"Peer support counseling program" means a program established by an emergency services provider, a law enforcement agency, or collective bargaining organization to train employees to serve as peer support advisors to conduct peer support counseling sessions.
"Peer support counseling session" means communication with a peer support advisor designated by an emergency services provider or law enforcement agency. A peer support counseling session is accomplished primarily through listening, assessing, assisting with problem-solving, making referrals to a professional when necessary and conducting follow-up as needed.
"Public safety personnel" means any employee of a law enforcement agency.
(Source: P.A. 101-375, eff. 8-16-19.)
(5 ILCS 840/10)
Sec. 10. Establishment of peer support program; applicability. Any emergency services provider, law enforcement agency, or collective bargaining organization that creates a peer support program is subject to this Act. An emergency services provider, law enforcement agency, or collective bargaining organization shall ensure that peer support advisors receive appropriate training in counseling to conduct peer support counseling sessions. Emergency services personnel and public safety personnel may refer any person to a peer support advisor within the emergency services provider or law enforcement agency, or if those services are not available within the agency, to another peer support counseling program that is available and approved by the emergency services provider or law enforcement agency. Notwithstanding any other provision of this Act, public safety personnel may not mandate that any employee participate in a peer support counseling program.
(Source: P.A. 101-375, eff. 8-16-19.)
(5 ILCS 840/20)
Sec. 20. Confidentiality; exemptions.
(a) Any communication made by an employee of an emergency services provider or law enforcement agency or peer support advisor in a peer support counseling session and any oral or written information conveyed in the peer support counseling session is confidential and may not be disclosed by any person participating in the peer support counseling session and shall not be released to any person or entity.
(b) Any communication relating to a peer support counseling session made confidential under this Section that is made between peer support advisors and the supervisors or staff of a peer support counseling program, or between the supervisor or staff of a peer support counseling program, is confidential and may not be disclosed.
(c) This Section does not prohibit any communications between counselors who conduct peer support counseling sessions or any communications between counselors and the supervisors or staff of a peer support counseling program.
(c-5) Any communication described in subsection (a) or (b) is subject to subpoena for good cause shown.
(d) This Section does not apply to:
(1) any threat of suicide or homicide made by a
participant in a peer support counseling session or any information conveyed in a peer support counseling session related to a threat of suicide or homicide;
(2) any information mandated by law or agency policy
to be reported, including, but not limited to, domestic violence, child abuse or neglect, or elder abuse or neglect;
(3) any admission of criminal conduct; or
(4) an admission or act of refusal to perform duties
to protect others or the employee of the emergency services provider or law enforcement agency.
(e) All communications, notes, records, and reports arising out of a peer support counseling session are not subject to disclosure under Section 7.5 of the Freedom of Information Act.
(e-5) A department that establishes a peer support counseling program shall develop a policy or rule that imposes disciplinary measures against a peer support advisor who violates the confidentiality of the peer support counseling program by sharing information learned in a peer support counseling session with department personnel who are not supervisors or staff of the peer support counseling program, unless the information is related to the exemptions in subsection (d).
(f) A cause of action exists for public safety personnel or emergency services personnel if the emergency services provider or law enforcement agency uses confidential information obtained during a confidential peer support counseling session conducted by a law enforcement agency or by an emergency services provider for an adverse employment action against the participant.
(Source: P.A. 101-375, eff. 8-16-19.)
(5 ILCS 840/25)
Sec. 25. Judicial proceedings. Any oral communication or written information made or conveyed by a participant or peer support advisor in a peer support counseling session is not admissible in any judicial proceeding, arbitration proceeding, or other adjudicatory proceeding, except to the extent necessary to enforce subsection (f) of Section 20.
(Source: P.A. 101-375, eff. 8-16-19.)
(5 ILCS 840/30)
Sec. 30. First Responders Suicide Task Force.
(a) The First Responders Suicide Task Force is created to pursue recommendations to help reduce the risk and rates of suicide among first responders, along with developing a mechanism to help reduce the risk and rates of suicide among first responders. The Task Force shall be composed of the following members:
(1) the Director of State Police or his or her
designee;
(2)the Director of Public Health or his or her
designee;
(3) 2 members of the House of Representatives
appointed by the Speaker of the House of Representatives, one of whom shall serve as co-chair;
(4) 2 members of the House of Representatives
appointed by the Minority Leader of the House of Representatives;
(5) 2 members of the Senate appointed by the
President of the Senate, one of whom shall serve as co-chair;
(6) 2 members of the Senate appointed by the Minority
Leader of the Senate;
(7) 2 members who represent 2 different mental health
organizations, one appointed by the Minority Leader of the House of Representatives and one appointed by the Minority Leader of the Senate;
(8) one member who represents an organization that
advocates on behalf of police appointed by the Speaker of the House of Representatives;
(9) one member who represents the Chicago Police
Department appointed by the Minority Leader of the House of Representatives;
(10) 2 members who represent organizations that
advocate on behalf of firefighters appointed by the President of the Senate;
(11) one member who represents the Chicago Fire
Department appointed by the Minority Leader of the Senate; and
(12) one member who represents an organization that
advocates on behalf of sheriffs in the State of Illinois appointed by the President of the Senate.
(b) Members of the Task Force shall be appointed within 30 days after the effective date of this Act and shall serve without compensation. The Task Force shall begin meeting no later than 30 days after all members have been appointed. The Department of State Police shall provide administrative support for the Task Force, and if the subject matter is either sensitive or classified, the Task Force may hold its hearings in private.
(c) The Task Force shall issue a final report to the General Assembly on or December 31, 2020 and, one year after the filing of its report, is dissolved.
(Source: P.A. 101-375, eff. 8-16-19.)
(5 ILCS 840/35)
Sec. 35. Other provisions of law. Nothing in this Act limits or reduces any confidentiality protections or legal privileges that are otherwise provided by law or rule, including, but not limited to, local ordinance, State or federal law, or court rule. Any confidentiality provision enacted by local ordinance on or after the effective date of this Act may not diminish the protections enumerated in this Act.
(Source: P.A. 101-375, eff. 8-16-19.)
(5 ILCS 840/105)
Sec. 105. (Amendatory provisions; text omitted).
(Source: P.A. 101-375, eff. 8-16-19; text omitted.)
(5 ILCS 840/110)
Sec. 110. (Amendatory provisions; text omitted).
(Source: P.A. 101-375, eff. 8-16-19; text omitted.)
(5 ILCS 840/115)
Sec. 115. (Amendatory provisions; text omitted).
(Source: P.A. 101-375, eff. 8-16-19; text omitted.)
(5 ILCS 840/117)
Sec. 117. (Amendatory provisions; text omitted).
(Source: P.A. 101-375, eff. 8-16-19; text omitted.)
(5 ILCS 840/120)
Sec. 120. (Amendatory provisions; text omitted).
(Source: P.A. 101-375, eff. 8-16-19; text omitted.)
(5 ILCS 840/130)
Sec. 130. (Amendatory provisions; text omitted).
(Source: P.A. 101-375, eff. 8-16-19; text omitted.)
(5 ILCS 840/135)
Sec. 135. (Amendatory provisions; text omitted).
(Source: P.A. 101-375, eff. 8-16-19; text omitted.)
(5 ILCS 840/999)
Sec. 999. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 101-375, eff. 8-16-19.)
