Illinois General Assembly - Full Text of HB0270
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Full Text of HB0270  100th General Assembly

HB0270sam001 100TH GENERAL ASSEMBLY

Sen. Steve Stadelman

Filed: 5/29/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 270

2    AMENDMENT NO. ______. Amend House Bill 270 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the Law
5Enforcement Criminal Sexual Assault Investigation Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Law enforcement agency" means an agency of this State or
8unit of local government which is vested by law or ordinance
9with the duty to maintain public order and to enforce criminal
10laws or ordinances.
11    "Law enforcement officer" or "officer" means any person
12employed by a State, county, or municipality as a policeman,
13peace officer, or in a like position involving the enforcement
14of the law and protection of public interest at the risk of the
15person's life.
16    "Officer-involved criminal sexual assault" means an

 

 

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1alleged violation of Section 11-1.20, 11-1.30, 11-1.40,
211-1.50, or 11-1.60 of the Criminal Code of 2012 while an
3officer is on duty.
 
4    Section 10. Investigation of officer-involved criminal
5assault; requirements.
6    (a) Each law enforcement agency shall have a written policy
7regarding the investigation of officer-involved criminal
8sexual assault that involves a law enforcement officer employed
9by that law enforcement agency.
10    (b) Each officer-involved criminal sexual assault
11investigation shall be conducted by at least 2 investigators or
12an entity comprised of at least 2 investigators, one of whom
13shall be the lead investigator. The investigators shall have
14completed a specialized sexual assault and sexual abuse
15investigation training program approved by the Illinois Law
16Enforcement Training Standards Board or similar training
17approved by the Department of State Police. No investigator
18involved in the investigation may be employed by the law
19enforcement agency that employs the officer involved in the
20officer-involved criminal sexual assault, unless the
21investigator is employed by the Department of State Police or a
22municipality with a population over 1,000,000 and is not
23assigned to the same division or unit as the officer involved
24in the criminal sexual assault.
25    (c) Upon receipt of an allegation or complaint of an

 

 

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1officer-involved criminal sexual assault, a municipality with
2a population over 1,000,000 shall promptly notify an
3independent agency, created by ordinance of the municipality,
4tasked with investigating incidents of police misconduct.
 
5    Section 15. Intra-agency investigations. This Act does not
6prohibit a law enforcement agency from conducting an internal
7investigation into the officer-involved criminal sexual
8assault if the internal investigation does not interfere with
9the investigation conducted under the requirements of Section
1010 of this Act.
 
11    Section 20. Compensation for investigations. Compensation
12for participation in an investigation of an officer-involved
13criminal sexual assault under Section 10 of this Act may be
14determined in an intergovernmental or interagency agreement.
 
15    Section 99. Effective date. This Act takes effect January
161, 2018.".