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Public Act 099-0801 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Sexual | ||||
Assault Incident Procedure Act. | ||||
Section 5. Legislative findings. The General Assembly | ||||
finds: | ||||
(1) Sexual assault and sexual abuse are personal and | ||||
violent crimes that disproportionately impact women, children, | ||||
lesbian, gay, bisexual, and transgender individuals in | ||||
Illinois, yet only a small percentage of these crimes are | ||||
reported, less than one in five, and even fewer result in a | ||||
conviction. | ||||
(2) The trauma of sexual assault and sexual abuse often | ||||
leads to severe mental, physical, and economic consequences for | ||||
the victim. | ||||
(3) The diminished ability of victims to recover from their | ||||
sexual assault or sexual abuse has been directly linked to the | ||||
response of others to their trauma. | ||||
(4) The response of law enforcement can directly impact a | ||||
victim's ability to heal as well as his or her willingness to | ||||
actively participate in the investigation by law enforcement. | ||||
(5) Research has shown that a traumatic event impacts |
memory consolidation and encoding. Allowing a victim to | ||
complete at least 2 full sleep cycles before an in-depth | ||
interview can improve the victim's ability to provide a history | ||
of the sexual assault or sexual abuse. | ||
(6) Victim participation is critical to the successful | ||
identification and prosecution of sexual predators. To | ||
facilitate victim participation, law enforcement should inform | ||
victims of the testing of physical evidence and the results of | ||
such testing. | ||
(7) Identification and successful prosecution of sexual | ||
predators prevents new victimization. For this reason, | ||
improving the response of the criminal justice system to | ||
victims of sexual assault and sexual abuse is critical to | ||
protecting public safety. | ||
Section 10. Definitions. In this Act: | ||
"Board" means the Illinois Law Enforcement Training | ||
Standards Board. | ||
"Evidence-based, trauma-informed, victim-centered" means | ||
policies, procedures, programs, and practices that have been | ||
demonstrated to minimize retraumatization associated with the | ||
criminal justice process by recognizing the presence of trauma | ||
symptoms and acknowledging the role that trauma has played in a | ||
sexual assault or sexual abuse victim's life and focusing on | ||
the needs and concerns of a victim that ensures compassionate | ||
and sensitive delivery of services in a nonjudgmental manner. |
"Law enforcement agency having jurisdiction" means the law | ||
enforcement agency in the jurisdiction where an alleged sexual | ||
assault or sexual abuse occurred. | ||
"Sexual assault evidence" means evidence collected in | ||
connection with a sexual assault or sexual abuse investigation, | ||
including, but not limited to, evidence collected using the | ||
Illinois State Police Sexual Assault Evidence Collection Kit as | ||
defined in Section 1a of the Sexual Assault Survivors Emergency | ||
Treatment Act. | ||
"Sexual assault or sexual abuse" means an act of | ||
nonconsensual sexual conduct or sexual penetration, as defined | ||
in Section 12-12 of the Criminal Code of 1961 or Section 11-0.1 | ||
of the Criminal Code of 2012, including, without limitation, | ||
acts prohibited under Sections 12-13 through 12-16 of the | ||
Criminal Code of 1961 or Sections 11-1.20 through 11-1.60 of | ||
the Criminal Code of 2012. | ||
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 response and | ||
investigation. | ||
These guidelines shall include, but not be limited to the | ||
following: | ||
(1) dispatcher or call taker response; | ||
(2) responding officer duties; | ||
(3) duties of officers investigating sexual assaults | ||
and sexual abuse; | ||
(4) supervisor duties; | ||
(5) report writing; | ||
(6) reporting methods; | ||
(7) victim interviews; | ||
(8) evidence collection; | ||
(9) sexual assault medical forensic examinations; |
(10) suspect interviews; | ||
(11) suspect forensic exams; | ||
(12) witness interviews; | ||
(13) sexual assault response and resource teams, if | ||
applicable; | ||
(14) working with victim advocates; | ||
(15) working with prosecutors; | ||
(16) victims' rights; | ||
(17) victim notification; and | ||
(18) consideration for specific populations or | ||
communities. | ||
Section 20. Reports by law enforcement officers. | ||
(a) A law enforcement officer shall complete a written | ||
police report upon receiving the following, regardless of where | ||
the incident occurred: | ||
(1) an allegation by a person that the person has been | ||
sexually assaulted or sexually abused regardless of | ||
jurisdiction; | ||
(2) information from hospital or medical personnel | ||
provided under Section 3.2 of the Criminal Identification | ||
Act; or | ||
(3) information from a witness who personally observed | ||
what appeared to be a sexual assault or sexual abuse or | ||
attempted sexual assault or sexual abuse. | ||
(b) The written report shall include the following, if |
known: | ||
(1) the victim's name or other identifier; | ||
(2) the victim's contact information; | ||
(3) time, date, and location of offense; | ||
(4) information provided by the victim; | ||
(5) the suspect's description and name, if known; | ||
(6) names of persons with information relevant to the | ||
time before, during, or after the sexual assault or sexual | ||
abuse, and their contact information; | ||
(7) names of medical professionals who provided a | ||
medical forensic examination of the victim and any | ||
information they provided about the sexual assault or | ||
sexual abuse; | ||
(8) whether an Illinois State Police Sexual Assault | ||
Evidence Collection Kit was completed, the name and contact | ||
information for the hospital, and whether the victim | ||
consented to testing of the Evidence Collection Kit by law | ||
enforcement; | ||
(9) whether a urine or blood sample was collected and | ||
whether the victim consented to testing of a toxicology | ||
screen by law enforcement; | ||
(10) information the victim related to medical | ||
professionals during a medical forensic examination which | ||
the victim consented to disclosure to law enforcement; and | ||
(11) other relevant information. | ||
(c) If the sexual assault or sexual abuse occurred in |
another jurisdiction, the law enforcement officer taking the | ||
report must submit the report to the law enforcement agency | ||
having jurisdiction in person or via fax or email within 24 | ||
hours of receiving information about the sexual assault or | ||
sexual abuse. | ||
(d) Within 24 hours of receiving a report from a law | ||
enforcement agency in another jurisdiction in accordance with | ||
subsection (c), the law enforcement agency having jurisdiction | ||
shall submit a written confirmation to the law enforcement | ||
agency that wrote the report. The written confirmation shall | ||
contain the name and identifier of the person and confirming | ||
receipt of the report and a name and contact phone number that | ||
will be given to the victim. The written confirmation shall be | ||
delivered in person or via fax or email. | ||
(e) No law enforcement officer shall require a victim of | ||
sexual assault or sexual abuse to submit to an interview. | ||
(f) No law enforcement agency may refuse to complete a | ||
written report as required by this Section on any ground. | ||
(g) All law enforcement agencies shall ensure that all | ||
officers responding to or investigating a complaint of sexual | ||
assault or sexual abuse have successfully completed training | ||
under Section 10.19 of the Illinois Police Training Act and | ||
Section 2605-98 of the Department of State Police Law of the | ||
Civil Administrative Code of Illinois. | ||
Section 22. Third-party reports. A victim of sexual assault |
or sexual abuse may give a person consent to provide | ||
information about the sexual assault or sexual abuse to a law | ||
enforcement officer, and the officer shall complete a written | ||
report unless: | ||
(1) the person contacting law enforcement fails to | ||
provide the person's name and contact information; or | ||
(2) the person contacting law enforcement fails to | ||
affirm that the person has the consent of the victim of the | ||
sexual assault or sexual abuse. | ||
Section 25. Report; victim notice. | ||
(a) At the time of first contact with the victim, law | ||
enforcement shall: | ||
(1) Advise the victim about the following by providing | ||
a form, the contents of which shall be prepared by the | ||
Office of the Attorney General and posted on its website, | ||
written in a language appropriate for the victim or in | ||
Braille, or communicating in appropriate sign language | ||
that includes, but is not limited to: | ||
(A) information about seeking medical attention | ||
and preserving evidence, including specifically, | ||
collection of evidence during a medical forensic | ||
examination at a hospital and photographs of injury and | ||
clothing; | ||
(B) notice that the victim will not be charged for | ||
hospital emergency and medical forensic services; |
(C) information advising the victim that evidence | ||
can be collected at the hospital up to 7 days after the | ||
sexual assault or sexual abuse but that the longer the | ||
victim waits the likelihood of obtaining evidence | ||
decreases; | ||
(D) the location of nearby hospitals that provide | ||
emergency medical and forensic services and, if known, | ||
whether the hospitals employ any sexual assault nurse | ||
examiners; | ||
(E) a summary of the procedures and relief | ||
available to victims of sexual assault or sexual abuse | ||
under the Civil No Contact Order Act or the Illinois | ||
Domestic Violence Act of 1986; | ||
(F) the law enforcement officer's name and badge | ||
number; | ||
(G) at least one referral to an accessible service | ||
agency and information advising the victim that rape | ||
crisis centers can assist with obtaining civil no | ||
contact orders and orders of protection; and | ||
(H) if the sexual assault or sexual abuse occurred | ||
in another jurisdiction, provide in writing the | ||
address and phone number of a specific contact at the | ||
law enforcement agency having jurisdiction. | ||
(2) Offer to provide or arrange accessible | ||
transportation for the victim to a hospital for emergency | ||
and forensic services, including contacting emergency |
medical services. | ||
(3) Offer to provide or arrange accessible | ||
transportation for the victim to the nearest available | ||
circuit judge or associate judge so the victim may file a | ||
petition for an emergency civil no contact order under the | ||
Civil No Contact Order Act or an order of protection under | ||
the Illinois Domestic Violence Act of 1986 after the close | ||
of court business hours, if a judge is available. | ||
(b) At the time of the initial contact with a person making | ||
a third-party report under Section 22 of this Act, a law | ||
enforcement officer shall provide the written information | ||
prescribed under paragraph (1) of subsection (a) of this | ||
Section to the person making the report and request the person | ||
provide the written information to the victim of the sexual | ||
assault or sexual abuse. | ||
(c) If the first contact with the victim occurs at a | ||
hospital, a law enforcement officer may request the hospital | ||
provide interpretive services. | ||
Section 30. Release and storage of sexual assault evidence. | ||
(a) A law enforcement agency having jurisdiction that is | ||
notified by a hospital or another law enforcement agency that a | ||
victim of a sexual assault or sexual abuse has received a | ||
medical forensic examination and has completed an Illinois | ||
State Police Sexual Assault Evidence Collection Kit shall take | ||
custody of the sexual assault evidence as soon as practicable, |
but in no event more than 5 days after the completion of the | ||
medical forensic examination. | ||
(a-5) A State's Attorney who is notified under subsection | ||
(d) of Section 6.6 of the Sexual Assault Survivors Emergency | ||
Treatment Act that a hospital is in possession of sexual | ||
assault evidence shall, within 72 hours, contact the | ||
appropriate law enforcement agency to request that the law | ||
enforcement agency take immediate physical custody of the | ||
sexual assault evidence. | ||
(b) The written report prepared under Section 20 of this | ||
Act shall include the date and time the sexual assault evidence | ||
was picked up from the hospital and the date and time the | ||
sexual assault evidence was sent to the laboratory in | ||
accordance with the Sexual Assault Evidence Submission Act. | ||
(c) If the victim of a sexual assault or sexual abuse or a | ||
person authorized under Section 6.5 of the Sexual Assault | ||
Survivors Emergency Treatment Act has consented to allow law | ||
enforcement to test the sexual assault evidence, the law | ||
enforcement agency having jurisdiction shall submit the sexual | ||
assault evidence for testing in accordance with the Sexual | ||
Assault Evidence Submission Act. No law enforcement agency | ||
having jurisdiction may refuse or fail to send sexual assault | ||
evidence for testing that the victim has released for testing. | ||
(d) A victim shall have 5 years from the completion of an | ||
Illinois State Police Sexual Assault Evidence Collection Kit, | ||
or 5 years from the age of 18 years, whichever is longer, to |
sign a written consent to release the sexual assault evidence | ||
to law enforcement for testing. If the victim or a person | ||
authorized under Section 6.5 of the Sexual Assault Survivors | ||
Emergency Treatment Act does not sign the written consent at | ||
the completion of the medical forensic examination, the victim | ||
or person authorized by Section 6.5 of the Sexual Assault | ||
Survivors Emergency Treatment Act may sign the written release | ||
at the law enforcement agency having jurisdiction, or in the | ||
presence of a sexual assault advocate who may deliver the | ||
written release to the law enforcement agency having | ||
jurisdiction. The victim may also provide verbal consent to the | ||
law enforcement agency having jurisdiction and shall verify the | ||
verbal consent via email or fax. Upon receipt of written or | ||
verbal consent, the law enforcement agency having jurisdiction | ||
shall submit the sexual assault evidence for testing in | ||
accordance with the Sexual Assault Evidence Submission Act. No | ||
law enforcement agency having jurisdiction may refuse or fail | ||
to send the sexual assault evidence for testing that the victim | ||
has released for testing. | ||
(e) The law enforcement agency having jurisdiction who | ||
speaks to a victim who does not sign a written consent to | ||
release the sexual assault evidence prior to discharge from the | ||
hospital shall provide a written notice to the victim that | ||
contains the following information: | ||
(1) where the sexual assault evidence will be stored | ||
for 5 years; |
(2) notice that the victim may sign a written release | ||
to test the sexual assault evidence at any time during the | ||
5-year period by contacting the law enforcement agency | ||
having jurisdiction or working with a sexual assault | ||
advocate; | ||
(3) the name, phone number, and email address of the | ||
law enforcement agency having jurisdiction; and | ||
(4) the name and phone number of a local rape crisis | ||
center. | ||
Each law enforcement agency shall develop a protocol for | ||
providing this information to victims as part of the written | ||
policies required in subsection (a) of Section 15 of this Act. | ||
(f) A law enforcement agency must develop a protocol for | ||
responding to victims who want to sign a written consent to | ||
release the sexual assault evidence and to ensure that victims | ||
who want to be notified or have a designee notified prior to | ||
the end of the 5-year period are provided notice. | ||
(g) Nothing in this Section shall be construed as limiting | ||
the storage period to 5 years. A law enforcement agency having | ||
jurisdiction may adopt a storage policy that provides for a | ||
period of time exceeding 5 years. If a longer period of time is | ||
adopted, the law enforcement agency having jurisdiction shall | ||
notify the victim or designee in writing of the longer storage | ||
period.
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Section 35. Release of information. |
(a) Upon the request of the victim who has consented to the | ||
release of sexual assault evidence for testing, the law | ||
enforcement agency having jurisdiction shall provide the | ||
following information in writing: | ||
(1) the date the sexual assault evidence was sent to a | ||
Department of State Police forensic laboratory or | ||
designated laboratory; | ||
(2) test results provided to the law enforcement agency | ||
by a Department of State Police forensic laboratory or | ||
designated laboratory, including, but not limited to: | ||
(A) whether a DNA profile was obtained from the | ||
testing of the sexual assault evidence from the | ||
victim's case; | ||
(B) whether the DNA profile developed from the | ||
sexual assault evidence has been searched against the | ||
DNA Index System or any state or federal DNA database; | ||
(C) whether an association was made to an | ||
individual whose DNA profile is consistent with the | ||
sexual assault evidence DNA profile,
provided that | ||
disclosure would not impede or compromise an ongoing | ||
investigation; and | ||
(D) whether any drugs were detected in a urine or | ||
blood sample analyzed for drug facilitated sexual | ||
assault and information about any drugs detected. | ||
(b) The information listed in paragraph (1) of subsection | ||
(a) of this Section shall be provided to the victim within 7 |
days of the transfer of the evidence to the laboratory. The | ||
information listed in paragraph (2) of subsection (a) of this | ||
Section shall be provided to the victim within 7 days of the | ||
receipt of the information by the law enforcement agency having | ||
jurisdiction. | ||
(c) At the time the sexual assault evidence is released for | ||
testing, the victim shall be provided written information by | ||
the law enforcement agency having jurisdiction or the hospital | ||
providing emergency services and forensic services to the | ||
victim informing him or her of the right to request information | ||
under subsection (a) of this Section. A victim may designate | ||
another person or agency to receive this information. | ||
(d) The victim or the victim's designee shall keep the law | ||
enforcement agency having jurisdiction informed of the name, | ||
address, telephone number, and email address of the person to | ||
whom the information should be provided, and any changes of the | ||
name, address, telephone number, and email address, if an email | ||
address is available. | ||
Section 105. The Department of State Police Law of the
| ||
Civil Administrative Code of Illinois is amended by changing | ||
Sections 2605-40 and 2605-300 and by adding Sections 2605-53 | ||
and 2605-98 as follows:
| ||
(20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
| ||
Sec. 2605-40. Division of Forensic Services. The Division |
of
Forensic Services shall exercise the following functions:
| ||
(1) Exercise the rights, powers, and duties vested by
| ||
law in the Department by the Criminal Identification Act.
| ||
(2) Exercise the rights, powers, and duties vested by
| ||
law in the Department by Section 2605-300 of this Law.
| ||
(3) Provide assistance to local law enforcement | ||
agencies
through training, management, and consultant | ||
services.
| ||
(4) (Blank).
| ||
(5) Exercise other duties that may be assigned by the | ||
Director in
order to fulfill the responsibilities and | ||
achieve the purposes of the
Department.
| ||
(6) Establish and operate a forensic science | ||
laboratory system,
including a forensic toxicological | ||
laboratory service, for the purpose of
testing specimens | ||
submitted by coroners and other law enforcement officers
in | ||
their efforts to determine whether alcohol, drugs, or | ||
poisonous or other
toxic substances have been involved in | ||
deaths, accidents, or illness.
Forensic toxicological | ||
laboratories shall be established in Springfield,
Chicago, | ||
and elsewhere in the State as needed.
| ||
(6.5) Establish administrative rules in order to set | ||
forth standardized requirements for the disclosure of | ||
toxicology results and other relevant documents related to | ||
a toxicological analysis. These administrative rules are | ||
to be adopted to produce uniform and sufficient information |
to allow a proper, well-informed determination of the | ||
admissibility of toxicology evidence and to ensure that | ||
this evidence is presented competently. These | ||
administrative rules are designed to provide a minimum | ||
standard for compliance of toxicology evidence and is not | ||
intended to limit the production and discovery of material | ||
information. These administrative rules shall be submitted | ||
by the Department of State Police into the rulemaking | ||
process under the Illinois Administrative Procedure Act on | ||
or before June 30, 2017.
| ||
(7) Subject to specific appropriations made for these | ||
purposes, establish
and coordinate a system for providing | ||
accurate and expedited
forensic science and other | ||
investigative and laboratory services to local law
| ||
enforcement agencies and local State's Attorneys in aid of | ||
the investigation
and trial of capital cases.
| ||
(Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00; 91-589, | ||
eff. 1-1-00;
91-760, eff. 1-1-01.)
| ||
(20 ILCS 2605/2605-53 new) | ||
Sec. 2605-53. 9-1-1 system; sexual assault and sexual | ||
abuse. | ||
(a) The Office of the Statewide 9-1-1 Administrator, in | ||
consultation with the Office of the Attorney General and the | ||
Illinois Law Enforcement Training Standards Board, shall: | ||
(1) develop comprehensive guidelines for |
evidence-based, trauma-informed, victim-centered handling | ||
of sexual assault or sexual abuse calls by Public Safety | ||
Answering Point tele-communicators; and | ||
(2) adopt rules and minimum standards for an | ||
evidence-based, trauma-informed, victim-centered training | ||
curriculum for handling of sexual assault or sexual abuse | ||
calls for Public Safety Answering Point tele-communicators | ||
("PSAP"). | ||
(b) Training requirements: | ||
(1) Newly hired PSAP tele-communicators must complete | ||
the sexual assault and sexual abuse training curriculum | ||
established in subsection (a) of this Section prior to | ||
handling emergency calls. | ||
(2) All existing PSAP tele-communicators shall | ||
complete the sexual assault and sexual abuse training | ||
curriculum established in subsection (a) of this Section | ||
within 2 years of the effective date of this amendatory Act | ||
of the 99th General Assembly. | ||
(20 ILCS 2605/2605-98 new) | ||
Sec. 2605-98. Training; sexual assault and sexual abuse. | ||
(a) The Department of State Police shall conduct or approve | ||
training programs in trauma-informed responses and | ||
investigations of sexual assault and sexual abuse, which | ||
include, but is not limited to, the following: | ||
(1) recognizing the symptoms of trauma; |
(2) understanding the role trauma has played in a | ||
victim's life; | ||
(3) responding to the needs and concerns of a victim; | ||
(4) delivering services in a compassionate, sensitive, | ||
and nonjudgmental manner; | ||
(5) interviewing techniques in accordance with the | ||
curriculum standards in subsection (f) of this Section; | ||
(6) understanding cultural perceptions and common | ||
myths of sexual assault and sexual abuse; and | ||
(7) report writing techniques in accordance with the | ||
curriculum standards in subsection (f) of this Section. | ||
(b) This training must be presented in all full and | ||
part-time basic law enforcement academies on or before July 1, | ||
2018. | ||
(c) The Department must present this training to all State | ||
police officers within 3 years after the effective date of this | ||
amendatory Act of the 99th General Assembly and must present | ||
in-service training on sexual assault and sexual abuse response | ||
and report writing training requirements every 3 years. | ||
(d) The Department must provide to all State police | ||
officers who conduct sexual assault and sexual abuse | ||
investigations, specialized training on sexual assault and | ||
sexual abuse investigations within 2 years after the effective | ||
date of this amendatory Act of the 99th General Assembly and | ||
must present in-service training on sexual assault and sexual | ||
abuse investigations to these officers every 3 years. |
(e) Instructors providing this training shall have | ||
successfully completed training on evidence-based, | ||
trauma-informed, victim-centered responses to cases of sexual | ||
assault and sexual abuse and have experience responding to | ||
sexual assault and sexual abuse cases. | ||
(f) The Department shall adopt rules, in consultation with | ||
the Office of the Illinois Attorney General and the Illinois | ||
Law Enforcement Training Standards Board, to determine the | ||
specific training requirements for these courses, including, | ||
but not limited to, the following: | ||
(1) evidence-based curriculum standards for report | ||
writing and immediate response to sexual assault and sexual | ||
abuse, including trauma-informed, victim-centered | ||
interview techniques, which have been demonstrated to | ||
minimize retraumatization, for all State police officers; | ||
and | ||
(2) evidence-based curriculum standards for | ||
trauma-informed, victim-centered investigation and | ||
interviewing techniques, which have been demonstrated to | ||
minimize retraumatization, for cases of sexual assault and | ||
sexual abuse for all State Police officers who conduct | ||
sexual assault and sexual abuse investigations.
| ||
(20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
| ||
Sec. 2605-300. Records; crime laboratories; personnel. To | ||
do
the
following:
|
(1) Be a central repository and custodian of criminal
| ||
statistics for the State.
| ||
(2) Be a central repository for criminal history
record | ||
information.
| ||
(3) Procure and file for record information that is
| ||
necessary and helpful to plan programs of crime prevention, | ||
law
enforcement,
and criminal justice.
| ||
(4) Procure and file for record copies of
fingerprints | ||
that may be required by law.
| ||
(5) Establish general and field
crime laboratories.
| ||
(6) Register and file for record information that
may | ||
be required by law for the issuance of firearm owner's | ||
identification
cards under the Firearm Owners | ||
Identification Card Act and concealed carry licenses under | ||
the Firearm Concealed Carry Act.
| ||
(7) Employ polygraph operators, laboratory | ||
technicians ,
and
other
specially qualified persons to aid | ||
in the identification of criminal
activity , and may employ | ||
polygraph operators .
| ||
(8) Undertake other identification, information,
| ||
laboratory, statistical, or registration activities that | ||
may be
required by law.
| ||
(Source: P.A. 98-63, eff. 7-9-13.)
| ||
Section 107. The Illinois Procurement Code is amended by | ||
changing Section 1-10 as follows:
|
(30 ILCS 500/1-10)
| ||
Sec. 1-10. Application.
| ||
(a) This Code applies only to procurements for which | ||
bidders, offerors, potential contractors, or contractors were | ||
first
solicited on or after July 1, 1998. This Code shall not | ||
be construed to affect
or impair any contract, or any provision | ||
of a contract, entered into based on a
solicitation prior to | ||
the implementation date of this Code as described in
Article | ||
99, including but not limited to any covenant entered into with | ||
respect
to any revenue bonds or similar instruments.
All | ||
procurements for which contracts are solicited between the | ||
effective date
of Articles 50 and 99 and July 1, 1998 shall be | ||
substantially in accordance
with this Code and its intent.
| ||
(b) This Code shall apply regardless of the source of the | ||
funds with which
the contracts are paid, including federal | ||
assistance moneys.
This Code shall
not apply to:
| ||
(1) Contracts between the State and its political | ||
subdivisions or other
governments, or between State | ||
governmental bodies except as specifically
provided in | ||
this Code.
| ||
(2) Grants, except for the filing requirements of | ||
Section 20-80.
| ||
(3) Purchase of care.
| ||
(4) Hiring of an individual as employee and not as an | ||
independent
contractor, whether pursuant to an employment |
code or policy or by contract
directly with that | ||
individual.
| ||
(5) Collective bargaining contracts.
| ||
(6) Purchase of real estate, except that notice of this | ||
type of contract with a value of more than $25,000 must be | ||
published in the Procurement Bulletin within 10 calendar | ||
days after the deed is recorded in the county of | ||
jurisdiction. The notice shall identify the real estate | ||
purchased, the names of all parties to the contract, the | ||
value of the contract, and the effective date of the | ||
contract.
| ||
(7) Contracts necessary to prepare for anticipated | ||
litigation, enforcement
actions, or investigations, | ||
provided
that the chief legal counsel to the Governor shall | ||
give his or her prior
approval when the procuring agency is | ||
one subject to the jurisdiction of the
Governor, and | ||
provided that the chief legal counsel of any other | ||
procuring
entity
subject to this Code shall give his or her | ||
prior approval when the procuring
entity is not one subject | ||
to the jurisdiction of the Governor.
| ||
(8) Contracts for
services to Northern Illinois | ||
University by a person, acting as
an independent | ||
contractor, who is qualified by education, experience, and
| ||
technical ability and is selected by negotiation for the | ||
purpose of providing
non-credit educational service | ||
activities or products by means of specialized
programs |
offered by the university.
| ||
(9) Procurement expenditures by the Illinois | ||
Conservation Foundation
when only private funds are used.
| ||
(10) Procurement expenditures by the Illinois Health | ||
Information Exchange Authority involving private funds | ||
from the Health Information Exchange Fund. "Private funds" | ||
means gifts, donations, and private grants. | ||
(11) Public-private agreements entered into according | ||
to the procurement requirements of Section 20 of the | ||
Public-Private Partnerships for Transportation Act and | ||
design-build agreements entered into according to the | ||
procurement requirements of Section 25 of the | ||
Public-Private Partnerships for Transportation Act. | ||
(12) Contracts for legal, financial, and other | ||
professional and artistic services entered into on or | ||
before December 31, 2018 by the Illinois Finance Authority | ||
in which the State of Illinois is not obligated. Such | ||
contracts shall be awarded through a competitive process | ||
authorized by the Board of the Illinois Finance Authority | ||
and are subject to Sections 5-30, 20-160, 50-13, 50-20, | ||
50-35, and 50-37 of this Code, as well as the final | ||
approval by the Board of the Illinois Finance Authority of | ||
the terms of the contract. | ||
(13) The provisions of this paragraph (13), other than | ||
this sentence, are inoperative on and after January 1, 2019 | ||
or 2 years after the effective date of this amendatory Act |
of the 99th General Assembly, whichever is later. Contracts | ||
for services, commodities, and equipment to support the | ||
delivery of timely forensic science services in | ||
consultation with and subject to the approval of the Chief | ||
Procurement Officer as provided in subsection (d) of | ||
Section 5-4-3a of the Unified Code of Corrections, except | ||
for the requirements of Sections 20-60, 20-65, 20-70, and | ||
20-160 and Article 50 of this Code; however, the Chief | ||
Procurement Officer may, in writing with justification, | ||
waive any certification required under Article 50 of this | ||
Code. For any contracts for services which are currently | ||
provided by members of a collective bargaining agreement, | ||
the applicable terms of the collective bargaining | ||
agreement concerning subcontracting shall be followed. | ||
Notwithstanding any other provision of law, contracts | ||
entered into under item (12) of this subsection (b) shall be | ||
published in the Procurement Bulletin within 14 calendar days | ||
after contract execution. The chief procurement officer shall | ||
prescribe the form and content of the notice. The Illinois | ||
Finance Authority shall provide the chief procurement officer, | ||
on a monthly basis, in the form and content prescribed by the | ||
chief procurement officer, a report of contracts that are | ||
related to the procurement of goods and services identified in | ||
item (12) of this subsection (b). At a minimum, this report | ||
shall include the name of the contractor, a description of the | ||
supply or service provided, the total amount of the contract, |
the term of the contract, and the exception to the Code | ||
utilized. A copy of each of these contracts shall be made | ||
available to the chief procurement officer immediately upon | ||
request. The chief procurement officer shall submit a report to | ||
the Governor and General Assembly no later than November 1 of | ||
each year that shall include, at a minimum, an annual summary | ||
of the monthly information reported to the chief procurement | ||
officer. | ||
(c) This Code does not apply to the electric power | ||
procurement process provided for under Section 1-75 of the | ||
Illinois Power Agency Act and Section 16-111.5 of the Public | ||
Utilities Act. | ||
(d) Except for Section 20-160 and Article 50 of this Code, | ||
and as expressly required by Section 9.1 of the Illinois | ||
Lottery Law, the provisions of this Code do not apply to the | ||
procurement process provided for under Section 9.1 of the | ||
Illinois Lottery Law. | ||
(e) This Code does not apply to the process used by the | ||
Capital Development Board to retain a person or entity to | ||
assist the Capital Development Board with its duties related to | ||
the determination of costs of a clean coal SNG brownfield | ||
facility, as defined by Section 1-10 of the Illinois Power | ||
Agency Act, as required in subsection (h-3) of Section 9-220 of | ||
the Public Utilities Act, including calculating the range of | ||
capital costs, the range of operating and maintenance costs, or | ||
the sequestration costs or monitoring the construction of clean |
coal SNG brownfield facility for the full duration of | ||
construction. | ||
(f) This Code does not apply to the process used by the | ||
Illinois Power Agency to retain a mediator to mediate sourcing | ||
agreement disputes between gas utilities and the clean coal SNG | ||
brownfield facility, as defined in Section 1-10 of the Illinois | ||
Power Agency Act, as required under subsection (h-1) of Section | ||
9-220 of the Public Utilities Act. | ||
(g) This Code does not apply to the processes used by the | ||
Illinois Power Agency to retain a mediator to mediate contract | ||
disputes between gas utilities and the clean coal SNG facility | ||
and to retain an expert to assist in the review of contracts | ||
under subsection (h) of Section 9-220 of the Public Utilities | ||
Act. This Code does not apply to the process used by the | ||
Illinois Commerce Commission to retain an expert to assist in | ||
determining the actual incurred costs of the clean coal SNG | ||
facility and the reasonableness of those costs as required | ||
under subsection (h) of Section 9-220 of the Public Utilities | ||
Act. | ||
(h) This Code does not apply to the process to procure or | ||
contracts entered into in accordance with Sections 11-5.2 and | ||
11-5.3 of the Illinois Public Aid Code. | ||
(i) Each chief procurement officer may access records | ||
necessary to review whether a contract, purchase, or other | ||
expenditure is or is not subject to the provisions of this | ||
Code, unless such records would be subject to attorney-client |
privilege. | ||
(j) This Code does not apply to the process used by the | ||
Capital Development Board to retain an artist or work or works | ||
of art as required in Section 14 of the Capital Development | ||
Board Act. | ||
(k) This Code does not apply to the process to procure | ||
contracts, or contracts entered into, by the State Board of | ||
Elections or the State Electoral Board for hearing officers | ||
appointed pursuant to the Election Code. | ||
(Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, | ||
eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12; | ||
97-895, eff. 8-3-12; 98-90, eff. 7-15-13; 98-463, eff. 8-16-13; | ||
98-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff. | ||
1-1-15 .)
| ||
Section 110. The Illinois Police Training Act is amended by | ||
changing Section 7 and adding Section 10.19 as follows:
| ||
(50 ILCS 705/7) (from Ch. 85, par. 507)
| ||
Sec. 7. Rules and standards for schools. The Board shall | ||
adopt rules and
minimum standards for such schools which shall | ||
include but not be limited to
the following:
| ||
a. The curriculum for probationary police officers which | ||
shall be
offered by all certified schools shall include but not | ||
be limited to
courses of procedural justice, arrest and use and | ||
control tactics, search and seizure, including temporary |
questioning, civil rights, human rights, human relations,
| ||
cultural competency, including implicit bias and racial and | ||
ethnic sensitivity,
criminal law, law of criminal procedure, | ||
constitutional and proper use of law enforcement authority, | ||
vehicle and traffic law including
uniform and | ||
non-discriminatory enforcement of the Illinois Vehicle Code,
| ||
traffic control and accident investigation, techniques of | ||
obtaining
physical evidence, court testimonies, statements, | ||
reports, firearms
training, training in the use of electronic | ||
control devices, including the psychological and physiological | ||
effects of the use of those devices on humans, first-aid | ||
(including cardiopulmonary resuscitation), training in the | ||
administration of opioid antagonists as defined in paragraph | ||
(1) of subsection (e) of Section 5-23 of the Alcoholism and | ||
Other Drug Abuse and Dependency Act, handling of
juvenile | ||
offenders, recognition of
mental conditions, including, but | ||
not limited to, the disease of addiction, which require | ||
immediate assistance and methods to
safeguard and provide | ||
assistance to a person in need of mental
treatment, recognition | ||
of abuse, neglect, financial exploitation, and self-neglect of | ||
adults with disabilities and older adults, as defined in | ||
Section 2 of the Adult Protective Services Act, crimes against | ||
the elderly, law of evidence, the hazards of high-speed police | ||
vehicle
chases with an emphasis on alternatives to the | ||
high-speed chase, and
physical training. The curriculum shall | ||
include specific training in
techniques for immediate response |
to and investigation of cases of domestic
violence and of | ||
sexual assault of adults and children, including cultural | ||
perceptions and common myths of sexual assault and sexual abuse | ||
rape as well as interview techniques that are trauma informed, | ||
victim centered, and victim sensitive. The curriculum shall | ||
include
training in techniques designed to promote effective
| ||
communication at the initial contact with crime victims and | ||
ways to comprehensively
explain to victims and witnesses their | ||
rights under the Rights
of Crime Victims and Witnesses Act and | ||
the Crime
Victims Compensation Act. The curriculum shall also | ||
include a block of instruction aimed at identifying and | ||
interacting with persons with autism and other developmental or | ||
physical disabilities, reducing barriers to reporting crimes | ||
against persons with autism, and addressing the unique | ||
challenges presented by cases involving victims or witnesses | ||
with autism and other developmental disabilities. The | ||
curriculum for
permanent police officers shall include but not | ||
be limited to (1) refresher
and in-service training in any of | ||
the courses listed above in this
subparagraph, (2) advanced | ||
courses in any of the subjects listed above in
this | ||
subparagraph, (3) training for supervisory personnel, and (4)
| ||
specialized training in subjects and fields to be selected by | ||
the board. The training in the use of electronic control | ||
devices shall be conducted for probationary police officers, | ||
including University police officers.
| ||
b. Minimum courses of study, attendance requirements and |
equipment
requirements.
| ||
c. Minimum requirements for instructors.
| ||
d. Minimum basic training requirements, which a | ||
probationary police
officer must satisfactorily complete | ||
before being eligible for permanent
employment as a local law | ||
enforcement officer for a participating local
governmental | ||
agency. Those requirements shall include training in first aid
| ||
(including cardiopulmonary resuscitation).
| ||
e. Minimum basic training requirements, which a | ||
probationary county
corrections officer must satisfactorily | ||
complete before being eligible for
permanent employment as a | ||
county corrections officer for a participating
local | ||
governmental agency.
| ||
f. Minimum basic training requirements which a | ||
probationary court
security officer must satisfactorily | ||
complete before being eligible for
permanent employment as a | ||
court security officer for a participating local
governmental | ||
agency. The Board shall
establish those training requirements | ||
which it considers appropriate for court
security officers and | ||
shall certify schools to conduct that training.
| ||
A person hired to serve as a court security officer must | ||
obtain from the
Board a certificate (i) attesting to his or her | ||
successful completion of the
training course; (ii) attesting to | ||
his or her satisfactory
completion of a training program of | ||
similar content and number of hours that
has been found | ||
acceptable by the Board under the provisions of this Act; or
|
(iii) attesting to the Board's determination that the training
| ||
course is unnecessary because of the person's extensive prior | ||
law enforcement
experience.
| ||
Individuals who currently serve as court security officers | ||
shall be deemed
qualified to continue to serve in that capacity | ||
so long as they are certified
as provided by this Act within 24 | ||
months of June 1, 1997 ( the effective date of Public Act | ||
89-685) this
amendatory Act of 1996 . Failure to be so | ||
certified, absent a waiver from the
Board, shall cause the | ||
officer to forfeit his or her position.
| ||
All individuals hired as court security officers on or | ||
after the effective
date of this amendatory Act of 1996 shall | ||
be certified within 12 months of the
date of their hire, unless | ||
a waiver has been obtained by the Board, or they
shall forfeit | ||
their positions.
| ||
The Sheriff's Merit Commission, if one exists, or the | ||
Sheriff's Office if
there is no Sheriff's Merit Commission, | ||
shall maintain a list of all
individuals who have filed | ||
applications to become court security officers and
who meet the | ||
eligibility requirements established under this Act. Either
| ||
the Sheriff's Merit Commission, or the Sheriff's Office if no | ||
Sheriff's Merit
Commission exists, shall establish a schedule | ||
of reasonable intervals for
verification of the applicants' | ||
qualifications under
this Act and as established by the Board.
| ||
g. Minimum in-service training requirements, which a | ||
police officer must satisfactorily complete every 3 years. |
Those requirements shall include constitutional and proper use | ||
of law enforcement authority, procedural justice, civil | ||
rights, human rights, and cultural competency. | ||
h. Minimum in-service training requirements, which a | ||
police officer must satisfactorily complete at least annually. | ||
Those requirements shall include law updates and use of force | ||
training which shall include scenario based training, or | ||
similar training approved by the Board. | ||
(Source: P.A. 98-49, eff. 7-1-13; 98-358, eff. 1-1-14; 98-463, | ||
eff. 8-16-13; 98-756, eff. 7-16-14; 99-352, eff. 1-1-16; | ||
99-480, eff. 9-9-15; revised 10-20-15.)
| ||
(50 ILCS 705/10.19 new) | ||
Sec. 10.19. Training; sexual assault and sexual abuse. | ||
(a) The Illinois Law Enforcement Training Standards Board | ||
shall conduct or approve training programs in trauma-informed | ||
responses and investigations of sexual assault and sexual | ||
abuse, which include, but is not limited to, the following: | ||
(1) recognizing the symptoms of trauma; | ||
(2) understanding the role trauma has played in a | ||
victim's life; | ||
(3) responding to the needs and concerns of a victim; | ||
(4) delivering services in a compassionate, sensitive, | ||
and nonjudgmental manner; | ||
(5) interviewing techniques in accordance with the | ||
curriculum standards in subsection (f) of this Section; |
(6) understanding cultural perceptions and common | ||
myths of sexual assault and sexual abuse; and | ||
(7) report writing techniques in accordance with the | ||
curriculum standards in subsection (f) of this Section. | ||
(b) This training must be presented in all full and | ||
part-time basic law enforcement academies on or before July 1, | ||
2018. | ||
(c) Agencies employing law enforcement officers must | ||
present this training to all law enforcement officers within 3 | ||
years after the effective date of this amendatory Act of the | ||
99th General Assembly and must present in-service training on | ||
sexual assault and sexual abuse response and report writing | ||
training requirements every 3 years. | ||
(d) Agencies employing law enforcement officers who | ||
conduct sexual assault and sexual abuse investigations must | ||
provide specialized training to these officers on sexual | ||
assault and sexual abuse investigations within 2 years after | ||
the effective date of this amendatory Act of the 99th General | ||
Assembly and must present in-service training on sexual assault | ||
and sexual abuse investigations to these officers every 3 | ||
years. | ||
(e) Instructors providing this training shall have | ||
successfully completed training on evidence-based, | ||
trauma-informed, victim-centered response to cases of sexual | ||
assault and sexual abuse and have experience responding to | ||
sexual assault and sexual abuse cases. |
(f) The Board shall adopt rules, in consultation with the | ||
Office of the Illinois Attorney General and the Department of | ||
State Police, to determine the specific training requirements | ||
for these courses, including, but not limited to, the | ||
following: | ||
(1) evidence-based curriculum standards for report | ||
writing and immediate response to sexual assault and sexual | ||
abuse, including trauma-informed, victim-centered | ||
interview techniques, which have been demonstrated to | ||
minimize retraumatization, for probationary police | ||
officers and all law enforcement officers; and | ||
(2) evidence-based curriculum standards for | ||
trauma-informed, victim-centered investigation and | ||
interviewing techniques, which have been demonstrated to | ||
minimize retraumatization, for cases of sexual assault and | ||
sexual abuse for law enforcement officers who conduct | ||
sexual assault and sexual abuse investigations. | ||
Section 115. The Sexual Assault Survivors Emergency | ||
Treatment Act is amended by changing Sections 1a and 6.4 and by | ||
adding Sections 6.5 and 6.6 as follows:
| ||
(410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
| ||
Sec. 1a. Definitions. In this Act:
| ||
"Ambulance provider" means an individual or entity that | ||
owns and operates a business or service using ambulances or |
emergency medical services vehicles to transport emergency | ||
patients.
| ||
"Areawide sexual assault treatment plan" means a plan, | ||
developed by the hospitals in the community or area to be | ||
served, which provides for hospital emergency services to | ||
sexual assault survivors that shall be made available by each | ||
of the participating hospitals.
| ||
"Department" means the Department of Public Health.
| ||
"Emergency contraception" means medication as approved by | ||
the federal Food and Drug Administration (FDA) that can | ||
significantly reduce the risk of pregnancy if taken within 72 | ||
hours after sexual assault.
| ||
"Follow-up healthcare" means healthcare services related | ||
to a sexual assault, including laboratory services and pharmacy | ||
services, rendered within 90 days of the initial visit for | ||
hospital emergency services.
| ||
"Forensic services" means the collection of evidence | ||
pursuant to a statewide sexual assault evidence collection | ||
program administered by the Department of State Police, using | ||
the Illinois State Police Sexual Assault Evidence Collection | ||
Kit.
| ||
"Health care professional" means a physician, a physician | ||
assistant, or an advanced practice nurse.
| ||
"Hospital" has the meaning given to that term in the | ||
Hospital Licensing Act.
| ||
"Hospital emergency services" means healthcare delivered |
to outpatients within or under the care and supervision of | ||
personnel working in a designated emergency department of a | ||
hospital, including, but not limited to, care ordered by such | ||
personnel for a sexual assault survivor in the emergency | ||
department.
| ||
"Illinois State Police Sexual Assault Evidence Collection | ||
Kit" means a prepackaged set of materials and forms to be used | ||
for the collection of evidence relating to sexual assault. The | ||
standardized evidence collection kit for the State of Illinois | ||
shall be the Illinois State Police Sexual Assault Evidence | ||
Collection Kit.
| ||
"Law enforcement agency having jurisdiction" means the law | ||
enforcement agency in the jurisdiction where an alleged sexual | ||
assault or sexual abuse occurred. | ||
"Nurse" means a nurse licensed under the Nurse
Practice | ||
Act.
| ||
"Physician" means a person licensed to practice medicine in | ||
all its branches.
| ||
"Sexual assault" means an act of nonconsensual sexual | ||
conduct or sexual penetration, as defined in Section 11-0.1 of | ||
the Criminal Code of 2012, including, without limitation, acts | ||
prohibited under Sections 11-1.20 through 11-1.60 of the | ||
Criminal Code of 2012.
| ||
"Sexual assault survivor" means a person who presents for | ||
hospital emergency services in relation to injuries or trauma | ||
resulting from a sexual assault.
|
"Sexual assault transfer plan" means a written plan | ||
developed by a hospital and approved by the Department, which | ||
describes the hospital's procedures for transferring sexual | ||
assault survivors to another hospital in order to receive | ||
emergency treatment.
| ||
"Sexual assault treatment plan" means a written plan | ||
developed by a hospital that describes the hospital's | ||
procedures and protocols for providing hospital emergency | ||
services and forensic services to sexual assault survivors who | ||
present themselves for such services, either directly or | ||
through transfer from another hospital.
| ||
"Transfer services" means the appropriate medical | ||
screening examination and necessary stabilizing treatment | ||
prior to the transfer of a sexual assault survivor to a | ||
hospital that provides hospital emergency services and | ||
forensic services to sexual assault survivors pursuant to a | ||
sexual assault treatment plan or areawide sexual assault | ||
treatment plan.
| ||
"Voucher" means a document generated by a hospital at the | ||
time the sexual assault survivor receives hospital emergency | ||
and forensic services that a sexual assault survivor may | ||
present to providers for follow-up healthcare. | ||
(Source: P.A. 99-454, eff. 1-1-16 .)
| ||
(410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
| ||
Sec. 6.4. Sexual assault evidence collection program.
|
(a) There is created a statewide sexual assault evidence | ||
collection program
to facilitate the prosecution of persons | ||
accused of sexual assault. This
program shall be administered | ||
by the Illinois
State Police. The program shall
consist of the | ||
following: (1) distribution of sexual assault evidence
| ||
collection kits which have been approved by the Illinois
State | ||
Police to hospitals that request them, or arranging for
such | ||
distribution by the manufacturer of the kits, (2) collection of | ||
the kits
from hospitals after the kits have been used to | ||
collect
evidence, (3) analysis of the collected evidence and | ||
conducting of laboratory
tests, (4) maintaining the chain of | ||
custody and safekeeping of the evidence
for use in a legal | ||
proceeding, and (5) the comparison of the collected evidence | ||
with the genetic marker grouping analysis information | ||
maintained by the Department of State Police under Section | ||
5-4-3 of the Unified Code of Corrections and with the | ||
information contained in the Federal Bureau of Investigation's | ||
National DNA database; provided the amount and quality of | ||
genetic marker grouping results obtained from the evidence in | ||
the sexual assault case meets the requirements of both the | ||
Department of State Police and the Federal Bureau of | ||
Investigation's Combined DNA Index System (CODIS) policies. | ||
The standardized evidence collection kit for
the State of | ||
Illinois shall be the Illinois State Police Sexual Assault | ||
Evidence Kit and shall include a written consent form | ||
authorizing law enforcement to test the sexual assault evidence |
and to provide law enforcement with details of the sexual | ||
assault . A sexual assault evidence collection kit may not be | ||
released by a hospital
without the written consent of the | ||
sexual assault survivor. In the case of a
survivor who is a | ||
minor 13 years of age or older, evidence and
information | ||
concerning the sexual assault may be released at the
written | ||
request of the minor. If the survivor is a minor who is under | ||
13 years
of age, evidence and information concerning the | ||
alleged sexual assault may be
released at the written request | ||
of the parent, guardian, investigating law
enforcement | ||
officer, or Department of Children and Family Services. If the | ||
survivor is an adult who has a guardian of the person, a health | ||
care surrogate, or an agent acting under a health care power of | ||
attorney, then consent of the guardian, surrogate, or agent is | ||
not required to release evidence and information concerning the | ||
sexual assault. If the adult is unable to provide consent for | ||
the release of evidence and information and a guardian, | ||
surrogate, or agent under a health care power of attorney is | ||
unavailable or unwilling to release the information, then an | ||
investigating law enforcement officer may authorize the | ||
release. Any health
care professional, including any | ||
physician, advanced practice nurse, physician assistant, or | ||
nurse, sexual assault nurse
examiner, and any health care
| ||
institution, including any hospital, who provides evidence or | ||
information to a
law enforcement officer pursuant to a written | ||
request as specified in this
Section is immune from any civil |
or professional liability that might arise
from those actions, | ||
with the exception of willful or wanton misconduct. The
| ||
immunity provision applies only if all of the requirements of | ||
this Section are
met.
| ||
(a-5) (Blank).
| ||
(b) The Illinois State Police shall administer a program to | ||
train hospitals
and hospital personnel participating in the | ||
sexual assault evidence collection
program, in the correct use | ||
and application of the sexual assault evidence
collection kits. | ||
A sexual assault nurse examiner may conduct
examinations using | ||
the sexual assault evidence collection kits, without the
| ||
presence or participation of a physician. The Department
shall
| ||
cooperate with the Illinois State Police in this
program as it | ||
pertains to medical aspects of the evidence collection.
| ||
(c) In this Section, "sexual assault nurse examiner" means | ||
a registered
nurse
who has completed a sexual assault nurse | ||
examiner (SANE) training program that
meets the Forensic Sexual | ||
Assault Nurse Examiner Education Guidelines
established by the | ||
International Association of Forensic Nurses.
| ||
(Source: P.A. 95-331, eff. 8-21-07; 95-432, eff. 1-1-08; | ||
96-318, eff. 1-1-10; 96-1011, eff. 9-1-10.)
| ||
(410 ILCS 70/6.5 new) | ||
Sec. 6.5. Written consent to the release of sexual assault | ||
evidence for testing. | ||
(a) Upon the completion of hospital emergency services and |
forensic services, the health care professional providing the | ||
forensic services shall provide the patient the opportunity to | ||
sign a written consent to allow law enforcement to submit the | ||
sexual assault evidence for testing. The written consent shall | ||
be on a form included in the sexual assault evidence collection | ||
kit and shall include whether the survivor consents to the | ||
release of information about the sexual assault to law | ||
enforcement. | ||
(1) A survivor 13 years of age or older may sign the | ||
written consent to release the evidence for testing. | ||
(2) If the survivor is a minor who is under 13 years of | ||
age, the written consent to release the sexual assault | ||
evidence for testing may be signed by the parent, guardian, | ||
investigating law enforcement officer, or Department of | ||
Children and Family Services. | ||
(3) If the survivor is an adult who has a guardian of | ||
the person, a health care surrogate, or an agent acting | ||
under a health care power of attorney, the consent of the | ||
guardian, surrogate, or agent is not required to release | ||
evidence and information concerning the sexual assault or | ||
sexual abuse. If the adult is unable to provide consent for | ||
the release of evidence and information and a guardian, | ||
surrogate, or agent under a health care power of attorney | ||
is unavailable or unwilling to release the information, | ||
then an investigating law enforcement officer may | ||
authorize the release. |
(4) Any health care professional, including any | ||
physician, advanced practice nurse, physician assistant, | ||
or nurse, sexual assault nurse examiner, and any health | ||
care institution, including any hospital, who provides | ||
evidence or information to a law enforcement officer under | ||
a written consent as specified in this Section is immune | ||
from any civil or professional liability that might arise | ||
from those actions, with the exception of willful or wanton | ||
misconduct. The immunity provision applies only if all of | ||
the requirements of this Section are met. | ||
(b) The hospital shall keep a copy of a signed or unsigned | ||
written consent form in the patient's medical record. | ||
(c) If a written consent to allow law enforcement to test | ||
the sexual assault evidence is not signed at the completion of | ||
hospital emergency services and forensic services, the | ||
hospital shall include the following information in its | ||
discharge instructions: | ||
(1) the sexual assault evidence will be stored for 5 | ||
years from the completion of an Illinois State Police | ||
Sexual Assault Evidence Collection Kit, or 5 years from the | ||
age of 18 years, whichever is longer; | ||
(2) a person authorized to consent to the testing of | ||
the sexual assault evidence may sign a written consent to | ||
allow law enforcement to test the sexual assault evidence | ||
at any time during that 5-year period for an adult victim, | ||
or until a minor victim turns 23 years of age by (A) |
contacting the law enforcement agency having jurisdiction, | ||
or if unknown, the law enforcement agency contacted by the | ||
hospital under Section 3.2 of the Criminal Identification | ||
Act; or (B) by working with an advocate at a rape crisis | ||
center; | ||
(3) the name, address, and phone number of the law | ||
enforcement agency having jurisdiction, or if unknown the | ||
name, address, and phone number of the law enforcement | ||
agency contacted by the hospital under Section 3.2 of the | ||
Criminal Identification Act; and | ||
(4) the name and phone number of a local rape crisis | ||
center. | ||
(410 ILCS 70/6.6 new) | ||
Sec. 6.6. Submission of sexual assault evidence. | ||
(a) As soon as practicable, but in no event more than 4 | ||
hours after the completion of hospital emergency services and | ||
forensic services, the hospital shall make reasonable efforts | ||
to determine the law enforcement agency having jurisdiction | ||
where the sexual assault occurred. The hospital may obtain the | ||
name of the law enforcement agency with jurisdiction from the | ||
local law enforcement agency. | ||
(b) Within 4 hours after the completion of hospital | ||
emergency services and forensic services, the hospital shall | ||
notify the law enforcement agency having jurisdiction that the | ||
hospital is in possession of sexual assault evidence and the |
date and time the collection of evidence was completed. The | ||
hospital shall document the notification in the patient's | ||
medical records and shall include the agency notified, the date | ||
and time of the notification and the name of the person who | ||
received the notification. This notification to the law | ||
enforcement agency having jurisdiction satisfies the | ||
hospital's requirement to contact its local law enforcement | ||
agency under Section 3.2 of the Criminal Identification Act. | ||
(c) If the law enforcement agency having jurisdiction has | ||
not taken physical custody of sexual assault evidence within 5 | ||
days of the first contact by the hospital, the hospital shall | ||
re-notify the law enforcement agency having jurisdiction that | ||
the hospital is in possession of sexual assault evidence and | ||
the date the sexual assault evidence was collected. The | ||
hospital shall document the re-notification in the patient's | ||
medical records and shall include the agency notified, the date | ||
and time of the notification and the name of the person who | ||
received the notification. | ||
(d) If the law enforcement agency having jurisdiction has | ||
not taken physical custody of the sexual assault evidence | ||
within 10 days of the first contact by the hospital and the | ||
hospital has provided renotification under subsection (c) of | ||
this Section, the hospital shall contact the State's Attorney | ||
of the county where the law enforcement agency having | ||
jurisdiction is located. The hospital shall inform the State's | ||
Attorney that the hospital is in possession of sexual assault |
evidence, the date the sexual assault evidence was collected, | ||
the law enforcement agency having jurisdiction, the dates, | ||
times and names of persons notified under subsections (b) and | ||
(c) of this Section. The notification shall be made within 14 | ||
days of the collection of the sexual assault evidence. | ||
Section 120. The Sexual Assault Evidence Submission Act is | ||
amended by changing Section 10 as follows: | ||
(725 ILCS 202/10)
| ||
Sec. 10. Submission of evidence. Law enforcement agencies | ||
that receive sexual assault evidence that the victim of a | ||
sexual assault or sexual abuse or a person authorized under | ||
Section 6.5 of the Sexual Assault Survivors Emergency Treatment | ||
Act has consented to allow law enforcement to test in | ||
connection with the investigation of a criminal case on or | ||
after the effective date of this Act must submit evidence from | ||
the case within 10 business days of receipt of the consent to | ||
test to a Department of State Police forensic laboratory or a | ||
laboratory approved and designated by the Director of State | ||
Police. The written report required under Section 20 of the | ||
Sexual Assault Incident Procedure Act shall include the date | ||
and time the sexual assault evidence was picked up from the | ||
hospital, the date consent to test the sexual assault evidence | ||
was given, and the date and time the sexual assault evidence | ||
was sent to the laboratory. Sexual assault evidence received by |
a law enforcement agency within 30 days prior to the effective | ||
date of this Act shall be submitted pursuant to this Section.
| ||
(Source: P.A. 96-1011, eff. 9-1-10.)
| ||
Section 125. The Unified Code of Corrections is amended by | ||
changing Section 5-4-3a as follows: | ||
(730 ILCS 5/5-4-3a) | ||
Sec. 5-4-3a. DNA testing backlog accountability. | ||
(a) On or before August 1 of each year, the Department of | ||
State Police shall report to the Governor and both houses of | ||
the General Assembly the following information: | ||
(1) the extent of the backlog of cases awaiting testing | ||
or awaiting DNA analysis by that Department, including but | ||
not limited to those tests conducted under Section 5-4-3, | ||
as of June 30 of the previous fiscal year, with the backlog | ||
being defined as all cases awaiting forensic testing | ||
whether in the physical custody of the State Police or in | ||
the physical custody of local law enforcement, provided | ||
that the State Police have written notice of any evidence | ||
in the physical custody of local law enforcement prior to | ||
June 1 of that year; and | ||
(2) what measures have been and are being taken to | ||
reduce that backlog and the estimated costs or expenditures | ||
in doing so. | ||
(b) The information reported under this Section shall be |
made available to the public, at the time it is reported, on | ||
the official web site of the Department of State Police.
| ||
(c) Beginning January 1, 2016, the Department of State | ||
Police shall quarterly report on the status of the processing | ||
of forensic biology and DNA evidence submitted to the | ||
Department of State Police Laboratory for analysis. The report | ||
shall be submitted to the Governor and the General Assembly, | ||
and shall be posted on the Department of State Police website. | ||
The report shall include the following for each State Police | ||
Laboratory location and any laboratory to which the Department | ||
of State Police has outsourced evidence for testing: | ||
(1) For forensic biology submissions, report both | ||
total case and sexual assault or abuse case (as defined by | ||
the Sexual Assault Evidence Submission Act) figures for: | ||
(A) The number of cases received in the preceding | ||
quarter. | ||
(B) The number of cases completed in the preceding | ||
quarter. | ||
(C) The number of cases waiting analysis. | ||
(D) The number of cases sent for outsourcing. | ||
(E) The number of cases waiting analysis that were | ||
received within the past 30 days. | ||
(F) The number of cases waiting analysis that were | ||
received 31 to 90 days prior. | ||
(G) The number of cases waiting analysis that were | ||
received 91 to 180 days prior. |
(H) The number of cases waiting analysis that were | ||
received 181 to 365 days prior. | ||
(I) The number of cases waiting analysis that were | ||
received more than 365 days prior. | ||
(J) The number of cases forwarded for DNA analyses. | ||
(2) For DNA submissions, report both total case and | ||
sexual assault or abuse case (as defined by the Sexual | ||
Assault Evidence Submission Act) figures for: | ||
(A) The number of cases received in the preceding | ||
quarter. | ||
(B) The number of cases completed in the preceding | ||
quarter. | ||
(C) The number of cases waiting analysis. | ||
(D) The number of cases sent for outsourcing. | ||
(E) The number of cases waiting analysis that were | ||
received within the past 30 days. | ||
(F) The number of cases waiting analysis that were | ||
received 31 to 90 days prior. | ||
(G) The number of cases waiting analysis that were | ||
received 91 to 180 days prior. | ||
(H) The number of cases waiting analysis that were | ||
received 181 to 365 days prior. | ||
(I) The number of cases waiting analysis that were | ||
received more than 365 days prior. | ||
(3) For all other categories of testing (e.g., drug | ||
chemistry, firearms/toolmark, footwear/tire track, latent |
prints, toxicology, and trace chemistry analysis): | ||
(A) The number of cases received in the preceding | ||
quarter. | ||
(B) The number of cases completed in the preceding | ||
quarter. | ||
(C) The number of cases waiting analysis. | ||
(4) For the Combined DNA Index System (CODIS), report | ||
both total case and sexual assault or abuse case (as | ||
defined by the Sexual Assault Evidence Submission Act) | ||
figures for subparagraphs (D), (E), and (F) of this | ||
paragraph (4): | ||
(A) The number of new offender samples received in | ||
the preceding quarter. | ||
(B) The number of offender samples uploaded to | ||
CODIS in the preceding quarter. | ||
(C) The number of offender samples awaiting | ||
analysis. | ||
(D) The number of unknown DNA case profiles | ||
uploaded to CODIS in the preceding quarter. | ||
(E) The number of CODIS hits in the preceding | ||
quarter. | ||
(F) The number of forensic evidence submissions | ||
submitted to confirm a previously reported CODIS hit. | ||
(5) For each category of testing, report the number of | ||
trained forensic scientists and the number of forensic | ||
scientists in training. |
As used in this subsection (c), "completed" means | ||
completion of both the analysis of the evidence and the | ||
provision of the results to the submitting law enforcement | ||
agency. | ||
(d) The provisions of this subsection (d), other than this | ||
sentence, are inoperative on and after January 1, 2019 or 2 | ||
years after the effective date of this amendatory Act of the | ||
99th General Assembly, whichever is later. In consultation with | ||
and subject to the approval of the Chief Procurement Officer, | ||
the Department of State Police may obtain contracts for | ||
services, commodities, and equipment to assist in the timely | ||
completion of forensic biology, DNA, drug chemistry, | ||
firearms/toolmark, footwear/tire track, latent prints, | ||
toxicology, microscopy, trace chemistry, and Combined DNA | ||
Index System (CODIS) analysis. Contracts to support the | ||
delivery of timely forensic science services are not subject to | ||
the provisions of the Illinois Procurement Code, except for | ||
Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that | ||
Code, provided that the Chief Procurement Officer may, in | ||
writing with justification, waive any certification required | ||
under Article 50 of the Illinois Procurement Code. For any | ||
contracts for services which are currently provided by members | ||
of a collective bargaining agreement, the applicable terms of | ||
the collective bargaining agreement concerning subcontracting | ||
shall be followed. | ||
(Source: P.A. 99-352, eff. 1-1-16 .) |