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| Public Act 100-0515 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Law | ||||
Enforcement Criminal Sexual Assault Investigation Act. | ||||
Section 5. Definitions. As used in this Act:
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"Law enforcement agency" means an agency of this State or | ||||
unit of local government which is vested by law or ordinance | ||||
with the duty to maintain public order and to enforce criminal | ||||
laws or ordinances.
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"Law enforcement officer" or "officer" means any person | ||||
employed by a State, county, or municipality as a policeman, | ||||
peace officer, or in a like position involving the enforcement | ||||
of the law and protection of public interest at the risk of the | ||||
person's life. | ||||
"Officer-involved criminal sexual assault" means an | ||||
alleged violation of Section 11-1.20, 11-1.30, 11-1.40, | ||||
11-1.50, or 11-1.60 of the Criminal Code of 2012 while an | ||||
officer is on duty. | ||||
Section 10. Investigation of officer-involved criminal | ||||
assault; requirements. | ||||
(a) Each law enforcement agency shall have a written policy | ||||
regarding the investigation of officer-involved criminal | ||
sexual assault that involves a law enforcement officer employed | ||
by that law enforcement agency. | ||
(b) Each officer-involved criminal sexual assault | ||
investigation shall be conducted by at least 2 investigators or | ||
an entity comprised of at least 2 investigators, one of whom | ||
shall be the lead investigator. The investigators shall have | ||
completed a specialized sexual assault and sexual abuse | ||
investigation training program approved by the Illinois Law | ||
Enforcement Training Standards Board or similar training | ||
approved by the Department of State Police. No investigator | ||
involved in the investigation may be employed by the law | ||
enforcement agency that employs the officer
involved in the | ||
officer-involved criminal sexual assault, unless the | ||
investigator is employed by the Department of State Police or a | ||
municipality with a population over 1,000,000 and is not | ||
assigned to the same division or unit as the officer involved | ||
in the criminal sexual assault. | ||
(c) Upon receipt of an allegation or complaint of an | ||
officer-involved criminal sexual assault, a municipality with | ||
a population over 1,000,000 shall promptly notify an | ||
independent agency, created by ordinance of the municipality, | ||
tasked with investigating incidents of police misconduct. | ||
Section 15. Intra-agency investigations. This Act does
not | ||
prohibit a law enforcement agency from conducting an
internal | ||
investigation into the officer-involved criminal sexual | ||
assault if the
internal investigation does not interfere with | ||
the
investigation conducted under the requirements of Section | ||
10
of this Act.
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Section 20. Compensation for investigations. Compensation | ||
for participation in an investigation of an
officer-involved | ||
criminal sexual assault under Section 10 of this Act may be
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determined in an intergovernmental or interagency agreement.
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Section 99. Effective date. This Act takes effect January | ||
1, 2018. | ||