Public Act 099-0617
 
SB2221 EnrolledLRB099 14772 MRW 38922 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Sexual Assault Evidence Submission Act is 
amended  by changing Sections 15 and 20 and  by adding Section 42 
as follows:
 
    (725 ILCS 202/15)

    Sec. 15. Analysis of evidence; notification.  
    (a) All sexual assault evidence submitted pursuant to 
Section 10 of this Act on or after the effective date of this 
Act shall be analyzed  within 6 months after receipt of all 
necessary evidence and standards by the State Police Laboratory 
or other designated laboratory if sufficient staffing and 
resources are available. 

    (b) If a consistent DNA profile has been identified by 
comparing the submitted sexual assault evidence with a known 
standard from a suspect or with DNA profiles in the CODIS 
database, the Department shall notify the investigating law 
enforcement agency of the results in writing, and the 
Department shall provide an automatic courtesy copy of the 
written notification to the appropriate State's Attorney's 
Office for tracking and further action, as necessary. 
(Source: P.A. 96-1011, eff. 9-1-10.)
 
    (725 ILCS 202/20)

    Sec. 20. Inventory of evidence. 
    (a) By October 15, 2010, each Illinois law enforcement 
agency shall provide written notice to the Department of  State 
Police, in a form and manner prescribed by the Department, 
stating the number of sexual assault cases in the custody of 
the law enforcement agency that have not been previously 
submitted to a laboratory for analysis. Within 180 days after 
the effective date of this Act, appropriate arrangements shall 
be made between the law enforcement agency and the Department 
of State Police, or a laboratory approved and designated by the 
Director of State Police, to ensure that all cases that were  
collected prior to the effective date of this Act and are, or 
were at the time of collection, the subject of a criminal 
investigation, are submitted to the Department of State Police, 
or a laboratory approved and designated by the Director of 
State Police.
    (b) By February 15, 2011, the Department of State Police 
shall submit to the Governor, the Attorney General, and both 
houses of the General Assembly a plan for analyzing cases 
submitted pursuant to this Section. The plan shall include but 
not be limited to a timeline for completion of analysis and  a 
summary of the inventory received, as well as requests for 
funding and resources necessary to meet the established 
timeline. Should the Department determine it is necessary to 
outsource the forensic testing of the cases submitted in 
accordance with this Section, all such cases will be exempt 
from the provisions of subsection (n) of Section 5-4-3 of the 
Unified Code of Corrections.

    (c) Beginning June 1, 2016 or on and after the effective 
date of this amendatory Act of the 99th General Assembly, 
whichever is later, each law enforcement agency must conduct an 
annual inventory of all sexual assault cases in the custody of 
the law enforcement agency and provide written notice of its 
annual findings to the State's Attorney's Office having 
jurisdiction to ensure sexual assault cases are being submitted 
as provided by law. 
(Source: P.A. 96-1011, eff. 9-1-10.)
 
    (725 ILCS 202/42 new)
    Sec. 42. Reporting. Beginning January 1, 2017 and each year 
thereafter, the Department shall publish a quarterly report on 
its website, indicating a breakdown of the number of sexual 
assault case submissions from every law enforcement agency.
  
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.