HB0528 100TH GENERAL ASSEMBLY

LRB100 04273 SLF 14279 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0528

Introduced , by Rep. Margo McDermed

SYNOPSIS AS INTRODUCED:

725 ILCS 202/21 new

Amends the Sexual Assault Evidence Submission Act. Provides that the Department of State Police shall create and operate a statewide sexual assault evidence kit tracking system. Provides that the statewide sexual assault evidence kit tracking system shall: (1) track the location and status of sexual assault evidence kits throughout the criminal justice process, including the initial collection in examinations performed at medical facilities, receipt at local law enforcement agencies, and receipt and analysis at forensic laboratories; (2) allow medical facilities performing sexual assault forensic examinations, law enforcement agencies, prosecutors, State and local crime laboratories, and other entities who have physical custody of sexual assault evidence kits to update and track the status and location of sexual assault evidence kits; (3) allow victims of sexual assault to anonymously track and receive updates regarding the status of their sexual assault evidence kit; and (4) use technology to allow continuous access for appropriate personnel. Provides that the Department may phase in initial participation in the statewide sexual assault evidence kit tracking system by region, volume, or other appropriate classification. Provides that all entities who have custody of sexual assault evidence kits shall fully participate in the system by no later than July 1, 2019. Makes other changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 adding Section 21 as follows:

(725 ILCS 202/21 new)

Sec. 21. Sexual assault evidence kit tracking system.

For the purposes of this Section:

"Sexual assault evidence kit" means an Illinois State Police Sexual Assault Evidence Collection Kit as defined in Section 1a of the Sexual Assault Survivors Emergency Treatment Act.

(a) The General Assembly recognizes the deep pain and suffering experienced by victims of sexual assault. Sexual assault is an extreme violation of a person's body, sense of self, and safety. Sexual violence is a pervasive social problem. National studies indicate that approximately 1 in 4 women will be sexually assaulted in their lifetime. Survivors often turn to hospitals and local law enforcement for help and many volunteer to have professionals collect a sexual assault evidence kit to preserve physical evidence from their bodies. The process of collecting a sexual assault evidence kit is extremely invasive and difficult.

The General Assembly finds that, when forensic analysis is completed, the biological evidence contained inside sexual assault evidence kits can be an incredibly powerful tool for law enforcement to solve and prevent crimes. Forensic analysis of all sexual assault evidence kits sends a message to survivors that they matter. It sends a message to perpetrators that they will be held accountable for their crimes. The General Assembly is committed to bringing healing and justice to survivors of sexual assault.

The General Assembly recognizes the laudable and successful efforts of law enforcement in the utilization of forensic analysis of sexual assault evidence kits in the investigation and prosecution of crimes. The General Assembly intends to continue to build on this State's efforts to address serious concerns in the treatment of sexual assault evidence kits through the establishment of a statewide sexual assault evidence kit tracking system. This system will be designed to track all sexual assault evidence kits in this State in order to further empower survivors with information, assist law enforcement with investigations and crime prevention, and create transparency and foster public trust.

(b) The Department of State Police shall create and operate a statewide sexual assault evidence kit tracking system. The Department may contract with State and non-State entities, including, but not limited to, private software or technology providers for the creation, operation, and maintenance of the statewide sexual assault evidence kit tracking system.

(c) The statewide sexual assault evidence kit tracking system shall:

(1) track the location and status of sexual assault evidence kits throughout the criminal justice process, including the initial collection in examinations performed at medical facilities, receipt at local law enforcement agencies, and receipt and analysis at forensic laboratories;

(2) allow medical facilities performing sexual assault forensic examinations, law enforcement agencies, prosecutors, State and local crime laboratories, and other entities who have physical custody of sexual assault evidence kits to update and track the status and location of sexual assault evidence kits;

(3) allow victims of sexual assault to anonymously track and receive updates regarding the status of their sexual assault evidence kit; and

(4) use technology to allow continuous access for appropriate personnel.

(d) The Department of State Police may phase in initial participation in the statewide sexual assault evidence kit tracking system by region, volume, or other appropriate classification. All entities who have custody of sexual assault evidence kits shall fully participate in the statewide sexual assault evidence kit tracking system on or before July 1, 2019. The Department shall submit a report on the current status and plan for launching the system, which shall include the plan for phases of implementation, to the Governor and appropriate committees of the General Assembly on or before January 1, 2019.

(e) The Department of State Police shall submit a semi-annual report on the statewide sexual assault evidence kit tracking system to the Governor and appropriate committees of the General Assembly. This report shall be made available to the public through the Department's website. The first report shall be due on or before July 1, 2019, and subsequent reports shall be due on or before January 1st and July 1st each year after. These semi-annual reports shall include:

(1) the total number of sexual assault evidence kits in the system, statewide and by jurisdiction;

(2) the total and semi-annual number of sexual assault evidence kits where forensic analysis has been completed, statewide and by jurisdiction;

(3) the number of sexual assault evidence kits added to the system within the reporting period, statewide and by jurisdiction;

(4) the total and semi-annual number of sexual assault evidence kits where forensic analysis has been requested, but not yet completed, statewide and by jurisdiction;

(5) the average and median length of time for sexual assault evidence kits to be submitted to forensic analysis after being added to the system, including separate sets of data for sexual assault evidence kits currently in the system and for sexual assault evidence kits yet to be added to the system within the reporting period, statewide and by jurisdiction;

(6) the average and median length of time for forensic analysis to be completed for sexual assault evidence kits after being submitted for forensic analysis, including separate sets of data for all sexual assault evidence kits within the system, and for sexual assault evidence kits to be added to the system within the reporting period, statewide and by jurisdiction;

(7) the total number of sexual assault evidence kits, statewide and by jurisdiction, where forensic analysis has not been completed and 6 months or more have passed since those sexual evidence kits were added to the system; and

(8) the total number of sexual assault evidence kits, statewide and by jurisdiction, where forensic analysis has not been completed and 1 year or more has passed since those sexual assault evidence kits were added to the system.

(f) For the purposes of the required reports under subsection (e) of this Section, a sexual assault evidence kit shall be assigned to the jurisdiction associated with the law enforcement agency anticipated to receive the sexual assault evidence kit or otherwise in the custody of the sexual assault evidence kit.

(g) A public agency or entity, including officials and employees, and a hospital and its employees providing services to victims of sexual assault may not be held civilly liable for damages arising from the release of information of the failure to release information related to the statewide sexual assault evidence kit tracking system so long as the act or omission was without gross negligence.

(h) Local law enforcement agencies shall participate in the statewide sexual assault evidence kit tracking system established in subsection (b) of this Section for the purpose of tracking the status of all sexual assault evidence kits in the custody of local law enforcement agencies and other entities contracting with local law enforcement agencies. Local law enforcement agencies shall begin full participation in this system according to the implementation schedule established by the Department.

(i) A sheriff and his or her deputies shall participate in the statewide sexual assault evidence kit tracking system established in subsection (b) of this Section for the purpose of tracking the status of all sexual assault evidence kits in the custody of the Department and other entities contracting with the Department. Sheriffs shall begin full participation with the system according to the implementation schedule established by the Department.

(j) State and local crime laboratories that perform DNA analysis shall participate in the statewide sexual assault evidence kit tracking system established in subsection (b) of this Section for the purpose of tracking the status of all sexual assault evidence kits in their custody and other entities contracting with crime labs. State and local crime laboratories shall begin full participation in the system according to the implementation schedule established by the Department.

(k) Hospitals or other treatment centers with staff performing sexual assault forensic examinations shall participate in the statewide sexual assault evidence kit tracking system established in subsection (b) of this Section for the purpose of tracking the status of all sexual assault evidence kits collected by or in the custody of hospitals or treatment centers and other entities contracting with those hospitals or treatment centers. Hospitals and treatment centers shall begin full participation in the system according to the implementation schedule established by the Department.

(l) Prosecuting attorneys shall participate in the statewide sexual assault evidence kit tracking system established in subsection (b) of this Section for the purpose of tracking the status of all sexual assault evidence kits connected to a criminal investigations and prosecutions within the county. Prosecuting attorneys shall begin full participation in the system according to the implementation schedule established by the Department.

Section 99. Effective date. This Act takes effect upon becoming law.