HB4962ham001 100TH GENERAL ASSEMBLY

Rep. Litesa E. Wallace

Filed: 4/9/2018

10000HB4962ham001 LRB100 19189 SLF 37184 a

AMENDMENT TO HOUSE BILL 4962

AMENDMENT NO. ______. Amend House Bill 4962 by replacing everything after the enacting clause with the following:

"Section 5. The Law Enforcement Criminal Sexual Assault Investigation Act is amended by changing Section 10 as follows:

(5 ILCS 815/10)

Sec. 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 against a law enforcement officer employed by , a municipality with a population over 1,000,000, the municipality shall promptly notify the Department of State Police. The Department of State Police shall investigate incidents of an officer-involved criminal sexual assault by a law enforcement officer employed with a municipality with a population over 1,000,000 an independent agency, created by ordinance of the municipality, tasked with investigating incidents of police misconduct.

(d) Upon receipt of an allegation or complaint of an officer-involved criminal sexual assault against a law enforcement officer employed by the Department of State Police, the Department of State Police shall promptly notify the State's Attorney of the county in which the alleged offense occurred. The State's Attorney in the county in which the alleged officer-involved criminal sexual assault occurred shall investigate incidents of officer-involved criminal sexual assault by a law enforcement officer employed with the Department of State Police.

(e) Upon completion of the investigation of an alleged officer-involved criminal sexual assault, the investigating officer shall, regardless of whether or not consensual sexual relations has been raised as a defense to the allegation or complaint, submit the report on the investigation to the State's Attorney of the county where the alleged sexual assault took place.

(Source: P.A. 100-515, eff. 1-1-18.)

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