HB4394 104TH GENERAL ASSEMBLY

LRB104 15620 RLC 28787 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4394

Introduced 1/14/2026, by Rep. Daniel Didech

SYNOPSIS AS INTRODUCED:

725 ILCS 203/20

Amends the Sexual Assault Incident Procedure Act. Provides that a law enforcement officer shall inform a victim of sexual assault or sexual abuse of the right to request that any interview or statement be conducted in the presence of a law enforcement officer of a particular sex or gender, if one is reasonably available. Provides that if a law enforcement officer of the requested sex or gender is not reasonably available, the interview or statement shall proceed without unnecessary delay.

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 Incident Procedure Act is amended by changing Section 20 as follows:

(725 ILCS 203/20)

(Text of Section before amendment by P.A. 104-173)

Sec. 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 10.21 of the Illinois Police Training Act and Section 2605-51 of the Illinois State Police Law of the Civil Administrative Code of Illinois.

(Source: P.A. 102-538, eff. 8-20-21.)

(Text of Section after amendment by P.A. 104-173)

Sec. 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. A law enforcement officer shall not discourage or attempt to discourage a victim from filing a police report concerning sexual assault or sexual abuse.

(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 10.21 of the Illinois Police Training Act and Section 2605-51 of the Illinois State Police Law of the Civil Administrative Code of Illinois.

(h) A law enforcement officer shall inform a victim of sexual assault or sexual abuse of the right to request that any interview or statement be conducted in the presence of a law enforcement officer of a particular sex or gender, if one is reasonably available. If a law enforcement officer of the requested sex or gender is not reasonably available, the interview or statement shall proceed without unnecessary delay.

(Source: P.A. 104-173, eff. 1-1-26.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.