Sen. Steve Stadelman
Filed: 5/29/2017
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 270




2    AMENDMENT NO. ______. Amend House Bill 270 by replacing 
3everything after the enacting clause with the following:




 
 
4    "Section 1. Short title. This Act may be cited as the Law 
5Enforcement Criminal Sexual Assault Investigation Act.
 
6    Section 5. Definitions.   As used in this Act:

7    "Law enforcement agency" means an agency of this State or 
8unit of local government which is vested by law or ordinance 
9with the duty to maintain public order and to enforce criminal 
10laws or ordinances.

11    "Law enforcement officer" or "officer" means any person 
12employed by a State, county, or municipality as a policeman, 
13peace officer, or in a like position involving the enforcement 
14of the law and protection of public interest at the risk of the 
15person's life.  
16    "Officer-involved criminal sexual assault" means an 
 
 
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1alleged violation of Section 11-1.20, 11-1.30, 11-1.40, 
211-1.50, or 11-1.60 of the Criminal Code of 2012 while an 
3officer is on duty.
 
4    Section 10. Investigation of officer-involved criminal 
5assault; requirements. 
6    (a) Each law enforcement agency shall have a written policy 
7regarding the investigation of officer-involved criminal 
8sexual assault that involves a law enforcement officer employed 
9by that law enforcement agency.
10    (b) Each officer-involved criminal sexual assault 
11investigation shall be conducted by at least 2 investigators or 
12an entity comprised of at least 2 investigators, one of whom 
13shall be the lead investigator. The investigators shall have 
14completed a specialized sexual assault and sexual abuse 
15investigation training program approved by the Illinois Law 
16Enforcement Training Standards Board or similar training 
17approved by the Department of State Police. No investigator 
18involved in the investigation may be employed by the law 
19enforcement agency that employs the officer
involved in the 
20officer-involved criminal sexual assault, unless the 
21investigator is employed by the Department of State Police or a 
22municipality with a population over 1,000,000 and is not 
23assigned to the same division or unit as the officer involved 
24in the criminal sexual assault.
25    (c) Upon receipt of an allegation or complaint of an 
 
 
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1officer-involved criminal sexual assault, a municipality with 
2a population over 1,000,000 shall promptly notify an 
3independent agency, created by ordinance of the municipality, 
4tasked with investigating incidents of police misconduct.
 
5    Section 15. Intra-agency investigations. This Act does
not 
6prohibit a law enforcement agency from conducting an
internal 
7investigation into the officer-involved criminal sexual 
8assault if the
internal investigation does not interfere with 
9the
investigation conducted under the requirements of Section 
1010
of this Act.

 
11    Section 20. Compensation for investigations. Compensation 
12for participation in an investigation of an
officer-involved 
13criminal sexual assault under Section 10 of this Act may be

14determined in an intergovernmental or interagency agreement.


 
15    Section 99. Effective date. This Act takes effect January 
161, 2018.".