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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Sexual Assault Evidence Submission Act is | ||||||
5 | amended by changing Sections 15 and 20 and by adding Section 42 | ||||||
6 | as follows: | ||||||
7 | (725 ILCS 202/15)
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8 | Sec. 15. Analysis of evidence ; notification . | ||||||
9 | (a) All sexual assault evidence submitted pursuant to | ||||||
10 | Section 10 of this Act on or after the effective date of this | ||||||
11 | Act shall be analyzed within 6 months after receipt of all | ||||||
12 | necessary evidence and standards by the State Police Laboratory | ||||||
13 | or other designated laboratory if sufficient staffing and | ||||||
14 | resources are available.
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15 | (b) If a consistent DNA profile has been identified by | ||||||
16 | comparing the submitted sexual assault evidence with a known | ||||||
17 | standard from a suspect or with DNA profiles in the CODIS | ||||||
18 | database, the Department shall notify the investigating law | ||||||
19 | enforcement agency of the results in writing, and the | ||||||
20 | Department shall provide an automatic courtesy copy of the | ||||||
21 | written notification to the appropriate State's Attorney's | ||||||
22 | Office for tracking and further action, as necessary. | ||||||
23 | (Source: P.A. 96-1011, eff. 9-1-10.) |
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1 | (725 ILCS 202/20)
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2 | Sec. 20. Inventory of evidence. | ||||||
3 | (a) By October 15, 2010, each Illinois law enforcement | ||||||
4 | agency shall provide written notice to the Department of State | ||||||
5 | Police, in a form and manner prescribed by the Department, | ||||||
6 | stating the number of sexual assault cases in the custody of | ||||||
7 | the law enforcement agency that have not been previously | ||||||
8 | submitted to a laboratory for analysis. Within 180 days after | ||||||
9 | the effective date of this Act, appropriate arrangements shall | ||||||
10 | be made between the law enforcement agency and the Department | ||||||
11 | of State Police, or a laboratory approved and designated by the | ||||||
12 | Director of State Police, to ensure that all cases that were | ||||||
13 | collected prior to the effective date of this Act and are, or | ||||||
14 | were at the time of collection, the subject of a criminal | ||||||
15 | investigation, are submitted to the Department of State Police, | ||||||
16 | or a laboratory approved and designated by the Director of | ||||||
17 | State Police. | ||||||
18 | (b) By February 15, 2011, the Department of State Police | ||||||
19 | shall submit to the Governor, the Attorney General, and both | ||||||
20 | houses of the General Assembly a plan for analyzing cases | ||||||
21 | submitted pursuant to this Section. The plan shall include but | ||||||
22 | not be limited to a timeline for completion of analysis and a | ||||||
23 | summary of the inventory received, as well as requests for | ||||||
24 | funding and resources necessary to meet the established | ||||||
25 | timeline. Should the Department determine it is necessary to |
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1 | outsource the forensic testing of the cases submitted in | ||||||
2 | accordance with this Section, all such cases will be exempt | ||||||
3 | from the provisions of subsection (n) of Section 5-4-3 of the | ||||||
4 | Unified Code of Corrections.
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5 | (c) Beginning June 1, 2016 or on and after the effective | ||||||
6 | date of this amendatory Act of the 99th General Assembly, | ||||||
7 | whichever is later, each law enforcement agency must conduct an | ||||||
8 | annual inventory of all sexual assault cases in the custody of | ||||||
9 | the law enforcement agency and provide written notice of its | ||||||
10 | annual findings to the State's Attorney's Office having | ||||||
11 | jurisdiction to ensure sexual assault cases are being submitted | ||||||
12 | as provided by law. | ||||||
13 | (Source: P.A. 96-1011, eff. 9-1-10.) | ||||||
14 | (725 ILCS 202/42 new) | ||||||
15 | Sec. 42. Reporting. Beginning January 1, 2017 and each year | ||||||
16 | thereafter, the Department shall publish a quarterly report on | ||||||
17 | its website, indicating a breakdown of the number of sexual | ||||||
18 | assault case submissions from every law enforcement agency.
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19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law. |