Sen. Bill Cunningham
Filed: 4/1/2016
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1 | AMENDMENT TO SENATE BILL 2221
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2 | AMENDMENT NO. ______. Amend Senate Bill 2221 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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 |
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1 | standard from a suspect or with DNA profiles in the CODIS | ||||||
2 | database, the Department shall notify the investigating law | ||||||
3 | enforcement agency of the results in writing, and the | ||||||
4 | Department shall provide an automatic courtesy copy of the | ||||||
5 | written notification to the appropriate State's Attorney's | ||||||
6 | Office for tracking and further action, as necessary. | ||||||
7 | (Source: P.A. 96-1011, eff. 9-1-10.) | ||||||
8 | (725 ILCS 202/20)
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9 | Sec. 20. Inventory of evidence. | ||||||
10 | (a) By October 15, 2010, each Illinois law enforcement | ||||||
11 | agency shall provide written notice to the Department of State | ||||||
12 | Police, in a form and manner prescribed by the Department, | ||||||
13 | stating the number of sexual assault cases in the custody of | ||||||
14 | the law enforcement agency that have not been previously | ||||||
15 | submitted to a laboratory for analysis. Within 180 days after | ||||||
16 | the effective date of this Act, appropriate arrangements shall | ||||||
17 | be made between the law enforcement agency and the Department | ||||||
18 | of State Police, or a laboratory approved and designated by the | ||||||
19 | Director of State Police, to ensure that all cases that were | ||||||
20 | collected prior to the effective date of this Act and are, or | ||||||
21 | were at the time of collection, the subject of a criminal | ||||||
22 | investigation, are submitted to the Department of State Police, | ||||||
23 | or a laboratory approved and designated by the Director of | ||||||
24 | State Police. | ||||||
25 | (b) By February 15, 2011, the Department of State Police |
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1 | shall submit to the Governor, the Attorney General, and both | ||||||
2 | houses of the General Assembly a plan for analyzing cases | ||||||
3 | submitted pursuant to this Section. The plan shall include but | ||||||
4 | not be limited to a timeline for completion of analysis and a | ||||||
5 | summary of the inventory received, as well as requests for | ||||||
6 | funding and resources necessary to meet the established | ||||||
7 | timeline. Should the Department determine it is necessary to | ||||||
8 | outsource the forensic testing of the cases submitted in | ||||||
9 | accordance with this Section, all such cases will be exempt | ||||||
10 | from the provisions of subsection (n) of Section 5-4-3 of the | ||||||
11 | Unified Code of Corrections.
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12 | (c) Beginning June 1, 2016 or on and after the effective | ||||||
13 | date of this amendatory Act of the 99th General Assembly, | ||||||
14 | whichever is later, each law enforcement agency must conduct an | ||||||
15 | annual inventory of all sexual assault cases in the custody of | ||||||
16 | the law enforcement agency and provide written notice of its | ||||||
17 | annual findings to the State's Attorney's Office having | ||||||
18 | jurisdiction to ensure sexual assault cases are being submitted | ||||||
19 | as provided by law. | ||||||
20 | (Source: P.A. 96-1011, eff. 9-1-10.) | ||||||
21 | (725 ILCS 202/42 new) | ||||||
22 | Sec. 42. Reporting. Beginning January 1, 2017 and each year | ||||||
23 | thereafter, the Department shall publish a quarterly report on | ||||||
24 | its website, indicating a breakdown of the number of sexual | ||||||
25 | assault case submissions from every law enforcement agency.
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
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