HB0270ham003 100TH GENERAL ASSEMBLY

Rep. Litesa E. Wallace

Filed: 3/24/2017

10000HB0270ham003 LRB100 04388 SLF 24301 a

AMENDMENT TO HOUSE BILL 270

AMENDMENT NO. ______. Amend House Bill 270, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Law Enforcement Criminal Sexual Assault Investigation Act.

Section 5. Definitions. As used in this Act:

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

"Law enforcement officer" or "officer" means any person employed by a State, county, or municipality as a policeman, peace officer, or in a like position involving the enforcement of the law and protection of public interest at the risk of the person's life.

"Officer-involved criminal sexual assault" means an alleged violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of the Criminal Code of 2012 while an officer is on duty.

Section 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 lead investigator shall be a person certified by the Illinois Law Enforcement Training Standards Board as a sexual assault investigator, or similar training approved by the Illinois Law Enforcement Training Standards Board or the Department of State Police, or similar training provided at an Illinois Law Enforcement Training Standards Board certified school. 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 of over 1,000,000 and is not assigned to the same division or unit as the officer involved in the criminal sexual assault.

Section 15. Intra-agency investigations. This Act does not prohibit a law enforcement agency from conducting an internal investigation into the officer-involved criminal sexual assault if the internal investigation does not interfere with the investigation conducted under the requirements of Section 10 of this Act.

Section 20. Compensation for investigations. Compensation for participation in an investigation of an officer-involved criminal sexual assault under Section 10 of this Act may be determined in an intergovernmental or interagency agreement.".