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Public Act 099-0617 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Sexual Assault Evidence Submission Act is | ||||
amended by changing Sections 15 and 20 and by adding Section 42 | ||||
as follows: | ||||
(725 ILCS 202/15)
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Sec. 15. Analysis of evidence ; notification . | ||||
(a) All sexual assault evidence submitted pursuant to | ||||
Section 10 of this Act on or after the effective date of this | ||||
Act shall be analyzed within 6 months after receipt of all | ||||
necessary evidence and standards by the State Police Laboratory | ||||
or other designated laboratory if sufficient staffing and | ||||
resources are available.
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(b) If a consistent DNA profile has been identified by | ||||
comparing the submitted sexual assault evidence with a known | ||||
standard from a suspect or with DNA profiles in the CODIS | ||||
database, the Department shall notify the investigating law | ||||
enforcement agency of the results in writing, and the | ||||
Department shall provide an automatic courtesy copy of the | ||||
written notification to the appropriate State's Attorney's | ||||
Office for tracking and further action, as necessary. | ||||
(Source: P.A. 96-1011, eff. 9-1-10.) |
(725 ILCS 202/20)
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Sec. 20. Inventory of evidence. | ||
(a) By October 15, 2010, each Illinois law enforcement | ||
agency shall provide written notice to the Department of State | ||
Police, in a form and manner prescribed by the Department, | ||
stating the number of sexual assault cases in the custody of | ||
the law enforcement agency that have not been previously | ||
submitted to a laboratory for analysis. Within 180 days after | ||
the effective date of this Act, appropriate arrangements shall | ||
be made between the law enforcement agency and the Department | ||
of State Police, or a laboratory approved and designated by the | ||
Director of State Police, to ensure that all cases that were | ||
collected prior to the effective date of this Act and are, or | ||
were at the time of collection, the subject of a criminal | ||
investigation, are submitted to the Department of State Police, | ||
or a laboratory approved and designated by the Director of | ||
State Police. | ||
(b) By February 15, 2011, the Department of State Police | ||
shall submit to the Governor, the Attorney General, and both | ||
houses of the General Assembly a plan for analyzing cases | ||
submitted pursuant to this Section. The plan shall include but | ||
not be limited to a timeline for completion of analysis and a | ||
summary of the inventory received, as well as requests for | ||
funding and resources necessary to meet the established | ||
timeline. Should the Department determine it is necessary to |
outsource the forensic testing of the cases submitted in | ||
accordance with this Section, all such cases will be exempt | ||
from the provisions of subsection (n) of Section 5-4-3 of the | ||
Unified Code of Corrections.
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(c) Beginning June 1, 2016 or on and after the effective | ||
date of this amendatory Act of the 99th General Assembly, | ||
whichever is later, each law enforcement agency must conduct an | ||
annual inventory of all sexual assault cases in the custody of | ||
the law enforcement agency and provide written notice of its | ||
annual findings to the State's Attorney's Office having | ||
jurisdiction to ensure sexual assault cases are being submitted | ||
as provided by law. | ||
(Source: P.A. 96-1011, eff. 9-1-10.) | ||
(725 ILCS 202/42 new) | ||
Sec. 42. Reporting. Beginning January 1, 2017 and each year | ||
thereafter, the Department shall publish a quarterly report on | ||
its website, indicating a breakdown of the number of sexual | ||
assault case submissions from every law enforcement agency.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. |