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Public Act 100-0515
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| HB0270 Enrolled | LRB100 04388 SLF 14394 b |
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AN ACT concerning local government.
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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 1. Short title. This Act may be cited as the Law |
Enforcement Criminal Sexual Assault Investigation Act.
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Section 5. Definitions. As used in this Act:
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"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.
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"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.
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Section 10. Investigation of officer-involved criminal |
assault; requirements. |
(a) Each law enforcement agency shall have a written policy |
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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 investigators shall have |
completed a specialized sexual assault and sexual abuse |
investigation training program approved by the Illinois Law |
Enforcement Training Standards Board or similar training |
approved by the Department of State Police. 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 over 1,000,000 and is not |
assigned to the same division or unit as the officer involved |
in the criminal sexual assault. |
(c) Upon receipt of an allegation or complaint of an |
officer-involved criminal sexual assault, a municipality with |
a population over 1,000,000 shall promptly notify an |
independent agency, created by ordinance of the municipality, |
tasked with investigating incidents of police misconduct.
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Section 15. Intra-agency investigations. This Act does
not |
prohibit a law enforcement agency from conducting an
internal |
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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.
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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
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determined in an intergovernmental or interagency agreement.
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Section 99. Effective date. This Act takes effect January |
1, 2018. |