HB0390ham001 101ST GENERAL ASSEMBLY

Rep. Diane Pappas

Filed: 5/18/2020

10100HB0390ham001 LRB101 03104 KTG 70640 a

AMENDMENT TO HOUSE BILL 390

AMENDMENT NO. ______. Amend House Bill 390 by replacing everything after the enacting clause with the following:

"Section 5. The Department of Human Services Act is amended by adding Section 10-33.1 as follows:

(20 ILCS 1305/10-33.1 new)

Sec. 10-33.1. Sexual assault legal assistance pilot program.

(a) Findings and intent. The General Assembly finds that navigating the criminal and civil legal systems related to sexual assault is complicated and traumatic for victims of sexual assault. It is therefore necessary to assist sexual assault victims in adequately participating in the prosecution of their offender, asserting their crime victims' rights, petitioning for protective orders, and ensuring civil law protections related to employment, education, housing, and other rights. The General Assembly finds that the provision of legal assistance to victims in sexual assault cases is necessary to increase the success rate of prosecutions for sex crimes in Illinois and to help survivors as they seek justice and healing.

The General Assembly intends to create a pilot program to establish 4 sexual assault legal assistance pilot projects in the State. For each pilot project, specially trained attorneys will provide legal assistance to sexual assault victims during the course of the investigation into their assault, throughout the prosecution of their offenders, and in other actions to assert and enforce rights related to their status as a victim of sexual violence, such as protective orders, asserting rights under the Victims' Economic Security and Safety Act and the Safe Homes Act, and representing them in hearings under the Preventing Sexual Violence in Higher Education Act and Title IX of the Education Amendments of 1972.

(b) Legal assistance pilot program. Subject to appropriation, the Department shall establish a legal assistance pilot program to operate 4 pilot projects in Illinois. The pilot projects shall be established by the Illinois Coalition Against Sexual Assault in conjunction with sexual assault crisis centers in 4 service areas that are geographically distributed throughout the State. The Department and the Illinois Coalition Against Sexual Assault shall establish an application process. Sexual assault crisis centers located throughout the State may apply to the Illinois Coalition Against Sexual Assault to participate in the pilot program.

(c) Pilot projects. Each of the 4 pilot projects established under this Section shall operate for a minimum of 3 years.

(d) Report. No later than 2 years after the establishment of pilot projects under this Section, the Department must report to the General Assembly on the efficacy of the pilot program.

(g) Rules. The Department shall adopt rules to implement this Section.".