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| | HB0270 Enrolled | | LRB100 04388 SLF 14394 b |
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| 1 | | AN ACT concerning local government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 1. Short title. This Act may be cited as the Law |
| 5 | | Enforcement Criminal Sexual Assault Investigation Act.
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| 6 | | Section 5. Definitions. As used in this Act:
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| 7 | | "Law enforcement agency" means an agency of this State or |
| 8 | | unit of local government which is vested by law or ordinance |
| 9 | | with the duty to maintain public order and to enforce criminal |
| 10 | | laws or ordinances.
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| 11 | | "Law enforcement officer" or "officer" means any person |
| 12 | | employed by a State, county, or municipality as a policeman, |
| 13 | | peace officer, or in a like position involving the enforcement |
| 14 | | of the law and protection of public interest at the risk of the |
| 15 | | person's life. |
| 16 | | "Officer-involved criminal sexual assault" means an |
| 17 | | alleged violation of Section 11-1.20, 11-1.30, 11-1.40, |
| 18 | | 11-1.50, or 11-1.60 of the Criminal Code of 2012 while an |
| 19 | | officer is on duty.
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| 20 | | Section 10. Investigation of officer-involved criminal |
| 21 | | assault; requirements. |
| 22 | | (a) Each law enforcement agency shall have a written policy |
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| | HB0270 Enrolled | - 2 - | LRB100 04388 SLF 14394 b |
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| 1 | | regarding the investigation of officer-involved criminal |
| 2 | | sexual assault that involves a law enforcement officer employed |
| 3 | | by that law enforcement agency. |
| 4 | | (b) Each officer-involved criminal sexual assault |
| 5 | | investigation shall be conducted by at least 2 investigators or |
| 6 | | an entity comprised of at least 2 investigators, one of whom |
| 7 | | shall be the lead investigator. The investigators shall have |
| 8 | | completed a specialized sexual assault and sexual abuse |
| 9 | | investigation training program approved by the Illinois Law |
| 10 | | Enforcement Training Standards Board or similar training |
| 11 | | approved by the Department of State Police. No investigator |
| 12 | | involved in the investigation may be employed by the law |
| 13 | | enforcement agency that employs the officer
involved in the |
| 14 | | officer-involved criminal sexual assault, unless the |
| 15 | | investigator is employed by the Department of State Police or a |
| 16 | | municipality with a population over 1,000,000 and is not |
| 17 | | assigned to the same division or unit as the officer involved |
| 18 | | in the criminal sexual assault. |
| 19 | | (c) Upon receipt of an allegation or complaint of an |
| 20 | | officer-involved criminal sexual assault, a municipality with |
| 21 | | a population over 1,000,000 shall promptly notify an |
| 22 | | independent agency, created by ordinance of the municipality, |
| 23 | | tasked with investigating incidents of police misconduct.
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| 24 | | Section 15. Intra-agency investigations. This Act does
not |
| 25 | | prohibit a law enforcement agency from conducting an
internal |
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| | HB0270 Enrolled | - 3 - | LRB100 04388 SLF 14394 b |
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| 1 | | investigation into the officer-involved criminal sexual |
| 2 | | assault if the
internal investigation does not interfere with |
| 3 | | the
investigation conducted under the requirements of Section |
| 4 | | 10
of this Act.
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| 5 | | Section 20. Compensation for investigations. Compensation |
| 6 | | for participation in an investigation of an
officer-involved |
| 7 | | criminal sexual assault under Section 10 of this Act may be
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| 8 | | determined in an intergovernmental or interagency agreement.
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| 9 | | Section 99. Effective date. This Act takes effect January |
| 10 | | 1, 2018. |