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Rep. Litesa E. Wallace
Filed: 3/24/2017
| | 10000HB0270ham003 | | LRB100 04388 SLF 24301 a |
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| 1 | | AMENDMENT TO HOUSE BILL 270
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| 2 | | AMENDMENT NO. ______. Amend House Bill 270, AS AMENDED, by |
| 3 | | replacing everything after the enacting clause with the |
| 4 | | following:
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| 5 | | "Section 1. Short title. This Act may be cited as the Law |
| 6 | | Enforcement Criminal Sexual Assault Investigation Act.
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| 7 | | Section 5. Definitions. As used in this Act:
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| 8 | | "Law enforcement agency" means an agency of this State or |
| 9 | | unit of local government which is vested by law or ordinance |
| 10 | | with the duty to maintain public order and to enforce criminal |
| 11 | | laws or ordinances.
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| 12 | | "Law enforcement officer" or "officer" means any person |
| 13 | | employed by a State, county, or municipality as a policeman, |
| 14 | | peace officer, or in a like position involving the enforcement |
| 15 | | of the law and protection of public interest at the risk of the |
| 16 | | person's life. |
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| | 10000HB0270ham003 | - 2 - | LRB100 04388 SLF 24301 a |
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| 1 | | "Officer-involved criminal sexual assault" means an |
| 2 | | alleged violation of Section 11-1.20, 11-1.30, 11-1.40, |
| 3 | | 11-1.50, or 11-1.60 of the Criminal Code of 2012 while an |
| 4 | | officer is on duty.
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| 5 | | Section 10. Investigation of officer-involved criminal |
| 6 | | assault; requirements. |
| 7 | | (a) Each law enforcement agency shall have a written policy |
| 8 | | regarding the investigation of officer-involved criminal |
| 9 | | sexual assault that involves a law enforcement officer employed |
| 10 | | by that law enforcement agency. |
| 11 | | (b) Each officer-involved criminal sexual assault |
| 12 | | investigation shall be conducted by at least 2 investigators or |
| 13 | | an entity comprised of at least 2 investigators, one of whom |
| 14 | | shall be the lead investigator. The lead investigator shall be |
| 15 | | a person certified by the Illinois Law Enforcement Training |
| 16 | | Standards Board as a
sexual assault investigator, or similar |
| 17 | | training approved by the Illinois Law Enforcement Training |
| 18 | | Standards Board or the Department of State Police, or similar |
| 19 | | training provided at an Illinois Law Enforcement Training |
| 20 | | Standards Board certified school. No investigator involved in |
| 21 | | the investigation may be employed by the law enforcement agency |
| 22 | | that employs the officer
involved in the officer-involved |
| 23 | | criminal sexual assault, unless the investigator is employed by |
| 24 | | the Department of State Police or a municipality with a |
| 25 | | population of over 1,000,000 and is not assigned to the same |
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| 1 | | division or unit as the officer involved in the criminal sexual |
| 2 | | assault.
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| 3 | | Section 15. Intra-agency investigations. This Act does
not |
| 4 | | prohibit a law enforcement agency from conducting an
internal |
| 5 | | investigation into the officer-involved criminal sexual |
| 6 | | assault if the
internal investigation does not interfere with |
| 7 | | the
investigation conducted under the requirements of Section |
| 8 | | 10
of this Act.
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| 9 | | Section 20. Compensation for investigations. Compensation |
| 10 | | for participation in an investigation of an
officer-involved |
| 11 | | criminal sexual assault under Section 10 of this Act may be
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| 12 | | determined in an intergovernmental or interagency agreement.".
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