HB3646 100TH GENERAL ASSEMBLY

LRB100 10312 SLF 20501 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3646

Introduced , by Rep. Juliana Stratton

SYNOPSIS AS INTRODUCED:

725 ILCS 202/5
725 ILCS 202/15
725 ILCS 202/17 new
725 ILCS 202/20
725 ILCS 202/25
725 ILCS 202/42
725 ILCS 202/45

Amends the Sexual Assault Evidence Submission Act. Provides the Department of State Police shall establish, operate, and maintain a sexual assault evidence kit tracking system that uses electronic technology to allow continuous access to approved users within the system. Provides that law enforcement agencies, health care providers, crime laboratories, and prosecuting attorneys in this State shall participate in the system on a schedule and manner required by the Department. Provides that statewide participation in the sexual assault tracking system shall be fully implemented by January 1, 2019. Provides that beginning January 1, 2019 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 including: the number of kits in the system, and of those, the number on which analysis has been completed and the number on which analysis has not been completed; the number of kits entered into the system during the prior 6 months, and of those kits the number on which analysis has been completed; the average and median length of time for kits to be sent to analysis after being entered into the system and for analysis to be completed; and the number of kits that has been entered into the system for more than 1 year for which analysis has not yet been completed. Makes other changes.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Sexual Assault Evidence Submission Act is amended by changing Sections 5, 15, 20, 25, 42, and 45 and by adding Section 17 as follows:

(725 ILCS 202/5)

Sec. 5. Definitions. In this Act:

"Department" means the Department of State Police or Illinois State Police.

"Law enforcement agencies" means local, county, State or federal law enforcement agencies involved in the investigation of sexual assault cases in Illinois.

"Sexual assault evidence," "sexual assault evidence kit," or "kit," means evidence collected in connection with a sexual assault investigation, including, but not limited to, evidence collected using the State Police Evidence Collection Kits or healthcare provider.

"Sexual assault evidence kit tracking system" or "system" means the sexual assault evidence kit tracking system implemented by the Department of State Police under Section 17 of this Act.

(Source: P.A. 96-1011, eff. 9-1-10.)

(725 ILCS 202/15)

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.

(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. This notification shall become a part of the information required to be reported under the system established in Section 17 of this Act.

(Source: P.A. 99-617, eff. 7-22-16.)

(725 ILCS 202/17 new)

Sec. 17. Sexual assault evidence kit tracking system.

(a) The Department shall establish, operate, and maintain a sexual assault evidence kit tracking system that uses electronic technology to allow continuous access to approved users within the system.

(b) The Department shall establish, operate, and maintain the system through the use of Department resources and personnel, and if necessary to accomplish the duties under this Section, contract with public or private entities including, but not limited to software and technology providers.

(c) The system shall track the location and status of kits throughout the criminal justice process including the collection of a completed kit, receipt of the kit by a law enforcement agency, and the receipt, analysis, and disposition of the forensic evidence at a crime laboratory as provided under this Act. This system is not intended to take the place of written reports required under Section 20 of this Act.

(d) The system shall allow the updating and tracking of kits as follows:

(1) A health care provider, law enforcement agency, prosecutor, and any other appropriate personnel shall have access to the system for the purpose of tracking the status and location of kits; and

(2) Allow victims of sexual assault to anonymously and securely track and receive updates regarding the status of their kit.

(e) Law enforcement agencies, health care providers, crime laboratories, and prosecuting attorneys in this State shall participate in the system on a schedule and manner required by the Department. Statewide participation shall be fully implemented by January 1, 2019.

(725 ILCS 202/20)

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.

(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. The reporting provided by the system described in Section 17 of this Act may take the place of an annual inventory if the law enforcement agency is fully participating in the system.

(Source: P.A. 99-617, eff. 7-22-16.)

(725 ILCS 202/25)

Sec. 25. Failure of a law enforcement agency to submit the sexual assault evidence or participate in the system. The failure of a law enforcement agency to submit the sexual assault evidence collected on or after the effective date of this Act within 10 business days after receipt or participate in the system as required by the Department shall in no way alter the authority of the law enforcement agency to submit the evidence or the authority of the Department of State Police forensic laboratory or designated laboratory to accept and analyze the evidence or specimen or to maintain or upload the results of genetic marker grouping analysis information into a local, State, or national database in accordance with established protocol.

(Source: P.A. 96-1011, eff. 9-1-10.)

(725 ILCS 202/42)

Sec. 42. Reporting. Beginning January 1, 2019 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 including: .

(1) the number of kits in the system, and of those, the number on which analysis has been completed and the number on which analysis has not been completed;

(2) the number of kits entered into the system during the prior 6 months, and of those kits the number on which analysis has been completed;

(3) the average and median length of time for kits to be sent for analysis after being entered into the system and for analysis to be completed; and

(4) the number of kits that has been entered into the system for more than 1 year for which analysis has not yet been completed.

(Source: P.A. 99-617, eff. 7-22-16.)

(725 ILCS 202/45)

Sec. 45. Rules. The Department of State Police shall promulgate rules that prescribe the procedures for the operation of this Act, including expunging a DNA record and governing participation in the system under Section 17 of this Act. The system rules shall include: confidentiality of information, timely posting to the system, a process for approving system users and access for approved users, and procedures for posting updated information about the system. The Department shall promulgate rules to expand the system to include information regarding other forensic exams and evidence not included in sexual assault evidence kits.

(Source: P.A. 96-1011, eff. 9-1-10.)