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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4962 Introduced , by Rep. Litesa E. Wallace SYNOPSIS AS INTRODUCED:
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Amends the Law Enforcement Criminal Sexual Assault Investigation Act. Provides that upon receipt of an allegation or complaint of an officer-involved criminal sexual assault against a law enforcement officer employed by a municipality with a population over 1,000,000, the municipality shall promptly notify the Department of State Police (rather than promptly notify an independent agency, created by ordinance of the municipality, tasked with investigating incidents of police misconduct). Provides that the Department of State Police shall investigate incidents of officer-involved criminal sexual assault by a law enforcement officer employed with a municipality with a population over 1,000,000. Provides that upon receipt of an allegation or complaint of an officer-involved criminal sexual assault against a law enforcement officer employed by the Department of State Police, the Department of State Police shall promptly notify the State's Attorney of the county in which the alleged offense occurred. Provides that the State's Attorney in the county in which the alleged officer-involved criminal sexual assault occurred shall investigate incidents of officer-involved criminal sexual assault by a law enforcement officer employed with the Department of State Police (rather than investigated by an officer who is not assigned to the same division or unit as the accused officer). Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB4962 | | LRB100 19189 SLF 34454 b |
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| 1 | | AN ACT concerning 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 5. The Law Enforcement Criminal Sexual Assault |
| 5 | | Investigation Act is amended by changing Section 10 as follows:
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| 6 | | (5 ILCS 815/10)
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| 7 | | Sec. 10. Investigation of officer-involved criminal |
| 8 | | assault; requirements. |
| 9 | | (a) Each law enforcement agency shall have a written policy |
| 10 | | regarding the investigation of officer-involved criminal |
| 11 | | sexual assault that involves a law enforcement officer employed |
| 12 | | by that law enforcement agency. |
| 13 | | (b) Each officer-involved criminal sexual assault |
| 14 | | investigation shall be conducted by at least 2 investigators or |
| 15 | | an entity comprised of at least 2 investigators, one of whom |
| 16 | | shall be the lead investigator. The investigators shall have |
| 17 | | completed a specialized sexual assault and sexual abuse |
| 18 | | investigation training program approved by the Illinois Law |
| 19 | | Enforcement Training Standards Board or similar training |
| 20 | | approved by the Department of State Police. No investigator |
| 21 | | involved in the investigation may be employed by the law |
| 22 | | enforcement agency that employs the officer
involved in the |
| 23 | | officer-involved criminal sexual assault, unless the |
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| | HB4962 | - 2 - | LRB100 19189 SLF 34454 b |
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| 1 | | investigator is employed by the Department of State Police or a |
| 2 | | municipality with a population over 1,000,000 and is not |
| 3 | | assigned to the same division or unit as the officer involved |
| 4 | | in the criminal sexual assault. |
| 5 | | (c) Upon receipt of an allegation or complaint of an |
| 6 | | officer-involved criminal sexual assault against a law |
| 7 | | enforcement officer employed by , a municipality with a |
| 8 | | population over 1,000,000, the municipality shall promptly |
| 9 | | notify the Department of State Police. The Department of State |
| 10 | | Police shall investigate incidents of an officer-involved |
| 11 | | criminal sexual assault by a law enforcement officer employed |
| 12 | | with a municipality with a population over 1,000,000 an |
| 13 | | independent agency, created by ordinance of the municipality, |
| 14 | | tasked with investigating incidents of police misconduct.
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| 15 | | (d) Upon receipt of an allegation or complaint of an |
| 16 | | officer-involved criminal sexual assault against a law |
| 17 | | enforcement officer employed by the Department of State Police, |
| 18 | | the Department of State Police shall promptly notify the |
| 19 | | State's Attorney of the county in which the alleged offense |
| 20 | | occurred. The State's Attorney in the county in which the |
| 21 | | alleged officer-involved criminal sexual assault occurred |
| 22 | | shall investigate incidents of officer-involved criminal |
| 23 | | sexual assault by a law enforcement officer employed with the |
| 24 | | Department of State Police. |
| 25 | | (Source: P.A. 100-515, eff. 1-1-18.)
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| 26 | | Section 99. Effective date. This Act takes effect upon |