HB3119 101ST GENERAL ASSEMBLY

LRB101 07048 RJF 52084 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3119

Introduced , by Rep. Lamont J. Robinson, Jr.

SYNOPSIS AS INTRODUCED:

5 ILCS 815/10

Amends the Law Enforcement Criminal Sexual Assault Investigation Act. Provides that no investigator involved in an officer-involved criminal sexual assault investigation may be employed by the law enforcement agency that employs the officer involved in the officer-involved criminal sexual assault, regardless of whether the investigator is employed by the Department of State Police or a municipality with a 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 a municipality with a population over 1,000,000, the municipality shall promptly notify the Department of State Police, and the Department of State Police shall investigate. 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, and that State's Attorney shall investigate. Provides that upon completion of the investigation of an alleged officer-involved criminal sexual assault, the investigating officer shall, regardless of whether or not consensual sexual relations has been raised as a defense to the allegation or complaint, submit the report on the investigation to the State's Attorney of the county where the alleged sexual assault took place. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning government.

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

Section 5. The Law Enforcement Criminal Sexual Assault Investigation Act is amended by changing Section 10 as follows:

(5 ILCS 815/10)

Sec. 10. Investigation of officer-involved criminal assault; requirements.

(a) Each law enforcement agency shall have a written policy regarding the investigation of officer-involved criminal sexual assault that involves a law enforcement officer employed by that law enforcement agency.

(b) Each officer-involved criminal sexual assault investigation shall be conducted by at least 2 investigators or an entity comprised of at least 2 investigators, one of whom shall be the lead investigator. The investigators shall have completed a specialized sexual assault and sexual abuse investigation training program approved by the Illinois Law Enforcement Training Standards Board or similar training approved by the Department of State Police. No investigator involved in the investigation may be employed by the law enforcement agency that employs the officer involved in the officer-involved criminal sexual assault, unless the investigator is employed by the Department of State Police or a municipality with a population over 1,000,000 and is not assigned to the same division or unit as the officer involved in the criminal sexual assault.

(c) 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. The Department of State Police shall investigate incidents of an officer-involved criminal sexual assault by a law enforcement officer employed with a municipality with a population over 1,000,000 an independent agency, created by ordinance of the municipality, tasked with investigating incidents of police misconduct.

(d) 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. 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.

(e) Upon completion of the investigation of an alleged officer-involved criminal sexual assault, the investigating officer shall, regardless of whether or not consensual sexual relations has been raised as a defense to the allegation or complaint, submit the report on the investigation to the State's Attorney of the county where the alleged sexual assault took place.

(Source: P.A. 100-515, eff. 1-1-18.)

Section 99. Effective date. This Act takes effect upon becoming law.