|
| | SB3096 Enrolled | | LRB099 17887 SLF 42249 b |
|
|
1 | | AN ACT concerning criminal law.
|
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
|
4 | | Section 1. Short title. This Act may be cited as the Sexual |
5 | | Assault Incident Procedure Act. |
6 | | Section 5. Legislative findings. The General Assembly |
7 | | finds: |
8 | | (1) Sexual assault and sexual abuse are personal and |
9 | | violent crimes that disproportionately impact women, children, |
10 | | lesbian, gay, bisexual, and transgender individuals in |
11 | | Illinois, yet only a small percentage of these crimes are |
12 | | reported, less than one in five, and even fewer result in a |
13 | | conviction. |
14 | | (2) The trauma of sexual assault and sexual abuse often |
15 | | leads to severe mental, physical, and economic consequences for |
16 | | the victim. |
17 | | (3) The diminished ability of victims to recover from their |
18 | | sexual assault or sexual abuse has been directly linked to the |
19 | | response of others to their trauma. |
20 | | (4) The response of law enforcement can directly impact a |
21 | | victim's ability to heal as well as his or her willingness to |
22 | | actively participate in the investigation by law enforcement. |
23 | | (5) Research has shown that a traumatic event impacts |
|
| | SB3096 Enrolled | - 2 - | LRB099 17887 SLF 42249 b |
|
|
1 | | memory consolidation and encoding. Allowing a victim to |
2 | | complete at least 2 full sleep cycles before an in-depth |
3 | | interview can improve the victim's ability to provide a history |
4 | | of the sexual assault or sexual abuse. |
5 | | (6) Victim participation is critical to the successful |
6 | | identification and prosecution of sexual predators. To |
7 | | facilitate victim participation, law enforcement should inform |
8 | | victims of the testing of physical evidence and the results of |
9 | | such testing. |
10 | | (7) Identification and successful prosecution of sexual |
11 | | predators prevents new victimization. For this reason, |
12 | | improving the response of the criminal justice system to |
13 | | victims of sexual assault and sexual abuse is critical to |
14 | | protecting public safety. |
15 | | Section 10. Definitions. In this Act: |
16 | | "Board" means the Illinois Law Enforcement Training |
17 | | Standards Board. |
18 | | "Evidence-based, trauma-informed, victim-centered" means |
19 | | policies, procedures, programs, and practices that have been |
20 | | demonstrated to minimize retraumatization associated with the |
21 | | criminal justice process by recognizing the presence of trauma |
22 | | symptoms and acknowledging the role that trauma has played in a |
23 | | sexual assault or sexual abuse victim's life and focusing on |
24 | | the needs and concerns of a victim that ensures compassionate |
25 | | and sensitive delivery of services in a nonjudgmental manner. |
|
| | SB3096 Enrolled | - 3 - | LRB099 17887 SLF 42249 b |
|
|
1 | | "Law enforcement agency having jurisdiction" means the law |
2 | | enforcement agency in the jurisdiction where an alleged sexual |
3 | | assault or sexual abuse occurred. |
4 | | "Sexual assault evidence" means evidence collected in |
5 | | connection with a sexual assault or sexual abuse investigation, |
6 | | including, but not limited to, evidence collected using the |
7 | | Illinois State Police Sexual Assault Evidence Collection Kit as |
8 | | defined in Section 1a of the Sexual Assault Survivors Emergency |
9 | | Treatment Act. |
10 | | "Sexual assault or sexual abuse" means an act of |
11 | | nonconsensual sexual conduct or sexual penetration, as defined |
12 | | in Section 12-12 of the Criminal Code of 1961 or Section 11-0.1 |
13 | | of the Criminal Code of 2012, including, without limitation, |
14 | | acts prohibited under Sections 12-13 through 12-16 of the |
15 | | Criminal Code of 1961 or Sections 11-1.20 through 11-1.60 of |
16 | | the Criminal Code of 2012. |
17 | | Section 15. Sexual assault incident policies. |
18 | | (a) On or before January 1, 2018, every law enforcement |
19 | | agency shall develop, adopt, and implement written policies |
20 | | regarding procedures for incidents of sexual assault or sexual |
21 | | abuse consistent with the guidelines developed under |
22 | | subsection (b) of this Section. In developing these policies, |
23 | | each law enforcement agency is encouraged to consult with other |
24 | | law enforcement agencies, sexual assault advocates, and sexual |
25 | | assault nurse examiners with expertise in recognizing and |
|
| | SB3096 Enrolled | - 4 - | LRB099 17887 SLF 42249 b |
|
|
1 | | handling sexual assault and sexual abuse incidents. These |
2 | | policies must include mandatory sexual assault and sexual abuse |
3 | | response training as required in Section 10.19 of the Illinois |
4 | | Police Training Act and Sections 2605-53 and 2605-98 of the |
5 | | Department of State Police Law of the Civil Administrative Code |
6 | | of Illinois. |
7 | | (b) On or before July 1, 2017, the Office of the Attorney |
8 | | General, in consultation with the Illinois Law Enforcement |
9 | | Training Standards Board and the Department of State Police, |
10 | | shall develop and make available to each law enforcement |
11 | | agency, comprehensive guidelines for creation of a law |
12 | | enforcement agency policy on evidence-based, trauma-informed, |
13 | | victim-centered sexual assault and sexual abuse response and |
14 | | investigation. |
15 | | These guidelines shall include, but not be limited to the |
16 | | following: |
17 | | (1) dispatcher or call taker response; |
18 | | (2) responding officer duties; |
19 | | (3) duties of officers investigating sexual assaults |
20 | | and sexual abuse; |
21 | | (4) supervisor duties; |
22 | | (5) report writing; |
23 | | (6) reporting methods; |
24 | | (7) victim interviews; |
25 | | (8) evidence collection; |
26 | | (9) sexual assault medical forensic examinations; |
|
| | SB3096 Enrolled | - 5 - | LRB099 17887 SLF 42249 b |
|
|
1 | | (10) suspect interviews; |
2 | | (11) suspect forensic exams; |
3 | | (12) witness interviews; |
4 | | (13) sexual assault response and resource teams, if |
5 | | applicable; |
6 | | (14) working with victim advocates; |
7 | | (15) working with prosecutors; |
8 | | (16) victims' rights; |
9 | | (17) victim notification; and |
10 | | (18) consideration for specific populations or |
11 | | communities. |
12 | | Section 20. Reports by law enforcement officers. |
13 | | (a) A law enforcement officer shall complete a written |
14 | | police report upon receiving the following, regardless of where |
15 | | the incident occurred: |
16 | | (1) an allegation by a person that the person has been |
17 | | sexually assaulted or sexually abused regardless of |
18 | | jurisdiction; |
19 | | (2) information from hospital or medical personnel |
20 | | provided under Section 3.2 of the Criminal Identification |
21 | | Act; or |
22 | | (3) information from a witness who personally observed |
23 | | what appeared to be a sexual assault or sexual abuse or |
24 | | attempted sexual assault or sexual abuse. |
25 | | (b) The written report shall include the following, if |
|
| | SB3096 Enrolled | - 6 - | LRB099 17887 SLF 42249 b |
|
|
1 | | known: |
2 | | (1) the victim's name or other identifier; |
3 | | (2) the victim's contact information; |
4 | | (3) time, date, and location of offense; |
5 | | (4) information provided by the victim; |
6 | | (5) the suspect's description and name, if known; |
7 | | (6) names of persons with information relevant to the |
8 | | time before, during, or after the sexual assault or sexual |
9 | | abuse, and their contact information; |
10 | | (7) names of medical professionals who provided a |
11 | | medical forensic examination of the victim and any |
12 | | information they provided about the sexual assault or |
13 | | sexual abuse; |
14 | | (8) whether an Illinois State Police Sexual Assault |
15 | | Evidence Collection Kit was completed, the name and contact |
16 | | information for the hospital, and whether the victim |
17 | | consented to testing of the Evidence Collection Kit by law |
18 | | enforcement; |
19 | | (9) whether a urine or blood sample was collected and |
20 | | whether the victim consented to testing of a toxicology |
21 | | screen by law enforcement; |
22 | | (10) information the victim related to medical |
23 | | professionals during a medical forensic examination which |
24 | | the victim consented to disclosure to law enforcement; and |
25 | | (11) other relevant information. |
26 | | (c) If the sexual assault or sexual abuse occurred in |
|
| | SB3096 Enrolled | - 7 - | LRB099 17887 SLF 42249 b |
|
|
1 | | another jurisdiction, the law enforcement officer taking the |
2 | | report must submit the report to the law enforcement agency |
3 | | having jurisdiction in person or via fax or email within 24 |
4 | | hours of receiving information about the sexual assault or |
5 | | sexual abuse. |
6 | | (d) Within 24 hours of receiving a report from a law |
7 | | enforcement agency in another jurisdiction in accordance with |
8 | | subsection (c), the law enforcement agency having jurisdiction |
9 | | shall submit a written confirmation to the law enforcement |
10 | | agency that wrote the report. The written confirmation shall |
11 | | contain the name and identifier of the person and confirming |
12 | | receipt of the report and a name and contact phone number that |
13 | | will be given to the victim. The written confirmation shall be |
14 | | delivered in person or via fax or email. |
15 | | (e) No law enforcement officer shall require a victim of |
16 | | sexual assault or sexual abuse to submit to an interview. |
17 | | (f) No law enforcement agency may refuse to complete a |
18 | | written report as required by this Section on any ground. |
19 | | (g) All law enforcement agencies shall ensure that all |
20 | | officers responding to or investigating a complaint of sexual |
21 | | assault or sexual abuse have successfully completed training |
22 | | under Section 10.19 of the Illinois Police Training Act and |
23 | | Section 2605-98 of the Department of State Police Law of the |
24 | | Civil Administrative Code of Illinois. |
25 | | Section 22. Third-party reports. A victim of sexual assault |
|
| | SB3096 Enrolled | - 8 - | LRB099 17887 SLF 42249 b |
|
|
1 | | or sexual abuse may give a person consent to provide |
2 | | information about the sexual assault or sexual abuse to a law |
3 | | enforcement officer, and the officer shall complete a written |
4 | | report unless: |
5 | | (1) the person contacting law enforcement fails to |
6 | | provide the person's name and contact information; or |
7 | | (2) the person contacting law enforcement fails to |
8 | | affirm that the person has the consent of the victim of the |
9 | | sexual assault or sexual abuse. |
10 | | Section 25. Report; victim notice. |
11 | | (a) At the time of first contact with the victim, law |
12 | | enforcement shall: |
13 | | (1) Advise the victim about the following by providing |
14 | | a form, the contents of which shall be prepared by the |
15 | | Office of the Attorney General and posted on its website, |
16 | | written in a language appropriate for the victim or in |
17 | | Braille, or communicating in appropriate sign language |
18 | | that includes, but is not limited to: |
19 | | (A) information about seeking medical attention |
20 | | and preserving evidence, including specifically, |
21 | | collection of evidence during a medical forensic |
22 | | examination at a hospital and photographs of injury and |
23 | | clothing; |
24 | | (B) notice that the victim will not be charged for |
25 | | hospital emergency and medical forensic services; |
|
| | SB3096 Enrolled | - 9 - | LRB099 17887 SLF 42249 b |
|
|
1 | | (C) information advising the victim that evidence |
2 | | can be collected at the hospital up to 7 days after the |
3 | | sexual assault or sexual abuse but that the longer the |
4 | | victim waits the likelihood of obtaining evidence |
5 | | decreases; |
6 | | (D) the location of nearby hospitals that provide |
7 | | emergency medical and forensic services and, if known, |
8 | | whether the hospitals employ any sexual assault nurse |
9 | | examiners; |
10 | | (E) a summary of the procedures and relief |
11 | | available to victims of sexual assault or sexual abuse |
12 | | under the Civil No Contact Order Act or the Illinois |
13 | | Domestic Violence Act of 1986; |
14 | | (F) the law enforcement officer's name and badge |
15 | | number; |
16 | | (G) at least one referral to an accessible service |
17 | | agency and information advising the victim that rape |
18 | | crisis centers can assist with obtaining civil no |
19 | | contact orders and orders of protection; and |
20 | | (H) if the sexual assault or sexual abuse occurred |
21 | | in another jurisdiction, provide in writing the |
22 | | address and phone number of a specific contact at the |
23 | | law enforcement agency having jurisdiction. |
24 | | (2) Offer to provide or arrange accessible |
25 | | transportation for the victim to a hospital for emergency |
26 | | and forensic services, including contacting emergency |
|
| | SB3096 Enrolled | - 10 - | LRB099 17887 SLF 42249 b |
|
|
1 | | medical services. |
2 | | (3) Offer to provide or arrange accessible |
3 | | transportation for the victim to the nearest available |
4 | | circuit judge or associate judge so the victim may file a |
5 | | petition for an emergency civil no contact order under the |
6 | | Civil No Contact Order Act or an order of protection under |
7 | | the Illinois Domestic Violence Act of 1986 after the close |
8 | | of court business hours, if a judge is available. |
9 | | (b) At the time of the initial contact with a person making |
10 | | a third-party report under Section 22 of this Act, a law |
11 | | enforcement officer shall provide the written information |
12 | | prescribed under paragraph (1) of subsection (a) of this |
13 | | Section to the person making the report and request the person |
14 | | provide the written information to the victim of the sexual |
15 | | assault or sexual abuse. |
16 | | (c) If the first contact with the victim occurs at a |
17 | | hospital, a law enforcement officer may request the hospital |
18 | | provide interpretive services. |
19 | | Section 30. Release and storage of sexual assault evidence. |
20 | | (a) A law enforcement agency having jurisdiction that is |
21 | | notified by a hospital or another law enforcement agency that a |
22 | | victim of a sexual assault or sexual abuse has received a |
23 | | medical forensic examination and has completed an Illinois |
24 | | State Police Sexual Assault Evidence Collection Kit shall take |
25 | | custody of the sexual assault evidence as soon as practicable, |
|
| | SB3096 Enrolled | - 11 - | LRB099 17887 SLF 42249 b |
|
|
1 | | but in no event more than 5 days after the completion of the |
2 | | medical forensic examination. |
3 | | (a-5) A State's Attorney who is notified under subsection |
4 | | (d) of Section 6.6 of the Sexual Assault Survivors Emergency |
5 | | Treatment Act that a hospital is in possession of sexual |
6 | | assault evidence shall, within 72 hours, contact the |
7 | | appropriate law enforcement agency to request that the law |
8 | | enforcement agency take immediate physical custody of the |
9 | | sexual assault evidence. |
10 | | (b) The written report prepared under Section 20 of this |
11 | | Act shall include the date and time the sexual assault evidence |
12 | | was picked up from the hospital and the date and time the |
13 | | sexual assault evidence was sent to the laboratory in |
14 | | accordance with the Sexual Assault Evidence Submission Act. |
15 | | (c) If the victim of a sexual assault or sexual abuse or a |
16 | | person authorized under Section 6.5 of the Sexual Assault |
17 | | Survivors Emergency Treatment Act has consented to allow law |
18 | | enforcement to test the sexual assault evidence, the law |
19 | | enforcement agency having jurisdiction shall submit the sexual |
20 | | assault evidence for testing in accordance with the Sexual |
21 | | Assault Evidence Submission Act. No law enforcement agency |
22 | | having jurisdiction may refuse or fail to send sexual assault |
23 | | evidence for testing that the victim has released for testing. |
24 | | (d) A victim shall have 5 years from the completion of an |
25 | | Illinois State Police Sexual Assault Evidence Collection Kit, |
26 | | or 5 years from the age of 18 years, whichever is longer, to |
|
| | SB3096 Enrolled | - 12 - | LRB099 17887 SLF 42249 b |
|
|
1 | | sign a written consent to release the sexual assault evidence |
2 | | to law enforcement for testing. If the victim or a person |
3 | | authorized under Section 6.5 of the Sexual Assault Survivors |
4 | | Emergency Treatment Act does not sign the written consent at |
5 | | the completion of the medical forensic examination, the victim |
6 | | or person authorized by Section 6.5 of the Sexual Assault |
7 | | Survivors Emergency Treatment Act may sign the written release |
8 | | at the law enforcement agency having jurisdiction, or in the |
9 | | presence of a sexual assault advocate who may deliver the |
10 | | written release to the law enforcement agency having |
11 | | jurisdiction. The victim may also provide verbal consent to the |
12 | | law enforcement agency having jurisdiction and shall verify the |
13 | | verbal consent via email or fax. Upon receipt of written or |
14 | | verbal consent, the law enforcement agency having jurisdiction |
15 | | shall submit the sexual assault evidence for testing in |
16 | | accordance with the Sexual Assault Evidence Submission Act. No |
17 | | law enforcement agency having jurisdiction may refuse or fail |
18 | | to send the sexual assault evidence for testing that the victim |
19 | | has released for testing. |
20 | | (e) The law enforcement agency having jurisdiction who |
21 | | speaks to a victim who does not sign a written consent to |
22 | | release the sexual assault evidence prior to discharge from the |
23 | | hospital shall provide a written notice to the victim that |
24 | | contains the following information: |
25 | | (1) where the sexual assault evidence will be stored |
26 | | for 5 years; |
|
| | SB3096 Enrolled | - 13 - | LRB099 17887 SLF 42249 b |
|
|
1 | | (2) notice that the victim may sign a written release |
2 | | to test the sexual assault evidence at any time during the |
3 | | 5-year period by contacting the law enforcement agency |
4 | | having jurisdiction or working with a sexual assault |
5 | | advocate; |
6 | | (3) the name, phone number, and email address of the |
7 | | law enforcement agency having jurisdiction; and |
8 | | (4) the name and phone number of a local rape crisis |
9 | | center. |
10 | | Each law enforcement agency shall develop a protocol for |
11 | | providing this information to victims as part of the written |
12 | | policies required in subsection (a) of Section 15 of this Act. |
13 | | (f) A law enforcement agency must develop a protocol for |
14 | | responding to victims who want to sign a written consent to |
15 | | release the sexual assault evidence and to ensure that victims |
16 | | who want to be notified or have a designee notified prior to |
17 | | the end of the 5-year period are provided notice. |
18 | | (g) Nothing in this Section shall be construed as limiting |
19 | | the storage period to 5 years. A law enforcement agency having |
20 | | jurisdiction may adopt a storage policy that provides for a |
21 | | period of time exceeding 5 years. If a longer period of time is |
22 | | adopted, the law enforcement agency having jurisdiction shall |
23 | | notify the victim or designee in writing of the longer storage |
24 | | period.
|
25 | | Section 35. Release of information. |
|
| | SB3096 Enrolled | - 14 - | LRB099 17887 SLF 42249 b |
|
|
1 | | (a) Upon the request of the victim who has consented to the |
2 | | release of sexual assault evidence for testing, the law |
3 | | enforcement agency having jurisdiction shall provide the |
4 | | following information in writing: |
5 | | (1) the date the sexual assault evidence was sent to a |
6 | | Department of State Police forensic laboratory or |
7 | | designated laboratory; |
8 | | (2) test results provided to the law enforcement agency |
9 | | by a Department of State Police forensic laboratory or |
10 | | designated laboratory, including, but not limited to: |
11 | | (A) whether a DNA profile was obtained from the |
12 | | testing of the sexual assault evidence from the |
13 | | victim's case; |
14 | | (B) whether the DNA profile developed from the |
15 | | sexual assault evidence has been searched against the |
16 | | DNA Index System or any state or federal DNA database; |
17 | | (C) whether an association was made to an |
18 | | individual whose DNA profile is consistent with the |
19 | | sexual assault evidence DNA profile,
provided that |
20 | | disclosure would not impede or compromise an ongoing |
21 | | investigation; and |
22 | | (D) whether any drugs were detected in a urine or |
23 | | blood sample analyzed for drug facilitated sexual |
24 | | assault and information about any drugs detected. |
25 | | (b) The information listed in paragraph (1) of subsection |
26 | | (a) of this Section shall be provided to the victim within 7 |
|
| | SB3096 Enrolled | - 15 - | LRB099 17887 SLF 42249 b |
|
|
1 | | days of the transfer of the evidence to the laboratory. The |
2 | | information listed in paragraph (2) of subsection (a) of this |
3 | | Section shall be provided to the victim within 7 days of the |
4 | | receipt of the information by the law enforcement agency having |
5 | | jurisdiction. |
6 | | (c) At the time the sexual assault evidence is released for |
7 | | testing, the victim shall be provided written information by |
8 | | the law enforcement agency having jurisdiction or the hospital |
9 | | providing emergency services and forensic services to the |
10 | | victim informing him or her of the right to request information |
11 | | under subsection (a) of this Section. A victim may designate |
12 | | another person or agency to receive this information. |
13 | | (d) The victim or the victim's designee shall keep the law |
14 | | enforcement agency having jurisdiction informed of the name, |
15 | | address, telephone number, and email address of the person to |
16 | | whom the information should be provided, and any changes of the |
17 | | name, address, telephone number, and email address, if an email |
18 | | address is available. |
19 | | Section 105. The Department of State Police Law of the
|
20 | | Civil Administrative Code of Illinois is amended by changing |
21 | | Sections 2605-40 and 2605-300 and by adding Sections 2605-53 |
22 | | and 2605-98 as follows:
|
23 | | (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
|
24 | | Sec. 2605-40. Division of Forensic Services. The Division |
|
| | SB3096 Enrolled | - 16 - | LRB099 17887 SLF 42249 b |
|
|
1 | | of
Forensic Services shall exercise the following functions:
|
2 | | (1) Exercise the rights, powers, and duties vested by
|
3 | | law in the Department by the Criminal Identification Act.
|
4 | | (2) Exercise the rights, powers, and duties vested by
|
5 | | law in the Department by Section 2605-300 of this Law.
|
6 | | (3) Provide assistance to local law enforcement |
7 | | agencies
through training, management, and consultant |
8 | | services.
|
9 | | (4) (Blank).
|
10 | | (5) Exercise other duties that may be assigned by the |
11 | | Director in
order to fulfill the responsibilities and |
12 | | achieve the purposes of the
Department.
|
13 | | (6) Establish and operate a forensic science |
14 | | laboratory system,
including a forensic toxicological |
15 | | laboratory service, for the purpose of
testing specimens |
16 | | submitted by coroners and other law enforcement officers
in |
17 | | their efforts to determine whether alcohol, drugs, or |
18 | | poisonous or other
toxic substances have been involved in |
19 | | deaths, accidents, or illness.
Forensic toxicological |
20 | | laboratories shall be established in Springfield,
Chicago, |
21 | | and elsewhere in the State as needed.
|
22 | | (6.5) Establish administrative rules in order to set |
23 | | forth standardized requirements for the disclosure of |
24 | | toxicology results and other relevant documents related to |
25 | | a toxicological analysis. These administrative rules are |
26 | | to be adopted to produce uniform and sufficient information |
|
| | SB3096 Enrolled | - 17 - | LRB099 17887 SLF 42249 b |
|
|
1 | | to allow a proper, well-informed determination of the |
2 | | admissibility of toxicology evidence and to ensure that |
3 | | this evidence is presented competently. These |
4 | | administrative rules are designed to provide a minimum |
5 | | standard for compliance of toxicology evidence and is not |
6 | | intended to limit the production and discovery of material |
7 | | information. These administrative rules shall be submitted |
8 | | by the Department of State Police into the rulemaking |
9 | | process under the Illinois Administrative Procedure Act on |
10 | | or before June 30, 2017.
|
11 | | (7) Subject to specific appropriations made for these |
12 | | purposes, establish
and coordinate a system for providing |
13 | | accurate and expedited
forensic science and other |
14 | | investigative and laboratory services to local law
|
15 | | enforcement agencies and local State's Attorneys in aid of |
16 | | the investigation
and trial of capital cases.
|
17 | | (Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00; 91-589, |
18 | | eff. 1-1-00;
91-760, eff. 1-1-01.)
|
19 | | (20 ILCS 2605/2605-53 new) |
20 | | Sec. 2605-53. 9-1-1 system; sexual assault and sexual |
21 | | abuse. |
22 | | (a) The Office of the Statewide 9-1-1 Administrator, in |
23 | | consultation with the Office of the Attorney General and the |
24 | | Illinois Law Enforcement Training Standards Board, shall: |
25 | | (1) develop comprehensive guidelines for |
|
| | SB3096 Enrolled | - 18 - | LRB099 17887 SLF 42249 b |
|
|
1 | | evidence-based, trauma-informed, victim-centered handling |
2 | | of sexual assault or sexual abuse calls by Public Safety |
3 | | Answering Point tele-communicators; and |
4 | | (2) adopt rules and minimum standards for an |
5 | | evidence-based, trauma-informed, victim-centered training |
6 | | curriculum for handling of sexual assault or sexual abuse |
7 | | calls for Public Safety Answering Point tele-communicators |
8 | | ("PSAP"). |
9 | | (b) Training requirements: |
10 | | (1) Newly hired PSAP tele-communicators must complete |
11 | | the sexual assault and sexual abuse training curriculum |
12 | | established in subsection (a) of this Section prior to |
13 | | handling emergency calls. |
14 | | (2) All existing PSAP tele-communicators shall |
15 | | complete the sexual assault and sexual abuse training |
16 | | curriculum established in subsection (a) of this Section |
17 | | within 2 years of the effective date of this amendatory Act |
18 | | of the 99th General Assembly. |
19 | | (20 ILCS 2605/2605-98 new) |
20 | | Sec. 2605-98. Training; sexual assault and sexual abuse. |
21 | | (a) The Department of State Police shall conduct or approve |
22 | | training programs in trauma-informed responses and |
23 | | investigations of sexual assault and sexual abuse, which |
24 | | include, but is not limited to, the following: |
25 | | (1) recognizing the symptoms of trauma; |
|
| | SB3096 Enrolled | - 19 - | LRB099 17887 SLF 42249 b |
|
|
1 | | (2) understanding the role trauma has played in a |
2 | | victim's life; |
3 | | (3) responding to the needs and concerns of a victim; |
4 | | (4) delivering services in a compassionate, sensitive, |
5 | | and nonjudgmental manner; |
6 | | (5) interviewing techniques in accordance with the |
7 | | curriculum standards in subsection (f) of this Section; |
8 | | (6) understanding cultural perceptions and common |
9 | | myths of sexual assault and sexual abuse; and |
10 | | (7) report writing techniques in accordance with the |
11 | | curriculum standards in subsection (f) of this Section. |
12 | | (b) This training must be presented in all full and |
13 | | part-time basic law enforcement academies on or before July 1, |
14 | | 2018. |
15 | | (c) The Department must present this training to all State |
16 | | police officers within 3 years after the effective date of this |
17 | | amendatory Act of the 99th General Assembly and must present |
18 | | in-service training on sexual assault and sexual abuse response |
19 | | and report writing training requirements every 3 years. |
20 | | (d) The Department must provide to all State police |
21 | | officers who conduct sexual assault and sexual abuse |
22 | | investigations, specialized training on sexual assault and |
23 | | sexual abuse investigations within 2 years after the effective |
24 | | date of this amendatory Act of the 99th General Assembly and |
25 | | must present in-service training on sexual assault and sexual |
26 | | abuse investigations to these officers every 3 years. |
|
| | SB3096 Enrolled | - 20 - | LRB099 17887 SLF 42249 b |
|
|
1 | | (e) Instructors providing this training shall have |
2 | | successfully completed training on evidence-based, |
3 | | trauma-informed, victim-centered responses to cases of sexual |
4 | | assault and sexual abuse and have experience responding to |
5 | | sexual assault and sexual abuse cases. |
6 | | (f) The Department shall adopt rules, in consultation with |
7 | | the Office of the Illinois Attorney General and the Illinois |
8 | | Law Enforcement Training Standards Board, to determine the |
9 | | specific training requirements for these courses, including, |
10 | | but not limited to, the following: |
11 | | (1) evidence-based curriculum standards for report |
12 | | writing and immediate response to sexual assault and sexual |
13 | | abuse, including trauma-informed, victim-centered |
14 | | interview techniques, which have been demonstrated to |
15 | | minimize retraumatization, for all State police officers; |
16 | | and |
17 | | (2) evidence-based curriculum standards for |
18 | | trauma-informed, victim-centered investigation and |
19 | | interviewing techniques, which have been demonstrated to |
20 | | minimize retraumatization, for cases of sexual assault and |
21 | | sexual abuse for all State Police officers who conduct |
22 | | sexual assault and sexual abuse investigations.
|
23 | | (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
|
24 | | Sec. 2605-300. Records; crime laboratories; personnel. To |
25 | | do
the
following:
|
|
| | SB3096 Enrolled | - 21 - | LRB099 17887 SLF 42249 b |
|
|
1 | | (1) Be a central repository and custodian of criminal
|
2 | | statistics for the State.
|
3 | | (2) Be a central repository for criminal history
record |
4 | | information.
|
5 | | (3) Procure and file for record information that is
|
6 | | necessary and helpful to plan programs of crime prevention, |
7 | | law
enforcement,
and criminal justice.
|
8 | | (4) Procure and file for record copies of
fingerprints |
9 | | that may be required by law.
|
10 | | (5) Establish general and field
crime laboratories.
|
11 | | (6) Register and file for record information that
may |
12 | | be required by law for the issuance of firearm owner's |
13 | | identification
cards under the Firearm Owners |
14 | | Identification Card Act and concealed carry licenses under |
15 | | the Firearm Concealed Carry Act.
|
16 | | (7) Employ polygraph operators, laboratory |
17 | | technicians ,
and
other
specially qualified persons to aid |
18 | | in the identification of criminal
activity , and may employ |
19 | | polygraph operators .
|
20 | | (8) Undertake other identification, information,
|
21 | | laboratory, statistical, or registration activities that |
22 | | may be
required by law.
|
23 | | (Source: P.A. 98-63, eff. 7-9-13.)
|
24 | | Section 107. The Illinois Procurement Code is amended by |
25 | | changing Section 1-10 as follows:
|
|
| | SB3096 Enrolled | - 22 - | LRB099 17887 SLF 42249 b |
|
|
1 | | (30 ILCS 500/1-10)
|
2 | | Sec. 1-10. Application.
|
3 | | (a) This Code applies only to procurements for which |
4 | | bidders, offerors, potential contractors, or contractors were |
5 | | first
solicited on or after July 1, 1998. This Code shall not |
6 | | be construed to affect
or impair any contract, or any provision |
7 | | of a contract, entered into based on a
solicitation prior to |
8 | | the implementation date of this Code as described in
Article |
9 | | 99, including but not limited to any covenant entered into with |
10 | | respect
to any revenue bonds or similar instruments.
All |
11 | | procurements for which contracts are solicited between the |
12 | | effective date
of Articles 50 and 99 and July 1, 1998 shall be |
13 | | substantially in accordance
with this Code and its intent.
|
14 | | (b) This Code shall apply regardless of the source of the |
15 | | funds with which
the contracts are paid, including federal |
16 | | assistance moneys.
This Code shall
not apply to:
|
17 | | (1) Contracts between the State and its political |
18 | | subdivisions or other
governments, or between State |
19 | | governmental bodies except as specifically
provided in |
20 | | this Code.
|
21 | | (2) Grants, except for the filing requirements of |
22 | | Section 20-80.
|
23 | | (3) Purchase of care.
|
24 | | (4) Hiring of an individual as employee and not as an |
25 | | independent
contractor, whether pursuant to an employment |
|
| | SB3096 Enrolled | - 23 - | LRB099 17887 SLF 42249 b |
|
|
1 | | code or policy or by contract
directly with that |
2 | | individual.
|
3 | | (5) Collective bargaining contracts.
|
4 | | (6) Purchase of real estate, except that notice of this |
5 | | type of contract with a value of more than $25,000 must be |
6 | | published in the Procurement Bulletin within 10 calendar |
7 | | days after the deed is recorded in the county of |
8 | | jurisdiction. The notice shall identify the real estate |
9 | | purchased, the names of all parties to the contract, the |
10 | | value of the contract, and the effective date of the |
11 | | contract.
|
12 | | (7) Contracts necessary to prepare for anticipated |
13 | | litigation, enforcement
actions, or investigations, |
14 | | provided
that the chief legal counsel to the Governor shall |
15 | | give his or her prior
approval when the procuring agency is |
16 | | one subject to the jurisdiction of the
Governor, and |
17 | | provided that the chief legal counsel of any other |
18 | | procuring
entity
subject to this Code shall give his or her |
19 | | prior approval when the procuring
entity is not one subject |
20 | | to the jurisdiction of the Governor.
|
21 | | (8) Contracts for
services to Northern Illinois |
22 | | University by a person, acting as
an independent |
23 | | contractor, who is qualified by education, experience, and
|
24 | | technical ability and is selected by negotiation for the |
25 | | purpose of providing
non-credit educational service |
26 | | activities or products by means of specialized
programs |
|
| | SB3096 Enrolled | - 24 - | LRB099 17887 SLF 42249 b |
|
|
1 | | offered by the university.
|
2 | | (9) Procurement expenditures by the Illinois |
3 | | Conservation Foundation
when only private funds are used.
|
4 | | (10) Procurement expenditures by the Illinois Health |
5 | | Information Exchange Authority involving private funds |
6 | | from the Health Information Exchange Fund. "Private funds" |
7 | | means gifts, donations, and private grants. |
8 | | (11) Public-private agreements entered into according |
9 | | to the procurement requirements of Section 20 of the |
10 | | Public-Private Partnerships for Transportation Act and |
11 | | design-build agreements entered into according to the |
12 | | procurement requirements of Section 25 of the |
13 | | Public-Private Partnerships for Transportation Act. |
14 | | (12) Contracts for legal, financial, and other |
15 | | professional and artistic services entered into on or |
16 | | before December 31, 2018 by the Illinois Finance Authority |
17 | | in which the State of Illinois is not obligated. Such |
18 | | contracts shall be awarded through a competitive process |
19 | | authorized by the Board of the Illinois Finance Authority |
20 | | and are subject to Sections 5-30, 20-160, 50-13, 50-20, |
21 | | 50-35, and 50-37 of this Code, as well as the final |
22 | | approval by the Board of the Illinois Finance Authority of |
23 | | the terms of the contract. |
24 | | (13) The provisions of this paragraph (13), other than |
25 | | this sentence, are inoperative on and after January 1, 2019 |
26 | | or 2 years after the effective date of this amendatory Act |
|
| | SB3096 Enrolled | - 25 - | LRB099 17887 SLF 42249 b |
|
|
1 | | of the 99th General Assembly, whichever is later. Contracts |
2 | | for services, commodities, and equipment to support the |
3 | | delivery of timely forensic science services in |
4 | | consultation with and subject to the approval of the Chief |
5 | | Procurement Officer as provided in subsection (d) of |
6 | | Section 5-4-3a of the Unified Code of Corrections, except |
7 | | for the requirements of Sections 20-60, 20-65, 20-70, and |
8 | | 20-160 and Article 50 of this Code; however, the Chief |
9 | | Procurement Officer may, in writing with justification, |
10 | | waive any certification required under Article 50 of this |
11 | | Code. For any contracts for services which are currently |
12 | | provided by members of a collective bargaining agreement, |
13 | | the applicable terms of the collective bargaining |
14 | | agreement concerning subcontracting shall be followed. |
15 | | Notwithstanding any other provision of law, contracts |
16 | | entered into under item (12) of this subsection (b) shall be |
17 | | published in the Procurement Bulletin within 14 calendar days |
18 | | after contract execution. The chief procurement officer shall |
19 | | prescribe the form and content of the notice. The Illinois |
20 | | Finance Authority shall provide the chief procurement officer, |
21 | | on a monthly basis, in the form and content prescribed by the |
22 | | chief procurement officer, a report of contracts that are |
23 | | related to the procurement of goods and services identified in |
24 | | item (12) of this subsection (b). At a minimum, this report |
25 | | shall include the name of the contractor, a description of the |
26 | | supply or service provided, the total amount of the contract, |
|
| | SB3096 Enrolled | - 26 - | LRB099 17887 SLF 42249 b |
|
|
1 | | the term of the contract, and the exception to the Code |
2 | | utilized. A copy of each of these contracts shall be made |
3 | | available to the chief procurement officer immediately upon |
4 | | request. The chief procurement officer shall submit a report to |
5 | | the Governor and General Assembly no later than November 1 of |
6 | | each year that shall include, at a minimum, an annual summary |
7 | | of the monthly information reported to the chief procurement |
8 | | officer. |
9 | | (c) This Code does not apply to the electric power |
10 | | procurement process provided for under Section 1-75 of the |
11 | | Illinois Power Agency Act and Section 16-111.5 of the Public |
12 | | Utilities Act. |
13 | | (d) Except for Section 20-160 and Article 50 of this Code, |
14 | | and as expressly required by Section 9.1 of the Illinois |
15 | | Lottery Law, the provisions of this Code do not apply to the |
16 | | procurement process provided for under Section 9.1 of the |
17 | | Illinois Lottery Law. |
18 | | (e) This Code does not apply to the process used by the |
19 | | Capital Development Board to retain a person or entity to |
20 | | assist the Capital Development Board with its duties related to |
21 | | the determination of costs of a clean coal SNG brownfield |
22 | | facility, as defined by Section 1-10 of the Illinois Power |
23 | | Agency Act, as required in subsection (h-3) of Section 9-220 of |
24 | | the Public Utilities Act, including calculating the range of |
25 | | capital costs, the range of operating and maintenance costs, or |
26 | | the sequestration costs or monitoring the construction of clean |
|
| | SB3096 Enrolled | - 27 - | LRB099 17887 SLF 42249 b |
|
|
1 | | coal SNG brownfield facility for the full duration of |
2 | | construction. |
3 | | (f) This Code does not apply to the process used by the |
4 | | Illinois Power Agency to retain a mediator to mediate sourcing |
5 | | agreement disputes between gas utilities and the clean coal SNG |
6 | | brownfield facility, as defined in Section 1-10 of the Illinois |
7 | | Power Agency Act, as required under subsection (h-1) of Section |
8 | | 9-220 of the Public Utilities Act. |
9 | | (g) This Code does not apply to the processes used by the |
10 | | Illinois Power Agency to retain a mediator to mediate contract |
11 | | disputes between gas utilities and the clean coal SNG facility |
12 | | and to retain an expert to assist in the review of contracts |
13 | | under subsection (h) of Section 9-220 of the Public Utilities |
14 | | Act. This Code does not apply to the process used by the |
15 | | Illinois Commerce Commission to retain an expert to assist in |
16 | | determining the actual incurred costs of the clean coal SNG |
17 | | facility and the reasonableness of those costs as required |
18 | | under subsection (h) of Section 9-220 of the Public Utilities |
19 | | Act. |
20 | | (h) This Code does not apply to the process to procure or |
21 | | contracts entered into in accordance with Sections 11-5.2 and |
22 | | 11-5.3 of the Illinois Public Aid Code. |
23 | | (i) Each chief procurement officer may access records |
24 | | necessary to review whether a contract, purchase, or other |
25 | | expenditure is or is not subject to the provisions of this |
26 | | Code, unless such records would be subject to attorney-client |
|
| | SB3096 Enrolled | - 28 - | LRB099 17887 SLF 42249 b |
|
|
1 | | privilege. |
2 | | (j) This Code does not apply to the process used by the |
3 | | Capital Development Board to retain an artist or work or works |
4 | | of art as required in Section 14 of the Capital Development |
5 | | Board Act. |
6 | | (k) This Code does not apply to the process to procure |
7 | | contracts, or contracts entered into, by the State Board of |
8 | | Elections or the State Electoral Board for hearing officers |
9 | | appointed pursuant to the Election Code. |
10 | | (Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, |
11 | | eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12; |
12 | | 97-895, eff. 8-3-12; 98-90, eff. 7-15-13; 98-463, eff. 8-16-13; |
13 | | 98-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff. |
14 | | 1-1-15 .)
|
15 | | Section 110. The Illinois Police Training Act is amended by |
16 | | changing Section 7 and adding Section 10.19 as follows:
|
17 | | (50 ILCS 705/7) (from Ch. 85, par. 507)
|
18 | | Sec. 7. Rules and standards for schools. The Board shall |
19 | | adopt rules and
minimum standards for such schools which shall |
20 | | include but not be limited to
the following:
|
21 | | a. The curriculum for probationary police officers which |
22 | | shall be
offered by all certified schools shall include but not |
23 | | be limited to
courses of procedural justice, arrest and use and |
24 | | control tactics, search and seizure, including temporary |
|
| | SB3096 Enrolled | - 29 - | LRB099 17887 SLF 42249 b |
|
|
1 | | questioning, civil rights, human rights, human relations,
|
2 | | cultural competency, including implicit bias and racial and |
3 | | ethnic sensitivity,
criminal law, law of criminal procedure, |
4 | | constitutional and proper use of law enforcement authority, |
5 | | vehicle and traffic law including
uniform and |
6 | | non-discriminatory enforcement of the Illinois Vehicle Code,
|
7 | | traffic control and accident investigation, techniques of |
8 | | obtaining
physical evidence, court testimonies, statements, |
9 | | reports, firearms
training, training in the use of electronic |
10 | | control devices, including the psychological and physiological |
11 | | effects of the use of those devices on humans, first-aid |
12 | | (including cardiopulmonary resuscitation), training in the |
13 | | administration of opioid antagonists as defined in paragraph |
14 | | (1) of subsection (e) of Section 5-23 of the Alcoholism and |
15 | | Other Drug Abuse and Dependency Act, handling of
juvenile |
16 | | offenders, recognition of
mental conditions, including, but |
17 | | not limited to, the disease of addiction, which require |
18 | | immediate assistance and methods to
safeguard and provide |
19 | | assistance to a person in need of mental
treatment, recognition |
20 | | of abuse, neglect, financial exploitation, and self-neglect of |
21 | | adults with disabilities and older adults, as defined in |
22 | | Section 2 of the Adult Protective Services Act, crimes against |
23 | | the elderly, law of evidence, the hazards of high-speed police |
24 | | vehicle
chases with an emphasis on alternatives to the |
25 | | high-speed chase, and
physical training. The curriculum shall |
26 | | include specific training in
techniques for immediate response |
|
| | SB3096 Enrolled | - 30 - | LRB099 17887 SLF 42249 b |
|
|
1 | | to and investigation of cases of domestic
violence and of |
2 | | sexual assault of adults and children, including cultural |
3 | | perceptions and common myths of sexual assault and sexual abuse |
4 | | rape as well as interview techniques that are trauma informed, |
5 | | victim centered, and victim sensitive. The curriculum shall |
6 | | include
training in techniques designed to promote effective
|
7 | | communication at the initial contact with crime victims and |
8 | | ways to comprehensively
explain to victims and witnesses their |
9 | | rights under the Rights
of Crime Victims and Witnesses Act and |
10 | | the Crime
Victims Compensation Act. The curriculum shall also |
11 | | include a block of instruction aimed at identifying and |
12 | | interacting with persons with autism and other developmental or |
13 | | physical disabilities, reducing barriers to reporting crimes |
14 | | against persons with autism, and addressing the unique |
15 | | challenges presented by cases involving victims or witnesses |
16 | | with autism and other developmental disabilities. The |
17 | | curriculum for
permanent police officers shall include but not |
18 | | be limited to (1) refresher
and in-service training in any of |
19 | | the courses listed above in this
subparagraph, (2) advanced |
20 | | courses in any of the subjects listed above in
this |
21 | | subparagraph, (3) training for supervisory personnel, and (4)
|
22 | | specialized training in subjects and fields to be selected by |
23 | | the board. The training in the use of electronic control |
24 | | devices shall be conducted for probationary police officers, |
25 | | including University police officers.
|
26 | | b. Minimum courses of study, attendance requirements and |
|
| | SB3096 Enrolled | - 31 - | LRB099 17887 SLF 42249 b |
|
|
1 | | equipment
requirements.
|
2 | | c. Minimum requirements for instructors.
|
3 | | d. Minimum basic training requirements, which a |
4 | | probationary police
officer must satisfactorily complete |
5 | | before being eligible for permanent
employment as a local law |
6 | | enforcement officer for a participating local
governmental |
7 | | agency. Those requirements shall include training in first aid
|
8 | | (including cardiopulmonary resuscitation).
|
9 | | e. Minimum basic training requirements, which a |
10 | | probationary county
corrections officer must satisfactorily |
11 | | complete before being eligible for
permanent employment as a |
12 | | county corrections officer for a participating
local |
13 | | governmental agency.
|
14 | | f. Minimum basic training requirements which a |
15 | | probationary court
security officer must satisfactorily |
16 | | complete before being eligible for
permanent employment as a |
17 | | court security officer for a participating local
governmental |
18 | | agency. The Board shall
establish those training requirements |
19 | | which it considers appropriate for court
security officers and |
20 | | shall certify schools to conduct that training.
|
21 | | A person hired to serve as a court security officer must |
22 | | obtain from the
Board a certificate (i) attesting to his or her |
23 | | successful completion of the
training course; (ii) attesting to |
24 | | his or her satisfactory
completion of a training program of |
25 | | similar content and number of hours that
has been found |
26 | | acceptable by the Board under the provisions of this Act; or
|
|
| | SB3096 Enrolled | - 32 - | LRB099 17887 SLF 42249 b |
|
|
1 | | (iii) attesting to the Board's determination that the training
|
2 | | course is unnecessary because of the person's extensive prior |
3 | | law enforcement
experience.
|
4 | | Individuals who currently serve as court security officers |
5 | | shall be deemed
qualified to continue to serve in that capacity |
6 | | so long as they are certified
as provided by this Act within 24 |
7 | | months of June 1, 1997 ( the effective date of Public Act |
8 | | 89-685) this
amendatory Act of 1996 . Failure to be so |
9 | | certified, absent a waiver from the
Board, shall cause the |
10 | | officer to forfeit his or her position.
|
11 | | All individuals hired as court security officers on or |
12 | | after the effective
date of this amendatory Act of 1996 shall |
13 | | be certified within 12 months of the
date of their hire, unless |
14 | | a waiver has been obtained by the Board, or they
shall forfeit |
15 | | their positions.
|
16 | | The Sheriff's Merit Commission, if one exists, or the |
17 | | Sheriff's Office if
there is no Sheriff's Merit Commission, |
18 | | shall maintain a list of all
individuals who have filed |
19 | | applications to become court security officers and
who meet the |
20 | | eligibility requirements established under this Act. Either
|
21 | | the Sheriff's Merit Commission, or the Sheriff's Office if no |
22 | | Sheriff's Merit
Commission exists, shall establish a schedule |
23 | | of reasonable intervals for
verification of the applicants' |
24 | | qualifications under
this Act and as established by the Board.
|
25 | | g. Minimum in-service training requirements, which a |
26 | | police officer must satisfactorily complete every 3 years. |
|
| | SB3096 Enrolled | - 33 - | LRB099 17887 SLF 42249 b |
|
|
1 | | Those requirements shall include constitutional and proper use |
2 | | of law enforcement authority, procedural justice, civil |
3 | | rights, human rights, and cultural competency. |
4 | | h. Minimum in-service training requirements, which a |
5 | | police officer must satisfactorily complete at least annually. |
6 | | Those requirements shall include law updates and use of force |
7 | | training which shall include scenario based training, or |
8 | | similar training approved by the Board. |
9 | | (Source: P.A. 98-49, eff. 7-1-13; 98-358, eff. 1-1-14; 98-463, |
10 | | eff. 8-16-13; 98-756, eff. 7-16-14; 99-352, eff. 1-1-16; |
11 | | 99-480, eff. 9-9-15; revised 10-20-15.)
|
12 | | (50 ILCS 705/10.19 new) |
13 | | Sec. 10.19. Training; sexual assault and sexual abuse. |
14 | | (a) The Illinois Law Enforcement Training Standards Board |
15 | | shall conduct or approve training programs in trauma-informed |
16 | | responses and investigations of sexual assault and sexual |
17 | | abuse, which include, but is not limited to, the following: |
18 | | (1) recognizing the symptoms of trauma; |
19 | | (2) understanding the role trauma has played in a |
20 | | victim's life; |
21 | | (3) responding to the needs and concerns of a victim; |
22 | | (4) delivering services in a compassionate, sensitive, |
23 | | and nonjudgmental manner; |
24 | | (5) interviewing techniques in accordance with the |
25 | | curriculum standards in subsection (f) of this Section; |
|
| | SB3096 Enrolled | - 34 - | LRB099 17887 SLF 42249 b |
|
|
1 | | (6) understanding cultural perceptions and common |
2 | | myths of sexual assault and sexual abuse; and |
3 | | (7) report writing techniques in accordance with the |
4 | | curriculum standards in subsection (f) of this Section. |
5 | | (b) This training must be presented in all full and |
6 | | part-time basic law enforcement academies on or before July 1, |
7 | | 2018. |
8 | | (c) Agencies employing law enforcement officers must |
9 | | present this training to all law enforcement officers within 3 |
10 | | years after the effective date of this amendatory Act of the |
11 | | 99th General Assembly and must present in-service training on |
12 | | sexual assault and sexual abuse response and report writing |
13 | | training requirements every 3 years. |
14 | | (d) Agencies employing law enforcement officers who |
15 | | conduct sexual assault and sexual abuse investigations must |
16 | | provide specialized training to these officers on sexual |
17 | | assault and sexual abuse investigations within 2 years after |
18 | | the effective date of this amendatory Act of the 99th General |
19 | | Assembly and must present in-service training on sexual assault |
20 | | and sexual abuse investigations to these officers every 3 |
21 | | years. |
22 | | (e) Instructors providing this training shall have |
23 | | successfully completed training on evidence-based, |
24 | | trauma-informed, victim-centered response to cases of sexual |
25 | | assault and sexual abuse and have experience responding to |
26 | | sexual assault and sexual abuse cases. |
|
| | SB3096 Enrolled | - 35 - | LRB099 17887 SLF 42249 b |
|
|
1 | | (f) The Board shall adopt rules, in consultation with the |
2 | | Office of the Illinois Attorney General and the Department of |
3 | | State Police, to determine the specific training requirements |
4 | | for these courses, including, but not limited to, the |
5 | | following: |
6 | | (1) evidence-based curriculum standards for report |
7 | | writing and immediate response to sexual assault and sexual |
8 | | abuse, including trauma-informed, victim-centered |
9 | | interview techniques, which have been demonstrated to |
10 | | minimize retraumatization, for probationary police |
11 | | officers and all law enforcement officers; and |
12 | | (2) evidence-based curriculum standards for |
13 | | trauma-informed, victim-centered investigation and |
14 | | interviewing techniques, which have been demonstrated to |
15 | | minimize retraumatization, for cases of sexual assault and |
16 | | sexual abuse for law enforcement officers who conduct |
17 | | sexual assault and sexual abuse investigations. |
18 | | Section 115. The Sexual Assault Survivors Emergency |
19 | | Treatment Act is amended by changing Sections 1a and 6.4 and by |
20 | | adding Sections 6.5 and 6.6 as follows:
|
21 | | (410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
|
22 | | Sec. 1a. Definitions. In this Act:
|
23 | | "Ambulance provider" means an individual or entity that |
24 | | owns and operates a business or service using ambulances or |
|
| | SB3096 Enrolled | - 36 - | LRB099 17887 SLF 42249 b |
|
|
1 | | emergency medical services vehicles to transport emergency |
2 | | patients.
|
3 | | "Areawide sexual assault treatment plan" means a plan, |
4 | | developed by the hospitals in the community or area to be |
5 | | served, which provides for hospital emergency services to |
6 | | sexual assault survivors that shall be made available by each |
7 | | of the participating hospitals.
|
8 | | "Department" means the Department of Public Health.
|
9 | | "Emergency contraception" means medication as approved by |
10 | | the federal Food and Drug Administration (FDA) that can |
11 | | significantly reduce the risk of pregnancy if taken within 72 |
12 | | hours after sexual assault.
|
13 | | "Follow-up healthcare" means healthcare services related |
14 | | to a sexual assault, including laboratory services and pharmacy |
15 | | services, rendered within 90 days of the initial visit for |
16 | | hospital emergency services.
|
17 | | "Forensic services" means the collection of evidence |
18 | | pursuant to a statewide sexual assault evidence collection |
19 | | program administered by the Department of State Police, using |
20 | | the Illinois State Police Sexual Assault Evidence Collection |
21 | | Kit.
|
22 | | "Health care professional" means a physician, a physician |
23 | | assistant, or an advanced practice nurse.
|
24 | | "Hospital" has the meaning given to that term in the |
25 | | Hospital Licensing Act.
|
26 | | "Hospital emergency services" means healthcare delivered |
|
| | SB3096 Enrolled | - 37 - | LRB099 17887 SLF 42249 b |
|
|
1 | | to outpatients within or under the care and supervision of |
2 | | personnel working in a designated emergency department of a |
3 | | hospital, including, but not limited to, care ordered by such |
4 | | personnel for a sexual assault survivor in the emergency |
5 | | department.
|
6 | | "Illinois State Police Sexual Assault Evidence Collection |
7 | | Kit" means a prepackaged set of materials and forms to be used |
8 | | for the collection of evidence relating to sexual assault. The |
9 | | standardized evidence collection kit for the State of Illinois |
10 | | shall be the Illinois State Police Sexual Assault Evidence |
11 | | Collection Kit.
|
12 | | "Law enforcement agency having jurisdiction" means the law |
13 | | enforcement agency in the jurisdiction where an alleged sexual |
14 | | assault or sexual abuse occurred. |
15 | | "Nurse" means a nurse licensed under the Nurse
Practice |
16 | | Act.
|
17 | | "Physician" means a person licensed to practice medicine in |
18 | | all its branches.
|
19 | | "Sexual assault" means an act of nonconsensual sexual |
20 | | conduct or sexual penetration, as defined in Section 11-0.1 of |
21 | | the Criminal Code of 2012, including, without limitation, acts |
22 | | prohibited under Sections 11-1.20 through 11-1.60 of the |
23 | | Criminal Code of 2012.
|
24 | | "Sexual assault survivor" means a person who presents for |
25 | | hospital emergency services in relation to injuries or trauma |
26 | | resulting from a sexual assault.
|
|
| | SB3096 Enrolled | - 38 - | LRB099 17887 SLF 42249 b |
|
|
1 | | "Sexual assault transfer plan" means a written plan |
2 | | developed by a hospital and approved by the Department, which |
3 | | describes the hospital's procedures for transferring sexual |
4 | | assault survivors to another hospital in order to receive |
5 | | emergency treatment.
|
6 | | "Sexual assault treatment plan" means a written plan |
7 | | developed by a hospital that describes the hospital's |
8 | | procedures and protocols for providing hospital emergency |
9 | | services and forensic services to sexual assault survivors who |
10 | | present themselves for such services, either directly or |
11 | | through transfer from another hospital.
|
12 | | "Transfer services" means the appropriate medical |
13 | | screening examination and necessary stabilizing treatment |
14 | | prior to the transfer of a sexual assault survivor to a |
15 | | hospital that provides hospital emergency services and |
16 | | forensic services to sexual assault survivors pursuant to a |
17 | | sexual assault treatment plan or areawide sexual assault |
18 | | treatment plan.
|
19 | | "Voucher" means a document generated by a hospital at the |
20 | | time the sexual assault survivor receives hospital emergency |
21 | | and forensic services that a sexual assault survivor may |
22 | | present to providers for follow-up healthcare. |
23 | | (Source: P.A. 99-454, eff. 1-1-16 .)
|
24 | | (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
|
25 | | Sec. 6.4. Sexual assault evidence collection program.
|
|
| | SB3096 Enrolled | - 39 - | LRB099 17887 SLF 42249 b |
|
|
1 | | (a) There is created a statewide sexual assault evidence |
2 | | collection program
to facilitate the prosecution of persons |
3 | | accused of sexual assault. This
program shall be administered |
4 | | by the Illinois
State Police. The program shall
consist of the |
5 | | following: (1) distribution of sexual assault evidence
|
6 | | collection kits which have been approved by the Illinois
State |
7 | | Police to hospitals that request them, or arranging for
such |
8 | | distribution by the manufacturer of the kits, (2) collection of |
9 | | the kits
from hospitals after the kits have been used to |
10 | | collect
evidence, (3) analysis of the collected evidence and |
11 | | conducting of laboratory
tests, (4) maintaining the chain of |
12 | | custody and safekeeping of the evidence
for use in a legal |
13 | | proceeding, and (5) the comparison of the collected evidence |
14 | | with the genetic marker grouping analysis information |
15 | | maintained by the Department of State Police under Section |
16 | | 5-4-3 of the Unified Code of Corrections and with the |
17 | | information contained in the Federal Bureau of Investigation's |
18 | | National DNA database; provided the amount and quality of |
19 | | genetic marker grouping results obtained from the evidence in |
20 | | the sexual assault case meets the requirements of both the |
21 | | Department of State Police and the Federal Bureau of |
22 | | Investigation's Combined DNA Index System (CODIS) policies. |
23 | | The standardized evidence collection kit for
the State of |
24 | | Illinois shall be the Illinois State Police Sexual Assault |
25 | | Evidence Kit and shall include a written consent form |
26 | | authorizing law enforcement to test the sexual assault evidence |
|
| | SB3096 Enrolled | - 40 - | LRB099 17887 SLF 42249 b |
|
|
1 | | and to provide law enforcement with details of the sexual |
2 | | assault . A sexual assault evidence collection kit may not be |
3 | | released by a hospital
without the written consent of the |
4 | | sexual assault survivor. In the case of a
survivor who is a |
5 | | minor 13 years of age or older, evidence and
information |
6 | | concerning the sexual assault may be released at the
written |
7 | | request of the minor. If the survivor is a minor who is under |
8 | | 13 years
of age, evidence and information concerning the |
9 | | alleged sexual assault may be
released at the written request |
10 | | of the parent, guardian, investigating law
enforcement |
11 | | officer, or Department of Children and Family Services. If the |
12 | | survivor is an adult who has a guardian of the person, a health |
13 | | care surrogate, or an agent acting under a health care power of |
14 | | attorney, then consent of the guardian, surrogate, or agent is |
15 | | not required to release evidence and information concerning the |
16 | | sexual assault. If the adult is unable to provide consent for |
17 | | the release of evidence and information and a guardian, |
18 | | surrogate, or agent under a health care power of attorney is |
19 | | unavailable or unwilling to release the information, then an |
20 | | investigating law enforcement officer may authorize the |
21 | | release. Any health
care professional, including any |
22 | | physician, advanced practice nurse, physician assistant, or |
23 | | nurse, sexual assault nurse
examiner, and any health care
|
24 | | institution, including any hospital, who provides evidence or |
25 | | information to a
law enforcement officer pursuant to a written |
26 | | request as specified in this
Section is immune from any civil |
|
| | SB3096 Enrolled | - 41 - | LRB099 17887 SLF 42249 b |
|
|
1 | | or professional liability that might arise
from those actions, |
2 | | with the exception of willful or wanton misconduct. The
|
3 | | immunity provision applies only if all of the requirements of |
4 | | this Section are
met.
|
5 | | (a-5) (Blank).
|
6 | | (b) The Illinois State Police shall administer a program to |
7 | | train hospitals
and hospital personnel participating in the |
8 | | sexual assault evidence collection
program, in the correct use |
9 | | and application of the sexual assault evidence
collection kits. |
10 | | A sexual assault nurse examiner may conduct
examinations using |
11 | | the sexual assault evidence collection kits, without the
|
12 | | presence or participation of a physician. The Department
shall
|
13 | | cooperate with the Illinois State Police in this
program as it |
14 | | pertains to medical aspects of the evidence collection.
|
15 | | (c) In this Section, "sexual assault nurse examiner" means |
16 | | a registered
nurse
who has completed a sexual assault nurse |
17 | | examiner (SANE) training program that
meets the Forensic Sexual |
18 | | Assault Nurse Examiner Education Guidelines
established by the |
19 | | International Association of Forensic Nurses.
|
20 | | (Source: P.A. 95-331, eff. 8-21-07; 95-432, eff. 1-1-08; |
21 | | 96-318, eff. 1-1-10; 96-1011, eff. 9-1-10.)
|
22 | | (410 ILCS 70/6.5 new) |
23 | | Sec. 6.5. Written consent to the release of sexual assault |
24 | | evidence for testing. |
25 | | (a) Upon the completion of hospital emergency services and |
|
| | SB3096 Enrolled | - 42 - | LRB099 17887 SLF 42249 b |
|
|
1 | | forensic services, the health care professional providing the |
2 | | forensic services shall provide the patient the opportunity to |
3 | | sign a written consent to allow law enforcement to submit the |
4 | | sexual assault evidence for testing. The written consent shall |
5 | | be on a form included in the sexual assault evidence collection |
6 | | kit and shall include whether the survivor consents to the |
7 | | release of information about the sexual assault to law |
8 | | enforcement. |
9 | | (1) A survivor 13 years of age or older may sign the |
10 | | written consent to release the evidence for testing. |
11 | | (2) If the survivor is a minor who is under 13 years of |
12 | | age, the written consent to release the sexual assault |
13 | | evidence for testing may be signed by the parent, guardian, |
14 | | investigating law enforcement officer, or Department of |
15 | | Children and Family Services. |
16 | | (3) If the survivor is an adult who has a guardian of |
17 | | the person, a health care surrogate, or an agent acting |
18 | | under a health care power of attorney, the consent of the |
19 | | guardian, surrogate, or agent is not required to release |
20 | | evidence and information concerning the sexual assault or |
21 | | sexual abuse. If the adult is unable to provide consent for |
22 | | the release of evidence and information and a guardian, |
23 | | surrogate, or agent under a health care power of attorney |
24 | | is unavailable or unwilling to release the information, |
25 | | then an investigating law enforcement officer may |
26 | | authorize the release. |
|
| | SB3096 Enrolled | - 43 - | LRB099 17887 SLF 42249 b |
|
|
1 | | (4) Any health care professional, including any |
2 | | physician, advanced practice nurse, physician assistant, |
3 | | or nurse, sexual assault nurse examiner, and any health |
4 | | care institution, including any hospital, who provides |
5 | | evidence or information to a law enforcement officer under |
6 | | a written consent as specified in this Section is immune |
7 | | from any civil or professional liability that might arise |
8 | | from those actions, with the exception of willful or wanton |
9 | | misconduct. The immunity provision applies only if all of |
10 | | the requirements of this Section are met. |
11 | | (b) The hospital shall keep a copy of a signed or unsigned |
12 | | written consent form in the patient's medical record. |
13 | | (c) If a written consent to allow law enforcement to test |
14 | | the sexual assault evidence is not signed at the completion of |
15 | | hospital emergency services and forensic services, the |
16 | | hospital shall include the following information in its |
17 | | discharge instructions: |
18 | | (1) the sexual assault evidence will be stored for 5 |
19 | | years from the completion of an Illinois State Police |
20 | | Sexual Assault Evidence Collection Kit, or 5 years from the |
21 | | age of 18 years, whichever is longer; |
22 | | (2) a person authorized to consent to the testing of |
23 | | the sexual assault evidence may sign a written consent to |
24 | | allow law enforcement to test the sexual assault evidence |
25 | | at any time during that 5-year period for an adult victim, |
26 | | or until a minor victim turns 23 years of age by (A) |
|
| | SB3096 Enrolled | - 44 - | LRB099 17887 SLF 42249 b |
|
|
1 | | contacting the law enforcement agency having jurisdiction, |
2 | | or if unknown, the law enforcement agency contacted by the |
3 | | hospital under Section 3.2 of the Criminal Identification |
4 | | Act; or (B) by working with an advocate at a rape crisis |
5 | | center; |
6 | | (3) the name, address, and phone number of the law |
7 | | enforcement agency having jurisdiction, or if unknown the |
8 | | name, address, and phone number of the law enforcement |
9 | | agency contacted by the hospital under Section 3.2 of the |
10 | | Criminal Identification Act; and |
11 | | (4) the name and phone number of a local rape crisis |
12 | | center. |
13 | | (410 ILCS 70/6.6 new) |
14 | | Sec. 6.6. Submission of sexual assault evidence. |
15 | | (a) As soon as practicable, but in no event more than 4 |
16 | | hours after the completion of hospital emergency services and |
17 | | forensic services, the hospital shall make reasonable efforts |
18 | | to determine the law enforcement agency having jurisdiction |
19 | | where the sexual assault occurred. The hospital may obtain the |
20 | | name of the law enforcement agency with jurisdiction from the |
21 | | local law enforcement agency. |
22 | | (b) Within 4 hours after the completion of hospital |
23 | | emergency services and forensic services, the hospital shall |
24 | | notify the law enforcement agency having jurisdiction that the |
25 | | hospital is in possession of sexual assault evidence and the |
|
| | SB3096 Enrolled | - 45 - | LRB099 17887 SLF 42249 b |
|
|
1 | | date and time the collection of evidence was completed. The |
2 | | hospital shall document the notification in the patient's |
3 | | medical records and shall include the agency notified, the date |
4 | | and time of the notification and the name of the person who |
5 | | received the notification. This notification to the law |
6 | | enforcement agency having jurisdiction satisfies the |
7 | | hospital's requirement to contact its local law enforcement |
8 | | agency under Section 3.2 of the Criminal Identification Act. |
9 | | (c) If the law enforcement agency having jurisdiction has |
10 | | not taken physical custody of sexual assault evidence within 5 |
11 | | days of the first contact by the hospital, the hospital shall |
12 | | re-notify the law enforcement agency having jurisdiction that |
13 | | the hospital is in possession of sexual assault evidence and |
14 | | the date the sexual assault evidence was collected. The |
15 | | hospital shall document the re-notification in the patient's |
16 | | medical records and shall include the agency notified, the date |
17 | | and time of the notification and the name of the person who |
18 | | received the notification. |
19 | | (d) If the law enforcement agency having jurisdiction has |
20 | | not taken physical custody of the sexual assault evidence |
21 | | within 10 days of the first contact by the hospital and the |
22 | | hospital has provided renotification under subsection (c) of |
23 | | this Section, the hospital shall contact the State's Attorney |
24 | | of the county where the law enforcement agency having |
25 | | jurisdiction is located. The hospital shall inform the State's |
26 | | Attorney that the hospital is in possession of sexual assault |
|
| | SB3096 Enrolled | - 46 - | LRB099 17887 SLF 42249 b |
|
|
1 | | evidence, the date the sexual assault evidence was collected, |
2 | | the law enforcement agency having jurisdiction, the dates, |
3 | | times and names of persons notified under subsections (b) and |
4 | | (c) of this Section. The notification shall be made within 14 |
5 | | days of the collection of the sexual assault evidence. |
6 | | Section 120. The Sexual Assault Evidence Submission Act is |
7 | | amended by changing Section 10 as follows: |
8 | | (725 ILCS 202/10)
|
9 | | Sec. 10. Submission of evidence. Law enforcement agencies |
10 | | that receive sexual assault evidence that the victim of a |
11 | | sexual assault or sexual abuse or a person authorized under |
12 | | Section 6.5 of the Sexual Assault Survivors Emergency Treatment |
13 | | Act has consented to allow law enforcement to test in |
14 | | connection with the investigation of a criminal case on or |
15 | | after the effective date of this Act must submit evidence from |
16 | | the case within 10 business days of receipt of the consent to |
17 | | test to a Department of State Police forensic laboratory or a |
18 | | laboratory approved and designated by the Director of State |
19 | | Police. The written report required under Section 20 of the |
20 | | Sexual Assault Incident Procedure Act shall include the date |
21 | | and time the sexual assault evidence was picked up from the |
22 | | hospital, the date consent to test the sexual assault evidence |
23 | | was given, and the date and time the sexual assault evidence |
24 | | was sent to the laboratory. Sexual assault evidence received by |
|
| | SB3096 Enrolled | - 47 - | LRB099 17887 SLF 42249 b |
|
|
1 | | a law enforcement agency within 30 days prior to the effective |
2 | | date of this Act shall be submitted pursuant to this Section.
|
3 | | (Source: P.A. 96-1011, eff. 9-1-10.)
|
4 | | Section 125. The Unified Code of Corrections is amended by |
5 | | changing Section 5-4-3a as follows: |
6 | | (730 ILCS 5/5-4-3a) |
7 | | Sec. 5-4-3a. DNA testing backlog accountability. |
8 | | (a) On or before August 1 of each year, the Department of |
9 | | State Police shall report to the Governor and both houses of |
10 | | the General Assembly the following information: |
11 | | (1) the extent of the backlog of cases awaiting testing |
12 | | or awaiting DNA analysis by that Department, including but |
13 | | not limited to those tests conducted under Section 5-4-3, |
14 | | as of June 30 of the previous fiscal year, with the backlog |
15 | | being defined as all cases awaiting forensic testing |
16 | | whether in the physical custody of the State Police or in |
17 | | the physical custody of local law enforcement, provided |
18 | | that the State Police have written notice of any evidence |
19 | | in the physical custody of local law enforcement prior to |
20 | | June 1 of that year; and |
21 | | (2) what measures have been and are being taken to |
22 | | reduce that backlog and the estimated costs or expenditures |
23 | | in doing so. |
24 | | (b) The information reported under this Section shall be |
|
| | SB3096 Enrolled | - 48 - | LRB099 17887 SLF 42249 b |
|
|
1 | | made available to the public, at the time it is reported, on |
2 | | the official web site of the Department of State Police.
|
3 | | (c) Beginning January 1, 2016, the Department of State |
4 | | Police shall quarterly report on the status of the processing |
5 | | of forensic biology and DNA evidence submitted to the |
6 | | Department of State Police Laboratory for analysis. The report |
7 | | shall be submitted to the Governor and the General Assembly, |
8 | | and shall be posted on the Department of State Police website. |
9 | | The report shall include the following for each State Police |
10 | | Laboratory location and any laboratory to which the Department |
11 | | of State Police has outsourced evidence for testing: |
12 | | (1) For forensic biology submissions, report both |
13 | | total case and sexual assault or abuse case (as defined by |
14 | | the Sexual Assault Evidence Submission Act) figures for: |
15 | | (A) The number of cases received in the preceding |
16 | | quarter. |
17 | | (B) The number of cases completed in the preceding |
18 | | quarter. |
19 | | (C) The number of cases waiting analysis. |
20 | | (D) The number of cases sent for outsourcing. |
21 | | (E) The number of cases waiting analysis that were |
22 | | received within the past 30 days. |
23 | | (F) The number of cases waiting analysis that were |
24 | | received 31 to 90 days prior. |
25 | | (G) The number of cases waiting analysis that were |
26 | | received 91 to 180 days prior. |
|
| | SB3096 Enrolled | - 49 - | LRB099 17887 SLF 42249 b |
|
|
1 | | (H) The number of cases waiting analysis that were |
2 | | received 181 to 365 days prior. |
3 | | (I) The number of cases waiting analysis that were |
4 | | received more than 365 days prior. |
5 | | (J) The number of cases forwarded for DNA analyses. |
6 | | (2) For DNA submissions, report both total case and |
7 | | sexual assault or abuse case (as defined by the Sexual |
8 | | Assault Evidence Submission Act) figures for: |
9 | | (A) The number of cases received in the preceding |
10 | | quarter. |
11 | | (B) The number of cases completed in the preceding |
12 | | quarter. |
13 | | (C) The number of cases waiting analysis. |
14 | | (D) The number of cases sent for outsourcing. |
15 | | (E) The number of cases waiting analysis that were |
16 | | received within the past 30 days. |
17 | | (F) The number of cases waiting analysis that were |
18 | | received 31 to 90 days prior. |
19 | | (G) The number of cases waiting analysis that were |
20 | | received 91 to 180 days prior. |
21 | | (H) The number of cases waiting analysis that were |
22 | | received 181 to 365 days prior. |
23 | | (I) The number of cases waiting analysis that were |
24 | | received more than 365 days prior. |
25 | | (3) For all other categories of testing (e.g., drug |
26 | | chemistry, firearms/toolmark, footwear/tire track, latent |
|
| | SB3096 Enrolled | - 50 - | LRB099 17887 SLF 42249 b |
|
|
1 | | prints, toxicology, and trace chemistry analysis): |
2 | | (A) The number of cases received in the preceding |
3 | | quarter. |
4 | | (B) The number of cases completed in the preceding |
5 | | quarter. |
6 | | (C) The number of cases waiting analysis. |
7 | | (4) For the Combined DNA Index System (CODIS), report |
8 | | both total case and sexual assault or abuse case (as |
9 | | defined by the Sexual Assault Evidence Submission Act) |
10 | | figures for subparagraphs (D), (E), and (F) of this |
11 | | paragraph (4): |
12 | | (A) The number of new offender samples received in |
13 | | the preceding quarter. |
14 | | (B) The number of offender samples uploaded to |
15 | | CODIS in the preceding quarter. |
16 | | (C) The number of offender samples awaiting |
17 | | analysis. |
18 | | (D) The number of unknown DNA case profiles |
19 | | uploaded to CODIS in the preceding quarter. |
20 | | (E) The number of CODIS hits in the preceding |
21 | | quarter. |
22 | | (F) The number of forensic evidence submissions |
23 | | submitted to confirm a previously reported CODIS hit. |
24 | | (5) For each category of testing, report the number of |
25 | | trained forensic scientists and the number of forensic |
26 | | scientists in training. |
|
| | SB3096 Enrolled | - 51 - | LRB099 17887 SLF 42249 b |
|
|
1 | | As used in this subsection (c), "completed" means |
2 | | completion of both the analysis of the evidence and the |
3 | | provision of the results to the submitting law enforcement |
4 | | agency. |
5 | | (d) The provisions of this subsection (d), other than this |
6 | | sentence, are inoperative on and after January 1, 2019 or 2 |
7 | | years after the effective date of this amendatory Act of the |
8 | | 99th General Assembly, whichever is later. In consultation with |
9 | | and subject to the approval of the Chief Procurement Officer, |
10 | | the Department of State Police may obtain contracts for |
11 | | services, commodities, and equipment to assist in the timely |
12 | | completion of forensic biology, DNA, drug chemistry, |
13 | | firearms/toolmark, footwear/tire track, latent prints, |
14 | | toxicology, microscopy, trace chemistry, and Combined DNA |
15 | | Index System (CODIS) analysis. Contracts to support the |
16 | | delivery of timely forensic science services are not subject to |
17 | | the provisions of the Illinois Procurement Code, except for |
18 | | Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that |
19 | | Code, provided that the Chief Procurement Officer may, in |
20 | | writing with justification, waive any certification required |
21 | | under Article 50 of the Illinois Procurement Code. For any |
22 | | contracts for services which are currently provided by members |
23 | | of a collective bargaining agreement, the applicable terms of |
24 | | the collective bargaining agreement concerning subcontracting |
25 | | shall be followed. |
26 | | (Source: P.A. 99-352, eff. 1-1-16 .) |