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.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Law Enforcement Criminal Sexual Assault
5Investigation Act is amended by changing Section 10 as follows:
 
6    (5 ILCS 815/10)
7    Sec. 10. Investigation of officer-involved criminal
8assault; requirements.
9    (a) Each law enforcement agency shall have a written policy
10regarding the investigation of officer-involved criminal
11sexual assault that involves a law enforcement officer employed
12by that law enforcement agency.
13    (b) Each officer-involved criminal sexual assault
14investigation shall be conducted by at least 2 investigators or
15an entity comprised of at least 2 investigators, one of whom
16shall be the lead investigator. The investigators shall have
17completed a specialized sexual assault and sexual abuse
18investigation training program approved by the Illinois Law
19Enforcement Training Standards Board or similar training
20approved by the Department of State Police. No investigator
21involved in the investigation may be employed by the law
22enforcement agency that employs the officer involved in the
23officer-involved criminal sexual assault, unless the

 

 

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1investigator is employed by the Department of State Police or a
2municipality with a population over 1,000,000 and is not
3assigned to the same division or unit as the officer involved
4in the criminal sexual assault.
5    (c) Upon receipt of an allegation or complaint of an
6officer-involved criminal sexual assault against a law
7enforcement officer employed by , a municipality with a
8population over 1,000,000, the municipality shall promptly
9notify the Department of State Police. The Department of State
10Police shall investigate incidents of an officer-involved
11criminal sexual assault by a law enforcement officer employed
12with a municipality with a population over 1,000,000 an
13independent agency, created by ordinance of the municipality,
14tasked with investigating incidents of police misconduct.
15    (d) Upon receipt of an allegation or complaint of an
16officer-involved criminal sexual assault against a law
17enforcement officer employed by the Department of State Police,
18the Department of State Police shall promptly notify the
19State's Attorney of the county in which the alleged offense
20occurred. The State's Attorney in the county in which the
21alleged officer-involved criminal sexual assault occurred
22shall investigate incidents of officer-involved criminal
23sexual assault by a law enforcement officer employed with the
24Department of State Police.
25    (e) Upon completion of the investigation of an alleged
26officer-involved criminal sexual assault, the investigating

 

 

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1officer shall, regardless of whether or not consensual sexual
2relations has been raised as a defense to the allegation or
3complaint, submit the report on the investigation to the
4State's Attorney of the county where the alleged sexual assault
5took place.
6(Source: P.A. 100-515, eff. 1-1-18.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.