103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3366

 

Introduced 2/17/2023, by Rep. Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 203/10
725 ILCS 203/30

    Amends the Sexual Assault Incident Procedure Act. Provides that, except for certain medical examiner or coroner investigations, whenever a person's DNA profile is collected due to the person being a victim of a sexual assault or sexual abuse, that specific profile collected in conjunction with that criminal investigation shall not be entered into any DNA database. Defines "DNA database".


LRB103 29297 RLC 55684 b

 

 

A BILL FOR

 

HB3366LRB103 29297 RLC 55684 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Sexual Assault Incident Procedure Act is
5amended by changing Sections 10 and 30 as follows:
 
6    (725 ILCS 203/10)
7    Sec. 10. Definitions. In this Act:
8    "Board" means the Illinois Law Enforcement Training
9Standards Board.
10    "DNA database" means a collection of DNA profiles from
11forensic casework or specimens from anonymous, identified, and
12unidentified sources that are created to search DNA records
13against each other to develop investigative leads among
14forensic cases.
15    "Evidence-based, trauma-informed, victim-centered" means
16policies, procedures, programs, and practices that have been
17demonstrated to minimize retraumatization associated with the
18criminal justice process by recognizing the presence of trauma
19symptoms and acknowledging the role that trauma has played in
20a sexual assault or sexual abuse victim's life and focusing on
21the needs and concerns of a victim that ensures compassionate
22and sensitive delivery of services in a nonjudgmental manner.
23    "Law enforcement agency having jurisdiction" means the law

 

 

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1enforcement agency in the jurisdiction where an alleged sexual
2assault or sexual abuse occurred.
3    "Sexual assault evidence" means evidence collected in
4connection with a sexual assault or sexual abuse
5investigation, including, but not limited to, evidence
6collected using the Illinois State Police Sexual Assault
7Evidence Collection Kit as defined in Section 1a of the Sexual
8Assault Survivors Emergency Treatment Act.
9    "Sexual assault or sexual abuse" means an act of
10nonconsensual sexual conduct or sexual penetration, as defined
11in Section 12-12 of the Criminal Code of 1961 or Section 11-0.1
12of the Criminal Code of 2012, including, without limitation,
13acts prohibited under Sections 12-13 through 12-16 of the
14Criminal Code of 1961 or Sections 11-1.20 through 11-1.60 of
15the Criminal Code of 2012.
16(Source: P.A. 99-801, eff. 1-1-17.)
 
17    (725 ILCS 203/30)
18    Sec. 30. Release and storage of sexual assault evidence.
19    (a) A law enforcement agency having jurisdiction that is
20notified by a hospital or another law enforcement agency that
21a victim of a sexual assault or sexual abuse has received a
22medical forensic examination and has completed an Illinois
23State Police Sexual Assault Evidence Collection Kit shall take
24custody of the sexual assault evidence as soon as practicable,
25but in no event more than 5 days after the completion of the

 

 

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1medical forensic examination.
2    (a-5) A State's Attorney who is notified under subsection
3(d) of Section 6.6 of the Sexual Assault Survivors Emergency
4Treatment Act that a hospital is in possession of sexual
5assault evidence shall, within 72 hours, contact the
6appropriate law enforcement agency to request that the law
7enforcement agency take immediate physical custody of the
8sexual assault evidence.
9    (b) The written report prepared under Section 20 of this
10Act shall include the date and time the sexual assault
11evidence was picked up from the hospital and the date and time
12the sexual assault evidence was sent to the laboratory in
13accordance with the Sexual Assault Evidence Submission Act.
14    (c) If the victim of a sexual assault or sexual abuse or a
15person authorized under Section 6.5 of the Sexual Assault
16Survivors Emergency Treatment Act has consented to allow law
17enforcement to test the sexual assault evidence, the law
18enforcement agency having jurisdiction shall submit the sexual
19assault evidence for testing in accordance with the Sexual
20Assault Evidence Submission Act. No law enforcement agency
21having jurisdiction may refuse or fail to send sexual assault
22evidence for testing that the victim has released for testing.
23    (c-5) Except as otherwise provided in Section 9.5 of the
24Criminal Identification Act or Section 3-3013 of the Counties
25Code, whenever a person's DNA profile is collected due to the
26person being a victim of a sexual assault or sexual abuse, that

 

 

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1specific profile collected in conjunction with that criminal
2investigation shall not be entered into any DNA database.
3    (d) A victim shall have 10 years from the completion of an
4Illinois State Police Sexual Assault Evidence Collection Kit,
5or 10 years from the age of 18 years, whichever is longer, to
6sign a written consent to release the sexual assault evidence
7to law enforcement for testing. If the victim or a person
8authorized under Section 6.5 of the Sexual Assault Survivors
9Emergency Treatment Act does not sign the written consent at
10the completion of the medical forensic examination, the victim
11or person authorized by Section 6.5 of the Sexual Assault
12Survivors Emergency Treatment Act may sign the written release
13at the law enforcement agency having jurisdiction, or in the
14presence of a sexual assault advocate who may deliver the
15written release to the law enforcement agency having
16jurisdiction. The victim may also provide verbal consent to
17the law enforcement agency having jurisdiction and shall
18verify the verbal consent via email or fax. Upon receipt of
19written or verbal consent, the law enforcement agency having
20jurisdiction shall submit the sexual assault evidence for
21testing in accordance with the Sexual Assault Evidence
22Submission Act. No law enforcement agency having jurisdiction
23may refuse or fail to send the sexual assault evidence for
24testing that the victim has released for testing.
25    (e) The law enforcement agency having jurisdiction who
26speaks to a victim who does not sign a written consent to

 

 

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1release the sexual assault evidence prior to discharge from
2the hospital shall provide a written notice to the victim that
3contains the following information:
4        (1) where the sexual assault evidence will be stored
5    for 10 years;
6        (2) notice that the victim may sign a written release
7    to test the sexual assault evidence at any time during the
8    10-year period by contacting the law enforcement agency
9    having jurisdiction or working with a sexual assault
10    advocate;
11        (3) the name, phone number, and email address of the
12    law enforcement agency having jurisdiction; and
13        (4) the name and phone number of a local rape crisis
14    center.
15    Each law enforcement agency shall develop a protocol for
16providing this information to victims as part of the written
17policies required in subsection (a) of Section 15 of this Act.
18    (f) A law enforcement agency must develop a protocol for
19responding to victims who want to sign a written consent to
20release the sexual assault evidence and to ensure that victims
21who want to be notified or have a designee notified prior to
22the end of the 10-year period are provided notice.
23    (g) Nothing in this Section shall be construed as limiting
24the storage period to 10 years. A law enforcement agency
25having jurisdiction may adopt a storage policy that provides
26for a period of time exceeding 10 years. If a longer period of

 

 

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1time is adopted, the law enforcement agency having
2jurisdiction shall notify the victim or designee in writing of
3the longer storage period.
4(Source: P.A. 99-801, eff. 1-1-17; 100-1087, eff. 1-1-19.)