SB2221 99TH GENERAL ASSEMBLY

LRB099 14772 MRW 38922 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2221

Introduced 1/13/2016, by Sen. Bill Cunningham

SYNOPSIS AS INTRODUCED:

725 ILCS 202/15
725 ILCS 202/20
725 ILCS 202/42 new

Amends the Sexual Assault Evidence Submission Act. When a consistent DNA profile has been identified from submitted sexual assault evidence, the Department of State Police shall notify the investigating law enforcement agency of the match, and the Department shall track and maintain a record of its notification of, and the follow up by, the investigating law enforcement agency. The record maintained by the Department shall also document any written request, from the Department to the investigating law enforcement agency, seeking the submission of an additional DNA standard for a comparison analysis or confirmatory forensic analysis, and whether the investigating law enforcement agency has complied with those requests. If, after 60 days, the investigating law enforcement agency fails to comply with any request for an additional DNA standard, then the Department shall send a second written request to both the investigating law enforcement agency and the county Sheriff of the county where the agency is located. The Department shall maintain a record of the percentage of cases in which an additional DNA standard is submitted by the investigating law enforcement agency for a comparison analysis or confirmatory forensic analysis. Beginning June 1, 2016, each law enforcement agency must conduct an annual inventory of all sexual assault cases in the custody of the law enforcement agency and provide written notice of its annual findings to the Department. The Department shall compile and report the findings of each inventory under the Act. Requires the Department of State Police to file annual and quarterly reports regarding sexual assault evidence submissions. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Sexual Assault Evidence Submission Act is amended by changing Sections 15 and 20 and by adding Section 42 as follows:

(725 ILCS 202/15)

Sec. 15. Analysis of evidence; tracking and recordkeeping.

(a) All sexual assault evidence submitted pursuant to Section 10 of this Act on or after the effective date of this Act shall be analyzed within 6 months after receipt of all necessary evidence and standards by the State Police Laboratory or other designated laboratory if sufficient staffing and resources are available.

(b) When a consistent DNA profile has been identified from the submitted sexual assault evidence, the Department shall notify the investigating law enforcement agency of the match, and the Department shall track and maintain a record of its notification of, and the follow up by, the investigating law enforcement agency. The record maintained by the Department shall also document any written request, from the Department to the investigating law enforcement agency, seeking the submission of an additional DNA standard for a comparison analysis or confirmatory forensic analysis, and whether the investigating law enforcement agency has complied with those requests. If, after 60 days, the investigating law enforcement agency fails to comply with any request for an additional DNA standard, then the Department shall send a second written request to both the investigating law enforcement agency and the county Sheriff of the county where the agency is located. The Department shall maintain a record of the percentage of cases in which an additional DNA standard is submitted by the investigating law enforcement agency for a comparison analysis or confirmatory forensic analysis.

(Source: P.A. 96-1011, eff. 9-1-10.)

(725 ILCS 202/20)

Sec. 20. Inventory of evidence.

(a) By October 15, 2010, each Illinois law enforcement agency shall provide written notice to the Department of State Police, in a form and manner prescribed by the Department, stating the number of sexual assault cases in the custody of the law enforcement agency that have not been previously submitted to a laboratory for analysis. Within 180 days after the effective date of this Act, appropriate arrangements shall be made between the law enforcement agency and the Department of State Police, or a laboratory approved and designated by the Director of State Police, to ensure that all cases that were collected prior to the effective date of this Act and are, or were at the time of collection, the subject of a criminal investigation, are submitted to the Department of State Police, or a laboratory approved and designated by the Director of State Police.

(b) By February 15, 2011, the Department of State Police shall submit to the Governor, the Attorney General, and both houses of the General Assembly a plan for analyzing cases submitted pursuant to this Section. The plan shall include but not be limited to a timeline for completion of analysis and a summary of the inventory received, as well as requests for funding and resources necessary to meet the established timeline. Should the Department determine it is necessary to outsource the forensic testing of the cases submitted in accordance with this Section, all such cases will be exempt from the provisions of subsection (n) of Section 5-4-3 of the Unified Code of Corrections.

(c) Beginning June 1, 2016, each law enforcement agency must conduct an annual inventory of all sexual assault cases in the custody of the law enforcement agency and provide written notice of its annual findings to the Department. The Department shall compile and report the findings of each inventory under the requirements of Sections 15 and 42 of this Act.

(Source: P.A. 96-1011, eff. 9-1-10.)

(725 ILCS 202/42 new)

Sec. 42. Reporting. In addition to the tracking and recordkeeping requirements in Section 15 of this Act, each year after the effective date of this amendatory Act of the 99th General Assembly, the Department shall submit:

(1) an annual report to the General Assembly, the Governor, the Supreme Court, the Attorney General, and the Executive Inspector General; and

(2) publish a quarterly report on its website, indicating:

(A) a breakdown of the number of submissions from every law enforcement agency;

(B) the average length of time between submission and analysis for every submission from a law enforcement agency;

(C) the number of pending requests for authorization to consume evidence or other authorization requests sent to each law enforcement agency by the Department; and

(D) the percentage of cases in which an additional DNA standard is submitted by the investigating law enforcement agency for a comparison analysis or confirmatory forensic analysis.

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