HB3462enr 102ND GENERAL ASSEMBLY

HB3462 Enrolled LRB102 14938 KMF 20293 b

AN ACT concerning criminal law.

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

Section 5. The Bill of Rights for Children is amended by adding Section 3.5 as follows:

(725 ILCS 115/3.5 new)

Sec. 3.5. Right to forensic interview with children's advocacy center. Every child reported to the Department of Children and Family Services or law enforcement to be a victim of sexual assault or sexual abuse whose case is accepted by either agency for investigation has the right to have that child's forensic interview conducted by a forensic interviewer from a children's advocacy center accredited according to the Children's Advocacy Center Act and serving the child's area or jurisdiction where the incident(s) occurred, when such service is accessible based on the CAC's available resources. This right may be asserted by the child or the child's parent or guardian informing the investigating personnel at the Department of Children and Family Services or the law enforcement agency that the parent or guardian wants the child to have the child's interview conducted by the children's advocacy center. Each local CAC protocol will outline a process to address situations in which it is deemed not possible for a forensic interview to occur, to ensure a trauma-informed response with follow up services from the CAC.

Section 99. Effective date. This Act takes effect January 1, 2022.