Illinois General Assembly - Full Text of HB6332
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Full Text of HB6332  99th General Assembly




HB6332 EngrossedLRB099 19163 SLF 43552 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 Evidence Submission Act is
5amended by changing Sections 15 and 20 and by adding Section 42
6as follows:
7    (725 ILCS 202/15)
8    Sec. 15. Analysis of evidence; notification.
9    (a) All sexual assault evidence submitted pursuant to
10Section 10 of this Act on or after the effective date of this
11Act shall be analyzed within 6 months after receipt of all
12necessary evidence and standards by the State Police Laboratory
13or other designated laboratory if sufficient staffing and
14resources are available.
15    (b) If a consistent DNA profile has been identified by
16comparing the submitted sexual assault evidence with a known
17standard from a suspect or with DNA profiles in the CODIS
18database, the Department shall notify the investigating law
19enforcement agency of the results in writing, and the
20Department shall provide an automatic courtesy copy of the
21written notification to the appropriate State's Attorney's
22Office for tracking and further action, as necessary.
23(Source: P.A. 96-1011, eff. 9-1-10.)



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1    (725 ILCS 202/20)
2    Sec. 20. Inventory of evidence.
3    (a) By October 15, 2010, each Illinois law enforcement
4agency shall provide written notice to the Department of State
5Police, in a form and manner prescribed by the Department,
6stating the number of sexual assault cases in the custody of
7the law enforcement agency that have not been previously
8submitted to a laboratory for analysis. Within 180 days after
9the effective date of this Act, appropriate arrangements shall
10be made between the law enforcement agency and the Department
11of State Police, or a laboratory approved and designated by the
12Director of State Police, to ensure that all cases that were
13collected prior to the effective date of this Act and are, or
14were at the time of collection, the subject of a criminal
15investigation, are submitted to the Department of State Police,
16or a laboratory approved and designated by the Director of
17State Police.
18    (b) By February 15, 2011, the Department of State Police
19shall submit to the Governor, the Attorney General, and both
20houses of the General Assembly a plan for analyzing cases
21submitted pursuant to this Section. The plan shall include but
22not be limited to a timeline for completion of analysis and a
23summary of the inventory received, as well as requests for
24funding and resources necessary to meet the established
25timeline. Should the Department determine it is necessary to



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1outsource the forensic testing of the cases submitted in
2accordance with this Section, all such cases will be exempt
3from the provisions of subsection (n) of Section 5-4-3 of the
4Unified Code of Corrections.
5    (c) Beginning June 1, 2016 or on and after the effective
6date of this amendatory Act of the 99th General Assembly,
7whichever is later, each law enforcement agency must conduct an
8annual inventory of all sexual assault cases in the custody of
9the law enforcement agency and provide written notice of its
10annual findings to the State's Attorney's Office having
11jurisdiction to ensure sexual assault cases are being submitted
12as provided by law.
13(Source: P.A. 96-1011, eff. 9-1-10.)
14    (725 ILCS 202/42 new)
15    Sec. 42. Reporting. Beginning January 1, 2017 and each year
16thereafter, the Department shall publish a quarterly report on
17its website, indicating a breakdown of the number of sexual
18assault case submissions from every law enforcement agency.
19    Section 99. Effective date. This Act takes effect upon
20becoming law.