Full Text of SB2221 99th General Assembly
SB2221enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Sexual Assault Evidence Submission Act is | 5 | | amended by changing Sections 15 and 20 and by adding Section 42 | 6 | | as follows: | 7 | | (725 ILCS 202/15)
| 8 | | Sec. 15. Analysis of evidence ; notification . | 9 | | (a) All sexual assault evidence submitted pursuant to | 10 | | Section 10 of this Act on or after the effective date of this | 11 | | Act shall be analyzed within 6 months after receipt of all | 12 | | necessary evidence and standards by the State Police Laboratory | 13 | | or other designated laboratory if sufficient staffing and | 14 | | resources are available.
| 15 | | (b) If a consistent DNA profile has been identified by | 16 | | comparing the submitted sexual assault evidence with a known | 17 | | standard from a suspect or with DNA profiles in the CODIS | 18 | | database, the Department shall notify the investigating law | 19 | | enforcement agency of the results in writing, and the | 20 | | Department shall provide an automatic courtesy copy of the | 21 | | written notification to the appropriate State's Attorney's | 22 | | Office 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 | 4 | | agency shall provide written notice to the Department of State | 5 | | Police, in a form and manner prescribed by the Department, | 6 | | stating the number of sexual assault cases in the custody of | 7 | | the law enforcement agency that have not been previously | 8 | | submitted to a laboratory for analysis. Within 180 days after | 9 | | the effective date of this Act, appropriate arrangements shall | 10 | | be made between the law enforcement agency and the Department | 11 | | of State Police, or a laboratory approved and designated by the | 12 | | Director of State Police, to ensure that all cases that were | 13 | | collected prior to the effective date of this Act and are, or | 14 | | were at the time of collection, the subject of a criminal | 15 | | investigation, are submitted to the Department of State Police, | 16 | | or a laboratory approved and designated by the Director of | 17 | | State Police. | 18 | | (b) By February 15, 2011, the Department of State Police | 19 | | shall submit to the Governor, the Attorney General, and both | 20 | | houses of the General Assembly a plan for analyzing cases | 21 | | submitted pursuant to this Section. The plan shall include but | 22 | | not be limited to a timeline for completion of analysis and a | 23 | | summary of the inventory received, as well as requests for | 24 | | funding and resources necessary to meet the established | 25 | | timeline. Should the Department determine it is necessary to |
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| 1 | | outsource the forensic testing of the cases submitted in | 2 | | accordance with this Section, all such cases will be exempt | 3 | | from the provisions of subsection (n) of Section 5-4-3 of the | 4 | | Unified Code of Corrections.
| 5 | | (c) Beginning June 1, 2016 or on and after the effective | 6 | | date of this amendatory Act of the 99th General Assembly, | 7 | | whichever is later, each law enforcement agency must conduct an | 8 | | annual inventory of all sexual assault cases in the custody of | 9 | | the law enforcement agency and provide written notice of its | 10 | | annual findings to the State's Attorney's Office having | 11 | | jurisdiction to ensure sexual assault cases are being submitted | 12 | | as 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 | 16 | | thereafter, the Department shall publish a quarterly report on | 17 | | its website, indicating a breakdown of the number of sexual | 18 | | assault case submissions from every law enforcement agency.
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law. |
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