Illinois General Assembly - Full Text of HB6332
Illinois General Assembly

Previous General Assemblies

Full Text of HB6332  99th General Assembly


Rep. Daniel V. Beiser

Filed: 4/15/2016





09900HB6332ham002LRB099 19163 RLC 47660 a


2    AMENDMENT NO. ______. Amend House Bill 6332 by replacing
3everything after the enacting clause with the following:
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



09900HB6332ham002- 2 -LRB099 19163 RLC 47660 a

1standard from a suspect or with DNA profiles in the CODIS
2database, the Department shall notify the investigating law
3enforcement agency of the results in writing, and the
4Department shall provide an automatic courtesy copy of the
5written notification to the appropriate State's Attorney's
6Office for tracking and further action, as necessary.
7(Source: P.A. 96-1011, eff. 9-1-10.)
8    (725 ILCS 202/20)
9    Sec. 20. Inventory of evidence.
10    (a) By October 15, 2010, each Illinois law enforcement
11agency shall provide written notice to the Department of State
12Police, in a form and manner prescribed by the Department,
13stating the number of sexual assault cases in the custody of
14the law enforcement agency that have not been previously
15submitted to a laboratory for analysis. Within 180 days after
16the effective date of this Act, appropriate arrangements shall
17be made between the law enforcement agency and the Department
18of State Police, or a laboratory approved and designated by the
19Director of State Police, to ensure that all cases that were
20collected prior to the effective date of this Act and are, or
21were at the time of collection, the subject of a criminal
22investigation, are submitted to the Department of State Police,
23or a laboratory approved and designated by the Director of
24State Police.
25    (b) By February 15, 2011, the Department of State Police



09900HB6332ham002- 3 -LRB099 19163 RLC 47660 a

1shall submit to the Governor, the Attorney General, and both
2houses of the General Assembly a plan for analyzing cases
3submitted pursuant to this Section. The plan shall include but
4not be limited to a timeline for completion of analysis and a
5summary of the inventory received, as well as requests for
6funding and resources necessary to meet the established
7timeline. Should the Department determine it is necessary to
8outsource the forensic testing of the cases submitted in
9accordance with this Section, all such cases will be exempt
10from the provisions of subsection (n) of Section 5-4-3 of the
11Unified Code of Corrections.
12    (c) Beginning June 1, 2016 or on and after the effective
13date of this amendatory Act of the 99th General Assembly,
14whichever is later, each law enforcement agency must conduct an
15annual inventory of all sexual assault cases in the custody of
16the law enforcement agency and provide written notice of its
17annual findings to the State's Attorney's Office having
18jurisdiction to ensure sexual assault cases are being submitted
19as provided by law.
20(Source: P.A. 96-1011, eff. 9-1-10.)
21    (725 ILCS 202/42 new)
22    Sec. 42. Reporting. Beginning January 1, 2017 and each year
23thereafter, the Department shall publish a quarterly report on
24its website, indicating a breakdown of the number of sexual
25assault case submissions from every law enforcement agency.



09900HB6332ham002- 4 -LRB099 19163 RLC 47660 a

1    Section 99. Effective date. This Act takes effect upon
2becoming law.".