Illinois General Assembly - Full Text of SB3096
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Full Text of SB3096  99th General Assembly

SB3096enr 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,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Sexual
5Assault Incident Procedure Act.
 
6    Section 5. Legislative findings. The General Assembly
7finds:
8    (1) Sexual assault and sexual abuse are personal and
9violent crimes that disproportionately impact women, children,
10lesbian, gay, bisexual, and transgender individuals in
11Illinois, yet only a small percentage of these crimes are
12reported, less than one in five, and even fewer result in a
13conviction.
14    (2) The trauma of sexual assault and sexual abuse often
15leads to severe mental, physical, and economic consequences for
16the victim.
17    (3) The diminished ability of victims to recover from their
18sexual assault or sexual abuse has been directly linked to the
19response of others to their trauma.
20    (4) The response of law enforcement can directly impact a
21victim's ability to heal as well as his or her willingness to
22actively participate in the investigation by law enforcement.
23    (5) Research has shown that a traumatic event impacts

 

 

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1memory consolidation and encoding. Allowing a victim to
2complete at least 2 full sleep cycles before an in-depth
3interview can improve the victim's ability to provide a history
4of the sexual assault or sexual abuse.
5    (6) Victim participation is critical to the successful
6identification and prosecution of sexual predators. To
7facilitate victim participation, law enforcement should inform
8victims of the testing of physical evidence and the results of
9such testing.
10    (7) Identification and successful prosecution of sexual
11predators prevents new victimization. For this reason,
12improving the response of the criminal justice system to
13victims of sexual assault and sexual abuse is critical to
14protecting public safety.
 
15    Section 10. Definitions. In this Act:
16    "Board" means the Illinois Law Enforcement Training
17Standards Board.
18    "Evidence-based, trauma-informed, victim-centered" means
19policies, procedures, programs, and practices that have been
20demonstrated to minimize retraumatization associated with the
21criminal justice process by recognizing the presence of trauma
22symptoms and acknowledging the role that trauma has played in a
23sexual assault or sexual abuse victim's life and focusing on
24the needs and concerns of a victim that ensures compassionate
25and sensitive delivery of services in a nonjudgmental manner.

 

 

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1    "Law enforcement agency having jurisdiction" means the law
2enforcement agency in the jurisdiction where an alleged sexual
3assault or sexual abuse occurred.
4    "Sexual assault evidence" means evidence collected in
5connection with a sexual assault or sexual abuse investigation,
6including, but not limited to, evidence collected using the
7Illinois State Police Sexual Assault Evidence Collection Kit as
8defined in Section 1a of the Sexual Assault Survivors Emergency
9Treatment Act.
10    "Sexual assault or sexual abuse" means an act of
11nonconsensual sexual conduct or sexual penetration, as defined
12in Section 12-12 of the Criminal Code of 1961 or Section 11-0.1
13of the Criminal Code of 2012, including, without limitation,
14acts prohibited under Sections 12-13 through 12-16 of the
15Criminal Code of 1961 or Sections 11-1.20 through 11-1.60 of
16the Criminal Code of 2012.
 
17    Section 15. Sexual assault incident policies.
18    (a) On or before January 1, 2018, every law enforcement
19agency shall develop, adopt, and implement written policies
20regarding procedures for incidents of sexual assault or sexual
21abuse consistent with the guidelines developed under
22subsection (b) of this Section. In developing these policies,
23each law enforcement agency is encouraged to consult with other
24law enforcement agencies, sexual assault advocates, and sexual
25assault nurse examiners with expertise in recognizing and

 

 

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1handling sexual assault and sexual abuse incidents. These
2policies must include mandatory sexual assault and sexual abuse
3response training as required in Section 10.19 of the Illinois
4Police Training Act and Sections 2605-53 and 2605-98 of the
5Department of State Police Law of the Civil Administrative Code
6of Illinois.
7    (b) On or before July 1, 2017, the Office of the Attorney
8General, in consultation with the Illinois Law Enforcement
9Training Standards Board and the Department of State Police,
10shall develop and make available to each law enforcement
11agency, comprehensive guidelines for creation of a law
12enforcement agency policy on evidence-based, trauma-informed,
13victim-centered sexual assault and sexual abuse response and
14investigation.
15    These guidelines shall include, but not be limited to the
16following:
17        (1) dispatcher or call taker response;
18        (2) responding officer duties;
19        (3) duties of officers investigating sexual assaults
20    and sexual abuse;
21        (4) supervisor duties;
22        (5) report writing;
23        (6) reporting methods;
24        (7) victim interviews;
25        (8) evidence collection;
26        (9) sexual assault medical forensic examinations;

 

 

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1        (10) suspect interviews;
2        (11) suspect forensic exams;
3        (12) witness interviews;
4        (13) sexual assault response and resource teams, if
5    applicable;
6        (14) working with victim advocates;
7        (15) working with prosecutors;
8        (16) victims' rights;
9        (17) victim notification; and
10        (18) consideration for specific populations or
11    communities.
 
12    Section 20. Reports by law enforcement officers.
13    (a) A law enforcement officer shall complete a written
14police report upon receiving the following, regardless of where
15the incident occurred:
16        (1) an allegation by a person that the person has been
17    sexually assaulted or sexually abused regardless of
18    jurisdiction;
19        (2) information from hospital or medical personnel
20    provided under Section 3.2 of the Criminal Identification
21    Act; or
22        (3) information from a witness who personally observed
23    what appeared to be a sexual assault or sexual abuse or
24    attempted sexual assault or sexual abuse.
25    (b) The written report shall include the following, if

 

 

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1known:
2        (1) the victim's name or other identifier;
3        (2) the victim's contact information;
4        (3) time, date, and location of offense;
5        (4) information provided by the victim;
6        (5) the suspect's description and name, if known;
7        (6) names of persons with information relevant to the
8    time before, during, or after the sexual assault or sexual
9    abuse, and their contact information;
10        (7) names of medical professionals who provided a
11    medical forensic examination of the victim and any
12    information they provided about the sexual assault or
13    sexual abuse;
14        (8) whether an Illinois State Police Sexual Assault
15    Evidence Collection Kit was completed, the name and contact
16    information for the hospital, and whether the victim
17    consented to testing of the Evidence Collection Kit by law
18    enforcement;
19        (9) whether a urine or blood sample was collected and
20    whether the victim consented to testing of a toxicology
21    screen by law enforcement;
22        (10) information the victim related to medical
23    professionals during a medical forensic examination which
24    the victim consented to disclosure to law enforcement; and
25        (11) other relevant information.
26    (c) If the sexual assault or sexual abuse occurred in

 

 

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1another jurisdiction, the law enforcement officer taking the
2report must submit the report to the law enforcement agency
3having jurisdiction in person or via fax or email within 24
4hours of receiving information about the sexual assault or
5sexual abuse.
6    (d) Within 24 hours of receiving a report from a law
7enforcement agency in another jurisdiction in accordance with
8subsection (c), the law enforcement agency having jurisdiction
9shall submit a written confirmation to the law enforcement
10agency that wrote the report. The written confirmation shall
11contain the name and identifier of the person and confirming
12receipt of the report and a name and contact phone number that
13will be given to the victim. The written confirmation shall be
14delivered in person or via fax or email.
15    (e) No law enforcement officer shall require a victim of
16sexual assault or sexual abuse to submit to an interview.
17    (f) No law enforcement agency may refuse to complete a
18written report as required by this Section on any ground.
19    (g) All law enforcement agencies shall ensure that all
20officers responding to or investigating a complaint of sexual
21assault or sexual abuse have successfully completed training
22under Section 10.19 of the Illinois Police Training Act and
23Section 2605-98 of the Department of State Police Law of the
24Civil Administrative Code of Illinois.
 
25    Section 22. Third-party reports. A victim of sexual assault

 

 

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1or sexual abuse may give a person consent to provide
2information about the sexual assault or sexual abuse to a law
3enforcement officer, and the officer shall complete a written
4report unless:
5        (1) the person contacting law enforcement fails to
6    provide the person's name and contact information; or
7        (2) the person contacting law enforcement fails to
8    affirm that the person has the consent of the victim of the
9    sexual assault or sexual abuse.
 
10    Section 25. Report; victim notice.
11    (a) At the time of first contact with the victim, law
12enforcement shall:
13        (1) Advise the victim about the following by providing
14    a form, the contents of which shall be prepared by the
15    Office of the Attorney General and posted on its website,
16    written in a language appropriate for the victim or in
17    Braille, or communicating in appropriate sign language
18    that includes, but is not limited to:
19            (A) information about seeking medical attention
20        and preserving evidence, including specifically,
21        collection of evidence during a medical forensic
22        examination at a hospital and photographs of injury and
23        clothing;
24            (B) notice that the victim will not be charged for
25        hospital emergency and medical forensic services;

 

 

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1            (C) information advising the victim that evidence
2        can be collected at the hospital up to 7 days after the
3        sexual assault or sexual abuse but that the longer the
4        victim waits the likelihood of obtaining evidence
5        decreases;
6            (D) the location of nearby hospitals that provide
7        emergency medical and forensic services and, if known,
8        whether the hospitals employ any sexual assault nurse
9        examiners;
10            (E) a summary of the procedures and relief
11        available to victims of sexual assault or sexual abuse
12        under the Civil No Contact Order Act or the Illinois
13        Domestic Violence Act of 1986;
14            (F) the law enforcement officer's name and badge
15        number;
16            (G) at least one referral to an accessible service
17        agency and information advising the victim that rape
18        crisis centers can assist with obtaining civil no
19        contact orders and orders of protection; and
20            (H) if the sexual assault or sexual abuse occurred
21        in another jurisdiction, provide in writing the
22        address and phone number of a specific contact at the
23        law enforcement agency having jurisdiction.
24        (2) Offer to provide or arrange accessible
25    transportation for the victim to a hospital for emergency
26    and forensic services, including contacting emergency

 

 

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1    medical services.
2        (3) Offer to provide or arrange accessible
3    transportation for the victim to the nearest available
4    circuit judge or associate judge so the victim may file a
5    petition for an emergency civil no contact order under the
6    Civil No Contact Order Act or an order of protection under
7    the Illinois Domestic Violence Act of 1986 after the close
8    of court business hours, if a judge is available.
9    (b) At the time of the initial contact with a person making
10a third-party report under Section 22 of this Act, a law
11enforcement officer shall provide the written information
12prescribed under paragraph (1) of subsection (a) of this
13Section to the person making the report and request the person
14provide the written information to the victim of the sexual
15assault or sexual abuse.
16    (c) If the first contact with the victim occurs at a
17hospital, a law enforcement officer may request the hospital
18provide interpretive services.
 
19    Section 30. Release and storage of sexual assault evidence.
20    (a) A law enforcement agency having jurisdiction that is
21notified by a hospital or another law enforcement agency that a
22victim of a sexual assault or sexual abuse has received a
23medical forensic examination and has completed an Illinois
24State Police Sexual Assault Evidence Collection Kit shall take
25custody of the sexual assault evidence as soon as practicable,

 

 

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1but in no event more than 5 days after the completion of the
2medical forensic examination.
3    (a-5) A State's Attorney who is notified under subsection
4(d) of Section 6.6 of the Sexual Assault Survivors Emergency
5Treatment Act that a hospital is in possession of sexual
6assault evidence shall, within 72 hours, contact the
7appropriate law enforcement agency to request that the law
8enforcement agency take immediate physical custody of the
9sexual assault evidence.
10    (b) The written report prepared under Section 20 of this
11Act shall include the date and time the sexual assault evidence
12was picked up from the hospital and the date and time the
13sexual assault evidence was sent to the laboratory in
14accordance with the Sexual Assault Evidence Submission Act.
15    (c) If the victim of a sexual assault or sexual abuse or a
16person authorized under Section 6.5 of the Sexual Assault
17Survivors Emergency Treatment Act has consented to allow law
18enforcement to test the sexual assault evidence, the law
19enforcement agency having jurisdiction shall submit the sexual
20assault evidence for testing in accordance with the Sexual
21Assault Evidence Submission Act. No law enforcement agency
22having jurisdiction may refuse or fail to send sexual assault
23evidence for testing that the victim has released for testing.
24    (d) A victim shall have 5 years from the completion of an
25Illinois State Police Sexual Assault Evidence Collection Kit,
26or 5 years from the age of 18 years, whichever is longer, to

 

 

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1sign a written consent to release the sexual assault evidence
2to law enforcement for testing. If the victim or a person
3authorized under Section 6.5 of the Sexual Assault Survivors
4Emergency Treatment Act does not sign the written consent at
5the completion of the medical forensic examination, the victim
6or person authorized by Section 6.5 of the Sexual Assault
7Survivors Emergency Treatment Act may sign the written release
8at the law enforcement agency having jurisdiction, or in the
9presence of a sexual assault advocate who may deliver the
10written release to the law enforcement agency having
11jurisdiction. The victim may also provide verbal consent to the
12law enforcement agency having jurisdiction and shall verify the
13verbal consent via email or fax. Upon receipt of written or
14verbal consent, the law enforcement agency having jurisdiction
15shall submit the sexual assault evidence for testing in
16accordance with the Sexual Assault Evidence Submission Act. No
17law enforcement agency having jurisdiction may refuse or fail
18to send the sexual assault evidence for testing that the victim
19has released for testing.
20    (e) The law enforcement agency having jurisdiction who
21speaks to a victim who does not sign a written consent to
22release the sexual assault evidence prior to discharge from the
23hospital shall provide a written notice to the victim that
24contains the following information:
25        (1) where the sexual assault evidence will be stored
26    for 5 years;

 

 

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1        (2) notice that the victim may sign a written release
2    to test the sexual assault evidence at any time during the
3    5-year period by contacting the law enforcement agency
4    having jurisdiction or working with a sexual assault
5    advocate;
6        (3) the name, phone number, and email address of the
7    law enforcement agency having jurisdiction; and
8        (4) the name and phone number of a local rape crisis
9    center.
10    Each law enforcement agency shall develop a protocol for
11providing this information to victims as part of the written
12policies required in subsection (a) of Section 15 of this Act.
13    (f) A law enforcement agency must develop a protocol for
14responding to victims who want to sign a written consent to
15release the sexual assault evidence and to ensure that victims
16who want to be notified or have a designee notified prior to
17the end of the 5-year period are provided notice.
18    (g) Nothing in this Section shall be construed as limiting
19the storage period to 5 years. A law enforcement agency having
20jurisdiction may adopt a storage policy that provides for a
21period of time exceeding 5 years. If a longer period of time is
22adopted, the law enforcement agency having jurisdiction shall
23notify the victim or designee in writing of the longer storage
24period.
 
25    Section 35. Release of information.

 

 

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1    (a) Upon the request of the victim who has consented to the
2release of sexual assault evidence for testing, the law
3enforcement agency having jurisdiction shall provide the
4following information in writing:
5        (1) the date the sexual assault evidence was sent to a
6    Department of State Police forensic laboratory or
7    designated laboratory;
8        (2) test results provided to the law enforcement agency
9    by a Department of State Police forensic laboratory or
10    designated laboratory, including, but not limited to:
11            (A) whether a DNA profile was obtained from the
12        testing of the sexual assault evidence from the
13        victim's case;
14            (B) whether the DNA profile developed from the
15        sexual assault evidence has been searched against the
16        DNA Index System or any state or federal DNA database;
17            (C) whether an association was made to an
18        individual whose DNA profile is consistent with the
19        sexual assault evidence DNA profile, provided that
20        disclosure would not impede or compromise an ongoing
21        investigation; and
22            (D) whether any drugs were detected in a urine or
23        blood sample analyzed for drug facilitated sexual
24        assault and information about any drugs detected.
25    (b) The information listed in paragraph (1) of subsection
26(a) of this Section shall be provided to the victim within 7

 

 

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1days of the transfer of the evidence to the laboratory. The
2information listed in paragraph (2) of subsection (a) of this
3Section shall be provided to the victim within 7 days of the
4receipt of the information by the law enforcement agency having
5jurisdiction.
6    (c) At the time the sexual assault evidence is released for
7testing, the victim shall be provided written information by
8the law enforcement agency having jurisdiction or the hospital
9providing emergency services and forensic services to the
10victim informing him or her of the right to request information
11under subsection (a) of this Section. A victim may designate
12another person or agency to receive this information.
13    (d) The victim or the victim's designee shall keep the law
14enforcement agency having jurisdiction informed of the name,
15address, telephone number, and email address of the person to
16whom the information should be provided, and any changes of the
17name, address, telephone number, and email address, if an email
18address is available.
 
19    Section 105. The Department of State Police Law of the
20Civil Administrative Code of Illinois is amended by changing
21Sections 2605-40 and 2605-300 and by adding Sections 2605-53
22and 2605-98 as follows:
 
23    (20 ILCS 2605/2605-40)  (was 20 ILCS 2605/55a-4)
24    Sec. 2605-40. Division of Forensic Services. The Division

 

 

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1of Forensic Services shall exercise the following functions:
2        (1) Exercise the rights, powers, and duties vested by
3    law in the Department by the Criminal Identification Act.
4        (2) Exercise the rights, powers, and duties vested by
5    law in the Department by Section 2605-300 of this Law.
6        (3) Provide assistance to local law enforcement
7    agencies through training, management, and consultant
8    services.
9        (4) (Blank).
10        (5) Exercise other duties that may be assigned by the
11    Director in order to fulfill the responsibilities and
12    achieve the purposes of the Department.
13        (6) Establish and operate a forensic science
14    laboratory system, including a forensic toxicological
15    laboratory service, for the purpose of testing specimens
16    submitted by coroners and other law enforcement officers in
17    their efforts to determine whether alcohol, drugs, or
18    poisonous or other toxic substances have been involved in
19    deaths, accidents, or illness. Forensic toxicological
20    laboratories shall be established in Springfield, Chicago,
21    and elsewhere in the State as needed.
22        (6.5) Establish administrative rules in order to set
23    forth standardized requirements for the disclosure of
24    toxicology results and other relevant documents related to
25    a toxicological analysis. These administrative rules are
26    to be adopted to produce uniform and sufficient information

 

 

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1    to allow a proper, well-informed determination of the
2    admissibility of toxicology evidence and to ensure that
3    this evidence is presented competently. These
4    administrative rules are designed to provide a minimum
5    standard for compliance of toxicology evidence and is not
6    intended to limit the production and discovery of material
7    information. These administrative rules shall be submitted
8    by the Department of State Police into the rulemaking
9    process under the Illinois Administrative Procedure Act on
10    or before June 30, 2017.
11        (7) Subject to specific appropriations made for these
12    purposes, establish and coordinate a system for providing
13    accurate and expedited forensic science and other
14    investigative and laboratory services to local law
15    enforcement agencies and local State's Attorneys in aid of
16    the investigation and trial of capital cases.
17(Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00; 91-589,
18eff. 1-1-00; 91-760, eff. 1-1-01.)
 
19    (20 ILCS 2605/2605-53 new)
20    Sec. 2605-53. 9-1-1 system; sexual assault and sexual
21abuse.
22    (a) The Office of the Statewide 9-1-1 Administrator, in
23consultation with the Office of the Attorney General and the
24Illinois Law Enforcement Training Standards Board, shall:
25        (1) develop comprehensive guidelines for

 

 

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1    evidence-based, trauma-informed, victim-centered handling
2    of sexual assault or sexual abuse calls by Public Safety
3    Answering Point tele-communicators; and
4        (2) adopt rules and minimum standards for an
5    evidence-based, trauma-informed, victim-centered training
6    curriculum for handling of sexual assault or sexual abuse
7    calls for Public Safety Answering Point tele-communicators
8    ("PSAP").
9    (b) Training requirements:
10        (1) Newly hired PSAP tele-communicators must complete
11    the sexual assault and sexual abuse training curriculum
12    established in subsection (a) of this Section prior to
13    handling emergency calls.
14        (2) All existing PSAP tele-communicators shall
15    complete the sexual assault and sexual abuse training
16    curriculum established in subsection (a) of this Section
17    within 2 years of the effective date of this amendatory Act
18    of the 99th General Assembly.
 
19    (20 ILCS 2605/2605-98 new)
20    Sec. 2605-98. Training; sexual assault and sexual abuse.
21    (a) The Department of State Police shall conduct or approve
22training programs in trauma-informed responses and
23investigations of sexual assault and sexual abuse, which
24include, but is not limited to, the following:
25        (1) recognizing the symptoms of trauma;

 

 

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1        (2) understanding the role trauma has played in a
2    victim's life;
3        (3) responding to the needs and concerns of a victim;
4        (4) delivering services in a compassionate, sensitive,
5    and nonjudgmental manner;
6        (5) interviewing techniques in accordance with the
7    curriculum standards in subsection (f) of this Section;
8        (6) understanding cultural perceptions and common
9    myths of sexual assault and sexual abuse; and
10        (7) report writing techniques in accordance with the
11    curriculum standards in subsection (f) of this Section.
12    (b) This training must be presented in all full and
13part-time basic law enforcement academies on or before July 1,
142018.
15    (c) The Department must present this training to all State
16police officers within 3 years after the effective date of this
17amendatory Act of the 99th General Assembly and must present
18in-service training on sexual assault and sexual abuse response
19and report writing training requirements every 3 years.
20    (d) The Department must provide to all State police
21officers who conduct sexual assault and sexual abuse
22investigations, specialized training on sexual assault and
23sexual abuse investigations within 2 years after the effective
24date of this amendatory Act of the 99th General Assembly and
25must present in-service training on sexual assault and sexual
26abuse investigations to these officers every 3 years.

 

 

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1    (e) Instructors providing this training shall have
2successfully completed training on evidence-based,
3trauma-informed, victim-centered responses to cases of sexual
4assault and sexual abuse and have experience responding to
5sexual assault and sexual abuse cases.
6    (f) The Department shall adopt rules, in consultation with
7the Office of the Illinois Attorney General and the Illinois
8Law Enforcement Training Standards Board, to determine the
9specific training requirements for these courses, including,
10but not limited to, the following:
11        (1) evidence-based curriculum standards for report
12    writing and immediate response to sexual assault and sexual
13    abuse, including trauma-informed, victim-centered
14    interview techniques, which have been demonstrated to
15    minimize retraumatization, for all State police officers;
16    and
17        (2) evidence-based curriculum standards for
18    trauma-informed, victim-centered investigation and
19    interviewing techniques, which have been demonstrated to
20    minimize retraumatization, for cases of sexual assault and
21    sexual abuse for all State Police officers who conduct
22    sexual assault and sexual abuse investigations.
 
23    (20 ILCS 2605/2605-300)  (was 20 ILCS 2605/55a in part)
24    Sec. 2605-300. Records; crime laboratories; personnel. To
25do the following:

 

 

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1        (1) Be a central repository and custodian of criminal
2    statistics for the State.
3        (2) Be a central repository for criminal history record
4    information.
5        (3) Procure and file for record information that is
6    necessary and helpful to plan programs of crime prevention,
7    law enforcement, and criminal justice.
8        (4) Procure and file for record copies of fingerprints
9    that may be required by law.
10        (5) Establish general and field crime laboratories.
11        (6) Register and file for record information that may
12    be required by law for the issuance of firearm owner's
13    identification cards under the Firearm Owners
14    Identification Card Act and concealed carry licenses under
15    the Firearm Concealed Carry Act.
16        (7) Employ polygraph operators, laboratory
17    technicians, and other specially qualified persons to aid
18    in the identification of criminal activity, and may employ
19    polygraph operators.
20        (8) Undertake other identification, information,
21    laboratory, statistical, or registration activities that
22    may be required by law.
23(Source: P.A. 98-63, eff. 7-9-13.)
 
24    Section 107. The Illinois Procurement Code is amended by
25changing Section 1-10 as follows:
 

 

 

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1    (30 ILCS 500/1-10)
2    Sec. 1-10. Application.
3    (a) This Code applies only to procurements for which
4bidders, offerors, potential contractors, or contractors were
5first solicited on or after July 1, 1998. This Code shall not
6be construed to affect or impair any contract, or any provision
7of a contract, entered into based on a solicitation prior to
8the implementation date of this Code as described in Article
999, including but not limited to any covenant entered into with
10respect to any revenue bonds or similar instruments. All
11procurements for which contracts are solicited between the
12effective date of Articles 50 and 99 and July 1, 1998 shall be
13substantially in accordance with this Code and its intent.
14    (b) This Code shall apply regardless of the source of the
15funds with which the contracts are paid, including federal
16assistance moneys. This Code shall not apply to:
17        (1) Contracts between the State and its political
18    subdivisions or other governments, or between State
19    governmental bodies except as specifically provided in
20    this Code.
21        (2) Grants, except for the filing requirements of
22    Section 20-80.
23        (3) Purchase of care.
24        (4) Hiring of an individual as employee and not as an
25    independent contractor, whether pursuant to an employment

 

 

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1    code or policy or by contract directly with that
2    individual.
3        (5) Collective bargaining contracts.
4        (6) Purchase of real estate, except that notice of this
5    type of contract with a value of more than $25,000 must be
6    published in the Procurement Bulletin within 10 calendar
7    days after the deed is recorded in the county of
8    jurisdiction. The notice shall identify the real estate
9    purchased, the names of all parties to the contract, the
10    value of the contract, and the effective date of the
11    contract.
12        (7) Contracts necessary to prepare for anticipated
13    litigation, enforcement actions, or investigations,
14    provided that the chief legal counsel to the Governor shall
15    give his or her prior approval when the procuring agency is
16    one subject to the jurisdiction of the Governor, and
17    provided that the chief legal counsel of any other
18    procuring entity subject to this Code shall give his or her
19    prior approval when the procuring entity is not one subject
20    to the jurisdiction of the Governor.
21        (8) Contracts for services to Northern Illinois
22    University by a person, acting as an independent
23    contractor, who is qualified by education, experience, and
24    technical ability and is selected by negotiation for the
25    purpose of providing non-credit educational service
26    activities or products by means of specialized programs

 

 

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1    offered by the university.
2        (9) Procurement expenditures by the Illinois
3    Conservation Foundation when only private funds are used.
4        (10) Procurement expenditures by the Illinois Health
5    Information Exchange Authority involving private funds
6    from the Health Information Exchange Fund. "Private funds"
7    means gifts, donations, and private grants.
8        (11) Public-private agreements entered into according
9    to the procurement requirements of Section 20 of the
10    Public-Private Partnerships for Transportation Act and
11    design-build agreements entered into according to the
12    procurement requirements of Section 25 of the
13    Public-Private Partnerships for Transportation Act.
14        (12) Contracts for legal, financial, and other
15    professional and artistic services entered into on or
16    before December 31, 2018 by the Illinois Finance Authority
17    in which the State of Illinois is not obligated. Such
18    contracts shall be awarded through a competitive process
19    authorized by the Board of the Illinois Finance Authority
20    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
21    50-35, and 50-37 of this Code, as well as the final
22    approval by the Board of the Illinois Finance Authority of
23    the terms of the contract.
24        (13) The provisions of this paragraph (13), other than
25    this sentence, are inoperative on and after January 1, 2019
26    or 2 years after the effective date of this amendatory Act

 

 

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1    of the 99th General Assembly, whichever is later. Contracts
2    for services, commodities, and equipment to support the
3    delivery of timely forensic science services in
4    consultation with and subject to the approval of the Chief
5    Procurement Officer as provided in subsection (d) of
6    Section 5-4-3a of the Unified Code of Corrections, except
7    for the requirements of Sections 20-60, 20-65, 20-70, and
8    20-160 and Article 50 of this Code; however, the Chief
9    Procurement Officer may, in writing with justification,
10    waive any certification required under Article 50 of this
11    Code. For any contracts for services which are currently
12    provided by members of a collective bargaining agreement,
13    the applicable terms of the collective bargaining
14    agreement concerning subcontracting shall be followed.
15    Notwithstanding any other provision of law, contracts
16entered into under item (12) of this subsection (b) shall be
17published in the Procurement Bulletin within 14 calendar days
18after contract execution. The chief procurement officer shall
19prescribe the form and content of the notice. The Illinois
20Finance Authority shall provide the chief procurement officer,
21on a monthly basis, in the form and content prescribed by the
22chief procurement officer, a report of contracts that are
23related to the procurement of goods and services identified in
24item (12) of this subsection (b). At a minimum, this report
25shall include the name of the contractor, a description of the
26supply or service provided, the total amount of the contract,

 

 

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1the term of the contract, and the exception to the Code
2utilized. A copy of each of these contracts shall be made
3available to the chief procurement officer immediately upon
4request. The chief procurement officer shall submit a report to
5the Governor and General Assembly no later than November 1 of
6each year that shall include, at a minimum, an annual summary
7of the monthly information reported to the chief procurement
8officer.
9    (c) This Code does not apply to the electric power
10procurement process provided for under Section 1-75 of the
11Illinois Power Agency Act and Section 16-111.5 of the Public
12Utilities Act.
13    (d) Except for Section 20-160 and Article 50 of this Code,
14and as expressly required by Section 9.1 of the Illinois
15Lottery Law, the provisions of this Code do not apply to the
16procurement process provided for under Section 9.1 of the
17Illinois Lottery Law.
18    (e) This Code does not apply to the process used by the
19Capital Development Board to retain a person or entity to
20assist the Capital Development Board with its duties related to
21the determination of costs of a clean coal SNG brownfield
22facility, as defined by Section 1-10 of the Illinois Power
23Agency Act, as required in subsection (h-3) of Section 9-220 of
24the Public Utilities Act, including calculating the range of
25capital costs, the range of operating and maintenance costs, or
26the sequestration costs or monitoring the construction of clean

 

 

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1coal SNG brownfield facility for the full duration of
2construction.
3    (f) This Code does not apply to the process used by the
4Illinois Power Agency to retain a mediator to mediate sourcing
5agreement disputes between gas utilities and the clean coal SNG
6brownfield facility, as defined in Section 1-10 of the Illinois
7Power Agency Act, as required under subsection (h-1) of Section
89-220 of the Public Utilities Act.
9    (g) This Code does not apply to the processes used by the
10Illinois Power Agency to retain a mediator to mediate contract
11disputes between gas utilities and the clean coal SNG facility
12and to retain an expert to assist in the review of contracts
13under subsection (h) of Section 9-220 of the Public Utilities
14Act. This Code does not apply to the process used by the
15Illinois Commerce Commission to retain an expert to assist in
16determining the actual incurred costs of the clean coal SNG
17facility and the reasonableness of those costs as required
18under subsection (h) of Section 9-220 of the Public Utilities
19Act.
20    (h) This Code does not apply to the process to procure or
21contracts entered into in accordance with Sections 11-5.2 and
2211-5.3 of the Illinois Public Aid Code.
23    (i) Each chief procurement officer may access records
24necessary to review whether a contract, purchase, or other
25expenditure is or is not subject to the provisions of this
26Code, unless such records would be subject to attorney-client

 

 

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1privilege.
2    (j) This Code does not apply to the process used by the
3Capital Development Board to retain an artist or work or works
4of art as required in Section 14 of the Capital Development
5Board Act.
6    (k) This Code does not apply to the process to procure
7contracts, or contracts entered into, by the State Board of
8Elections or the State Electoral Board for hearing officers
9appointed pursuant to the Election Code.
10(Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502,
11eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12;
1297-895, eff. 8-3-12; 98-90, eff. 7-15-13; 98-463, eff. 8-16-13;
1398-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff.
141-1-15.)
 
15    Section 110. The Illinois Police Training Act is amended by
16changing Section 7 and adding Section 10.19 as follows:
 
17    (50 ILCS 705/7)  (from Ch. 85, par. 507)
18    Sec. 7. Rules and standards for schools. The Board shall
19adopt rules and minimum standards for such schools which shall
20include but not be limited to the following:
21    a. The curriculum for probationary police officers which
22shall be offered by all certified schools shall include but not
23be limited to courses of procedural justice, arrest and use and
24control tactics, search and seizure, including temporary

 

 

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1questioning, civil rights, human rights, human relations,
2cultural competency, including implicit bias and racial and
3ethnic sensitivity, criminal law, law of criminal procedure,
4constitutional and proper use of law enforcement authority,
5vehicle and traffic law including uniform and
6non-discriminatory enforcement of the Illinois Vehicle Code,
7traffic control and accident investigation, techniques of
8obtaining physical evidence, court testimonies, statements,
9reports, firearms training, training in the use of electronic
10control devices, including the psychological and physiological
11effects of the use of those devices on humans, first-aid
12(including cardiopulmonary resuscitation), training in the
13administration of opioid antagonists as defined in paragraph
14(1) of subsection (e) of Section 5-23 of the Alcoholism and
15Other Drug Abuse and Dependency Act, handling of juvenile
16offenders, recognition of mental conditions, including, but
17not limited to, the disease of addiction, which require
18immediate assistance and methods to safeguard and provide
19assistance to a person in need of mental treatment, recognition
20of abuse, neglect, financial exploitation, and self-neglect of
21adults with disabilities and older adults, as defined in
22Section 2 of the Adult Protective Services Act, crimes against
23the elderly, law of evidence, the hazards of high-speed police
24vehicle chases with an emphasis on alternatives to the
25high-speed chase, and physical training. The curriculum shall
26include specific training in techniques for immediate response

 

 

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1to and investigation of cases of domestic violence and of
2sexual assault of adults and children, including cultural
3perceptions and common myths of sexual assault and sexual abuse
4rape as well as interview techniques that are trauma informed,
5victim centered, and victim sensitive. The curriculum shall
6include training in techniques designed to promote effective
7communication at the initial contact with crime victims and
8ways to comprehensively explain to victims and witnesses their
9rights under the Rights of Crime Victims and Witnesses Act and
10the Crime Victims Compensation Act. The curriculum shall also
11include a block of instruction aimed at identifying and
12interacting with persons with autism and other developmental or
13physical disabilities, reducing barriers to reporting crimes
14against persons with autism, and addressing the unique
15challenges presented by cases involving victims or witnesses
16with autism and other developmental disabilities. The
17curriculum for permanent police officers shall include but not
18be limited to (1) refresher and in-service training in any of
19the courses listed above in this subparagraph, (2) advanced
20courses in any of the subjects listed above in this
21subparagraph, (3) training for supervisory personnel, and (4)
22specialized training in subjects and fields to be selected by
23the board. The training in the use of electronic control
24devices shall be conducted for probationary police officers,
25including University police officers.
26    b. Minimum courses of study, attendance requirements and

 

 

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1equipment requirements.
2    c. Minimum requirements for instructors.
3    d. Minimum basic training requirements, which a
4probationary police officer must satisfactorily complete
5before being eligible for permanent employment as a local law
6enforcement officer for a participating local governmental
7agency. Those requirements shall include training in first aid
8(including cardiopulmonary resuscitation).
9    e. Minimum basic training requirements, which a
10probationary county corrections officer must satisfactorily
11complete before being eligible for permanent employment as a
12county corrections officer for a participating local
13governmental agency.
14    f. Minimum basic training requirements which a
15probationary court security officer must satisfactorily
16complete before being eligible for permanent employment as a
17court security officer for a participating local governmental
18agency. The Board shall establish those training requirements
19which it considers appropriate for court security officers and
20shall certify schools to conduct that training.
21    A person hired to serve as a court security officer must
22obtain from the Board a certificate (i) attesting to his or her
23successful completion of the training course; (ii) attesting to
24his or her satisfactory completion of a training program of
25similar content and number of hours that has been found
26acceptable by the Board under the provisions of this Act; or

 

 

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1(iii) attesting to the Board's determination that the training
2course is unnecessary because of the person's extensive prior
3law enforcement experience.
4    Individuals who currently serve as court security officers
5shall be deemed qualified to continue to serve in that capacity
6so long as they are certified as provided by this Act within 24
7months of June 1, 1997 (the effective date of Public Act
889-685) this amendatory Act of 1996. Failure to be so
9certified, absent a waiver from the Board, shall cause the
10officer to forfeit his or her position.
11    All individuals hired as court security officers on or
12after the effective date of this amendatory Act of 1996 shall
13be certified within 12 months of the date of their hire, unless
14a waiver has been obtained by the Board, or they shall forfeit
15their positions.
16    The Sheriff's Merit Commission, if one exists, or the
17Sheriff's Office if there is no Sheriff's Merit Commission,
18shall maintain a list of all individuals who have filed
19applications to become court security officers and who meet the
20eligibility requirements established under this Act. Either
21the Sheriff's Merit Commission, or the Sheriff's Office if no
22Sheriff's Merit Commission exists, shall establish a schedule
23of reasonable intervals for verification of the applicants'
24qualifications under this Act and as established by the Board.
25    g. Minimum in-service training requirements, which a
26police officer must satisfactorily complete every 3 years.

 

 

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1Those requirements shall include constitutional and proper use
2of law enforcement authority, procedural justice, civil
3rights, human rights, and cultural competency.
4    h. Minimum in-service training requirements, which a
5police officer must satisfactorily complete at least annually.
6Those requirements shall include law updates and use of force
7training which shall include scenario based training, or
8similar training approved by the Board.
9(Source: P.A. 98-49, eff. 7-1-13; 98-358, eff. 1-1-14; 98-463,
10eff. 8-16-13; 98-756, eff. 7-16-14; 99-352, eff. 1-1-16;
1199-480, eff. 9-9-15; revised 10-20-15.)
 
12    (50 ILCS 705/10.19 new)
13    Sec. 10.19. Training; sexual assault and sexual abuse.
14    (a) The Illinois Law Enforcement Training Standards Board
15shall conduct or approve training programs in trauma-informed
16responses and investigations of sexual assault and sexual
17abuse, which include, but is not limited to, the following:
18        (1) recognizing the symptoms of trauma;
19        (2) understanding the role trauma has played in a
20    victim's life;
21        (3) responding to the needs and concerns of a victim;
22        (4) delivering services in a compassionate, sensitive,
23    and nonjudgmental manner;
24        (5) interviewing techniques in accordance with the
25    curriculum standards in subsection (f) of this Section;

 

 

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1        (6) understanding cultural perceptions and common
2    myths of sexual assault and sexual abuse; and
3        (7) report writing techniques in accordance with the
4    curriculum standards in subsection (f) of this Section.
5    (b) This training must be presented in all full and
6part-time basic law enforcement academies on or before July 1,
72018.
8    (c) Agencies employing law enforcement officers must
9present this training to all law enforcement officers within 3
10years after the effective date of this amendatory Act of the
1199th General Assembly and must present in-service training on
12sexual assault and sexual abuse response and report writing
13training requirements every 3 years.
14    (d) Agencies employing law enforcement officers who
15conduct sexual assault and sexual abuse investigations must
16provide specialized training to these officers on sexual
17assault and sexual abuse investigations within 2 years after
18the effective date of this amendatory Act of the 99th General
19Assembly and must present in-service training on sexual assault
20and sexual abuse investigations to these officers every 3
21years.
22    (e) Instructors providing this training shall have
23successfully completed training on evidence-based,
24trauma-informed, victim-centered response to cases of sexual
25assault and sexual abuse and have experience responding to
26sexual assault and sexual abuse cases.

 

 

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1    (f) The Board shall adopt rules, in consultation with the
2Office of the Illinois Attorney General and the Department of
3State Police, to determine the specific training requirements
4for these courses, including, but not limited to, the
5following:
6        (1) evidence-based curriculum standards for report
7    writing and immediate response to sexual assault and sexual
8    abuse, including trauma-informed, victim-centered
9    interview techniques, which have been demonstrated to
10    minimize retraumatization, for probationary police
11    officers and all law enforcement officers; and
12        (2) evidence-based curriculum standards for
13    trauma-informed, victim-centered investigation and
14    interviewing techniques, which have been demonstrated to
15    minimize retraumatization, for cases of sexual assault and
16    sexual abuse for law enforcement officers who conduct
17    sexual assault and sexual abuse investigations.
 
18    Section 115. The Sexual Assault Survivors Emergency
19Treatment Act is amended by changing Sections 1a and 6.4 and by
20adding Sections 6.5 and 6.6 as follows:
 
21    (410 ILCS 70/1a)  (from Ch. 111 1/2, par. 87-1a)
22    Sec. 1a. Definitions. In this Act:
23    "Ambulance provider" means an individual or entity that
24owns and operates a business or service using ambulances or

 

 

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1emergency medical services vehicles to transport emergency
2patients.
3    "Areawide sexual assault treatment plan" means a plan,
4developed by the hospitals in the community or area to be
5served, which provides for hospital emergency services to
6sexual assault survivors that shall be made available by each
7of the participating hospitals.
8    "Department" means the Department of Public Health.
9    "Emergency contraception" means medication as approved by
10the federal Food and Drug Administration (FDA) that can
11significantly reduce the risk of pregnancy if taken within 72
12hours after sexual assault.
13    "Follow-up healthcare" means healthcare services related
14to a sexual assault, including laboratory services and pharmacy
15services, rendered within 90 days of the initial visit for
16hospital emergency services.
17    "Forensic services" means the collection of evidence
18pursuant to a statewide sexual assault evidence collection
19program administered by the Department of State Police, using
20the Illinois State Police Sexual Assault Evidence Collection
21Kit.
22    "Health care professional" means a physician, a physician
23assistant, or an advanced practice nurse.
24    "Hospital" has the meaning given to that term in the
25Hospital Licensing Act.
26    "Hospital emergency services" means healthcare delivered

 

 

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1to outpatients within or under the care and supervision of
2personnel working in a designated emergency department of a
3hospital, including, but not limited to, care ordered by such
4personnel for a sexual assault survivor in the emergency
5department.
6    "Illinois State Police Sexual Assault Evidence Collection
7Kit" means a prepackaged set of materials and forms to be used
8for the collection of evidence relating to sexual assault. The
9standardized evidence collection kit for the State of Illinois
10shall be the Illinois State Police Sexual Assault Evidence
11Collection Kit.
12    "Law enforcement agency having jurisdiction" means the law
13enforcement agency in the jurisdiction where an alleged sexual
14assault or sexual abuse occurred.
15    "Nurse" means a nurse licensed under the Nurse Practice
16Act.
17    "Physician" means a person licensed to practice medicine in
18all its branches.
19    "Sexual assault" means an act of nonconsensual sexual
20conduct or sexual penetration, as defined in Section 11-0.1 of
21the Criminal Code of 2012, including, without limitation, acts
22prohibited under Sections 11-1.20 through 11-1.60 of the
23Criminal Code of 2012.
24    "Sexual assault survivor" means a person who presents for
25hospital emergency services in relation to injuries or trauma
26resulting from a sexual assault.

 

 

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1    "Sexual assault transfer plan" means a written plan
2developed by a hospital and approved by the Department, which
3describes the hospital's procedures for transferring sexual
4assault survivors to another hospital in order to receive
5emergency treatment.
6    "Sexual assault treatment plan" means a written plan
7developed by a hospital that describes the hospital's
8procedures and protocols for providing hospital emergency
9services and forensic services to sexual assault survivors who
10present themselves for such services, either directly or
11through transfer from another hospital.
12    "Transfer services" means the appropriate medical
13screening examination and necessary stabilizing treatment
14prior to the transfer of a sexual assault survivor to a
15hospital that provides hospital emergency services and
16forensic services to sexual assault survivors pursuant to a
17sexual assault treatment plan or areawide sexual assault
18treatment plan.
19    "Voucher" means a document generated by a hospital at the
20time the sexual assault survivor receives hospital emergency
21and forensic services that a sexual assault survivor may
22present to providers for follow-up healthcare.
23(Source: P.A. 99-454, eff. 1-1-16.)
 
24    (410 ILCS 70/6.4)  (from Ch. 111 1/2, par. 87-6.4)
25    Sec. 6.4. Sexual assault evidence collection program.

 

 

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1    (a) There is created a statewide sexual assault evidence
2collection program to facilitate the prosecution of persons
3accused of sexual assault. This program shall be administered
4by the Illinois State Police. The program shall consist of the
5following: (1) distribution of sexual assault evidence
6collection kits which have been approved by the Illinois State
7Police to hospitals that request them, or arranging for such
8distribution by the manufacturer of the kits, (2) collection of
9the kits from hospitals after the kits have been used to
10collect evidence, (3) analysis of the collected evidence and
11conducting of laboratory tests, (4) maintaining the chain of
12custody and safekeeping of the evidence for use in a legal
13proceeding, and (5) the comparison of the collected evidence
14with the genetic marker grouping analysis information
15maintained by the Department of State Police under Section
165-4-3 of the Unified Code of Corrections and with the
17information contained in the Federal Bureau of Investigation's
18National DNA database; provided the amount and quality of
19genetic marker grouping results obtained from the evidence in
20the sexual assault case meets the requirements of both the
21Department of State Police and the Federal Bureau of
22Investigation's Combined DNA Index System (CODIS) policies.
23The standardized evidence collection kit for the State of
24Illinois shall be the Illinois State Police Sexual Assault
25Evidence Kit and shall include a written consent form
26authorizing law enforcement to test the sexual assault evidence

 

 

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1and to provide law enforcement with details of the sexual
2assault. A sexual assault evidence collection kit may not be
3released by a hospital without the written consent of the
4sexual assault survivor. In the case of a survivor who is a
5minor 13 years of age or older, evidence and information
6concerning the sexual assault may be released at the written
7request of the minor. If the survivor is a minor who is under
813 years of age, evidence and information concerning the
9alleged sexual assault may be released at the written request
10of the parent, guardian, investigating law enforcement
11officer, or Department of Children and Family Services. If the
12survivor is an adult who has a guardian of the person, a health
13care surrogate, or an agent acting under a health care power of
14attorney, then consent of the guardian, surrogate, or agent is
15not required to release evidence and information concerning the
16sexual assault. If the adult is unable to provide consent for
17the release of evidence and information and a guardian,
18surrogate, or agent under a health care power of attorney is
19unavailable or unwilling to release the information, then an
20investigating law enforcement officer may authorize the
21release. Any health care professional, including any
22physician, advanced practice nurse, physician assistant, or
23nurse, sexual assault nurse examiner, and any health care
24institution, including any hospital, who provides evidence or
25information to a law enforcement officer pursuant to a written
26request as specified in this Section is immune from any civil

 

 

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1or professional liability that might arise from those actions,
2with the exception of willful or wanton misconduct. The
3immunity provision applies only if all of the requirements of
4this Section are met.
5    (a-5) (Blank).
6    (b) The Illinois State Police shall administer a program to
7train hospitals and hospital personnel participating in the
8sexual assault evidence collection program, in the correct use
9and application of the sexual assault evidence collection kits.
10A sexual assault nurse examiner may conduct examinations using
11the sexual assault evidence collection kits, without the
12presence or participation of a physician. The Department shall
13cooperate with the Illinois State Police in this program as it
14pertains to medical aspects of the evidence collection.
15    (c) In this Section, "sexual assault nurse examiner" means
16a registered nurse who has completed a sexual assault nurse
17examiner (SANE) training program that meets the Forensic Sexual
18Assault Nurse Examiner Education Guidelines established by the
19International Association of Forensic Nurses.
20(Source: P.A. 95-331, eff. 8-21-07; 95-432, eff. 1-1-08;
2196-318, eff. 1-1-10; 96-1011, eff. 9-1-10.)
 
22    (410 ILCS 70/6.5 new)
23    Sec. 6.5. Written consent to the release of sexual assault
24evidence for testing.
25    (a) Upon the completion of hospital emergency services and

 

 

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1forensic services, the health care professional providing the
2forensic services shall provide the patient the opportunity to
3sign a written consent to allow law enforcement to submit the
4sexual assault evidence for testing. The written consent shall
5be on a form included in the sexual assault evidence collection
6kit and shall include whether the survivor consents to the
7release of information about the sexual assault to law
8enforcement.
9        (1) A survivor 13 years of age or older may sign the
10    written consent to release the evidence for testing.
11        (2) If the survivor is a minor who is under 13 years of
12    age, the written consent to release the sexual assault
13    evidence for testing may be signed by the parent, guardian,
14    investigating law enforcement officer, or Department of
15    Children and Family Services.
16        (3) If the survivor is an adult who has a guardian of
17    the person, a health care surrogate, or an agent acting
18    under a health care power of attorney, the consent of the
19    guardian, surrogate, or agent is not required to release
20    evidence and information concerning the sexual assault or
21    sexual abuse. If the adult is unable to provide consent for
22    the release of evidence and information and a guardian,
23    surrogate, or agent under a health care power of attorney
24    is unavailable or unwilling to release the information,
25    then an investigating law enforcement officer may
26    authorize the release.

 

 

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1        (4) Any health care professional, including any
2    physician, advanced practice nurse, physician assistant,
3    or nurse, sexual assault nurse examiner, and any health
4    care institution, including any hospital, who provides
5    evidence or information to a law enforcement officer under
6    a written consent as specified in this Section is immune
7    from any civil or professional liability that might arise
8    from those actions, with the exception of willful or wanton
9    misconduct. The immunity provision applies only if all of
10    the requirements of this Section are met.
11    (b) The hospital shall keep a copy of a signed or unsigned
12written consent form in the patient's medical record.
13    (c) If a written consent to allow law enforcement to test
14the sexual assault evidence is not signed at the completion of
15hospital emergency services and forensic services, the
16hospital shall include the following information in its
17discharge instructions:
18        (1) the sexual assault evidence will be stored for 5
19    years from the completion of an Illinois State Police
20    Sexual Assault Evidence Collection Kit, or 5 years from the
21    age of 18 years, whichever is longer;
22        (2) a person authorized to consent to the testing of
23    the sexual assault evidence may sign a written consent to
24    allow law enforcement to test the sexual assault evidence
25    at any time during that 5-year period for an adult victim,
26    or until a minor victim turns 23 years of age by (A)

 

 

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1    contacting the law enforcement agency having jurisdiction,
2    or if unknown, the law enforcement agency contacted by the
3    hospital under Section 3.2 of the Criminal Identification
4    Act; or (B) by working with an advocate at a rape crisis
5    center;
6        (3) the name, address, and phone number of the law
7    enforcement agency having jurisdiction, or if unknown the
8    name, address, and phone number of the law enforcement
9    agency contacted by the hospital under Section 3.2 of the
10    Criminal Identification Act; and
11        (4) the name and phone number of a local rape crisis
12    center.
 
13    (410 ILCS 70/6.6 new)
14    Sec. 6.6. Submission of sexual assault evidence.
15    (a) As soon as practicable, but in no event more than 4
16hours after the completion of hospital emergency services and
17forensic services, the hospital shall make reasonable efforts
18to determine the law enforcement agency having jurisdiction
19where the sexual assault occurred. The hospital may obtain the
20name of the law enforcement agency with jurisdiction from the
21local law enforcement agency.
22    (b) Within 4 hours after the completion of hospital
23emergency services and forensic services, the hospital shall
24notify the law enforcement agency having jurisdiction that the
25hospital is in possession of sexual assault evidence and the

 

 

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1date and time the collection of evidence was completed. The
2hospital shall document the notification in the patient's
3medical records and shall include the agency notified, the date
4and time of the notification and the name of the person who
5received the notification. This notification to the law
6enforcement agency having jurisdiction satisfies the
7hospital's requirement to contact its local law enforcement
8agency under Section 3.2 of the Criminal Identification Act.
9    (c) If the law enforcement agency having jurisdiction has
10not taken physical custody of sexual assault evidence within 5
11days of the first contact by the hospital, the hospital shall
12re-notify the law enforcement agency having jurisdiction that
13the hospital is in possession of sexual assault evidence and
14the date the sexual assault evidence was collected. The
15hospital shall document the re-notification in the patient's
16medical records and shall include the agency notified, the date
17and time of the notification and the name of the person who
18received the notification.
19    (d) If the law enforcement agency having jurisdiction has
20not taken physical custody of the sexual assault evidence
21within 10 days of the first contact by the hospital and the
22hospital has provided renotification under subsection (c) of
23this Section, the hospital shall contact the State's Attorney
24of the county where the law enforcement agency having
25jurisdiction is located. The hospital shall inform the State's
26Attorney that the hospital is in possession of sexual assault

 

 

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1evidence, the date the sexual assault evidence was collected,
2the law enforcement agency having jurisdiction, the dates,
3times and names of persons notified under subsections (b) and
4(c) of this Section. The notification shall be made within 14
5days of the collection of the sexual assault evidence.
 
6    Section 120. The Sexual Assault Evidence Submission Act is
7amended by changing Section 10 as follows:
 
8    (725 ILCS 202/10)
9    Sec. 10. Submission of evidence. Law enforcement agencies
10that receive sexual assault evidence that the victim of a
11sexual assault or sexual abuse or a person authorized under
12Section 6.5 of the Sexual Assault Survivors Emergency Treatment
13Act has consented to allow law enforcement to test in
14connection with the investigation of a criminal case on or
15after the effective date of this Act must submit evidence from
16the case within 10 business days of receipt of the consent to
17test to a Department of State Police forensic laboratory or a
18laboratory approved and designated by the Director of State
19Police. The written report required under Section 20 of the
20Sexual Assault Incident Procedure Act shall include the date
21and time the sexual assault evidence was picked up from the
22hospital, the date consent to test the sexual assault evidence
23was given, and the date and time the sexual assault evidence
24was sent to the laboratory. Sexual assault evidence received by

 

 

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1a law enforcement agency within 30 days prior to the effective
2date of this Act shall be submitted pursuant to this Section.
3(Source: P.A. 96-1011, eff. 9-1-10.)
 
4    Section 125. The Unified Code of Corrections is amended by
5changing Section 5-4-3a as follows:
 
6    (730 ILCS 5/5-4-3a)
7    Sec. 5-4-3a. DNA testing backlog accountability.
8    (a) On or before August 1 of each year, the Department of
9State Police shall report to the Governor and both houses of
10the General Assembly the following information:
11        (1) the extent of the backlog of cases awaiting testing
12    or awaiting DNA analysis by that Department, including but
13    not limited to those tests conducted under Section 5-4-3,
14    as of June 30 of the previous fiscal year, with the backlog
15    being defined as all cases awaiting forensic testing
16    whether in the physical custody of the State Police or in
17    the physical custody of local law enforcement, provided
18    that the State Police have written notice of any evidence
19    in the physical custody of local law enforcement prior to
20    June 1 of that year; and
21        (2) what measures have been and are being taken to
22    reduce that backlog and the estimated costs or expenditures
23    in doing so.
24    (b) The information reported under this Section shall be

 

 

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1made available to the public, at the time it is reported, on
2the official web site of the Department of State Police.
3    (c) Beginning January 1, 2016, the Department of State
4Police shall quarterly report on the status of the processing
5of forensic biology and DNA evidence submitted to the
6Department of State Police Laboratory for analysis. The report
7shall be submitted to the Governor and the General Assembly,
8and shall be posted on the Department of State Police website.
9The report shall include the following for each State Police
10Laboratory location and any laboratory to which the Department
11of State Police has outsourced evidence for testing:
12        (1) For forensic biology submissions, report both
13    total case and sexual assault or abuse case (as defined by
14    the Sexual Assault Evidence Submission Act) figures for:
15            (A) The number of cases received in the preceding
16        quarter.
17            (B) The number of cases completed in the preceding
18        quarter.
19            (C) The number of cases waiting analysis.
20            (D) The number of cases sent for outsourcing.
21            (E) The number of cases waiting analysis that were
22        received within the past 30 days.
23            (F) The number of cases waiting analysis that were
24        received 31 to 90 days prior.
25            (G) The number of cases waiting analysis that were
26        received 91 to 180 days prior.

 

 

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1            (H) The number of cases waiting analysis that were
2        received 181 to 365 days prior.
3            (I) The number of cases waiting analysis that were
4        received more than 365 days prior.
5            (J) The number of cases forwarded for DNA analyses.
6        (2) For DNA submissions, report both total case and
7    sexual assault or abuse case (as defined by the Sexual
8    Assault Evidence Submission Act) figures for:
9            (A) The number of cases received in the preceding
10        quarter.
11            (B) The number of cases completed in the preceding
12        quarter.
13            (C) The number of cases waiting analysis.
14            (D) The number of cases sent for outsourcing.
15            (E) The number of cases waiting analysis that were
16        received within the past 30 days.
17            (F) The number of cases waiting analysis that were
18        received 31 to 90 days prior.
19            (G) The number of cases waiting analysis that were
20        received 91 to 180 days prior.
21            (H) The number of cases waiting analysis that were
22        received 181 to 365 days prior.
23            (I) The number of cases waiting analysis that were
24        received more than 365 days prior.
25        (3) For all other categories of testing (e.g., drug
26    chemistry, firearms/toolmark, footwear/tire track, latent

 

 

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1    prints, toxicology, and trace chemistry analysis):
2            (A) The number of cases received in the preceding
3        quarter.
4            (B) The number of cases completed in the preceding
5        quarter.
6            (C) The number of cases waiting analysis.
7        (4) For the Combined DNA Index System (CODIS), report
8    both total case and sexual assault or abuse case (as
9    defined by the Sexual Assault Evidence Submission Act)
10    figures for subparagraphs (D), (E), and (F) of this
11    paragraph (4):
12            (A) The number of new offender samples received in
13        the preceding quarter.
14            (B) The number of offender samples uploaded to
15        CODIS in the preceding quarter.
16            (C) The number of offender samples awaiting
17        analysis.
18            (D) The number of unknown DNA case profiles
19        uploaded to CODIS in the preceding quarter.
20            (E) The number of CODIS hits in the preceding
21        quarter.
22            (F) The number of forensic evidence submissions
23        submitted to confirm a previously reported CODIS hit.
24        (5) For each category of testing, report the number of
25    trained forensic scientists and the number of forensic
26    scientists in training.

 

 

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1    As used in this subsection (c), "completed" means
2completion of both the analysis of the evidence and the
3provision of the results to the submitting law enforcement
4agency.
5    (d) The provisions of this subsection (d), other than this
6sentence, are inoperative on and after January 1, 2019 or 2
7years after the effective date of this amendatory Act of the
899th General Assembly, whichever is later. In consultation with
9and subject to the approval of the Chief Procurement Officer,
10the Department of State Police may obtain contracts for
11services, commodities, and equipment to assist in the timely
12completion of forensic biology, DNA, drug chemistry,
13firearms/toolmark, footwear/tire track, latent prints,
14toxicology, microscopy, trace chemistry, and Combined DNA
15Index System (CODIS) analysis. Contracts to support the
16delivery of timely forensic science services are not subject to
17the provisions of the Illinois Procurement Code, except for
18Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that
19Code, provided that the Chief Procurement Officer may, in
20writing with justification, waive any certification required
21under Article 50 of the Illinois Procurement Code. For any
22contracts for services which are currently provided by members
23of a collective bargaining agreement, the applicable terms of
24the collective bargaining agreement concerning subcontracting
25shall be followed.
26(Source: P.A. 99-352, eff. 1-1-16.)