HB0528eng 100TH GENERAL ASSEMBLY

HB0528 Engrossed LRB100 04273 SLF 14279 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 Sexual Assault Evidence Submission Act is amended by changing Section 5 and by adding Section 43 as follows:

(725 ILCS 202/5)

Sec. 5. Definitions. In this Act:

"Commission" means the Sexual Assault Evidence Tracking and Reporting Commission.

"Department" means the Department of State Police or Illinois State Police.

"Law enforcement agencies" means local, county, State or federal law enforcement agencies involved in the investigation of sexual assault cases in Illinois.

"Sexual assault evidence" means evidence collected in connection with a sexual assault investigation, including, but not limited to, evidence collected using the State Police Evidence Collection Kits.

(Source: P.A. 96-1011, eff. 9-1-10.)

(725 ILCS 202/43 new)

Sec. 43. Sexual Assault Evidence Tracking and Reporting Commission.

(a) The Sexual Assault Evidence Tracking and Reporting Commission is created to research and develop a plan to create and implement a statewide mechanism to track and report sexual assault evidence information. The Commission shall consist of the following members:

(1) one member of the House of Representatives, appointed by the Speaker of the House of Representatives;

(2) one member of the House of Representatives, appointed by the Minority Leader of the House of Representatives;

(3) one member of the Senate, appointed by the President of the Senate;

(4) one member of the Senate, appointed by the Minority Leader of the Senate;

(5) the Attorney General, or his or her designee;

(6) the Director of State Police, or his or her designee;

(7) the Superintendent of the Chicago Police Department, or his or her designee;

(8) the Director of a statewide organization representing sheriffs of this State;

(9) the Director of a statewide organization representing chiefs of police of this State;

(10) a representative of a statewide organization against sexual assault, appointed by the Speaker of the House of Representatives;

(11) a representative of the Illinois State's Attorneys Association, appointed by the Minority Leader of the House of Representatives;

(12) a representative of a statewide organization representing hospitals of this State appointed by the Senate President; and

(13) a representative of Illinois Sexual Assault Nurse Examiners appointed by the Senate Minority Leader.

(b) The members appointed to the Commission under subsection (a) of this Section shall be appointed within 60 days after the effective date of this amendatory Act of the 100th General Assembly.

(c) The first meeting of the Commission shall be called by the Director of the Department, or his or her designee, no later than 30 days after all the members of the Commission have been appointed. At the first meeting, the Commission shall elect from its members a chairperson and other officers as it considers necessary or appropriate.

(d) The members of the Commission shall serve without compensation.

(e) The Department shall provide administrative and other support to the Commission.

(f) The Commission shall within one year of its initial meeting:

(1) research options to create a tracking system and develop guidelines and a plan to implement a uniform statewide system to track the location, lab submission status, completion of forensic testing, and storage of sexual assault evidence;

(2) develop guidelines and a plan to implement a system with secure electronic access that allows a victim, or his or her designee, to access or receive information about the location, lab submission status, and storage of sexual assault evidence that was gathered from him or her, provided that the disclosure does not impede or compromise an ongoing investigation;

(3) develop guidelines and a plan to safeguard confidentiality and limited disclosure of the information contained in the statewide system;

(4) recommend sources of public and private funding to implement the plans developed under this subsection (f);

(5) recommend changes to law or policy required to support the implementation of the plans developed under this subsection (f); and

(6) report its findings and recommendations to submit any and all proposed legislation to the Governor and General Assembly.

(g) This Section is repealed on January 1, 2019.

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