HB0528ham001 100TH GENERAL ASSEMBLY

Rep. Margo McDermed

Filed: 2/22/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 528

2    AMENDMENT NO. ______. Amend House Bill 528 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Sexual Assault Evidence Submission Act is
5amended by changing Section 5 and by adding Section 43 as
6follows:
 
7    (725 ILCS 202/5)
8    Sec. 5. Definitions. In this Act:
9    "Commission" means the Sexual Assault Evidence Tracking
10and Reporting Commission.
11    "Department" means the Department of State Police or
12Illinois State Police.
13    "Law enforcement agencies" means local, county, State or
14federal law enforcement agencies involved in the investigation
15of sexual assault cases in Illinois.
16    "Sexual assault evidence" means evidence collected in

 

 

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1connection with a sexual assault investigation, including, but
2not limited to, evidence collected using the State Police
3Evidence Collection Kits.
4(Source: P.A. 96-1011, eff. 9-1-10.)
 
5    (725 ILCS 202/43 new)
6    Sec. 43. Sexual Assault Evidence Tracking and Reporting
7Commission.
8    (a) The Sexual Assault Evidence Tracking and Reporting
9Commission is created to research and develop a plan to create
10and implement a statewide mechanism to track and report sexual
11assault evidence information. The Commission shall consist of
12the following members:
13        (1) one member of the House of Representatives,
14    appointed by the Speaker of the House of Representatives;
15        (2) one member of the House of Representatives,
16    appointed by the Minority Leader of the House of
17    Representatives;
18        (3) one member of the Senate, appointed by the
19    President of the Senate;
20        (4) one member of the Senate, appointed by the Minority
21    Leader of the Senate;
22        (5) the Attorney General, or his or her designee;
23        (6) the Director of State Police, or his or her
24    designee;
25        (7) the Superintendent of the Chicago Police

 

 

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1    Department, or his or her designee;
2        (8) the Director of a statewide organization
3    representing sheriffs of this State;
4        (9) the Director of a statewide organization
5    representing chiefs of police of this State;
6        (10) a representative of a statewide organization
7    against sexual assault, appointed by the Speaker of the
8    House of Representatives;
9        (11) a representative of the Illinois State's
10    Attorneys Association, appointed by the Minority Leader of
11    the House of Representatives;
12        (12) a representative of a statewide organization
13    representing hospitals of this State appointed by the
14    Senate President; and
15        (13) a representative of Illinois Sexual Assault Nurse
16    Examiners appointed by the Senate Minority Leader.
17    (b) The members appointed to the Commission under
18subsection (a) of this Section shall be appointed within 60
19days after the effective date of this amendatory Act of the
20100th General Assembly.
21    (c) The first meeting of the Commission shall be called by
22the Director of the Department, or his or her designee, no
23later than 30 days after all the members of the Commission have
24been appointed. At the first meeting, the Commission shall
25elect from its members a chairperson and other officers as it
26considers necessary or appropriate.

 

 

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1    (d) The members of the Commission shall serve without
2compensation.
3    (e) The Department shall provide administrative and other
4support to the Commission.
5    (f) The Commission shall within one year of its initial
6meeting:
7        (1) research options to create a tracking system and
8    develop guidelines and a plan to implement a uniform
9    statewide system to track the location, lab submission
10    status, completion of forensic testing, and storage of
11    sexual assault evidence;
12        (2) develop guidelines and a plan to implement a system
13    with secure electronic access that allows a victim, or his
14    or her designee, to access or receive information about the
15    location, lab submission status, and storage of sexual
16    assault evidence that was gathered from him or her,
17    provided that the disclosure does not impede or compromise
18    an ongoing investigation;
19        (3) develop guidelines and a plan to safeguard
20    confidentiality and limited disclosure of the information
21    contained in the statewide system;
22        (4) recommend sources of public and private funding to
23    implement the plans developed under this subsection (f);
24        (5) recommend changes to law or policy required to
25    support the implementation of the plans developed under
26    this subsection (f); and

 

 

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1        (6) report its findings and recommendations to submit
2    any and all proposed legislation to the Governor and
3    General Assembly.
4    (g) This Section is repealed on January 1, 2019.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".