| ![](/https/www.ilga.gov/images/1ptrans.gif) |
Public Act 096-1011
Public Act 1011 96TH GENERAL ASSEMBLY
|
Public Act 096-1011 |
SB3269 Enrolled |
LRB096 20396 RLC 36042 b |
|
| AN ACT concerning sexual assault evidence.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 1. Short title. This Act may be cited as the Sexual | Assault Evidence Submission Act. | Section 5. Definitions. In this Act: | "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.
| Section 10. Submission of evidence. Law enforcement | agencies that receive sexual assault evidence in connection | with the investigation of a criminal case on or after the | effective date of this Act must submit evidence from the case | within 10 business days of receipt to a Department of State | Police forensic laboratory or a laboratory approved and | designated by the Director of State Police. Sexual assault |
| evidence received by a law enforcement agency within 30 days | prior to the effective date of this Act shall be submitted | pursuant to this Section. | Section 15. Analysis of evidence. All sexual assault | evidence submitted pursuant to Section 10 of this Act on or | after the effective date of this Act shall be analyzed within 6 | months after receipt of all necessary evidence and standards by | the State Police Laboratory or other designated laboratory if | sufficient staffing and resources are available. | Section 20. Inventory of evidence. By October 15, 2010, | each Illinois law enforcement agency shall provide written | notice to the Department of State Police, in a form and manner | prescribed by the Department, stating the number of sexual | assault cases in the custody of the law enforcement agency that | have not been previously submitted to a laboratory for | analysis. Within 180 days after the effective date of this Act, | appropriate arrangements shall be made between the law | enforcement agency and the Department of State Police, or a | laboratory approved and designated by the Director of State | Police, to ensure that all cases that were collected prior to | the effective date of this Act and are, or were at the time of | collection, the subject of a criminal investigation, are | submitted to the Department of State Police, or a laboratory | approved and designated by the Director of State Police. By |
| February 15, 2011, the Department of State Police shall submit | to the Governor, the Attorney General, and both houses of the | General Assembly a plan for analyzing cases submitted pursuant | to this Section. The plan shall include but not be limited to a | timeline for completion of analysis and a summary of the | inventory received, as well as requests for funding and | resources necessary to meet the established timeline. Should | the Department determine it is necessary to outsource the | forensic testing of the cases submitted in accordance with this | Section, all such cases will be exempt from the provisions of | subsection (n) of Section 5-4-3 of the Unified Code of | Corrections. | Section 25. Failure of a law enforcement agency to submit | the sexual assault evidence. The failure of a law enforcement | agency to submit the sexual assault evidence collected on or | after the effective date of this Act within 10 business days | after receipt shall in no way alter the authority of the law | enforcement agency to submit the evidence or the authority of | the Department of State Police forensic laboratory or | designated laboratory to accept and analyze the evidence or | specimen or to maintain or upload the results of genetic marker | grouping analysis information into a local, State, or national | database in accordance with established protocol. | Section 30. Required certification. Each submission of |
| sexual assault evidence submitted for analysis pursuant to this | Act shall be accompanied by the following signed certification: | "This evidence is being submitted by (name of investigating | law enforcement agency) in connection with a prior or current | criminal investigation." | Section 35. Expungement. If the Department receives | written confirmation from the investigating law enforcement | agency or State's Attorney's office that a DNA record that has | been uploaded pursuant to this Act into a local, State or | national DNA database was not connected to a criminal | investigation, the DNA record shall be expunged from the DNA | database and the Department shall, by rule, prescribe | procedures to ensure that written confirmation is sent to the | submitting law enforcement agency verifying the expungement.
| Section 40. Failure to expunge. The failure to expunge a | DNA record or strictly comply with the provisions of Section 35 | of this Act shall not be grounds for challenging the validity | of a database match or database information, and evidence based | upon or derived from the DNA record may not be excluded by a | court. | Section 45. Rules. The Department of State Police shall | promulgate rules that prescribe the procedures for the | operation of this Act, including expunging a DNA record. |
| Section 90. The Sexual Assault Survivors Emergency | Treatment Act is amended by changing Section 6.4 as follows:
| (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
| Sec. 6.4. Sexual assault evidence collection program.
| (a) There is created a statewide sexual assault evidence | collection program
to facilitate the prosecution of persons | accused of sexual assault. This
program shall be administered | by the Illinois
State Police. The program shall
consist of the | following: (1) distribution of sexual assault evidence
| collection kits which have been approved by the Illinois
State | Police to hospitals that request them, or arranging for
such | distribution by the manufacturer of the kits, (2) collection of | the kits
from hospitals after the kits have been used to | collect
evidence, (3) analysis of the collected evidence and | conducting of laboratory
tests, (4) maintaining the chain of | custody and safekeeping of the evidence
for use in a legal | proceeding, and (5) the comparison of the collected evidence | with the genetic marker grouping analysis information | maintained by the Department of State Police under Section | 5-4-3 of the Unified Code of Corrections and with the | information contained in the Federal Bureau of Investigation's | National DNA database; provided the amount and quality of | genetic marker grouping results obtained from the evidence in | the sexual assault case meets the requirements of both the |
| Department of State Police and the Federal Bureau of | Investigation's Combined DNA Index System (CODIS) policies. | The standardized evidence collection kit for
the State of | Illinois shall be the Illinois State Police Sexual Assault | Evidence Kit.
A sexual assault evidence collection kit may not | be released by a hospital
without the written consent of the | sexual assault survivor. In the case of a
survivor who is a | minor 13 years of age or older, evidence and
information | concerning the sexual assault may be released at the
written | request of the minor. If the survivor is a minor who is under | 13 years
of age, evidence and information concerning the | alleged sexual assault may be
released at the written request | of the parent, guardian, investigating law
enforcement | officer, or Department of Children and Family Services. If the | survivor is an adult who has a guardian of the person, a health | care surrogate, or an agent acting under a health care power of | attorney, then consent of the guardian, surrogate, or agent is | not required to release evidence and information concerning the | sexual assault. If the adult is unable to provide consent for | the release of evidence and information and a guardian, | surrogate, or agent under a health care power of attorney is | unavailable or unwilling to release the information, then an | investigating law enforcement officer may authorize the | release. Any health
care professional, including any | physician, advanced practice nurse, physician assistant, or | nurse, sexual assault nurse
examiner, and any health care
|
| institution, including any hospital, who provides evidence or | information to a
law enforcement officer pursuant to a written | request as specified in this
Section is immune from any civil | or professional liability that might arise
from those actions, | with the exception of willful or wanton misconduct. The
| immunity provision applies only if all of the requirements of | this Section are
met.
| (a-5) (Blank). All sexual assault evidence collected using | the State Police Evidence Collection Kits before January 1, | 2005 (the effective date of Public Act 93-781) that have not | been previously analyzed and tested by the Department of State | Police shall be analyzed and tested within 2 years after | receipt of all necessary evidence and standards into the State | Police Laboratory if sufficient staffing and resources are | available. All sexual assault evidence collected using the | State Police Evidence Collection Kits on or after January 1, | 2005 (the effective date of Public Act 93-781) shall be | analyzed and tested by the Department of State Police within | one year after receipt of all necessary evidence and standards | into the State Police Laboratory if sufficient staffing and | resources are available.
| (b) The Illinois State Police shall administer a program to | train hospitals
and hospital personnel participating in the | sexual assault evidence collection
program, in the correct use | and application of the sexual assault evidence
collection kits. | A sexual assault nurse examiner may conduct
examinations using |
| the sexual assault evidence collection kits, without the
| presence or participation of a physician. The Department
shall
| cooperate with the Illinois State Police in this
program as it | pertains to medical aspects of the evidence collection.
| (c) In this Section, "sexual assault nurse examiner" means | a registered
nurse
who has completed a sexual assault nurse | examiner (SANE) training program that
meets the Forensic Sexual | Assault Nurse Examiner Education Guidelines
established by the | International Association of Forensic Nurses.
| (Source: P.A. 95-331, eff. 8-21-07; 95-432, eff. 1-1-08; | 96-318, eff. 1-1-10.)
| Section 99. Effective date. This Act takes effect September | 1, 2010. |
Effective Date: 9/1/2010
|
|
|