Rep. Litesa E. Wallace

Filed: 4/21/2017

 

 


 

 


 
10000HB0270ham004LRB100 04388 SLF 25119 a

1
AMENDMENT TO HOUSE BILL 270

2    AMENDMENT NO. ______. Amend House Bill 270, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This Act may be cited as the Law
6Enforcement Criminal Sexual Assault Investigation Act.
 
7    Section 5. Definitions. As used in this Act:
8    "Law enforcement agency" means an agency of this State or
9unit of local government which is vested by law or ordinance
10with the duty to maintain public order and to enforce criminal
11laws or ordinances.
12    "Law enforcement officer" or "officer" means any person
13employed by a State, county, or municipality as a policeman,
14peace officer, or in a like position involving the enforcement
15of the law and protection of public interest at the risk of the
16person's life.

 

 

10000HB0270ham004- 2 -LRB100 04388 SLF 25119 a

1    "Officer-involved criminal sexual assault" means an
2alleged violation of Section 11-1.20, 11-1.30, 11-1.40,
311-1.50, or 11-1.60 of the Criminal Code of 2012 while an
4officer is on duty.
 
5    Section 10. Investigation of officer-involved criminal
6assault; requirements.
7    (a) Each law enforcement agency shall have a written policy
8regarding the investigation of officer-involved criminal
9sexual assault that involves a law enforcement officer employed
10by that law enforcement agency.
11    (b) Each officer-involved criminal sexual assault
12investigation shall be conducted by at least 2 investigators or
13an entity comprised of at least 2 investigators, one of whom
14shall be the lead investigator. The investigators shall have
15completed a specialized sexual assault and sexual abuse
16investigation training program approved by the Illinois Law
17Enforcement Training Standards Board or similar training
18approved by the Department of State Police. No investigator
19involved in the investigation may be employed by the law
20enforcement agency that employs the officer involved in the
21officer-involved criminal sexual assault, unless the
22investigator is employed by the Department of State Police and
23is not assigned to the same division or unit as the officer
24involved in the criminal sexual assault.
 

 

 

10000HB0270ham004- 3 -LRB100 04388 SLF 25119 a

1    Section 15. Intra-agency investigations. This Act does not
2prohibit a law enforcement agency from conducting an internal
3investigation into the officer-involved criminal sexual
4assault if the internal investigation does not interfere with
5the investigation conducted under the requirements of Section
610 of this Act.
 
7    Section 20. Compensation for investigations. Compensation
8for participation in an investigation of an officer-involved
9criminal sexual assault under Section 10 of this Act may be
10determined in an intergovernmental or interagency agreement.
 
11    Section 99. Effective date. This Act takes effect January
121, 2018.".