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 Bill Status of HB0270  100th General Assembly


Short Description:  INVESTIGATIONS OF POLICE

House Sponsors
Rep. Litesa E. Wallace - Barbara Flynn Currie - Jehan Gordon-Booth - Sonya M. Harper - Linda Chapa LaVia, Deb Conroy, Emanuel Chris Welch, Mary E. Flowers, Al Riley, Thaddeus Jones, Silvana Tabares, Camille Y. Lilly, Juliana Stratton, Carol Ammons, David S. Olsen and Patricia R. Bellock

Senate Sponsors
(Sen. Steve Stadelman , Mattie Hunter and Daniel Biss)

Last Action
DateChamber Action
  9/22/2017HousePublic Act . . . . . . . . . 100-0515

Statutes Amended In Order of Appearance
New Act
50 ILCS 705/7.7 new


Synopsis As Introduced
Creates the Law Enforcement Sexual Assault Investigation Act. Provides that allegations of sexual assault by a police officer while performing his or her duties shall immediately be reported to the police officer's supervisory or command personnel and an independent law enforcement agency. Provides that the independent law enforcement agency shall conduct a formal investigation of the allegations and provide written findings and recommendations to the State's Attorney and police officer's supervisory or command personnel which may be the basis for filing charges seeking the police officer's removal, discharge, or suspension. Limits home rule powers. Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall adopt written protocols and guidelines for the investigation of law enforcement officers accused of sexual assault.

 Home Rule Note (Dept. of Commerce & Economic Opportunity)
 HB 270 does pre-empt home rule authority.

House Committee Amendment No. 1
Defines "independent agency" as (1) for a unit of local government a law enforcement agency of another unit of local government other than the unit of local government of the law enforcement agency that employs the officer accused of sexual assault; or (2) for a State law enforcement agency a law enforcement agency of the county or unit of local government in which the alleged misconduct occurred.

House Floor Amendment No. 3
Replaces everything after the enacting clause. Creates the Law Enforcement Criminal Sexual Assault Investigation Act. Provides that each law enforcement agency shall have a written policy regarding the investigation of officer-involved criminal sexual assault that involves a law enforcement officer employed by that law enforcement agency. Provides that each officer-involved criminal sexual assault investigation shall be conducted by at least 2 investigators or an entity comprised of at least 2 investigators, one of whom shall be the lead investigator. Provides that the lead investigator shall be a person certified by the Illinois Law Enforcement Training Standards Board as a sexual assault investigator, or similar training approved by the Illinois Law Enforcement Training Standards Board or the Department of State Police, or similar training provided at an Illinois Law Enforcement Training Standards Board certified school. Provides that no investigator involved in the investigation may be employed by the law enforcement agency that employs the officer involved in the officer-involved criminal sexual assault, unless the investigator is employed by the Department of State Police or a municipality with a population of over 1,000,000 and is not assigned to the same division or unit as the officer involved in the criminal sexual assault. Provides that the investigators conducting the investigation shall, in an expeditious manner, provide a complete report to the State's Attorney of the county in which the officer-involved criminal sexual assault occurred. Provides that the Act does not prohibit a law enforcement agency from conducting an internal investigation into the officer-involved criminal sexual assault if the internal investigation does not interfere with the investigation. Provides that compensation for participation in an investigation of an officer-involved criminal sexual assault under the Act may be determined in an intergovernmental or interagency agreement. Defines terms.

House Floor Amendment No. 4
Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 3 with changes. Provides that the investigators shall have completed a specialized assault and sexual abuse investigation training program approved by the Illinois Law Enforcement Training Standards Board or similar training approved by the Department of State Police (in House Amendment No. 3, the lead investigator shall be a person certified by the Illinois Law Enforcement Training Standards Board as a sexual assault investigator, or similar training approved by the Illinois Law Enforcement Training Standards Board or the Department of State Police, or similar training provided at an Illinois Law Enforcement Training Standards Board certified school). Provides that no investigator involved in the investigation may be employed by the law enforcement agency that employs the officer involved in the officer-involved criminal sexual assault, unless the investigator is employed by the Department of State Police and is not assigned to the same division or unit as the officer involved in the criminal sexual assault (in House Amendment No. 3, no investigator involved in the investigation may be employed by the law enforcement agency that employs the officer involved in the officer-involved criminal sexual assault, unless the investigator is employed by the Department of State Police or a municipality with a population of over 1,000,000 and is not assigned to the same division or unit as the officer involved in the criminal sexual assault). Adds an effective date of January 1, 2018.

Senate Floor Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with changes. Provides that no investigator of an officer-involved criminal sexual assault may be employed by the law enforcement agency that employs the officer involved in the criminal sexual assault, unless the investigator is employed by the Department of State Police or a municipality with a population over 1,000,000 and is not assigned to the same division or unit as the officer involved in the criminal sexual assault (rather than unless the investigator is employed by the Department of State Police). Provides that upon receipt of an allegation or complaint of an officer-involved criminal sexual assault, a municipality with a population over 1,000,000 shall promptly notify an independent agency, created by ordinance of the municipality, tasked with investigating incidents of police misconduct. Effective January 1, 2018.

Actions 
DateChamber Action
  12/27/2016HousePrefiled with Clerk by Rep. Litesa E. Wallace
  1/11/2017HouseFirst Reading
  1/11/2017HouseReferred to Rules Committee
  1/12/2017HouseAdded Chief Co-Sponsor Rep. Deb Conroy
  1/12/2017HouseAdded Chief Co-Sponsor Rep. Jehan Gordon-Booth
  1/12/2017HouseAdded Chief Co-Sponsor Rep. Sonya M. Harper
  1/12/2017HouseAdded Chief Co-Sponsor Rep. Linda Chapa LaVia
  1/12/2017HouseAdded Co-Sponsor Rep. Emanuel Chris Welch
  1/12/2017HouseAdded Co-Sponsor Rep. Mary E. Flowers
  1/17/2017HouseRemove Chief Co-Sponsor Rep. Deb Conroy
  1/17/2017HouseAdded Chief Co-Sponsor Rep. Barbara Flynn Currie
  1/17/2017HouseAdded Co-Sponsor Rep. Deb Conroy
  1/25/2017HouseAssigned to Judiciary - Criminal Committee
  1/26/2017HouseAdded Co-Sponsor Rep. Al Riley
  2/1/2017HouseAdded Co-Sponsor Rep. Thaddeus Jones
  2/1/2017HouseAdded Co-Sponsor Rep. Silvana Tabares
  2/6/2017HouseHome Rule Note Requested by Rep. Litesa E. Wallace
  2/6/2017HouseHome Rule Note Filed
  2/22/2017HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Litesa E. Wallace
  2/22/2017HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  2/23/2017HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  2/23/2017HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  3/6/2017HouseAdded Co-Sponsor Rep. Juliana Stratton
  3/21/2017HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote
  3/21/2017HouseDo Pass as Amended / Short Debate Judiciary - Criminal Committee; 008-005-000
  3/22/2017HousePlaced on Calendar 2nd Reading - Short Debate
  3/23/2017HouseHouse Committee Amendment No. 1 Fiscal Note Requested as Amended by Rep. Tom Demmer
  3/23/2017HouseSecond Reading - Short Debate
  3/23/2017HouseHeld on Calendar Order of Second Reading - Short Debate
  3/23/2017HouseHouse Committee Amendment No. 1 Fiscal Note Requested as Amended - Withdrawn by Rep. Tom Demmer
  3/23/2017HouseSecond Reading - Short Debate
  3/23/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/23/2017HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Litesa E. Wallace
  3/23/2017HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/24/2017HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Litesa E. Wallace
  3/24/2017HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  3/27/2017HouseHouse Floor Amendment No. 3 Rules Refers to Judiciary - Criminal Committee
  3/29/2017HouseHouse Floor Amendment No. 3 Recommends Be Adopted Judiciary - Criminal Committee; 008-005-000
  3/29/2017HouseRecalled to Second Reading - Short Debate
  3/29/2017HouseHouse Floor Amendment No. 3 Adopted
  3/29/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/21/2017HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Litesa E. Wallace
  4/21/2017HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  4/24/2017HouseHouse Floor Amendment No. 4 Rules Refers to Judiciary - Criminal Committee
  4/25/2017HouseHouse Floor Amendment No. 4 Recommends Be Adopted Judiciary - Criminal Committee; 011-000-000
  4/25/2017HouseRecalled to Second Reading - Short Debate
  4/25/2017HouseHouse Floor Amendment No. 4 Adopted
  4/25/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/27/2017HouseThird Reading - Short Debate - Passed 112-001-000
  4/27/2017HouseAdded Co-Sponsor Rep. Carol Ammons
  4/27/2017HouseAdded Co-Sponsor Rep. David S. Olsen
  5/2/2017SenateArrive in Senate
  5/2/2017SenatePlaced on Calendar Order of First Reading
  5/2/2017SenateChief Senate Sponsor Sen. Steve Stadelman
  5/2/2017SenateAdded as Alternate Co-Sponsor Sen. Mattie Hunter
  5/2/2017SenateFirst Reading
  5/2/2017SenateReferred to Assignments
  5/19/2017SenateAdded as Alternate Co-Sponsor Sen. Daniel Biss
  5/29/2017SenateApproved for Consideration Assignments
  5/29/2017SenatePlaced on Calendar Order of 2nd Reading May 30, 2017
  5/29/2017SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Steve Stadelman
  5/29/2017SenateSenate Floor Amendment No. 1 Referred to Assignments
  5/29/2017SenateSenate Floor Amendment No. 1 Assignments Refers to Criminal Law
  5/30/2017SenateSecond Reading
  5/30/2017SenatePlaced on Calendar Order of 3rd Reading May 31, 2017
  5/30/2017SenateSenate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 009-000-000
  5/31/2017SenateRule 2-10 Third Reading Deadline Established As May 31, 2017
  5/31/2017SenateRecalled to Second Reading
  5/31/2017SenateSenate Floor Amendment No. 1 Adopted; Stadelman
  5/31/2017SenatePlaced on Calendar Order of 3rd Reading
  5/31/2017SenateThird Reading - Passed; 051-000-000
  5/31/2017HouseArrived in House
  5/31/2017HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  6/24/2017HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Litesa E. Wallace
  6/24/2017HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  6/29/2017HouseSenate Floor Amendment No. 1 Motion to Concur Rules Referred to Judiciary - Criminal Committee
  6/30/2017HouseSenate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Criminal Committee; 011-000-000
  7/6/2017HouseSenate Floor Amendment No. 1 House Concurs 106-000-000
  7/6/2017House3/5 Vote Required
  7/6/2017HouseHouse Concurs
  7/6/2017HousePassed Both Houses
  7/6/2017HouseAdded Co-Sponsor Rep. Patricia R. Bellock
  8/4/2017HouseSent to the Governor
  9/22/2017HouseGovernor Approved
  9/22/2017HouseEffective Date January 1, 2018
  9/22/2017HousePublic Act . . . . . . . . . 100-0515

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