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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