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Public Act 099-0617


 

Public Act 0617 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0617
 
SB2221 EnrolledLRB099 14772 MRW 38922 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Sexual Assault Evidence Submission Act is
amended by changing Sections 15 and 20 and by adding Section 42
as follows:
 
    (725 ILCS 202/15)
    Sec. 15. Analysis of evidence; notification.
    (a) 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.
    (b) If a consistent DNA profile has been identified by
comparing the submitted sexual assault evidence with a known
standard from a suspect or with DNA profiles in the CODIS
database, the Department shall notify the investigating law
enforcement agency of the results in writing, and the
Department shall provide an automatic courtesy copy of the
written notification to the appropriate State's Attorney's
Office for tracking and further action, as necessary.
(Source: P.A. 96-1011, eff. 9-1-10.)
 
    (725 ILCS 202/20)
    Sec. 20. Inventory of evidence.
    (a) 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.
    (b) 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.
    (c) Beginning June 1, 2016 or on and after the effective
date of this amendatory Act of the 99th General Assembly,
whichever is later, each law enforcement agency must conduct an
annual inventory of all sexual assault cases in the custody of
the law enforcement agency and provide written notice of its
annual findings to the State's Attorney's Office having
jurisdiction to ensure sexual assault cases are being submitted
as provided by law.
(Source: P.A. 96-1011, eff. 9-1-10.)
 
    (725 ILCS 202/42 new)
    Sec. 42. Reporting. Beginning January 1, 2017 and each year
thereafter, the Department shall publish a quarterly report on
its website, indicating a breakdown of the number of sexual
assault case submissions from every law enforcement agency.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/22/2016