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Public Act 100-0515


 

Public Act 0515 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0515
 
HB0270 EnrolledLRB100 04388 SLF 14394 b

    AN ACT concerning local government.
 
    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 Law
Enforcement Criminal Sexual Assault Investigation Act.
 
    Section 5. Definitions. As used in this Act:
    "Law enforcement agency" means an agency of this State or
unit of local government which is vested by law or ordinance
with the duty to maintain public order and to enforce criminal
laws or ordinances.
    "Law enforcement officer" or "officer" means any person
employed by a State, county, or municipality as a policeman,
peace officer, or in a like position involving the enforcement
of the law and protection of public interest at the risk of the
person's life.
    "Officer-involved criminal sexual assault" means an
alleged violation of Section 11-1.20, 11-1.30, 11-1.40,
11-1.50, or 11-1.60 of the Criminal Code of 2012 while an
officer is on duty.
 
    Section 10. Investigation of officer-involved criminal
assault; requirements.
    (a) 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.
    (b) 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. The investigators shall have
completed a specialized sexual 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. 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 over 1,000,000 and is not
assigned to the same division or unit as the officer involved
in the criminal sexual assault.
    (c) 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.
 
    Section 15. Intra-agency investigations. This 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 conducted under the requirements of Section
10 of this Act.
 
    Section 20. Compensation for investigations. Compensation
for participation in an investigation of an officer-involved
criminal sexual assault under Section 10 of this Act may be
determined in an intergovernmental or interagency agreement.
 
    Section 99. Effective date. This Act takes effect January
1, 2018.

Effective Date: 1/1/2018