HB3334 100TH GENERAL ASSEMBLY

LRB100 06361 SLF 16400 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3334

Introduced , by Rep. Jaime M. Andrade, Jr.

SYNOPSIS AS INTRODUCED:

725 ILCS 202/21 new

Amends the Sexual Assault Evidence Submission Act. Provides that the Department of State Police shall create and operate a statewide sexual assault evidence kit tracking system. Provides that the statewide sexual assault evidence kit tracking system shall: (1) track the location and status of sexual assault evidence kits throughout the criminal justice process, including the initial collection in examinations performed at medical facilities, receipt at local law enforcement agencies, and receipt and analysis at forensic laboratories; (2) allow medical facilities performing sexual assault forensic examinations, law enforcement agencies, prosecutors, State and local crime laboratories, and other entities who have physical custody of sexual assault evidence kits to update and track the status and location of sexual assault evidence kits; (3) allow victims of sexual assault to anonymously track and receive updates regarding the status of their sexual assault evidence kit; and (4) use technology to allow continuous access for appropriate personnel. Provides that the Department may phase in initial participation in the statewide sexual assault evidence kit tracking system by region, volume, or other appropriate classification. Provides that all entities who have custody of sexual assault evidence kits shall fully participate in the system by no later than July 1, 2019. Makes other changes.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 adding Section 21 as follows:

(725 ILCS 202/21 new)

Sec. 21. Sexual assault evidence kit tracking system.

For the purposes of this Section:

"Sexual assault evidence kit" means an Illinois State Police Sexual Assault Evidence Collection Kit as defined in Section 1a of the Sexual Assault Survivors Emergency Treatment Act.

(a) The Department of State Police shall create and operate a statewide sexual assault evidence kit tracking system. The Department may contract with State and non-State entities, including, but not limited to, private software or technology providers for the creation, operation, and maintenance of the statewide sexual assault evidence kit tracking system.

(b) The statewide sexual assault evidence kit tracking system shall:

(1) track the location and status of sexual assault evidence kits throughout the criminal justice process, including the initial collection in examinations performed at medical facilities, receipt at local law enforcement agencies, and receipt and analysis at forensic laboratories;

(2) allow medical facilities performing sexual assault forensic examinations, law enforcement agencies, prosecutors, State and local crime laboratories, and other entities who have physical custody of sexual assault evidence kits to update and track the status and location of sexual assault evidence kits;

(3) allow victims of sexual assault to anonymously track and receive updates regarding the status of their sexual assault evidence kit; and

(4) use technology to allow continuous access for appropriate personnel.

(c) The Department of State Police may phase in initial participation in the statewide sexual assault evidence kit tracking system by region, volume, or other appropriate classification. Sexual assault evidence kits shall be assigned to the jurisdiction associated with the law enforcement agency anticipated to receive the sexual assault evidence kit or otherwise in custody of it. All entities who have custody of sexual assault evidence kits shall fully participate in the statewide sexual assault evidence kit tracking system on or before July 1, 2019. The Department shall submit a report on the current status and plan for launching the system, which shall include the plan for phases of implementation, to the Governor and appropriate committees of the General Assembly on or before January 1, 2019.

(d) Local law enforcement agencies shall participate in the statewide sexual assault evidence kit tracking system established in subsection (a) of this Section for the purpose of tracking the status of all sexual assault evidence kits in the custody of local law enforcement agencies and other entities contracting with local law enforcement agencies. Local law enforcement agencies shall begin full participation in this system according to the implementation schedule established by the Department.

(e) A sheriff and his or her deputies shall participate in the statewide sexual assault evidence kit tracking system established in subsection (a) of this Section for the purpose of tracking the status of all sexual assault evidence kits in the custody of the Department and other entities contracting with the Department. Sheriffs shall begin full participation with the system according to the implementation schedule established by the Department.

(f) State and local crime laboratories that perform DNA analysis shall participate in the statewide sexual assault evidence kit tracking system established in subsection (a) of this Section for the purpose of tracking the status of all sexual assault evidence kits in their custody and other entities contracting with crime labs. State and local crime laboratories shall begin full participation in the system according to the implementation schedule established by the Department.

(g) Hospitals or other treatment centers with staff performing sexual assault forensic examinations shall participate in the statewide sexual assault evidence kit tracking system established in subsection (a) of this Section for the purpose of tracking the status of all sexual assault evidence kits collected by or in the custody of hospitals or treatment centers and other entities contracting with those hospitals or treatment centers. Hospitals and treatment centers shall begin full participation in the system according to the implementation schedule established by the Department.

(h) Prosecuting attorneys shall participate in the statewide sexual assault evidence kit tracking system established in subsection (a) of this Section for the purpose of tracking the status of all sexual assault evidence kits connected to a criminal investigations and prosecutions within the county. Prosecuting attorneys shall begin full participation in the system according to the implementation schedule established by the Department.