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Rep. Diane Pappas
Filed: 5/18/2020
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| 1 | | AMENDMENT TO HOUSE BILL 390
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| 2 | | AMENDMENT NO. ______. Amend House Bill 390 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Department of Human Services Act is amended |
| 5 | | by adding Section 10-33.1 as follows:
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| 6 | | (20 ILCS 1305/10-33.1 new) |
| 7 | | Sec. 10-33.1. Sexual assault legal assistance pilot |
| 8 | | program. |
| 9 | | (a) Findings and intent. The General Assembly finds that |
| 10 | | navigating the criminal and civil legal systems related to |
| 11 | | sexual assault is complicated and traumatic for victims of |
| 12 | | sexual assault. It is therefore necessary to assist sexual |
| 13 | | assault victims in adequately participating in the prosecution |
| 14 | | of their offender, asserting their crime victims' rights, |
| 15 | | petitioning for protective orders, and ensuring civil law |
| 16 | | protections related to employment, education, housing, and |
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| 1 | | other rights. The General Assembly finds that the provision of |
| 2 | | legal assistance to victims in sexual assault cases is |
| 3 | | necessary to increase the success rate of prosecutions for sex |
| 4 | | crimes in Illinois and to help survivors as they seek justice |
| 5 | | and healing. |
| 6 | | The General Assembly intends to create a pilot program to |
| 7 | | establish 4 sexual assault legal assistance pilot projects in |
| 8 | | the State. For each pilot project, specially trained attorneys |
| 9 | | will provide legal assistance to sexual assault victims during |
| 10 | | the course of the investigation into their assault, throughout |
| 11 | | the prosecution of their offenders, and in other actions to |
| 12 | | assert and enforce rights related to their status as a victim |
| 13 | | of sexual violence, such as protective orders, asserting rights |
| 14 | | under the Victims' Economic Security and Safety Act and the |
| 15 | | Safe Homes Act, and representing them in hearings under the |
| 16 | | Preventing Sexual Violence in Higher Education Act and Title IX |
| 17 | | of the Education Amendments of 1972. |
| 18 | | (b) Legal assistance pilot program. Subject to |
| 19 | | appropriation, the Department shall establish a legal |
| 20 | | assistance pilot program to operate 4 pilot projects in |
| 21 | | Illinois. The pilot projects shall be established by the |
| 22 | | Illinois Coalition Against Sexual Assault in conjunction with |
| 23 | | sexual assault crisis centers in 4 service areas that are |
| 24 | | geographically distributed throughout the State. The |
| 25 | | Department and the Illinois Coalition Against Sexual Assault |
| 26 | | shall establish an application process. Sexual assault crisis |
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| 1 | | centers located throughout the State may apply to the Illinois |
| 2 | | Coalition Against Sexual Assault to participate in the pilot |
| 3 | | program. |
| 4 | | (c) Pilot projects. Each of the 4 pilot projects |
| 5 | | established under this Section shall operate for a minimum of 3 |
| 6 | | years. |
| 7 | | (d) Report. No later than 2 years after the establishment |
| 8 | | of pilot projects under this Section, the Department must |
| 9 | | report to the General Assembly on the efficacy of the pilot |
| 10 | | program. |
| 11 | | (g) Rules. The Department shall adopt rules to implement |
| 12 | | this Section.".
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