HB1739 EngrossedLRB102 11380 KMF 16713 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Sexual Assault Evidence Submission Act is
5amended by changing Section 50 as follows:
6    (725 ILCS 202/50)
7    Sec. 50. Sexual assault evidence tracking system.
8    (a) On June 26, 2018, the Sexual Assault Evidence Tracking
9and Reporting Commission issued its report as required under
10Section 43. It is the intention of the General Assembly in
11enacting the provisions of this amendatory Act of the 101st
12General Assembly to implement the recommendations of the
13Sexual Assault Evidence Tracking and Reporting Commission set
14forth in that report in a manner that utilizes the current
15resources of law enforcement agencies whenever possible and
16that is adaptable to changing technologies and circumstances.
17    (a-1) Due to the complex nature of a statewide tracking
18system for sexual assault evidence and to ensure all
19stakeholders, including, but not limited to, victims and their
20designees, health care facilities, law enforcement agencies,
21forensic labs, and State's Attorneys offices are integrated,
22the Commission recommended the purchase of an electronic
23off-the-shelf tracking system. The system must be able to



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1communicate with all stakeholders and provide real-time
2information to a victim or his or her designee on the status of
3the evidence that was collected. The sexual assault evidence
4tracking system must:
5        (1) be electronic and web-based;
6        (2) be administered by the Department of State Police;
7        (3) have help desk availability at all times;
8        (4) ensure the law enforcement agency contact
9    information is accessible to the victim or his or her
10    designee through the tracking system, so there is contact
11    information for questions;
12        (5) have the option for external connectivity to
13    evidence management systems, laboratory information
14    management systems, or other electronic data systems
15    already in existence by any of the stakeholders to
16    minimize additional burdens or tasks on stakeholders;
17        (6) allow for the victim to opt in for automatic
18    notifications when status updates are entered in the
19    system, if the system allows;
20        (7) include at each step in the process, a brief
21    explanation of the general purpose of that step and a
22    general indication of how long the step may take to
23    complete;
24        (8) contain minimum fields for tracking and reporting,
25    as follows:
26            (A) for sexual assault evidence kit vendor fields:



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1                (i) each sexual evidence kit identification
2            number provided to each health care facility; and
3                (ii) the date the sexual evidence kit was sent
4            to the health care facility.
5            (B) for health care facility fields:
6                (i) the date sexual assault evidence was
7            collected; and
8                (ii) the date notification was made to the law
9            enforcement agency that the sexual assault
10            evidence was collected.
11            (C) for law enforcement agency fields:
12                (i) the date the law enforcement agency took
13            possession of the sexual assault evidence from the
14            health care facility, another law enforcement
15            agency, or victim if he or she did not go through a
16            health care facility;
17                (ii) the law enforcement agency complaint
18            number;
19                (iii) if the law enforcement agency that takes
20            possession of the sexual assault evidence from a
21            health care facility is not the law enforcement
22            agency with jurisdiction in which the offense
23            occurred, the date when the law enforcement agency
24            notified the law enforcement agency having
25            jurisdiction that the agency has sexual assault
26            evidence required under subsection (c) of Section



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1            20 of the Sexual Assault Incident Procedure Act;
2                (iv) an indication if the victim consented for
3            analysis of the sexual assault evidence;
4                (v) if the victim did not consent for analysis
5            of the sexual assault evidence, the date on which
6            the law enforcement agency is no longer required
7            to store the sexual assault evidence;
8                (vi) a mechanism for the law enforcement
9            agency to document why the sexual assault evidence
10            was not submitted to the laboratory for analysis,
11            if applicable;
12                (vii) the date the law enforcement agency
13            received the sexual assault evidence results back
14            from the laboratory;
15                (viii) the date statutory notifications were
16            made to the victim or documentation of why
17            notification was not made; and
18                (ix) the date the law enforcement agency
19            turned over the case information to the State's
20            Attorney office, if applicable.
21            (D) for forensic lab fields:
22                (i) the date the sexual assault evidence is
23            received from the law enforcement agency by the
24            forensic lab for analysis;
25                (ii) the laboratory case number, visible to
26            the law enforcement agency and State's Attorney



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1            office; and
2                (iii) the date the laboratory completes the
3            analysis of the sexual assault evidence.
4            (E) for State's Attorney office fields:
5                (i) the date the State's Attorney office
6            received the sexual assault evidence results from
7            the laboratory, if applicable; and
8                (ii) the disposition or status of the case.
9    (a-2) The Commission also developed guidelines for secure
10electronic access to a tracking system for a victim, or his or
11her designee to access information on the status of the
12evidence collected. The Commission recommended minimum
13guidelines in order to safeguard confidentiality of the
14information contained within this statewide tracking system.
15These recommendations are that the sexual assault evidence
16tracking system must:
17        (1) allow for secure access, controlled by an
18    administering body who can restrict user access and allow
19    different permissions based on the need of that particular
20    user and health care facility users may include
21    out-of-state border hospitals, if authorized by the
22    Department of State Police to obtain this State's kits
23    from vendor;
24        (2) provide for users, other than victims, the ability
25    to provide for any individual who is granted access to the
26    program their own unique user ID and password;



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1        (3) provide for a mechanism for a victim to enter the
2    system and only access his or her own information;
3        (4) enable a sexual assault evidence to be tracked and
4    identified through the unique sexual assault evidence kit
5    identification number or barcode that the vendor applies
6    to each sexual assault evidence kit per the Department of
7    State Police's contract;
8        (5) have a mechanism to inventory unused kits provided
9    to a health care facility from the vendor;
10        (6) provide users the option to either scan the bar
11    code or manually enter the sexual assault evidence kit
12    number into the tracking program;
13        (7) provide a mechanism to create a separate unique
14    identification number for cases in which a sexual evidence
15    kit was not collected, but other evidence was collected;
16        (8) provide the ability to record date, time, and user
17    ID whenever any user accesses the system;
18        (9) provide for real-time entry and update of data;
19        (10) contain report functions including:
20            (A) health care facility compliance with
21        applicable laws;
22            (B) law enforcement agency compliance with
23        applicable laws;
24            (C) law enforcement agency annual inventory of
25        cases to each State's Attorney office; and
26            (D) forensic lab compliance with applicable laws;



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1        and
2        (11) provide automatic notifications to the law
3    enforcement agency when:
4            (A) a health care facility has collected sexual
5        assault evidence;
6            (B) unreleased sexual assault evidence that is
7        being stored by the law enforcement agency has met the
8        minimum storage requirement by law; and
9            (C) timelines as required by law are not met for a
10        particular case, if not otherwise documented.
11    (b) The Department may shall develop rules to implement a
12sexual assault evidence tracking system that conforms with
13subsections (a-1) and (a-2) of this Section. The Department
14shall design the criteria for the sexual assault evidence
15tracking system so that, to the extent reasonably possible,
16the system can use existing technologies and products,
17including, but not limited to, currently available tracking
18systems. The sexual assault evidence tracking system shall be
19operational and shall begin tracking and reporting sexual
20assault evidence no later than one year after the effective
21date of this amendatory Act of the 101st General Assembly. The
22Department may adopt additional rules as it deems necessary to
23ensure that the sexual assault evidence tracking system
24continues to be a useful tool for law enforcement.
25    (c) A treatment hospital, a treatment hospital with
26approved pediatric transfer, an out-of-state hospital approved



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1by the Department of Public Health to receive transfers of
2Illinois sexual assault survivors, or an approved pediatric
3health care facility defined in Section 1a of the Sexual
4Assault Survivors Emergency Treatment Act shall participate in
5the sexual assault evidence tracking system created under this
6Section and in accordance with rules adopted under subsection
7(b), including, but not limited to, the collection of sexual
8assault evidence and providing information regarding that
9evidence, including, but not limited to, providing notice to
10law enforcement that the evidence has been collected.
11    (d) The operations of the sexual assault evidence tracking
12system shall be funded by moneys appropriated for that purpose
13from the State Crime Laboratory Fund and funds provided to the
14Department through asset forfeiture, together with such other
15funds as the General Assembly may appropriate.
16    (e) To ensure that the sexual assault evidence tracking
17system is operational, the Department may adopt emergency
18rules to implement the provisions of this Section under
19subsection (ff) of Section 5-45 of the Illinois Administrative
20Procedure Act.
21    (f) Information, including, but not limited to, evidence
22and records in the sexual assault evidence tracking system is
23exempt from disclosure under the Freedom of Information Act.
24(Source: P.A. 101-377, eff. 8-16-19.)
25    Section 10. The Sexual Assault Incident Procedure Act is



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1amended by changing Sections 25 and 35 and by adding Section 11
2as follows:
3    (725 ILCS 203/11 new)
4    Sec. 11. Victim Notification. The health care provider
5must provide information to victims about the tracking system
6at the time when information pertaining to the collection of
7sexual assault evidence is provided. Using the contact
8information provided, a local law enforcement agency must take
9reasonable steps to notify victims about the tracking system
10after sexual assault evidence has been collected.
11    (725 ILCS 203/25)
12    Sec. 25. Report; victim notice.
13    (a) At the time of first contact with the victim, law
14enforcement shall:
15        (1) Advise the victim about the following by providing
16    a form, the contents of which shall be prepared by the
17    Office of the Attorney General and posted on its website,
18    written in a language appropriate for the victim or in
19    Braille, or communicating in appropriate sign language
20    that includes, but is not limited to:
21            (A) information about seeking medical attention
22        and preserving evidence, including specifically,
23        collection of evidence during a medical forensic
24        examination at a hospital and photographs of injury



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1        and clothing;
2            (B) notice that the victim will not be charged for
3        hospital emergency and medical forensic services;
4            (C) information advising the victim that evidence
5        can be collected at the hospital up to 7 days after the
6        sexual assault or sexual abuse but that the longer the
7        victim waits the likelihood of obtaining evidence
8        decreases;
9            (C-5) notice that the sexual assault forensic
10        evidence collected will not be used to prosecute the
11        victim for any offense related to the use of alcohol,
12        cannabis, or a controlled substance;
13            (D) the location of nearby hospitals that provide
14        emergency medical and forensic services and, if known,
15        whether the hospitals employ any sexual assault nurse
16        examiners;
17            (E) a summary of the procedures and relief
18        available to victims of sexual assault or sexual abuse
19        under the Civil No Contact Order Act or the Illinois
20        Domestic Violence Act of 1986;
21            (F) the law enforcement officer's name and badge
22        number;
23            (G) at least one referral to an accessible service
24        agency and information advising the victim that rape
25        crisis centers can assist with obtaining civil no
26        contact orders and orders of protection; and



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1            (H) if the sexual assault or sexual abuse occurred
2        in another jurisdiction, provide in writing the
3        address and phone number of a specific contact at the
4        law enforcement agency having jurisdiction.
5        (2) Offer to provide or arrange accessible
6    transportation for the victim to a hospital for emergency
7    and forensic services, including contacting emergency
8    medical services.
9        (2.5) Notify victims about the Illinois State Police
10    sexual assault evidence tracking system.
11        (3) Offer to provide or arrange accessible
12    transportation for the victim to the nearest available
13    circuit judge or associate judge so the victim may file a
14    petition for an emergency civil no contact order under the
15    Civil No Contact Order Act or an order of protection under
16    the Illinois Domestic Violence Act of 1986 after the close
17    of court business hours, if a judge is available.
18    (b) At the time of the initial contact with a person making
19a third-party report under Section 22 of this Act, a law
20enforcement officer shall provide the written information
21prescribed under paragraph (1) of subsection (a) of this
22Section to the person making the report and request the person
23provide the written information to the victim of the sexual
24assault or sexual abuse.
25    (c) If the first contact with the victim occurs at a
26hospital, a law enforcement officer may request the hospital



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1provide interpretive services.
2(Source: P.A. 99-801, eff. 1-1-17; 100-1087, eff. 1-1-19.)
3    (725 ILCS 203/35)
4    Sec. 35. Release of information.
5    (a) Upon the request of the victim who has consented to the
6release of sexual assault evidence for testing, the law
7enforcement agency having jurisdiction shall notify the victim
8about the Illinois State Police sexual assault evidence
9tracking system and provide the following information in
11        (1) the date the sexual assault evidence was sent to a
12    Department of State Police forensic laboratory or
13    designated laboratory;
14        (2) test results provided to the law enforcement
15    agency by a Department of State Police forensic laboratory
16    or designated laboratory, including, but not limited to:
17            (A) whether a DNA profile was obtained from the
18        testing of the sexual assault evidence from the
19        victim's case;
20            (B) whether the DNA profile developed from the
21        sexual assault evidence has been searched against the
22        DNA Index System or any state or federal DNA database;
23            (C) whether an association was made to an
24        individual whose DNA profile is consistent with the
25        sexual assault evidence DNA profile, provided that



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1        disclosure would not impede or compromise an ongoing
2        investigation; and
3            (D) whether any drugs were detected in a urine or
4        blood sample analyzed for drug facilitated sexual
5        assault and information about any drugs detected.
6    (b) The information listed in paragraph (1) of subsection
7(a) of this Section shall be provided to the victim within 7
8days of the transfer of the evidence to the laboratory. The
9information listed in paragraph (2) of subsection (a) of this
10Section shall be provided to the victim within 7 days of the
11receipt of the information by the law enforcement agency
12having jurisdiction.
13    (c) At the time the sexual assault evidence is released
14for testing, the victim shall be provided written information
15by the law enforcement agency having jurisdiction or the
16hospital providing emergency services and forensic services to
17the victim informing him or her of the right to request
18information under subsection (a) of this Section. A victim may
19designate another person or agency to receive this
21    (d) The victim or the victim's designee shall keep the law
22enforcement agency having jurisdiction informed of the name,
23address, telephone number, and email address of the person to
24whom the information should be provided, and any changes of
25the name, address, telephone number, and email address, if an
26email address is available.



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1(Source: P.A. 99-801, eff. 1-1-17.)