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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 1. Short title. This Act may be cited as the Sexual
5Assault Incident Procedure Act.
 
6    Section 5. Legislative findings. The General Assembly
7finds:
8    (1) Sexual assault and sexual abuse are personal and
9violent crimes that disproportionately impact women, children,
10lesbian, gay, bisexual, and transgender individuals in
11Illinois, yet only a small percentage of these crimes are
12reported, less than one in five, and even fewer result in a
13conviction.
14    (2) The trauma of sexual assault and sexual abuse often
15leads to severe mental, physical, and economic consequences for
16the victim.
17    (3) The diminished ability of victims to recover from their
18sexual assault or sexual abuse has been directly linked to the
19response of others to their trauma.
20    (4) The response of law enforcement can directly impact a
21victim's ability to heal as well as his or her willingness to
22actively participate in the investigation by law enforcement.
23    (5) Research has shown that a traumatic event impacts

 

 

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1memory consolidation and encoding. Allowing a victim to
2complete at least 2 full sleep cycles before an in-depth
3interview can improve the victim's ability to provide a history
4of the sexual assault or sexual abuse.
5    (6) Victim participation is critical to the successful
6identification and prosecution of sexual predators. To
7facilitate victim participation, law enforcement should inform
8victims of the testing of physical evidence and the results of
9such testing.
10    (7) Identification and successful prosecution of sexual
11predators prevents new victimization. For this reason,
12improving the response of the criminal justice system to
13victims of sexual assault and sexual abuse is critical to
14protecting public safety.
 
15    Section 10. Definitions. In this Act:
16    "Board" means the Illinois Law Enforcement Training
17Standards Board.
18    "Evidence-based, trauma-informed, victim-centered" means
19policies, procedures, programs, and practices that have been
20demonstrated to minimize retraumatization associated with the
21criminal justice process by recognizing the presence of trauma
22symptoms and acknowledging the role that trauma has played in a
23sexual assault or sexual abuse victim's life and focusing on
24the needs and concerns of a victim that ensures compassionate
25and sensitive delivery of services in a nonjudgmental manner.

 

 

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1    "Law enforcement agency having jurisdiction" means the law
2enforcement agency in the jurisdiction where an alleged sexual
3assault or sexual abuse occurred.
4    "Sexual assault evidence" means evidence collected in
5connection with a sexual assault or sexual abuse investigation,
6including, but not limited to, evidence collected using the
7Illinois State Police Sexual Assault Evidence Collection Kit as
8defined in Section 1a of the Sexual Assault Survivors Emergency
9Treatment Act.
10    "Sexual assault or sexual abuse" means an act of
11nonconsensual sexual conduct or sexual penetration, as defined
12in Section 12-12 of the Criminal Code of 1961 or Section 11-0.1
13of the Criminal Code of 2012, including, without limitation,
14acts prohibited under Sections 12-13 through 12-16 of the
15Criminal Code of 1961 or Sections 11-1.20 through 11-1.60 of
16the Criminal Code of 2012.
 
17    Section 15. Sexual assault incident policies.
18    (a) On or before January 1, 2018, every law enforcement
19agency shall develop, adopt, and implement written policies
20regarding procedures for incidents of sexual assault or sexual
21abuse consistent with the guidelines developed under
22subsection (b) of this Section. In developing these policies,
23each law enforcement agency is encouraged to consult with other
24law enforcement agencies, sexual assault advocates, and sexual
25assault nurse examiners with expertise in recognizing and

 

 

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1handling sexual assault and sexual abuse incidents. These
2policies must include mandatory sexual assault and sexual abuse
3response training as required in Section 10.19 of the Illinois
4Police Training Act and Sections 2605-53 and 2605-98 of the
5Department of State Police Law of the Civil Administrative Code
6of Illinois.
7    (b) On or before July 1, 2017, the Office of the Attorney
8General, in consultation with the Illinois Law Enforcement
9Training Standards Board and the Department of State Police,
10shall develop and make available to each law enforcement
11agency, comprehensive guidelines for creation of a law
12enforcement agency policy on evidence-based, trauma-informed,
13victim-centered sexual assault and sexual abuse response and
14investigation.
15    These guidelines shall include, but not be limited to the
16following:
17        (1) dispatcher or call taker response;
18        (2) responding officer duties;
19        (3) duties of officers investigating sexual assaults
20    and sexual abuse;
21        (4) supervisor duties;
22        (5) report writing;
23        (6) reporting methods;
24        (7) victim interviews;
25        (8) evidence collection;
26        (9) sexual assault medical forensic examinations;

 

 

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1        (10) suspect interviews;
2        (11) suspect forensic exams;
3        (12) witness interviews;
4        (13) sexual assault response and resource teams, if
5    applicable;
6        (14) working with victim advocates;
7        (15) working with prosecutors;
8        (16) victims' rights;
9        (17) victim notification; and
10        (18) consideration for specific populations or
11    communities.
 
12    Section 20. Reports by law enforcement officers.
13    (a) A law enforcement officer shall complete a written
14police report upon receiving the following, regardless of where
15the incident occurred:
16        (1) an allegation by a person that the person has been
17    sexually assaulted or sexually abused regardless of
18    jurisdiction;
19        (2) information from hospital or medical personnel
20    provided under Section 3.2 of the Criminal Identification
21    Act; or
22        (3) information from a witness who personally observed
23    what appeared to be a sexual assault or sexual abuse or
24    attempted sexual assault or sexual abuse.
25    (b) The written report shall include the following, if

 

 

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1known:
2        (1) the victim's name or other identifier;
3        (2) the victim's contact information;
4        (3) time, date, and location of offense;
5        (4) information provided by the victim;
6        (5) the suspect's description and name, if known;
7        (6) names of persons with information relevant to the
8    time before, during, or after the sexual assault or sexual
9    abuse, and their contact information;
10        (7) names of medical professionals who provided a
11    medical forensic examination of the victim and any
12    information they provided about the sexual assault or
13    sexual abuse;
14        (8) whether an Illinois State Police Sexual Assault
15    Evidence Collection Kit was completed, the name and contact
16    information for the hospital, and whether the victim
17    consented to testing of the Evidence Collection Kit by law
18    enforcement;
19        (9) whether a urine or blood sample was collected and
20    whether the victim consented to testing of a toxicology
21    screen by law enforcement;
22        (10) information the victim related to medical
23    professionals during a medical forensic examination which
24    the victim consented to disclosure to law enforcement; and
25        (11) other relevant information.
26    (c) If the sexual assault or sexual abuse occurred in

 

 

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1another jurisdiction, the law enforcement officer taking the
2report must submit the report to the law enforcement agency
3having jurisdiction in person or via fax or email within 24
4hours of receiving information about the sexual assault or
5sexual abuse.
6    (d) Within 24 hours of receiving a report from a law
7enforcement agency in another jurisdiction in accordance with
8subsection (c), the law enforcement agency having jurisdiction
9shall submit a written confirmation to the law enforcement
10agency that wrote the report. The written confirmation shall
11contain the name and identifier of the person and confirming
12receipt of the report and a name and contact phone number that
13will be given to the victim. The written confirmation shall be
14delivered in person or via fax or email.
15    (e) No law enforcement officer shall require a victim of
16sexual assault or sexual abuse to submit to an interview.
17    (f) No law enforcement agency may refuse to complete a
18written report as required by this Section on any ground.
19    (g) All law enforcement agencies shall ensure that all
20officers responding to or investigating a complaint of sexual
21assault or sexual abuse have successfully completed training
22under Section 10.19 of the Illinois Police Training Act and
23Section 2605-98 of the Department of State Police Law of the
24Civil Administrative Code of Illinois.
 
25    Section 22. Third-party reports. A victim of sexual assault

 

 

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1or sexual abuse may give a person consent to provide
2information about the sexual assault or sexual abuse to a law
3enforcement officer, and the officer shall complete a written
4report unless:
5        (1) the person contacting law enforcement fails to
6    provide the person's name and contact information; or
7        (2) the person contacting law enforcement fails to
8    affirm that the person has the consent of the victim of the
9    sexual assault or sexual abuse.
 
10    Section 25. Report; victim notice.
11    (a) At the time of first contact with the victim, law
12enforcement shall:
13        (1) Advise the victim about the following by providing
14    a form, the contents of which shall be prepared by the
15    Office of the Attorney General and posted on its website,
16    written in a language appropriate for the victim or in
17    Braille, or communicating in appropriate sign language
18    that includes, but is not limited to:
19            (A) information about seeking medical attention
20        and preserving evidence, including specifically,
21        collection of evidence during a medical forensic
22        examination at a hospital and photographs of injury and
23        clothing;
24            (B) notice that the victim will not be charged for
25        hospital emergency and medical forensic services;

 

 

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1            (C) information advising the victim that evidence
2        can be collected at the hospital up to 7 days after the
3        sexual assault or sexual abuse but that the longer the
4        victim waits the likelihood of obtaining evidence
5        decreases;
6            (D) the location of nearby hospitals that provide
7        emergency medical and forensic services and, if known,
8        whether the hospitals employ any sexual assault nurse
9        examiners;
10            (E) a summary of the procedures and relief
11        available to victims of sexual assault or sexual abuse
12        under the Civil No Contact Order Act or the Illinois
13        Domestic Violence Act of 1986;
14            (F) the law enforcement officer's name and badge
15        number;
16            (G) at least one referral to an accessible service
17        agency and information advising the victim that rape
18        crisis centers can assist with obtaining civil no
19        contact orders and orders of protection; and
20            (H) if the sexual assault or sexual abuse occurred
21        in another jurisdiction, provide in writing the
22        address and phone number of a specific contact at the
23        law enforcement agency having jurisdiction.
24        (2) Offer to provide or arrange accessible
25    transportation for the victim to a hospital for emergency
26    and forensic services, including contacting emergency

 

 

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1    medical services.
2        (3) Offer to provide or arrange accessible
3    transportation for the victim to the nearest available
4    circuit judge or associate judge so the victim may file a
5    petition for an emergency civil no contact order under the
6    Civil No Contact Order Act or an order of protection under
7    the Illinois Domestic Violence Act of 1986 after the close
8    of court business hours, if a judge is available.
9    (b) At the time of the initial contact with a person making
10a third-party report under Section 22 of this Act, a law
11enforcement officer shall provide the written information
12prescribed under paragraph (1) of subsection (a) of this
13Section to the person making the report and request the person
14provide the written information to the victim of the sexual
15assault or sexual abuse.
16    (c) If the first contact with the victim occurs at a
17hospital, a law enforcement officer may request the hospital
18provide interpretive services.
 
19    Section 30. Release and storage of sexual assault evidence.
20    (a) A law enforcement agency having jurisdiction that is
21notified by a hospital or another law enforcement agency that a
22victim of a sexual assault or sexual abuse has received a
23medical forensic examination and has completed an Illinois
24State Police Sexual Assault Evidence Collection Kit shall take
25custody of the sexual assault evidence as soon as practicable,

 

 

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1but in no event more than 5 days after the completion of the
2medical forensic examination.
3    (a-5) A State's Attorney who is notified under subsection
4(d) of Section 6.6 of the Sexual Assault Survivors Emergency
5Treatment Act that a hospital is in possession of sexual
6assault evidence shall, within 72 hours, contact the
7appropriate law enforcement agency to request that the law
8enforcement agency take immediate physical custody of the
9sexual assault evidence.
10    (b) The written report prepared under Section 20 of this
11Act shall include the date and time the sexual assault evidence
12was picked up from the hospital and the date and time the
13sexual assault evidence was sent to the laboratory in
14accordance with the Sexual Assault Evidence Submission Act.
15    (c) If the victim of a sexual assault or sexual abuse or a
16person authorized under Section 6.5 of the Sexual Assault
17Survivors Emergency Treatment Act has consented to allow law
18enforcement to test the sexual assault evidence, the law
19enforcement agency having jurisdiction shall submit the sexual
20assault evidence for testing in accordance with the Sexual
21Assault Evidence Submission Act. No law enforcement agency
22having jurisdiction may refuse or fail to send sexual assault
23evidence for testing that the victim has released for testing.
24    (d) A victim shall have 5 years from the completion of an
25Illinois State Police Sexual Assault Evidence Collection Kit,
26or 5 years from the age of 18 years, whichever is longer, to

 

 

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1sign a written consent to release the sexual assault evidence
2to law enforcement for testing. If the victim or a person
3authorized under Section 6.5 of the Sexual Assault Survivors
4Emergency Treatment Act does not sign the written consent at
5the completion of the medical forensic examination, the victim
6or person authorized by Section 6.5 of the Sexual Assault
7Survivors Emergency Treatment Act may sign the written release
8at the law enforcement agency having jurisdiction, or in the
9presence of a sexual assault advocate who may deliver the
10written release to the law enforcement agency having
11jurisdiction. The victim may also provide verbal consent to the
12law enforcement agency having jurisdiction and shall verify the
13verbal consent via email or fax. Upon receipt of written or
14verbal consent, the law enforcement agency having jurisdiction
15shall submit the sexual assault evidence for testing in
16accordance with the Sexual Assault Evidence Submission Act. No
17law enforcement agency having jurisdiction may refuse or fail
18to send the sexual assault evidence for testing that the victim
19has released for testing.
20    (e) The law enforcement agency having jurisdiction who
21speaks to a victim who does not sign a written consent to
22release the sexual assault evidence prior to discharge from the
23hospital shall provide a written notice to the victim that
24contains the following information:
25        (1) where the sexual assault evidence will be stored
26    for 5 years;

 

 

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1        (2) notice that the victim may sign a written release
2    to test the sexual assault evidence at any time during the
3    5-year period by contacting the law enforcement agency
4    having jurisdiction or working with a sexual assault
5    advocate;
6        (3) the name, phone number, and email address of the
7    law enforcement agency having jurisdiction; and
8        (4) the name and phone number of a local rape crisis
9    center.
10    Each law enforcement agency shall develop a protocol for
11providing this information to victims as part of the written
12policies required in subsection (a) of Section 15 of this Act.
13    (f) A law enforcement agency must develop a protocol for
14responding to victims who want to sign a written consent to
15release the sexual assault evidence and to ensure that victims
16who want to be notified or have a designee notified prior to
17the end of the 5-year period are provided notice.
18    (g) Nothing in this Section shall be construed as limiting
19the storage period to 5 years. A law enforcement agency having
20jurisdiction may adopt a storage policy that provides for a
21period of time exceeding 5 years. If a longer period of time is
22adopted, the law enforcement agency having jurisdiction shall
23notify the victim or designee in writing of the longer storage
24period.
 
25    Section 35. Release of information.

 

 

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1    (a) Upon the request of the victim who has consented to the
2release of sexual assault evidence for testing, the law
3enforcement agency having jurisdiction shall provide the
4following information in writing:
5        (1) the date the sexual assault evidence was sent to a
6    Department of State Police forensic laboratory or
7    designated laboratory;
8        (2) test results provided to the law enforcement agency
9    by a Department of State Police forensic laboratory or
10    designated laboratory, including, but not limited to:
11            (A) whether a DNA profile was obtained from the
12        testing of the sexual assault evidence from the
13        victim's case;
14            (B) whether the DNA profile developed from the
15        sexual assault evidence has been searched against the
16        DNA Index System or any state or federal DNA database;
17            (C) whether an association was made to an
18        individual whose DNA profile is consistent with the
19        sexual assault evidence DNA profile, provided that
20        disclosure would not impede or compromise an ongoing
21        investigation; and
22            (D) whether any drugs were detected in a urine or
23        blood sample analyzed for drug facilitated sexual
24        assault and information about any drugs detected.
25    (b) The information listed in paragraph (1) of subsection
26(a) of this Section shall be provided to the victim within 7

 

 

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1days of the transfer of the evidence to the laboratory. The
2information listed in paragraph (2) of subsection (a) of this
3Section shall be provided to the victim within 7 days of the
4receipt of the information by the law enforcement agency having
5jurisdiction.
6    (c) At the time the sexual assault evidence is released for
7testing, the victim shall be provided written information by
8the law enforcement agency having jurisdiction or the hospital
9providing emergency services and forensic services to the
10victim informing him or her of the right to request information
11under subsection (a) of this Section. A victim may designate
12another person or agency to receive this information.
13    (d) The victim or the victim's designee shall keep the law
14enforcement agency having jurisdiction informed of the name,
15address, telephone number, and email address of the person to
16whom the information should be provided, and any changes of the
17name, address, telephone number, and email address, if an email
18address is available.
 
19    Section 105. The Department of State Police Law of the
20Civil Administrative Code of Illinois is amended by adding
21Sections 2605-53 and 2605-98 as follows:
 
22    (20 ILCS 2605/2605-53 new)
23    Sec. 2605-53. 9-1-1 system; sexual assault and sexual
24abuse.

 

 

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1    (a) The Office of the Statewide 9-1-1 Administrator, in
2consultation with the Office of the Attorney General and the
3Illinois Law Enforcement Training Standards Board, shall:
4        (1) develop comprehensive guidelines for
5    evidence-based, trauma-informed, victim-centered handling
6    of sexual assault or sexual abuse calls by Public Safety
7    Answering Point tele-communicators; and
8        (2) adopt rules and minimum standards for an
9    evidence-based, trauma-informed, victim-centered training
10    curriculum for handling of sexual assault or sexual abuse
11    calls for Public Safety Answering Point tele-communicators
12    ("PSAP").
13    (b) Training requirements:
14        (1) Newly hired PSAP tele-communicators must complete
15    the sexual assault and sexual abuse training curriculum
16    established in subsection (a) of this Section prior to
17    handling emergency calls.
18        (2) All existing PSAP tele-communicators shall
19    complete the sexual assault and sexual abuse training
20    curriculum established in subsection (a) of this Section
21    within 2 years of the effective date of this amendatory Act
22    of the 99th General Assembly.
 
23    (20 ILCS 2605/2605-98 new)
24    Sec. 2605-98. Training; sexual assault and sexual abuse.
25    (a) The Department of State Police shall conduct or approve

 

 

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1training programs in trauma-informed responses and
2investigations of sexual assault and sexual abuse, which
3include, but is not limited to, the following:
4        (1) recognizing the symptoms of trauma;
5        (2) understanding the role trauma has played in a
6    victim's life;
7        (3) responding to the needs and concerns of a victim;
8        (4) delivering services in a compassionate, sensitive,
9    and nonjudgmental manner;
10        (5) interviewing techniques in accordance with the
11    curriculum standards in subsection (f) of this Section;
12        (6) understanding cultural perceptions and common
13    myths of sexual assault and sexual abuse; and
14        (7) report writing techniques in accordance with the
15    curriculum standards in subsection (f) of this Section.
16    (b) This training must be presented in all full and
17part-time basic law enforcement academies on or before July 1,
182018.
19    (c) The Department must present this training to all State
20police officers within 3 years after the effective date of this
21amendatory Act of the 99th General Assembly and must present
22in-service training on sexual assault and sexual abuse response
23and report writing training requirements every 3 years.
24    (d) The Department must provide to all State police
25officers who conduct sexual assault and sexual abuse
26investigations, specialized training on sexual assault and

 

 

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1sexual abuse investigations within 2 years after the effective
2date of this amendatory Act of the 99th General Assembly and
3must present in-service training on sexual assault and sexual
4abuse investigations to these officers every 3 years.
5    (e) Instructors providing this training shall have
6successfully completed training on evidence-based,
7trauma-informed, victim-centered responses to cases of sexual
8assault and sexual abuse and have experience responding to
9sexual assault and sexual abuse cases.
10    (f) The Department shall adopt rules, in consultation with
11the Office of the Illinois Attorney General and the Illinois
12Law Enforcement Training Standards Board, to determine the
13specific training requirements for these courses, including,
14but not limited to, the following:
15        (1) evidence-based curriculum standards for report
16    writing and immediate response to sexual assault and sexual
17    abuse, including trauma-informed, victim-centered
18    interview techniques, which have been demonstrated to
19    minimize retraumatization, for all State police officers;
20    and
21        (2) evidence-based curriculum standards for
22    trauma-informed, victim-centered investigation and
23    interviewing techniques, which have been demonstrated to
24    minimize retraumatization, for cases of sexual assault and
25    sexual abuse for all State Police officers who conduct
26    sexual assault and sexual abuse investigations.
 

 

 

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1    Section 110. The Illinois Police Training Act is amended by
2changing Section 7 and adding Section 10.19 as follows:
 
3    (50 ILCS 705/7)  (from Ch. 85, par. 507)
4    Sec. 7. Rules and standards for schools. The Board shall
5adopt rules and minimum standards for such schools which shall
6include but not be limited to the following:
7    a. The curriculum for probationary police officers which
8shall be offered by all certified schools shall include but not
9be limited to courses of procedural justice, arrest and use and
10control tactics, search and seizure, including temporary
11questioning, civil rights, human rights, human relations,
12cultural competency, including implicit bias and racial and
13ethnic sensitivity, criminal law, law of criminal procedure,
14constitutional and proper use of law enforcement authority,
15vehicle and traffic law including uniform and
16non-discriminatory enforcement of the Illinois Vehicle Code,
17traffic control and accident investigation, techniques of
18obtaining physical evidence, court testimonies, statements,
19reports, firearms training, training in the use of electronic
20control devices, including the psychological and physiological
21effects of the use of those devices on humans, first-aid
22(including cardiopulmonary resuscitation), training in the
23administration of opioid antagonists as defined in paragraph
24(1) of subsection (e) of Section 5-23 of the Alcoholism and

 

 

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1Other Drug Abuse and Dependency Act, handling of juvenile
2offenders, recognition of mental conditions, including, but
3not limited to, the disease of addiction, which require
4immediate assistance and methods to safeguard and provide
5assistance to a person in need of mental treatment, recognition
6of abuse, neglect, financial exploitation, and self-neglect of
7adults with disabilities and older adults, as defined in
8Section 2 of the Adult Protective Services Act, crimes against
9the elderly, law of evidence, the hazards of high-speed police
10vehicle chases with an emphasis on alternatives to the
11high-speed chase, and physical training. The curriculum shall
12include specific training in techniques for immediate response
13to and investigation of cases of domestic violence and of
14sexual assault of adults and children, including cultural
15perceptions and common myths of sexual assault and sexual abuse
16rape as well as interview techniques that are trauma informed,
17victim centered, and victim sensitive. The curriculum shall
18include training in techniques designed to promote effective
19communication at the initial contact with crime victims and
20ways to comprehensively explain to victims and witnesses their
21rights under the Rights of Crime Victims and Witnesses Act and
22the Crime Victims Compensation Act. The curriculum shall also
23include a block of instruction aimed at identifying and
24interacting with persons with autism and other developmental or
25physical disabilities, reducing barriers to reporting crimes
26against persons with autism, and addressing the unique

 

 

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1challenges presented by cases involving victims or witnesses
2with autism and other developmental disabilities. The
3curriculum for permanent police officers shall include but not
4be limited to (1) refresher and in-service training in any of
5the courses listed above in this subparagraph, (2) advanced
6courses in any of the subjects listed above in this
7subparagraph, (3) training for supervisory personnel, and (4)
8specialized training in subjects and fields to be selected by
9the board. The training in the use of electronic control
10devices shall be conducted for probationary police officers,
11including University police officers.
12    b. Minimum courses of study, attendance requirements and
13equipment requirements.
14    c. Minimum requirements for instructors.
15    d. Minimum basic training requirements, which a
16probationary police officer must satisfactorily complete
17before being eligible for permanent employment as a local law
18enforcement officer for a participating local governmental
19agency. Those requirements shall include training in first aid
20(including cardiopulmonary resuscitation).
21    e. Minimum basic training requirements, which a
22probationary county corrections officer must satisfactorily
23complete before being eligible for permanent employment as a
24county corrections officer for a participating local
25governmental agency.
26    f. Minimum basic training requirements which a

 

 

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1probationary court security officer must satisfactorily
2complete before being eligible for permanent employment as a
3court security officer for a participating local governmental
4agency. The Board shall establish those training requirements
5which it considers appropriate for court security officers and
6shall certify schools to conduct that training.
7    A person hired to serve as a court security officer must
8obtain from the Board a certificate (i) attesting to his or her
9successful completion of the training course; (ii) attesting to
10his or her satisfactory completion of a training program of
11similar content and number of hours that has been found
12acceptable by the Board under the provisions of this Act; or
13(iii) attesting to the Board's determination that the training
14course is unnecessary because of the person's extensive prior
15law enforcement experience.
16    Individuals who currently serve as court security officers
17shall be deemed qualified to continue to serve in that capacity
18so long as they are certified as provided by this Act within 24
19months of June 1, 1997 (the effective date of Public Act
2089-685) this amendatory Act of 1996. Failure to be so
21certified, absent a waiver from the Board, shall cause the
22officer to forfeit his or her position.
23    All individuals hired as court security officers on or
24after the effective date of this amendatory Act of 1996 shall
25be certified within 12 months of the date of their hire, unless
26a waiver has been obtained by the Board, or they shall forfeit

 

 

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1their positions.
2    The Sheriff's Merit Commission, if one exists, or the
3Sheriff's Office if there is no Sheriff's Merit Commission,
4shall maintain a list of all individuals who have filed
5applications to become court security officers and who meet the
6eligibility requirements established under this Act. Either
7the Sheriff's Merit Commission, or the Sheriff's Office if no
8Sheriff's Merit Commission exists, shall establish a schedule
9of reasonable intervals for verification of the applicants'
10qualifications under this Act and as established by the Board.
11    g. Minimum in-service training requirements, which a
12police officer must satisfactorily complete every 3 years.
13Those requirements shall include constitutional and proper use
14of law enforcement authority, procedural justice, civil
15rights, human rights, and cultural competency.
16    h. Minimum in-service training requirements, which a
17police officer must satisfactorily complete at least annually.
18Those requirements shall include law updates and use of force
19training which shall include scenario based training, or
20similar training approved by the Board.
21(Source: P.A. 98-49, eff. 7-1-13; 98-358, eff. 1-1-14; 98-463,
22eff. 8-16-13; 98-756, eff. 7-16-14; 99-352, eff. 1-1-16;
2399-480, eff. 9-9-15; revised 10-20-15.)
 
24    (50 ILCS 705/10.19 new)
25    Sec. 10.19. Training; sexual assault and sexual abuse.

 

 

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1    (a) The Illinois Law Enforcement Training Standards Board
2shall conduct or approve training programs in trauma-informed
3responses and investigations of sexual assault and sexual
4abuse, which include, but is not limited to, the following:
5        (1) recognizing the symptoms of trauma;
6        (2) understanding the role trauma has played in a
7    victim's life;
8        (3) responding to the needs and concerns of a victim;
9        (4) delivering services in a compassionate, sensitive,
10    and nonjudgmental manner;
11        (5) interviewing techniques in accordance with the
12    curriculum standards in subsection (f) of this Section;
13        (6) understanding cultural perceptions and common
14    myths of sexual assault and sexual abuse; and
15        (7) report writing techniques in accordance with the
16    curriculum standards in subsection (f) of this Section.
17    (b) This training must be presented in all full and
18part-time basic law enforcement academies on or before July 1,
192018.
20    (c) Agencies employing law enforcement officers must
21present this training to all law enforcement officers within 3
22years after the effective date of this amendatory Act of the
2399th General Assembly and must present in-service training on
24sexual assault and sexual abuse response and report writing
25training requirements every 3 years.
26    (d) Agencies employing law enforcement officers who

 

 

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1conduct sexual assault and sexual abuse investigations must
2provide specialized training to these officers on sexual
3assault and sexual abuse investigations within 2 years after
4the effective date of this amendatory Act of the 99th General
5Assembly and must present in-service training on sexual assault
6and sexual abuse investigations to these officers every 3
7years.
8    (e) Instructors providing this training shall have
9successfully completed training on evidence-based,
10trauma-informed, victim-centered response to cases of sexual
11assault and sexual abuse and have experience responding to
12sexual assault and sexual abuse cases.
13    (f) The Board shall adopt rules, in consultation with the
14Office of the Illinois Attorney General and the Department of
15State Police, to determine the specific training requirements
16for these courses, including, but not limited to, the
17following:
18        (1) evidence-based curriculum standards for report
19    writing and immediate response to sexual assault and sexual
20    abuse, including trauma-informed, victim-centered
21    interview techniques, which have been demonstrated to
22    minimize retraumatization, for probationary police
23    officers and all law enforcement officers; and
24        (2) evidence-based curriculum standards for
25    trauma-informed, victim-centered investigation and
26    interviewing techniques, which have been demonstrated to

 

 

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1    minimize retraumatization, for cases of sexual assault and
2    sexual abuse for law enforcement officers who conduct
3    sexual assault and sexual abuse investigations.
 
4    Section 115. The Sexual Assault Survivors Emergency
5Treatment Act is amended by changing Sections 1a and 6.4 and by
6adding Sections 6.5 and 6.6 as follows:
 
7    (410 ILCS 70/1a)  (from Ch. 111 1/2, par. 87-1a)
8    Sec. 1a. Definitions. In this Act:
9    "Ambulance provider" means an individual or entity that
10owns and operates a business or service using ambulances or
11emergency medical services vehicles to transport emergency
12patients.
13    "Areawide sexual assault treatment plan" means a plan,
14developed by the hospitals in the community or area to be
15served, which provides for hospital emergency services to
16sexual assault survivors that shall be made available by each
17of the participating hospitals.
18    "Department" means the Department of Public Health.
19    "Emergency contraception" means medication as approved by
20the federal Food and Drug Administration (FDA) that can
21significantly reduce the risk of pregnancy if taken within 72
22hours after sexual assault.
23    "Follow-up healthcare" means healthcare services related
24to a sexual assault, including laboratory services and pharmacy

 

 

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1services, rendered within 90 days of the initial visit for
2hospital emergency services.
3    "Forensic services" means the collection of evidence
4pursuant to a statewide sexual assault evidence collection
5program administered by the Department of State Police, using
6the Illinois State Police Sexual Assault Evidence Collection
7Kit.
8    "Health care professional" means a physician, a physician
9assistant, or an advanced practice nurse.
10    "Hospital" has the meaning given to that term in the
11Hospital Licensing Act.
12    "Hospital emergency services" means healthcare delivered
13to outpatients within or under the care and supervision of
14personnel working in a designated emergency department of a
15hospital, including, but not limited to, care ordered by such
16personnel for a sexual assault survivor in the emergency
17department.
18    "Illinois State Police Sexual Assault Evidence Collection
19Kit" means a prepackaged set of materials and forms to be used
20for the collection of evidence relating to sexual assault. The
21standardized evidence collection kit for the State of Illinois
22shall be the Illinois State Police Sexual Assault Evidence
23Collection Kit.
24    "Law enforcement agency having jurisdiction" means the law
25enforcement agency in the jurisdiction where an alleged sexual
26assault or sexual abuse occurred.

 

 

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1    "Nurse" means a nurse licensed under the Nurse Practice
2Act.
3    "Physician" means a person licensed to practice medicine in
4all its branches.
5    "Sexual assault" means an act of nonconsensual sexual
6conduct or sexual penetration, as defined in Section 11-0.1 of
7the Criminal Code of 2012, including, without limitation, acts
8prohibited under Sections 11-1.20 through 11-1.60 of the
9Criminal Code of 2012.
10    "Sexual assault survivor" means a person who presents for
11hospital emergency services in relation to injuries or trauma
12resulting from a sexual assault.
13    "Sexual assault transfer plan" means a written plan
14developed by a hospital and approved by the Department, which
15describes the hospital's procedures for transferring sexual
16assault survivors to another hospital in order to receive
17emergency treatment.
18    "Sexual assault treatment plan" means a written plan
19developed by a hospital that describes the hospital's
20procedures and protocols for providing hospital emergency
21services and forensic services to sexual assault survivors who
22present themselves for such services, either directly or
23through transfer from another hospital.
24    "Transfer services" means the appropriate medical
25screening examination and necessary stabilizing treatment
26prior to the transfer of a sexual assault survivor to a

 

 

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1hospital that provides hospital emergency services and
2forensic services to sexual assault survivors pursuant to a
3sexual assault treatment plan or areawide sexual assault
4treatment plan.
5    "Voucher" means a document generated by a hospital at the
6time the sexual assault survivor receives hospital emergency
7and forensic services that a sexual assault survivor may
8present to providers for follow-up healthcare.
9(Source: P.A. 99-454, eff. 1-1-16.)
 
10    (410 ILCS 70/6.4)  (from Ch. 111 1/2, par. 87-6.4)
11    Sec. 6.4. Sexual assault evidence collection program.
12    (a) There is created a statewide sexual assault evidence
13collection program to facilitate the prosecution of persons
14accused of sexual assault. This program shall be administered
15by the Illinois State Police. The program shall consist of the
16following: (1) distribution of sexual assault evidence
17collection kits which have been approved by the Illinois State
18Police to hospitals that request them, or arranging for such
19distribution by the manufacturer of the kits, (2) collection of
20the kits from hospitals after the kits have been used to
21collect evidence, (3) analysis of the collected evidence and
22conducting of laboratory tests, (4) maintaining the chain of
23custody and safekeeping of the evidence for use in a legal
24proceeding, and (5) the comparison of the collected evidence
25with the genetic marker grouping analysis information

 

 

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1maintained by the Department of State Police under Section
25-4-3 of the Unified Code of Corrections and with the
3information contained in the Federal Bureau of Investigation's
4National DNA database; provided the amount and quality of
5genetic marker grouping results obtained from the evidence in
6the sexual assault case meets the requirements of both the
7Department of State Police and the Federal Bureau of
8Investigation's Combined DNA Index System (CODIS) policies.
9The standardized evidence collection kit for the State of
10Illinois shall be the Illinois State Police Sexual Assault
11Evidence Kit and shall include a written consent form
12authorizing law enforcement to test the sexual assault evidence
13and to provide law enforcement with details of the sexual
14assault. A sexual assault evidence collection kit may not be
15released by a hospital without the written consent of the
16sexual assault survivor. In the case of a survivor who is a
17minor 13 years of age or older, evidence and information
18concerning the sexual assault may be released at the written
19request of the minor. If the survivor is a minor who is under
2013 years of age, evidence and information concerning the
21alleged sexual assault may be released at the written request
22of the parent, guardian, investigating law enforcement
23officer, or Department of Children and Family Services. If the
24survivor is an adult who has a guardian of the person, a health
25care surrogate, or an agent acting under a health care power of
26attorney, then consent of the guardian, surrogate, or agent is

 

 

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1not required to release evidence and information concerning the
2sexual assault. If the adult is unable to provide consent for
3the release of evidence and information and a guardian,
4surrogate, or agent under a health care power of attorney is
5unavailable or unwilling to release the information, then an
6investigating law enforcement officer may authorize the
7release. Any health care professional, including any
8physician, advanced practice nurse, physician assistant, or
9nurse, sexual assault nurse examiner, and any health care
10institution, including any hospital, who provides evidence or
11information to a law enforcement officer pursuant to a written
12request as specified in this Section is immune from any civil
13or professional liability that might arise from those actions,
14with the exception of willful or wanton misconduct. The
15immunity provision applies only if all of the requirements of
16this Section are met.
17    (a-5) (Blank).
18    (b) The Illinois State Police shall administer a program to
19train hospitals and hospital personnel participating in the
20sexual assault evidence collection program, in the correct use
21and application of the sexual assault evidence collection kits.
22A sexual assault nurse examiner may conduct examinations using
23the sexual assault evidence collection kits, without the
24presence or participation of a physician. The Department shall
25cooperate with the Illinois State Police in this program as it
26pertains to medical aspects of the evidence collection.

 

 

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1    (c) In this Section, "sexual assault nurse examiner" means
2a registered nurse who has completed a sexual assault nurse
3examiner (SANE) training program that meets the Forensic Sexual
4Assault Nurse Examiner Education Guidelines established by the
5International Association of Forensic Nurses.
6(Source: P.A. 95-331, eff. 8-21-07; 95-432, eff. 1-1-08;
796-318, eff. 1-1-10; 96-1011, eff. 9-1-10.)
 
8    (410 ILCS 70/6.5 new)
9    Sec. 6.5. Written consent to the release of sexual assault
10evidence for testing.
11    (a) Upon the completion of hospital emergency services and
12forensic services, the health care professional providing the
13forensic services shall provide the patient the opportunity to
14sign a written consent to allow law enforcement to submit the
15sexual assault evidence for testing. The written consent shall
16be on a form included in the sexual assault evidence collection
17kit and shall include whether the survivor consents to the
18release of information about the sexual assault to law
19enforcement.
20        (1) A survivor 13 years of age or older may sign the
21    written consent to release the evidence for testing.
22        (2) If the survivor is a minor who is under 13 years of
23    age, the written consent to release the sexual assault
24    evidence for testing may be signed by the parent, guardian,
25    investigating law enforcement officer, or Department of

 

 

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1    Children and Family Services.
2        (3) If the survivor is an adult who has a guardian of
3    the person, a health care surrogate, or an agent acting
4    under a health care power of attorney, the consent of the
5    guardian, surrogate, or agent is not required to release
6    evidence and information concerning the sexual assault or
7    sexual abuse. If the adult is unable to provide consent for
8    the release of evidence and information and a guardian,
9    surrogate, or agent under a health care power of attorney
10    is unavailable or unwilling to release the information,
11    then an investigating law enforcement officer may
12    authorize the release.
13        (4) Any health care professional, including any
14    physician, advanced practice nurse, physician assistant,
15    or nurse, sexual assault nurse examiner, and any health
16    care institution, including any hospital, who provides
17    evidence or information to a law enforcement officer under
18    a written consent as specified in this Section is immune
19    from any civil or professional liability that might arise
20    from those actions, with the exception of willful or wanton
21    misconduct. The immunity provision applies only if all of
22    the requirements of this Section are met.
23    (b) The hospital shall keep a copy of a signed or unsigned
24written consent form in the patient's medical record.
25    (c) If a written consent to allow law enforcement to test
26the sexual assault evidence is not signed at the completion of

 

 

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1hospital emergency services and forensic services, the
2hospital shall include the following information in its
3discharge instructions:
4        (1) the sexual assault evidence will be stored for 5
5    years from the completion of an Illinois State Police
6    Sexual Assault Evidence Collection Kit, or 5 years from the
7    age of 18 years, whichever is longer;
8        (2) a person authorized to consent to the testing of
9    the sexual assault evidence may sign a written consent to
10    allow law enforcement to test the sexual assault evidence
11    at any time during that 5-year period for an adult victim,
12    or until a minor victim turns 23 years of age by (A)
13    contacting the law enforcement agency having jurisdiction,
14    or if unknown, the law enforcement agency contacted by the
15    hospital under Section 3.2 of the Criminal Identification
16    Act; or (B) by working with an advocate at a rape crisis
17    center;
18        (3) the name, address, and phone number of the law
19    enforcement agency having jurisdiction, or if unknown the
20    name, address, and phone number of the law enforcement
21    agency contacted by the hospital under Section 3.2 of the
22    Criminal Identification Act; and
23        (4) the name and phone number of a local rape crisis
24    center.
 
25    (410 ILCS 70/6.6 new)

 

 

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1    Sec. 6.6. Submission of sexual assault evidence.
2    (a) As soon as practicable, but in no event more than 4
3hours after the completion of hospital emergency services and
4forensic services, the hospital shall make reasonable efforts
5to determine the law enforcement agency having jurisdiction
6where the sexual assault occurred. The hospital may obtain the
7name of the law enforcement agency with jurisdiction from the
8local law enforcement agency.
9    (b) Within 4 hours after the completion of hospital
10emergency services and forensic services, the hospital shall
11notify the law enforcement agency having jurisdiction that the
12hospital is in possession of sexual assault evidence and the
13date and time the collection of evidence was completed. The
14hospital shall document the notification in the patient's
15medical records and shall include the agency notified, the date
16and time of the notification and the name of the person who
17received the notification. This notification to the law
18enforcement agency having jurisdiction satisfies the
19hospital's requirement to contact its local law enforcement
20agency under Section 3.2 of the Criminal Identification Act.
21    (c) If the law enforcement agency having jurisdiction has
22not taken physical custody of sexual assault evidence within 5
23days of the first contact by the hospital, the hospital shall
24re-notify the law enforcement agency having jurisdiction that
25the hospital is in possession of sexual assault evidence and
26the date the sexual assault evidence was collected. The

 

 

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1hospital shall document the re-notification in the patient's
2medical records and shall include the agency notified, the date
3and time of the notification and the name of the person who
4received the notification.
5    (d) If the law enforcement agency having jurisdiction has
6not taken physical custody of the sexual assault evidence
7within 10 days of the first contact by the hospital and the
8hospital has provided renotification under subsection (c) of
9this Section, the hospital shall contact the State's Attorney
10of the county where the law enforcement agency having
11jurisdiction is located. The hospital shall inform the State's
12Attorney that the hospital is in possession of sexual assault
13evidence, the date the sexual assault evidence was collected,
14the law enforcement agency having jurisdiction, the dates,
15times and names of persons notified under subsections (b) and
16(c) of this Section. The notification shall be made within 14
17days of the collection of the sexual assault evidence.
 
18    Section 120. The Sexual Assault Evidence Submission Act is
19amended by changing Section 10 as follows:
 
20    (725 ILCS 202/10)
21    Sec. 10. Submission of evidence. Law enforcement agencies
22that receive sexual assault evidence that the victim of a
23sexual assault or sexual abuse or a person authorized under
24Section 6.5 of the Sexual Assault Survivors Emergency Treatment

 

 

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1Act has consented to allow law enforcement to test in
2connection with the investigation of a criminal case on or
3after the effective date of this Act must submit evidence from
4the case within 10 business days of receipt of the consent to
5test to a Department of State Police forensic laboratory or a
6laboratory approved and designated by the Director of State
7Police. The written report required under Section 20 of the
8Sexual Assault Incident Procedure Act shall include the date
9and time the sexual assault evidence was picked up from the
10hospital, the date consent to test the sexual assault evidence
11was given, and the date and time the sexual assault evidence
12was sent to the laboratory. Sexual assault evidence received by
13a law enforcement agency within 30 days prior to the effective
14date of this Act shall be submitted pursuant to this Section.
15(Source: P.A. 96-1011, eff. 9-1-10.)