Illinois General Assembly - Bill Status for HB1739
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 Bill Status of HB1739  102nd General Assembly


Short Description:  SEXUAL ASSAULT EVIDENCE TRACK

House Sponsors
Rep. Maura Hirschauer - Deb Conroy - Frances Ann Hurley, Joyce Mason and Lakesia Collins

Senate Sponsors
(Sen. Karina Villa - Robert Peters - Jacqueline Y. Collins - Patricia Van Pelt)

Last Action
DateChamber Action
  6/25/2021HousePublic Act . . . . . . . . . 102-0022

Statutes Amended In Order of Appearance
210 ILCS 85/6.02 new
725 ILCS 202/50


Synopsis As Introduced
Amends the Sexual Assault Evidence Submission Act. Provides that health care providers or local law enforcement must notify victims about the tracking system after an Illinois Sexual Assault Evidence Collection Kit has been analyzed. Amends the Hospital Licensing Act. Provides that a hospital licensed under this Act must comply with the requirements concerning the sexual assault evidence tracking system under the Sexual Assault Evidence Submission Act.

House Floor Amendment No. 2
Deletes reference to:
210 ILCS 85/6.02 new
Adds reference to:
725 ILCS 203/11 new
725 ILCS 203/25
725 ILCS 203/35

Replaces everything after the enacting clause. Amends the Sexual Assault Evidence Submission Act. Provides that the Illinois State Police may, rather than shall, develop rules to implement a sexual assault evidence tracking system. Amends the Sexual Assault Incident Procedure Act. Adds a requirement that at the time of first contact with the victim, law enforcement shall notify victims about the Illinois State Police sexual assault evidence tracking system. Provides that upon the request of the victim who has consented to the release of sexual assault evidence for testing, the law enforcement agency having jurisdiction shall notify the victim about the Illinois State Police sexual assault evidence tracking system. Makes other changes.

House Floor Amendment No. 3
Provides that a health care provider must provide information to victims about the tracking system at the time when information pertaining to the collection of sexual assault evidence is provided. Provides that using the contact information provided, a local law enforcement agency must take reasonable steps to notify victims about the tracking system after sexual assault evidence has been collected.

Senate Committee Amendment No. 1
Adds reference to:
410 ILCS 70/5from Ch. 111 1/2, par. 87-5
410 ILCS 70/5-1

Replaces everything after the enacting clause. Reinserts the provisions of the bill as engrossed, with the following changes: Amends the Sexual Assault Survivors Emergency Treatment Act. In a provision concerning the minimum requirements for medical forensic services provided to sexual assault survivors by hospitals and approved pediatric health care facilities, provides that a treatment hospital, a treatment hospital with approved pediatric transfer, or an approved pediatric health care facility shall provide written information regarding the Illinois State Police sexual assault evidence tracking system. Makes a conforming change in a provision concerning minimum requirements for medical forensic services provided to sexual assault survivors by hospitals, approved pediatric health care facilities, and approved federally qualified health centers. Further amends the Sexual Assault Incident Procedure Act. Replaces the contents of a provision concerning victim notification with a provision providing that when evidence is collected from a sexual assault survivor, the health care provider or law enforcement officer who collects the evidence must notify a victim about the tracking system. Effective immediately.

Senate Floor Amendment No. 3
In a provision concerning victim notification, replaces a reference to evidence with a reference to the Illinois State Police Sexual Assault Evidence Collection Kit. In the same provision, provides that the notification requirement is satisfied by providing the victim information regarding the Sexual Assault Evidence Tracking System and the victim's unique log-in information contained within the sexual assault evidence kit or generated by the sexual assault evidence tracking system.

Senate Floor Amendment No. 5
Adds reference to:
410 ILCS 70/1afrom Ch. 111 1/2, par. 87-1a
410 ILCS 70/1a-1
410 ILCS 70/2from Ch. 111 1/2, par. 87-2
410 ILCS 70/2-1
410 ILCS 70/2.05
410 ILCS 70/2.05-1
410 ILCS 70/2.06
410 ILCS 70/2.06-1
410 ILCS 70/2.1from Ch. 111 1/2, par. 87-2.1
410 ILCS 70/2.1-1
410 ILCS 70/2.2
410 ILCS 70/2.2-1
410 ILCS 70/3from Ch. 111 1/2, par. 87-3
410 ILCS 70/3-1
410 ILCS 70/5from Ch. 111 1/2, par. 87-5
410 ILCS 70/5-1
410 ILCS 70/5.1
410 ILCS 70/5.1-1
410 ILCS 70/5.2
410 ILCS 70/5.2-1
410 ILCS 70/5.3
410 ILCS 70/5.3-1
410 ILCS 70/5.5
410 ILCS 70/5.5-1
410 ILCS 70/6.1from Ch. 111 1/2, par. 87-6.1
410 ILCS 70/6.1-1
410 ILCS 70/6.2from Ch. 111 1/2, par. 87-6.2
410 ILCS 70/6.2-1
410 ILCS 70/6.4from Ch. 111 1/2, par. 87-6.4
410 ILCS 70/6.4-1
410 ILCS 70/6.5
410 ILCS 70/6.5-1
410 ILCS 70/6.6
410 ILCS 70/6.6-1
410 ILCS 70/7from Ch. 111 1/2, par. 87-7
410 ILCS 70/7-1
410 ILCS 70/7.5
410 ILCS 70/7.5-1
410 ILCS 70/8from Ch. 111 1/2, par. 87-8
410 ILCS 70/8-1
410 ILCS 70/10
410 ILCS 70/10-1
725 ILCS 5/106B-10
725 ILCS 120/4.5
725 ILCS 120/7from Ch. 38, par. 1407
725 ILCS 120/9from Ch. 38, par. 1408
725 ILCS 202/50
725 ILCS 203/11 new
725 ILCS 203/25
725 ILCS 203/35

Replaces everything after the enacting clause. Amends the Sexual Assault Survivors Emergency Treatment Act. Makes changes to effective and repeal dates. Amends the Code of Criminal Procedure of 1963. Provides that in a prosecution of any violent crime as defined in the Rights of Crime Victims and Witnesses Act, the court may set any conditions it finds just and appropriate on the taking of testimony of a victim who is a child under the age of 18 years or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability, involving the use of a facility dog in any proceeding involving that offense. Amends the Rights of Crime Victims and Witnesses Act. Provides that the office of the State's Attorney shall consult with the crime victim regarding the State's Attorney's decision not to charge an offense and that the victim has the right to have an attorney, advocate, and other support person of the victim's choice attend this consultation with them. Provides that the office of the State's Attorney shall give the crime victim timely notice of any decision not to pursue charges and consider the safety of the victim when deciding how to give such notice. Provides that no later than January 1, 2023, the Office of the Attorney General shall: (1) designate an administrative authority within the Office of the Attorney General to receive and investigate complaints relating to the provision or violation of the rights of a crime victim; (2) create and administer a course of training for employees and offices of the State of Illinois that fail to comply with provisions of Illinois law pertaining to the treatment of crime victims; and (3) have the authority to make recommendations to employees and offices of the State of Illinois to respond more effectively to the needs of crime victims, including regarding the violation of the rights of a crime victim. Provides for penalties for violations of victim's rights by certain offices and employees. Provides that a prosecuting attorney who seeks to subpoena information or records concerning the victim that are confidential or privileged by law must first request the written consent of the crime victim. Amends the Sexual Assault Evidence Submission Act. In a provision concerning the sexual assault evidence tracking system, provides that the Illinois State Police may (rather than shall) develop rules to implement a sexual assault evidence tracking system. Amends the Sexual Assault Incident Procedure Act. Provides for victim notification under specified circumstances in various provisions. Makes other changes. Effective immediately.

Actions 
DateChamber Action
  2/11/2021HouseFiled with the Clerk by Rep. Maura Hirschauer
  2/16/2021HouseAdded Chief Co-Sponsor Rep. Deb Conroy
  2/17/2021HouseFirst Reading
  2/17/2021HouseReferred to Rules Committee
  3/9/2021HouseAssigned to Judiciary - Criminal Committee
  3/22/2021HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Maura Hirschauer
  3/22/2021HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/23/2021HouseDo Pass / Short Debate Judiciary - Criminal Committee; 019-000-000
  3/23/2021HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  4/8/2021HousePlaced on Calendar 2nd Reading - Short Debate
  4/8/2021HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Maura Hirschauer
  4/8/2021HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/12/2021HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Maura Hirschauer
  4/12/2021HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/13/2021HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
  4/14/2021HouseHouse Floor Amendment No. 3 Rules Refers to Judiciary - Criminal Committee
  4/14/2021HouseSecond Reading - Short Debate
  4/14/2021HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/16/2021HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary - Criminal Committee; 019-000-000
  4/16/2021HouseHouse Floor Amendment No. 3 Recommends Be Adopted Judiciary - Criminal Committee; 019-000-000
  4/20/2021HouseRecalled to Second Reading - Short Debate
  4/20/2021HouseHouse Floor Amendment No. 2 Adopted
  4/20/2021HouseHouse Floor Amendment No. 3 Adopted
  4/20/2021HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/20/2021HouseThird Reading - Short Debate - Passed 112-000-000
  4/20/2021HouseAdded Chief Co-Sponsor Rep. Frances Ann Hurley
  4/20/2021HouseAdded Co-Sponsor Rep. Joyce Mason
  4/20/2021HouseAdded Co-Sponsor Rep. Lakesia Collins
  4/21/2021SenateArrive in Senate
  4/21/2021SenatePlaced on Calendar Order of First Reading April 22, 2021
  4/22/2021SenateChief Senate Sponsor Sen. Karina Villa
  4/22/2021SenateFirst Reading
  4/22/2021SenateReferred to Assignments
  5/11/2021SenateAssigned to Executive
  5/14/2021SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Karina Villa
  5/14/2021SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/17/2021SenateSenate Committee Amendment No. 1 Assignments Refers to Executive
  5/19/2021SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Karina Villa
  5/19/2021SenateSenate Committee Amendment No. 2 Referred to Assignments
  5/19/2021SenateSenate Committee Amendment No. 1 Adopted
  5/19/2021SenateDo Pass as Amended Executive; 016-000-000
  5/19/2021SenatePlaced on Calendar Order of 2nd Reading May 20, 2021
  5/25/2021SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Karina Villa
  5/25/2021SenateSenate Floor Amendment No. 3 Referred to Assignments
  5/26/2021SenateSenate Floor Amendment No. 3 Assignments Refers to Executive
  5/27/2021SenateSenate Floor Amendment No. 3 Recommend Do Adopt Executive; 016-000-000
  5/27/2021SenateSenate Floor Amendment No. 3 Adopted; Villa
  5/27/2021SenateSecond Reading
  5/27/2021SenatePlaced on Calendar Order of 3rd Reading May 28, 2021
  5/28/2021SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. Karina Villa
  5/28/2021SenateSenate Floor Amendment No. 4 Referred to Assignments
  5/29/2021SenateSenate Floor Amendment No. 4 Assignments Refers to Executive
  5/29/2021SenateSenate Floor Amendment No. 5 Filed with Secretary by Sen. Karina Villa
  5/29/2021SenateSenate Floor Amendment No. 5 Referred to Assignments
  5/29/2021SenateSenate Floor Amendment No. 4 Postponed - Executive
  5/29/2021SenateSenate Floor Amendment No. 5 Assignments Refers to Executive
  5/30/2021SenateSenate Floor Amendment No. 5 Recommend Do Adopt Executive; 005-000-000
  5/30/2021SenateAdded as Alternate Chief Co-Sponsor Sen. Robert Peters
  5/30/2021SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/30/2021SenateAdded as Alternate Chief Co-Sponsor Sen. Patricia Van Pelt
  5/30/2021SenateRecalled to Second Reading
  5/30/2021SenateSenate Floor Amendment No. 5 Adopted; Villa
  5/30/2021SenatePlaced on Calendar Order of 3rd Reading
  5/30/2021SenateThird Reading - Passed; 059-000-000
  5/30/2021SenateSenate Committee Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  5/30/2021SenateSenate Floor Amendment No. 4 Tabled Pursuant to Rule 5-4(a)
  5/31/2021HouseArrived in House
  5/31/2021HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 3, 5
  5/31/2021HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Maura Hirschauer
  5/31/2021HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/31/2021HouseSenate Floor Amendment No. 3 Motion Filed Concur Rep. Maura Hirschauer
  5/31/2021HouseSenate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee
  5/31/2021HouseSenate Floor Amendment No. 5 Motion Filed Concur Rep. Maura Hirschauer
  5/31/2021HouseSenate Floor Amendment No. 5 Motion to Concur Referred to Rules Committee
  5/31/2021HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 003-001-000
  5/31/2021HouseSenate Floor Amendment No. 3 Motion to Concur Recommends Be Adopted Rules Committee; 003-001-000
  5/31/2021HouseSenate Floor Amendment No. 5 Motion to Concur Recommends Be Adopted Rules Committee; 003-001-000
  6/1/2021HouseSenate Committee Amendment No. 1 House Concurs 116-000-000
  6/1/2021HouseSenate Floor Amendment No. 3 House Concurs 116-000-000
  6/1/2021HouseSenate Floor Amendment No. 5 House Concurs 116-000-000
  6/1/2021HouseHouse Concurs
  6/1/2021HousePassed Both Houses
  6/24/2021HouseSent to the Governor
  6/25/2021HouseGovernor Approved
  6/25/2021HouseEffective Date June 25, 2021
  6/25/2021HousePublic Act . . . . . . . . . 102-0022

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