Illinois General Assembly - Full Text of HB6135
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Full Text of HB6135  99th General Assembly




State of Illinois
2015 and 2016


Introduced 2/11/2016, by Rep. Litesa E. Wallace


New Act
50 ILCS 705/7.7 new

    Creates the Law Enforcement Sexual Assault Investigation Act. Provides that allegations of sexual assault of an officer while performing his or her duties shall immediately be reported to the police officer's supervisory or command personnel and an independent law enforcement agency. Provides that the independent law enforcement agency shall conduct a formal investigation of the allegations and provide written findings and recommendations to the State's Attorney and police officer's supervisory or command personnel which may be the basis for filing charges seeking the police officer's removal, discharge, or suspension. Limits home rule powers. Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall adopt written protocols and guidelines for the investigation of law enforcement officers accused of sexual assault.

LRB099 19543 AWJ 43938 b






HB6135LRB099 19543 AWJ 43938 b

1    AN ACT concerning local government.
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 Law
5Enforcement Sexual Assault Investigation Act.
6    Section 5. Definitions. As used in this Act:
7    "Formal investigation" has the meaning ascribed to it in
8Section 2 of the Uniform Peace Officers' Disciplinary Act.
9    "Independent agency" means a law enforcement agency which
10does not employ the officer accused of sexual assault.
11    "Informal inquiry" has the meaning ascribed to it in
12Section 2 of the Uniform Peace Officers' Disciplinary Act.
13    "Law enforcement agency" means an agency of the State or of
14a unit of local of government which is vested by law or
15ordinance with the duty to maintain public order and to enforce
16criminal laws.
17    "Police officer" means any person employed by a law
18enforcement agency of the State, a county, or a municipality as
19a policeman, peace officer, or in some like position involving
20the enforcement of the law and protection of public interest at
21the risk of the person's life.
22    "Sexual assault" has the meaning ascribed to it in Section
231a of the Sexual Assault Survivors Emergency Treatment Act.



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1    Section 10. Complaints of sexual assault. If a law
2enforcement agency receives a complaint, or other formal or
3informal notice, that a police officer has committed a sexual
4assault while acting in his or her capacity as a police
5officer, such complaint or notice shall be immediately reported
6to the police officer's supervisory or command personnel. The
7complaint or notice of sexual assault shall also be immediately
8reported to an independent agency under the protocols and
9guidelines as created by the Illinois Law Enforcement Training
10Standards Board under Section 7.7 of the Illinois Police
11Training Act.
12    Section 15. Investigations of sexual assault.
13    (a) After an independent agency has been informed of
14allegations of a sexual assault by a police officer under
15Section 10, the independent agency shall proceed with a formal
16investigation of the police officer based on the allegation.
17    (b) The independent agency shall have all the rights and
18privileges provided to the law enforcement agency employing the
19police officer, the internal investigation department of that
20law enforcement agency, or any other state or federal agency
21would have in investigating the allegations of sexual assault
22against the police officer.
23    (c) After the independent agency has concluded its formal
24investigation, it shall prepare written findings and



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1recommendations and forward same to the police officer's
2supervisory or command personnel and the State's Attorney with
3jurisdiction over the police officer's law enforcement agency.
4The independent agency's written findings and recommendations
5may be the basis for filing charges seeking the police
6officer's removal, discharge, or suspension.
7    Section 20. Informal inquiry. Nothing in this Act shall
8prohibit a police officer's supervisory or command personnel
9from conducting an informal inquiry of allegations of sexual
10assault against the police officer unless such informal inquiry
11would in any way interfere with the formal investigation being
12conducted by the independent agency.
13    Section 25. Home rule. A home rule unit may not regulate
14investigations of allegations of sexual assault by a police
15officer in a manner inconsistent with this Act. This Act is a
16limitation under subsection (i) of Section 6 of Article VII of
17the Illinois Constitution on the concurrent exercise by home
18rule units of powers and functions exercised by the State.
19    Section 900. The Illinois Police Training Act is amended by
20adding Section 7.7 as follows:
21    (50 ILCS 705/7.7 new)
22    Sec. 7.7. Sexual assault investigations protocols and



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1guidelines. The Board shall adopt written protocols and
2guidelines for the investigation of law enforcement officers
3accused of sexual assault. The protocols and guidelines shall,
4at a minimum, be consistent with the Law Enforcement Sexual
5Assault Investigation Act.