Full Text of SB3096 99th General Assembly
SB3096enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Sexual | 5 | | Assault Incident Procedure Act. | 6 | | Section 5. Legislative findings. The General Assembly | 7 | | finds: | 8 | | (1) Sexual assault and sexual abuse are personal and | 9 | | violent crimes that disproportionately impact women, children, | 10 | | lesbian, gay, bisexual, and transgender individuals in | 11 | | Illinois, yet only a small percentage of these crimes are | 12 | | reported, less than one in five, and even fewer result in a | 13 | | conviction. | 14 | | (2) The trauma of sexual assault and sexual abuse often | 15 | | leads to severe mental, physical, and economic consequences for | 16 | | the victim. | 17 | | (3) The diminished ability of victims to recover from their | 18 | | sexual assault or sexual abuse has been directly linked to the | 19 | | response of others to their trauma. | 20 | | (4) The response of law enforcement can directly impact a | 21 | | victim's ability to heal as well as his or her willingness to | 22 | | actively participate in the investigation by law enforcement. | 23 | | (5) Research has shown that a traumatic event impacts |
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| 1 | | memory consolidation and encoding. Allowing a victim to | 2 | | complete at least 2 full sleep cycles before an in-depth | 3 | | interview can improve the victim's ability to provide a history | 4 | | of the sexual assault or sexual abuse. | 5 | | (6) Victim participation is critical to the successful | 6 | | identification and prosecution of sexual predators. To | 7 | | facilitate victim participation, law enforcement should inform | 8 | | victims of the testing of physical evidence and the results of | 9 | | such testing. | 10 | | (7) Identification and successful prosecution of sexual | 11 | | predators prevents new victimization. For this reason, | 12 | | improving the response of the criminal justice system to | 13 | | victims of sexual assault and sexual abuse is critical to | 14 | | protecting public safety. | 15 | | Section 10. Definitions. In this Act: | 16 | | "Board" means the Illinois Law Enforcement Training | 17 | | Standards Board. | 18 | | "Evidence-based, trauma-informed, victim-centered" means | 19 | | policies, procedures, programs, and practices that have been | 20 | | demonstrated to minimize retraumatization associated with the | 21 | | criminal justice process by recognizing the presence of trauma | 22 | | symptoms and acknowledging the role that trauma has played in a | 23 | | sexual assault or sexual abuse victim's life and focusing on | 24 | | the needs and concerns of a victim that ensures compassionate | 25 | | and sensitive delivery of services in a nonjudgmental manner. |
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| 1 | | "Law enforcement agency having jurisdiction" means the law | 2 | | enforcement agency in the jurisdiction where an alleged sexual | 3 | | assault or sexual abuse occurred. | 4 | | "Sexual assault evidence" means evidence collected in | 5 | | connection with a sexual assault or sexual abuse investigation, | 6 | | including, but not limited to, evidence collected using the | 7 | | Illinois State Police Sexual Assault Evidence Collection Kit as | 8 | | defined in Section 1a of the Sexual Assault Survivors Emergency | 9 | | Treatment Act. | 10 | | "Sexual assault or sexual abuse" means an act of | 11 | | nonconsensual sexual conduct or sexual penetration, as defined | 12 | | in Section 12-12 of the Criminal Code of 1961 or Section 11-0.1 | 13 | | of the Criminal Code of 2012, including, without limitation, | 14 | | acts prohibited under Sections 12-13 through 12-16 of the | 15 | | Criminal Code of 1961 or Sections 11-1.20 through 11-1.60 of | 16 | | the Criminal Code of 2012. | 17 | | Section 15. Sexual assault incident policies. | 18 | | (a) On or before January 1, 2018, every law enforcement | 19 | | agency shall develop, adopt, and implement written policies | 20 | | regarding procedures for incidents of sexual assault or sexual | 21 | | abuse consistent with the guidelines developed under | 22 | | subsection (b) of this Section. In developing these policies, | 23 | | each law enforcement agency is encouraged to consult with other | 24 | | law enforcement agencies, sexual assault advocates, and sexual | 25 | | assault nurse examiners with expertise in recognizing and |
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| 1 | | handling sexual assault and sexual abuse incidents. These | 2 | | policies must include mandatory sexual assault and sexual abuse | 3 | | response training as required in Section 10.19 of the Illinois | 4 | | Police Training Act and Sections 2605-53 and 2605-98 of the | 5 | | Department of State Police Law of the Civil Administrative Code | 6 | | of Illinois. | 7 | | (b) On or before July 1, 2017, the Office of the Attorney | 8 | | General, in consultation with the Illinois Law Enforcement | 9 | | Training Standards Board and the Department of State Police, | 10 | | shall develop and make available to each law enforcement | 11 | | agency, comprehensive guidelines for creation of a law | 12 | | enforcement agency policy on evidence-based, trauma-informed, | 13 | | victim-centered sexual assault and sexual abuse response and | 14 | | investigation. | 15 | | These guidelines shall include, but not be limited to the | 16 | | following: | 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 | 14 | | police report upon receiving the following, regardless of where | 15 | | the 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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| 1 | | known: | 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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| 1 | | another jurisdiction, the law enforcement officer taking the | 2 | | report must submit the report to the law enforcement agency | 3 | | having jurisdiction in person or via fax or email within 24 | 4 | | hours of receiving information about the sexual assault or | 5 | | sexual abuse. | 6 | | (d) Within 24 hours of receiving a report from a law | 7 | | enforcement agency in another jurisdiction in accordance with | 8 | | subsection (c), the law enforcement agency having jurisdiction | 9 | | shall submit a written confirmation to the law enforcement | 10 | | agency that wrote the report. The written confirmation shall | 11 | | contain the name and identifier of the person and confirming | 12 | | receipt of the report and a name and contact phone number that | 13 | | will be given to the victim. The written confirmation shall be | 14 | | delivered in person or via fax or email. | 15 | | (e) No law enforcement officer shall require a victim of | 16 | | sexual assault or sexual abuse to submit to an interview. | 17 | | (f) No law enforcement agency may refuse to complete a | 18 | | written report as required by this Section on any ground. | 19 | | (g) All law enforcement agencies shall ensure that all | 20 | | officers responding to or investigating a complaint of sexual | 21 | | assault or sexual abuse have successfully completed training | 22 | | under Section 10.19 of the Illinois Police Training Act and | 23 | | Section 2605-98 of the Department of State Police Law of the | 24 | | Civil Administrative Code of Illinois. | 25 | | Section 22. Third-party reports. A victim of sexual assault |
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| 1 | | or sexual abuse may give a person consent to provide | 2 | | information about the sexual assault or sexual abuse to a law | 3 | | enforcement officer, and the officer shall complete a written | 4 | | report 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 | 12 | | enforcement 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 | 10 | | a third-party report under Section 22 of this Act, a law | 11 | | enforcement officer shall provide the written information | 12 | | prescribed under paragraph (1) of subsection (a) of this | 13 | | Section to the person making the report and request the person | 14 | | provide the written information to the victim of the sexual | 15 | | assault or sexual abuse. | 16 | | (c) If the first contact with the victim occurs at a | 17 | | hospital, a law enforcement officer may request the hospital | 18 | | provide interpretive services. | 19 | | Section 30. Release and storage of sexual assault evidence. | 20 | | (a) A law enforcement agency having jurisdiction that is | 21 | | notified by a hospital or another law enforcement agency that a | 22 | | victim of a sexual assault or sexual abuse has received a | 23 | | medical forensic examination and has completed an Illinois | 24 | | State Police Sexual Assault Evidence Collection Kit shall take | 25 | | custody of the sexual assault evidence as soon as practicable, |
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| 1 | | but in no event more than 5 days after the completion of the | 2 | | medical 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 | 5 | | Treatment Act that a hospital is in possession of sexual | 6 | | assault evidence shall, within 72 hours, contact the | 7 | | appropriate law enforcement agency to request that the law | 8 | | enforcement agency take immediate physical custody of the | 9 | | sexual assault evidence. | 10 | | (b) The written report prepared under Section 20 of this | 11 | | Act shall include the date and time the sexual assault evidence | 12 | | was picked up from the hospital and the date and time the | 13 | | sexual assault evidence was sent to the laboratory in | 14 | | accordance with the Sexual Assault Evidence Submission Act. | 15 | | (c) If the victim of a sexual assault or sexual abuse or a | 16 | | person authorized under Section 6.5 of the Sexual Assault | 17 | | Survivors Emergency Treatment Act has consented to allow law | 18 | | enforcement to test the sexual assault evidence, the law | 19 | | enforcement agency having jurisdiction shall submit the sexual | 20 | | assault evidence for testing in accordance with the Sexual | 21 | | Assault Evidence Submission Act. No law enforcement agency | 22 | | having jurisdiction may refuse or fail to send sexual assault | 23 | | evidence for testing that the victim has released for testing. | 24 | | (d) A victim shall have 5 years from the completion of an | 25 | | Illinois State Police Sexual Assault Evidence Collection Kit, | 26 | | or 5 years from the age of 18 years, whichever is longer, to |
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| 1 | | sign a written consent to release the sexual assault evidence | 2 | | to law enforcement for testing. If the victim or a person | 3 | | authorized under Section 6.5 of the Sexual Assault Survivors | 4 | | Emergency Treatment Act does not sign the written consent at | 5 | | the completion of the medical forensic examination, the victim | 6 | | or person authorized by Section 6.5 of the Sexual Assault | 7 | | Survivors Emergency Treatment Act may sign the written release | 8 | | at the law enforcement agency having jurisdiction, or in the | 9 | | presence of a sexual assault advocate who may deliver the | 10 | | written release to the law enforcement agency having | 11 | | jurisdiction. The victim may also provide verbal consent to the | 12 | | law enforcement agency having jurisdiction and shall verify the | 13 | | verbal consent via email or fax. Upon receipt of written or | 14 | | verbal consent, the law enforcement agency having jurisdiction | 15 | | shall submit the sexual assault evidence for testing in | 16 | | accordance with the Sexual Assault Evidence Submission Act. No | 17 | | law enforcement agency having jurisdiction may refuse or fail | 18 | | to send the sexual assault evidence for testing that the victim | 19 | | has released for testing. | 20 | | (e) The law enforcement agency having jurisdiction who | 21 | | speaks to a victim who does not sign a written consent to | 22 | | release the sexual assault evidence prior to discharge from the | 23 | | hospital shall provide a written notice to the victim that | 24 | | contains 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 | 11 | | providing this information to victims as part of the written | 12 | | policies required in subsection (a) of Section 15 of this Act. | 13 | | (f) A law enforcement agency must develop a protocol for | 14 | | responding to victims who want to sign a written consent to | 15 | | release the sexual assault evidence and to ensure that victims | 16 | | who want to be notified or have a designee notified prior to | 17 | | the end of the 5-year period are provided notice. | 18 | | (g) Nothing in this Section shall be construed as limiting | 19 | | the storage period to 5 years. A law enforcement agency having | 20 | | jurisdiction may adopt a storage policy that provides for a | 21 | | period of time exceeding 5 years. If a longer period of time is | 22 | | adopted, the law enforcement agency having jurisdiction shall | 23 | | notify the victim or designee in writing of the longer storage | 24 | | period.
| 25 | | Section 35. Release of information. |
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| 1 | | (a) Upon the request of the victim who has consented to the | 2 | | release of sexual assault evidence for testing, the law | 3 | | enforcement agency having jurisdiction shall provide the | 4 | | following 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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| 1 | | days of the transfer of the evidence to the laboratory. The | 2 | | information listed in paragraph (2) of subsection (a) of this | 3 | | Section shall be provided to the victim within 7 days of the | 4 | | receipt of the information by the law enforcement agency having | 5 | | jurisdiction. | 6 | | (c) At the time the sexual assault evidence is released for | 7 | | testing, the victim shall be provided written information by | 8 | | the law enforcement agency having jurisdiction or the hospital | 9 | | providing emergency services and forensic services to the | 10 | | victim informing him or her of the right to request information | 11 | | under subsection (a) of this Section. A victim may designate | 12 | | another person or agency to receive this information. | 13 | | (d) The victim or the victim's designee shall keep the law | 14 | | enforcement agency having jurisdiction informed of the name, | 15 | | address, telephone number, and email address of the person to | 16 | | whom the information should be provided, and any changes of the | 17 | | name, address, telephone number, and email address, if an email | 18 | | address is available. | 19 | | Section 105. The Department of State Police Law of the
| 20 | | Civil Administrative Code of Illinois is amended by changing | 21 | | Sections 2605-40 and 2605-300 and by adding Sections 2605-53 | 22 | | and 2605-98 as follows:
| 23 | | (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
| 24 | | Sec. 2605-40. Division of Forensic Services. The Division |
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| 1 | | of
Forensic Services shall exercise the following functions:
| 2 | | (1) Exercise the rights, powers, and duties vested by
| 3 | | law in the Department by the Criminal Identification Act.
| 4 | | (2) Exercise the rights, powers, and duties vested by
| 5 | | law in the Department by Section 2605-300 of this Law.
| 6 | | (3) Provide assistance to local law enforcement | 7 | | agencies
through training, management, and consultant | 8 | | services.
| 9 | | (4) (Blank).
| 10 | | (5) Exercise other duties that may be assigned by the | 11 | | Director in
order to fulfill the responsibilities and | 12 | | achieve the purposes of the
Department.
| 13 | | (6) Establish and operate a forensic science | 14 | | laboratory system,
including a forensic toxicological | 15 | | laboratory service, for the purpose of
testing specimens | 16 | | submitted by coroners and other law enforcement officers
in | 17 | | their efforts to determine whether alcohol, drugs, or | 18 | | poisonous or other
toxic substances have been involved in | 19 | | deaths, accidents, or illness.
Forensic toxicological | 20 | | laboratories shall be established in Springfield,
Chicago, | 21 | | and elsewhere in the State as needed.
| 22 | | (6.5) Establish administrative rules in order to set | 23 | | forth standardized requirements for the disclosure of | 24 | | toxicology results and other relevant documents related to | 25 | | a toxicological analysis. These administrative rules are | 26 | | to be adopted to produce uniform and sufficient information |
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| 1 | | to allow a proper, well-informed determination of the | 2 | | admissibility of toxicology evidence and to ensure that | 3 | | this evidence is presented competently. These | 4 | | administrative rules are designed to provide a minimum | 5 | | standard for compliance of toxicology evidence and is not | 6 | | intended to limit the production and discovery of material | 7 | | information. These administrative rules shall be submitted | 8 | | by the Department of State Police into the rulemaking | 9 | | process under the Illinois Administrative Procedure Act on | 10 | | or before June 30, 2017.
| 11 | | (7) Subject to specific appropriations made for these | 12 | | purposes, establish
and coordinate a system for providing | 13 | | accurate and expedited
forensic science and other | 14 | | investigative and laboratory services to local law
| 15 | | enforcement agencies and local State's Attorneys in aid of | 16 | | the investigation
and trial of capital cases.
| 17 | | (Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00; 91-589, | 18 | | eff. 1-1-00;
91-760, eff. 1-1-01.)
| 19 | | (20 ILCS 2605/2605-53 new) | 20 | | Sec. 2605-53. 9-1-1 system; sexual assault and sexual | 21 | | abuse. | 22 | | (a) The Office of the Statewide 9-1-1 Administrator, in | 23 | | consultation with the Office of the Attorney General and the | 24 | | Illinois Law Enforcement Training Standards Board, shall: | 25 | | (1) develop comprehensive guidelines for |
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| 1 | | evidence-based, trauma-informed, victim-centered handling | 2 | | of sexual assault or sexual abuse calls by Public Safety | 3 | | Answering Point tele-communicators; and | 4 | | (2) adopt rules and minimum standards for an | 5 | | evidence-based, trauma-informed, victim-centered training | 6 | | curriculum for handling of sexual assault or sexual abuse | 7 | | calls for Public Safety Answering Point tele-communicators | 8 | | ("PSAP"). | 9 | | (b) Training requirements: | 10 | | (1) Newly hired PSAP tele-communicators must complete | 11 | | the sexual assault and sexual abuse training curriculum | 12 | | established in subsection (a) of this Section prior to | 13 | | handling emergency calls. | 14 | | (2) All existing PSAP tele-communicators shall | 15 | | complete the sexual assault and sexual abuse training | 16 | | curriculum established in subsection (a) of this Section | 17 | | within 2 years of the effective date of this amendatory Act | 18 | | of the 99th General Assembly. | 19 | | (20 ILCS 2605/2605-98 new) | 20 | | Sec. 2605-98. Training; sexual assault and sexual abuse. | 21 | | (a) The Department of State Police shall conduct or approve | 22 | | training programs in trauma-informed responses and | 23 | | investigations of sexual assault and sexual abuse, which | 24 | | include, but is not limited to, the following: | 25 | | (1) recognizing the symptoms of trauma; |
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| 1 | | (2) understanding the role trauma has played in a | 2 | | victim's life; | 3 | | (3) responding to the needs and concerns of a victim; | 4 | | (4) delivering services in a compassionate, sensitive, | 5 | | and nonjudgmental manner; | 6 | | (5) interviewing techniques in accordance with the | 7 | | curriculum standards in subsection (f) of this Section; | 8 | | (6) understanding cultural perceptions and common | 9 | | myths of sexual assault and sexual abuse; and | 10 | | (7) report writing techniques in accordance with the | 11 | | curriculum standards in subsection (f) of this Section. | 12 | | (b) This training must be presented in all full and | 13 | | part-time basic law enforcement academies on or before July 1, | 14 | | 2018. | 15 | | (c) The Department must present this training to all State | 16 | | police officers within 3 years after the effective date of this | 17 | | amendatory Act of the 99th General Assembly and must present | 18 | | in-service training on sexual assault and sexual abuse response | 19 | | and report writing training requirements every 3 years. | 20 | | (d) The Department must provide to all State police | 21 | | officers who conduct sexual assault and sexual abuse | 22 | | investigations, specialized training on sexual assault and | 23 | | sexual abuse investigations within 2 years after the effective | 24 | | date of this amendatory Act of the 99th General Assembly and | 25 | | must present in-service training on sexual assault and sexual | 26 | | abuse investigations to these officers every 3 years. |
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| 1 | | (e) Instructors providing this training shall have | 2 | | successfully completed training on evidence-based, | 3 | | trauma-informed, victim-centered responses to cases of sexual | 4 | | assault and sexual abuse and have experience responding to | 5 | | sexual assault and sexual abuse cases. | 6 | | (f) The Department shall adopt rules, in consultation with | 7 | | the Office of the Illinois Attorney General and the Illinois | 8 | | Law Enforcement Training Standards Board, to determine the | 9 | | specific training requirements for these courses, including, | 10 | | but not limited to, the following: | 11 | | (1) evidence-based curriculum standards for report | 12 | | writing and immediate response to sexual assault and sexual | 13 | | abuse, including trauma-informed, victim-centered | 14 | | interview techniques, which have been demonstrated to | 15 | | minimize retraumatization, for all State police officers; | 16 | | and | 17 | | (2) evidence-based curriculum standards for | 18 | | trauma-informed, victim-centered investigation and | 19 | | interviewing techniques, which have been demonstrated to | 20 | | minimize retraumatization, for cases of sexual assault and | 21 | | sexual abuse for all State Police officers who conduct | 22 | | sexual assault and sexual abuse investigations.
| 23 | | (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
| 24 | | Sec. 2605-300. Records; crime laboratories; personnel. To | 25 | | do
the
following:
|
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| 1 | | (1) Be a central repository and custodian of criminal
| 2 | | statistics for the State.
| 3 | | (2) Be a central repository for criminal history
record | 4 | | information.
| 5 | | (3) Procure and file for record information that is
| 6 | | necessary and helpful to plan programs of crime prevention, | 7 | | law
enforcement,
and criminal justice.
| 8 | | (4) Procure and file for record copies of
fingerprints | 9 | | that may be required by law.
| 10 | | (5) Establish general and field
crime laboratories.
| 11 | | (6) Register and file for record information that
may | 12 | | be required by law for the issuance of firearm owner's | 13 | | identification
cards under the Firearm Owners | 14 | | Identification Card Act and concealed carry licenses under | 15 | | the Firearm Concealed Carry Act.
| 16 | | (7) Employ polygraph operators, laboratory | 17 | | technicians ,
and
other
specially qualified persons to aid | 18 | | in the identification of criminal
activity , and may employ | 19 | | polygraph operators .
| 20 | | (8) Undertake other identification, information,
| 21 | | laboratory, statistical, or registration activities that | 22 | | may be
required by law.
| 23 | | (Source: P.A. 98-63, eff. 7-9-13.)
| 24 | | Section 107. The Illinois Procurement Code is amended by | 25 | | changing Section 1-10 as follows:
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| 1 | | (30 ILCS 500/1-10)
| 2 | | Sec. 1-10. Application.
| 3 | | (a) This Code applies only to procurements for which | 4 | | bidders, offerors, potential contractors, or contractors were | 5 | | first
solicited on or after July 1, 1998. This Code shall not | 6 | | be construed to affect
or impair any contract, or any provision | 7 | | of a contract, entered into based on a
solicitation prior to | 8 | | the implementation date of this Code as described in
Article | 9 | | 99, including but not limited to any covenant entered into with | 10 | | respect
to any revenue bonds or similar instruments.
All | 11 | | procurements for which contracts are solicited between the | 12 | | effective date
of Articles 50 and 99 and July 1, 1998 shall be | 13 | | substantially in accordance
with this Code and its intent.
| 14 | | (b) This Code shall apply regardless of the source of the | 15 | | funds with which
the contracts are paid, including federal | 16 | | assistance moneys.
This Code shall
not apply to:
| 17 | | (1) Contracts between the State and its political | 18 | | subdivisions or other
governments, or between State | 19 | | governmental bodies except as specifically
provided in | 20 | | this Code.
| 21 | | (2) Grants, except for the filing requirements of | 22 | | Section 20-80.
| 23 | | (3) Purchase of care.
| 24 | | (4) Hiring of an individual as employee and not as an | 25 | | independent
contractor, whether pursuant to an employment |
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| 1 | | code or policy or by contract
directly with that | 2 | | individual.
| 3 | | (5) Collective bargaining contracts.
| 4 | | (6) Purchase of real estate, except that notice of this | 5 | | type of contract with a value of more than $25,000 must be | 6 | | published in the Procurement Bulletin within 10 calendar | 7 | | days after the deed is recorded in the county of | 8 | | jurisdiction. The notice shall identify the real estate | 9 | | purchased, the names of all parties to the contract, the | 10 | | value of the contract, and the effective date of the | 11 | | contract.
| 12 | | (7) Contracts necessary to prepare for anticipated | 13 | | litigation, enforcement
actions, or investigations, | 14 | | provided
that the chief legal counsel to the Governor shall | 15 | | give his or her prior
approval when the procuring agency is | 16 | | one subject to the jurisdiction of the
Governor, and | 17 | | provided that the chief legal counsel of any other | 18 | | procuring
entity
subject to this Code shall give his or her | 19 | | prior approval when the procuring
entity is not one subject | 20 | | to the jurisdiction of the Governor.
| 21 | | (8) Contracts for
services to Northern Illinois | 22 | | University by a person, acting as
an independent | 23 | | contractor, who is qualified by education, experience, and
| 24 | | technical ability and is selected by negotiation for the | 25 | | purpose of providing
non-credit educational service | 26 | | activities or products by means of specialized
programs |
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| 1 | | offered by the university.
| 2 | | (9) Procurement expenditures by the Illinois | 3 | | Conservation Foundation
when only private funds are used.
| 4 | | (10) Procurement expenditures by the Illinois Health | 5 | | Information Exchange Authority involving private funds | 6 | | from the Health Information Exchange Fund. "Private funds" | 7 | | means gifts, donations, and private grants. | 8 | | (11) Public-private agreements entered into according | 9 | | to the procurement requirements of Section 20 of the | 10 | | Public-Private Partnerships for Transportation Act and | 11 | | design-build agreements entered into according to the | 12 | | procurement requirements of Section 25 of the | 13 | | Public-Private Partnerships for Transportation Act. | 14 | | (12) Contracts for legal, financial, and other | 15 | | professional and artistic services entered into on or | 16 | | before December 31, 2018 by the Illinois Finance Authority | 17 | | in which the State of Illinois is not obligated. Such | 18 | | contracts shall be awarded through a competitive process | 19 | | authorized by the Board of the Illinois Finance Authority | 20 | | and are subject to Sections 5-30, 20-160, 50-13, 50-20, | 21 | | 50-35, and 50-37 of this Code, as well as the final | 22 | | approval by the Board of the Illinois Finance Authority of | 23 | | the terms of the contract. | 24 | | (13) The provisions of this paragraph (13), other than | 25 | | this sentence, are inoperative on and after January 1, 2019 | 26 | | or 2 years after the effective date of this amendatory Act |
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| 1 | | of the 99th General Assembly, whichever is later. Contracts | 2 | | for services, commodities, and equipment to support the | 3 | | delivery of timely forensic science services in | 4 | | consultation with and subject to the approval of the Chief | 5 | | Procurement Officer as provided in subsection (d) of | 6 | | Section 5-4-3a of the Unified Code of Corrections, except | 7 | | for the requirements of Sections 20-60, 20-65, 20-70, and | 8 | | 20-160 and Article 50 of this Code; however, the Chief | 9 | | Procurement Officer may, in writing with justification, | 10 | | waive any certification required under Article 50 of this | 11 | | Code. For any contracts for services which are currently | 12 | | provided by members of a collective bargaining agreement, | 13 | | the applicable terms of the collective bargaining | 14 | | agreement concerning subcontracting shall be followed. | 15 | | Notwithstanding any other provision of law, contracts | 16 | | entered into under item (12) of this subsection (b) shall be | 17 | | published in the Procurement Bulletin within 14 calendar days | 18 | | after contract execution. The chief procurement officer shall | 19 | | prescribe the form and content of the notice. The Illinois | 20 | | Finance Authority shall provide the chief procurement officer, | 21 | | on a monthly basis, in the form and content prescribed by the | 22 | | chief procurement officer, a report of contracts that are | 23 | | related to the procurement of goods and services identified in | 24 | | item (12) of this subsection (b). At a minimum, this report | 25 | | shall include the name of the contractor, a description of the | 26 | | supply or service provided, the total amount of the contract, |
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| 1 | | the term of the contract, and the exception to the Code | 2 | | utilized. A copy of each of these contracts shall be made | 3 | | available to the chief procurement officer immediately upon | 4 | | request. The chief procurement officer shall submit a report to | 5 | | the Governor and General Assembly no later than November 1 of | 6 | | each year that shall include, at a minimum, an annual summary | 7 | | of the monthly information reported to the chief procurement | 8 | | officer. | 9 | | (c) This Code does not apply to the electric power | 10 | | procurement process provided for under Section 1-75 of the | 11 | | Illinois Power Agency Act and Section 16-111.5 of the Public | 12 | | Utilities Act. | 13 | | (d) Except for Section 20-160 and Article 50 of this Code, | 14 | | and as expressly required by Section 9.1 of the Illinois | 15 | | Lottery Law, the provisions of this Code do not apply to the | 16 | | procurement process provided for under Section 9.1 of the | 17 | | Illinois Lottery Law. | 18 | | (e) This Code does not apply to the process used by the | 19 | | Capital Development Board to retain a person or entity to | 20 | | assist the Capital Development Board with its duties related to | 21 | | the determination of costs of a clean coal SNG brownfield | 22 | | facility, as defined by Section 1-10 of the Illinois Power | 23 | | Agency Act, as required in subsection (h-3) of Section 9-220 of | 24 | | the Public Utilities Act, including calculating the range of | 25 | | capital costs, the range of operating and maintenance costs, or | 26 | | the sequestration costs or monitoring the construction of clean |
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| 1 | | coal SNG brownfield facility for the full duration of | 2 | | construction. | 3 | | (f) This Code does not apply to the process used by the | 4 | | Illinois Power Agency to retain a mediator to mediate sourcing | 5 | | agreement disputes between gas utilities and the clean coal SNG | 6 | | brownfield facility, as defined in Section 1-10 of the Illinois | 7 | | Power Agency Act, as required under subsection (h-1) of Section | 8 | | 9-220 of the Public Utilities Act. | 9 | | (g) This Code does not apply to the processes used by the | 10 | | Illinois Power Agency to retain a mediator to mediate contract | 11 | | disputes between gas utilities and the clean coal SNG facility | 12 | | and to retain an expert to assist in the review of contracts | 13 | | under subsection (h) of Section 9-220 of the Public Utilities | 14 | | Act. This Code does not apply to the process used by the | 15 | | Illinois Commerce Commission to retain an expert to assist in | 16 | | determining the actual incurred costs of the clean coal SNG | 17 | | facility and the reasonableness of those costs as required | 18 | | under subsection (h) of Section 9-220 of the Public Utilities | 19 | | Act. | 20 | | (h) This Code does not apply to the process to procure or | 21 | | contracts entered into in accordance with Sections 11-5.2 and | 22 | | 11-5.3 of the Illinois Public Aid Code. | 23 | | (i) Each chief procurement officer may access records | 24 | | necessary to review whether a contract, purchase, or other | 25 | | expenditure is or is not subject to the provisions of this | 26 | | Code, unless such records would be subject to attorney-client |
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| 1 | | privilege. | 2 | | (j) This Code does not apply to the process used by the | 3 | | Capital Development Board to retain an artist or work or works | 4 | | of art as required in Section 14 of the Capital Development | 5 | | Board Act. | 6 | | (k) This Code does not apply to the process to procure | 7 | | contracts, or contracts entered into, by the State Board of | 8 | | Elections or the State Electoral Board for hearing officers | 9 | | appointed pursuant to the Election Code. | 10 | | (Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, | 11 | | eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12; | 12 | | 97-895, eff. 8-3-12; 98-90, eff. 7-15-13; 98-463, eff. 8-16-13; | 13 | | 98-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff. | 14 | | 1-1-15 .)
| 15 | | Section 110. The Illinois Police Training Act is amended by | 16 | | changing Section 7 and adding Section 10.19 as follows:
| 17 | | (50 ILCS 705/7) (from Ch. 85, par. 507)
| 18 | | Sec. 7. Rules and standards for schools. The Board shall | 19 | | adopt rules and
minimum standards for such schools which shall | 20 | | include but not be limited to
the following:
| 21 | | a. The curriculum for probationary police officers which | 22 | | shall be
offered by all certified schools shall include but not | 23 | | be limited to
courses of procedural justice, arrest and use and | 24 | | control tactics, search and seizure, including temporary |
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| 1 | | questioning, civil rights, human rights, human relations,
| 2 | | cultural competency, including implicit bias and racial and | 3 | | ethnic sensitivity,
criminal law, law of criminal procedure, | 4 | | constitutional and proper use of law enforcement authority, | 5 | | vehicle and traffic law including
uniform and | 6 | | non-discriminatory enforcement of the Illinois Vehicle Code,
| 7 | | traffic control and accident investigation, techniques of | 8 | | obtaining
physical evidence, court testimonies, statements, | 9 | | reports, firearms
training, training in the use of electronic | 10 | | control devices, including the psychological and physiological | 11 | | effects of the use of those devices on humans, first-aid | 12 | | (including cardiopulmonary resuscitation), training in the | 13 | | administration of opioid antagonists as defined in paragraph | 14 | | (1) of subsection (e) of Section 5-23 of the Alcoholism and | 15 | | Other Drug Abuse and Dependency Act, handling of
juvenile | 16 | | offenders, recognition of
mental conditions, including, but | 17 | | not limited to, the disease of addiction, which require | 18 | | immediate assistance and methods to
safeguard and provide | 19 | | assistance to a person in need of mental
treatment, recognition | 20 | | of abuse, neglect, financial exploitation, and self-neglect of | 21 | | adults with disabilities and older adults, as defined in | 22 | | Section 2 of the Adult Protective Services Act, crimes against | 23 | | the elderly, law of evidence, the hazards of high-speed police | 24 | | vehicle
chases with an emphasis on alternatives to the | 25 | | high-speed chase, and
physical training. The curriculum shall | 26 | | include specific training in
techniques for immediate response |
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| 1 | | to and investigation of cases of domestic
violence and of | 2 | | sexual assault of adults and children, including cultural | 3 | | perceptions and common myths of sexual assault and sexual abuse | 4 | | rape as well as interview techniques that are trauma informed, | 5 | | victim centered, and victim sensitive. The curriculum shall | 6 | | include
training in techniques designed to promote effective
| 7 | | communication at the initial contact with crime victims and | 8 | | ways to comprehensively
explain to victims and witnesses their | 9 | | rights under the Rights
of Crime Victims and Witnesses Act and | 10 | | the Crime
Victims Compensation Act. The curriculum shall also | 11 | | include a block of instruction aimed at identifying and | 12 | | interacting with persons with autism and other developmental or | 13 | | physical disabilities, reducing barriers to reporting crimes | 14 | | against persons with autism, and addressing the unique | 15 | | challenges presented by cases involving victims or witnesses | 16 | | with autism and other developmental disabilities. The | 17 | | curriculum for
permanent police officers shall include but not | 18 | | be limited to (1) refresher
and in-service training in any of | 19 | | the courses listed above in this
subparagraph, (2) advanced | 20 | | courses in any of the subjects listed above in
this | 21 | | subparagraph, (3) training for supervisory personnel, and (4)
| 22 | | specialized training in subjects and fields to be selected by | 23 | | the board. The training in the use of electronic control | 24 | | devices shall be conducted for probationary police officers, | 25 | | including University police officers.
| 26 | | b. Minimum courses of study, attendance requirements and |
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| 1 | | equipment
requirements.
| 2 | | c. Minimum requirements for instructors.
| 3 | | d. Minimum basic training requirements, which a | 4 | | probationary police
officer must satisfactorily complete | 5 | | before being eligible for permanent
employment as a local law | 6 | | enforcement officer for a participating local
governmental | 7 | | agency. Those requirements shall include training in first aid
| 8 | | (including cardiopulmonary resuscitation).
| 9 | | e. Minimum basic training requirements, which a | 10 | | probationary county
corrections officer must satisfactorily | 11 | | complete before being eligible for
permanent employment as a | 12 | | county corrections officer for a participating
local | 13 | | governmental agency.
| 14 | | f. Minimum basic training requirements which a | 15 | | probationary court
security officer must satisfactorily | 16 | | complete before being eligible for
permanent employment as a | 17 | | court security officer for a participating local
governmental | 18 | | agency. The Board shall
establish those training requirements | 19 | | which it considers appropriate for court
security officers and | 20 | | shall certify schools to conduct that training.
| 21 | | A person hired to serve as a court security officer must | 22 | | obtain from the
Board a certificate (i) attesting to his or her | 23 | | successful completion of the
training course; (ii) attesting to | 24 | | his or her satisfactory
completion of a training program of | 25 | | similar content and number of hours that
has been found | 26 | | acceptable by the Board under the provisions of this Act; or
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| 1 | | (iii) attesting to the Board's determination that the training
| 2 | | course is unnecessary because of the person's extensive prior | 3 | | law enforcement
experience.
| 4 | | Individuals who currently serve as court security officers | 5 | | shall be deemed
qualified to continue to serve in that capacity | 6 | | so long as they are certified
as provided by this Act within 24 | 7 | | months of June 1, 1997 ( the effective date of Public Act | 8 | | 89-685) this
amendatory Act of 1996 . Failure to be so | 9 | | certified, absent a waiver from the
Board, shall cause the | 10 | | officer to forfeit his or her position.
| 11 | | All individuals hired as court security officers on or | 12 | | after the effective
date of this amendatory Act of 1996 shall | 13 | | be certified within 12 months of the
date of their hire, unless | 14 | | a waiver has been obtained by the Board, or they
shall forfeit | 15 | | their positions.
| 16 | | The Sheriff's Merit Commission, if one exists, or the | 17 | | Sheriff's Office if
there is no Sheriff's Merit Commission, | 18 | | shall maintain a list of all
individuals who have filed | 19 | | applications to become court security officers and
who meet the | 20 | | eligibility requirements established under this Act. Either
| 21 | | the Sheriff's Merit Commission, or the Sheriff's Office if no | 22 | | Sheriff's Merit
Commission exists, shall establish a schedule | 23 | | of reasonable intervals for
verification of the applicants' | 24 | | qualifications under
this Act and as established by the Board.
| 25 | | g. Minimum in-service training requirements, which a | 26 | | police officer must satisfactorily complete every 3 years. |
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| 1 | | Those requirements shall include constitutional and proper use | 2 | | of law enforcement authority, procedural justice, civil | 3 | | rights, human rights, and cultural competency. | 4 | | h. Minimum in-service training requirements, which a | 5 | | police officer must satisfactorily complete at least annually. | 6 | | Those requirements shall include law updates and use of force | 7 | | training which shall include scenario based training, or | 8 | | similar training approved by the Board. | 9 | | (Source: P.A. 98-49, eff. 7-1-13; 98-358, eff. 1-1-14; 98-463, | 10 | | eff. 8-16-13; 98-756, eff. 7-16-14; 99-352, eff. 1-1-16; | 11 | | 99-480, eff. 9-9-15; revised 10-20-15.)
| 12 | | (50 ILCS 705/10.19 new) | 13 | | Sec. 10.19. Training; sexual assault and sexual abuse. | 14 | | (a) The Illinois Law Enforcement Training Standards Board | 15 | | shall conduct or approve training programs in trauma-informed | 16 | | responses and investigations of sexual assault and sexual | 17 | | abuse, which include, but is not limited to, the following: | 18 | | (1) recognizing the symptoms of trauma; | 19 | | (2) understanding the role trauma has played in a | 20 | | victim's life; | 21 | | (3) responding to the needs and concerns of a victim; | 22 | | (4) delivering services in a compassionate, sensitive, | 23 | | and nonjudgmental manner; | 24 | | (5) interviewing techniques in accordance with the | 25 | | curriculum standards in subsection (f) of this Section; |
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| 1 | | (6) understanding cultural perceptions and common | 2 | | myths of sexual assault and sexual abuse; and | 3 | | (7) report writing techniques in accordance with the | 4 | | curriculum standards in subsection (f) of this Section. | 5 | | (b) This training must be presented in all full and | 6 | | part-time basic law enforcement academies on or before July 1, | 7 | | 2018. | 8 | | (c) Agencies employing law enforcement officers must | 9 | | present this training to all law enforcement officers within 3 | 10 | | years after the effective date of this amendatory Act of the | 11 | | 99th General Assembly and must present in-service training on | 12 | | sexual assault and sexual abuse response and report writing | 13 | | training requirements every 3 years. | 14 | | (d) Agencies employing law enforcement officers who | 15 | | conduct sexual assault and sexual abuse investigations must | 16 | | provide specialized training to these officers on sexual | 17 | | assault and sexual abuse investigations within 2 years after | 18 | | the effective date of this amendatory Act of the 99th General | 19 | | Assembly and must present in-service training on sexual assault | 20 | | and sexual abuse investigations to these officers every 3 | 21 | | years. | 22 | | (e) Instructors providing this training shall have | 23 | | successfully completed training on evidence-based, | 24 | | trauma-informed, victim-centered response to cases of sexual | 25 | | assault and sexual abuse and have experience responding to | 26 | | sexual assault and sexual abuse cases. |
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| 1 | | (f) The Board shall adopt rules, in consultation with the | 2 | | Office of the Illinois Attorney General and the Department of | 3 | | State Police, to determine the specific training requirements | 4 | | for these courses, including, but not limited to, the | 5 | | following: | 6 | | (1) evidence-based curriculum standards for report | 7 | | writing and immediate response to sexual assault and sexual | 8 | | abuse, including trauma-informed, victim-centered | 9 | | interview techniques, which have been demonstrated to | 10 | | minimize retraumatization, for probationary police | 11 | | officers and all law enforcement officers; and | 12 | | (2) evidence-based curriculum standards for | 13 | | trauma-informed, victim-centered investigation and | 14 | | interviewing techniques, which have been demonstrated to | 15 | | minimize retraumatization, for cases of sexual assault and | 16 | | sexual abuse for law enforcement officers who conduct | 17 | | sexual assault and sexual abuse investigations. | 18 | | Section 115. The Sexual Assault Survivors Emergency | 19 | | Treatment Act is amended by changing Sections 1a and 6.4 and by | 20 | | adding Sections 6.5 and 6.6 as follows:
| 21 | | (410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
| 22 | | Sec. 1a. Definitions. In this Act:
| 23 | | "Ambulance provider" means an individual or entity that | 24 | | owns and operates a business or service using ambulances or |
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| 1 | | emergency medical services vehicles to transport emergency | 2 | | patients.
| 3 | | "Areawide sexual assault treatment plan" means a plan, | 4 | | developed by the hospitals in the community or area to be | 5 | | served, which provides for hospital emergency services to | 6 | | sexual assault survivors that shall be made available by each | 7 | | of the participating hospitals.
| 8 | | "Department" means the Department of Public Health.
| 9 | | "Emergency contraception" means medication as approved by | 10 | | the federal Food and Drug Administration (FDA) that can | 11 | | significantly reduce the risk of pregnancy if taken within 72 | 12 | | hours after sexual assault.
| 13 | | "Follow-up healthcare" means healthcare services related | 14 | | to a sexual assault, including laboratory services and pharmacy | 15 | | services, rendered within 90 days of the initial visit for | 16 | | hospital emergency services.
| 17 | | "Forensic services" means the collection of evidence | 18 | | pursuant to a statewide sexual assault evidence collection | 19 | | program administered by the Department of State Police, using | 20 | | the Illinois State Police Sexual Assault Evidence Collection | 21 | | Kit.
| 22 | | "Health care professional" means a physician, a physician | 23 | | assistant, or an advanced practice nurse.
| 24 | | "Hospital" has the meaning given to that term in the | 25 | | Hospital Licensing Act.
| 26 | | "Hospital emergency services" means healthcare delivered |
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| 1 | | to outpatients within or under the care and supervision of | 2 | | personnel working in a designated emergency department of a | 3 | | hospital, including, but not limited to, care ordered by such | 4 | | personnel for a sexual assault survivor in the emergency | 5 | | department.
| 6 | | "Illinois State Police Sexual Assault Evidence Collection | 7 | | Kit" means a prepackaged set of materials and forms to be used | 8 | | for the collection of evidence relating to sexual assault. The | 9 | | standardized evidence collection kit for the State of Illinois | 10 | | shall be the Illinois State Police Sexual Assault Evidence | 11 | | Collection Kit.
| 12 | | "Law enforcement agency having jurisdiction" means the law | 13 | | enforcement agency in the jurisdiction where an alleged sexual | 14 | | assault or sexual abuse occurred. | 15 | | "Nurse" means a nurse licensed under the Nurse
Practice | 16 | | Act.
| 17 | | "Physician" means a person licensed to practice medicine in | 18 | | all its branches.
| 19 | | "Sexual assault" means an act of nonconsensual sexual | 20 | | conduct or sexual penetration, as defined in Section 11-0.1 of | 21 | | the Criminal Code of 2012, including, without limitation, acts | 22 | | prohibited under Sections 11-1.20 through 11-1.60 of the | 23 | | Criminal Code of 2012.
| 24 | | "Sexual assault survivor" means a person who presents for | 25 | | hospital emergency services in relation to injuries or trauma | 26 | | resulting from a sexual assault.
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| 1 | | "Sexual assault transfer plan" means a written plan | 2 | | developed by a hospital and approved by the Department, which | 3 | | describes the hospital's procedures for transferring sexual | 4 | | assault survivors to another hospital in order to receive | 5 | | emergency treatment.
| 6 | | "Sexual assault treatment plan" means a written plan | 7 | | developed by a hospital that describes the hospital's | 8 | | procedures and protocols for providing hospital emergency | 9 | | services and forensic services to sexual assault survivors who | 10 | | present themselves for such services, either directly or | 11 | | through transfer from another hospital.
| 12 | | "Transfer services" means the appropriate medical | 13 | | screening examination and necessary stabilizing treatment | 14 | | prior to the transfer of a sexual assault survivor to a | 15 | | hospital that provides hospital emergency services and | 16 | | forensic services to sexual assault survivors pursuant to a | 17 | | sexual assault treatment plan or areawide sexual assault | 18 | | treatment plan.
| 19 | | "Voucher" means a document generated by a hospital at the | 20 | | time the sexual assault survivor receives hospital emergency | 21 | | and forensic services that a sexual assault survivor may | 22 | | present to providers for follow-up healthcare. | 23 | | (Source: P.A. 99-454, eff. 1-1-16 .)
| 24 | | (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
| 25 | | Sec. 6.4. Sexual assault evidence collection program.
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| 1 | | (a) There is created a statewide sexual assault evidence | 2 | | collection program
to facilitate the prosecution of persons | 3 | | accused of sexual assault. This
program shall be administered | 4 | | by the Illinois
State Police. The program shall
consist of the | 5 | | following: (1) distribution of sexual assault evidence
| 6 | | collection kits which have been approved by the Illinois
State | 7 | | Police to hospitals that request them, or arranging for
such | 8 | | distribution by the manufacturer of the kits, (2) collection of | 9 | | the kits
from hospitals after the kits have been used to | 10 | | collect
evidence, (3) analysis of the collected evidence and | 11 | | conducting of laboratory
tests, (4) maintaining the chain of | 12 | | custody and safekeeping of the evidence
for use in a legal | 13 | | proceeding, and (5) the comparison of the collected evidence | 14 | | with the genetic marker grouping analysis information | 15 | | maintained by the Department of State Police under Section | 16 | | 5-4-3 of the Unified Code of Corrections and with the | 17 | | information contained in the Federal Bureau of Investigation's | 18 | | National DNA database; provided the amount and quality of | 19 | | genetic marker grouping results obtained from the evidence in | 20 | | the sexual assault case meets the requirements of both the | 21 | | Department of State Police and the Federal Bureau of | 22 | | Investigation's Combined DNA Index System (CODIS) policies. | 23 | | The standardized evidence collection kit for
the State of | 24 | | Illinois shall be the Illinois State Police Sexual Assault | 25 | | Evidence Kit and shall include a written consent form | 26 | | authorizing law enforcement to test the sexual assault evidence |
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| 1 | | and to provide law enforcement with details of the sexual | 2 | | assault . A sexual assault evidence collection kit may not be | 3 | | released by a hospital
without the written consent of the | 4 | | sexual assault survivor. In the case of a
survivor who is a | 5 | | minor 13 years of age or older, evidence and
information | 6 | | concerning the sexual assault may be released at the
written | 7 | | request of the minor. If the survivor is a minor who is under | 8 | | 13 years
of age, evidence and information concerning the | 9 | | alleged sexual assault may be
released at the written request | 10 | | of the parent, guardian, investigating law
enforcement | 11 | | officer, or Department of Children and Family Services. If the | 12 | | survivor is an adult who has a guardian of the person, a health | 13 | | care surrogate, or an agent acting under a health care power of | 14 | | attorney, then consent of the guardian, surrogate, or agent is | 15 | | not required to release evidence and information concerning the | 16 | | sexual assault. If the adult is unable to provide consent for | 17 | | the release of evidence and information and a guardian, | 18 | | surrogate, or agent under a health care power of attorney is | 19 | | unavailable or unwilling to release the information, then an | 20 | | investigating law enforcement officer may authorize the | 21 | | release. Any health
care professional, including any | 22 | | physician, advanced practice nurse, physician assistant, or | 23 | | nurse, sexual assault nurse
examiner, and any health care
| 24 | | institution, including any hospital, who provides evidence or | 25 | | information to a
law enforcement officer pursuant to a written | 26 | | request as specified in this
Section is immune from any civil |
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| 1 | | or professional liability that might arise
from those actions, | 2 | | with the exception of willful or wanton misconduct. The
| 3 | | immunity provision applies only if all of the requirements of | 4 | | this Section are
met.
| 5 | | (a-5) (Blank).
| 6 | | (b) The Illinois State Police shall administer a program to | 7 | | train hospitals
and hospital personnel participating in the | 8 | | sexual assault evidence collection
program, in the correct use | 9 | | and application of the sexual assault evidence
collection kits. | 10 | | A sexual assault nurse examiner may conduct
examinations using | 11 | | the sexual assault evidence collection kits, without the
| 12 | | presence or participation of a physician. The Department
shall
| 13 | | cooperate with the Illinois State Police in this
program as it | 14 | | pertains to medical aspects of the evidence collection.
| 15 | | (c) In this Section, "sexual assault nurse examiner" means | 16 | | a registered
nurse
who has completed a sexual assault nurse | 17 | | examiner (SANE) training program that
meets the Forensic Sexual | 18 | | Assault Nurse Examiner Education Guidelines
established by the | 19 | | International Association of Forensic Nurses.
| 20 | | (Source: P.A. 95-331, eff. 8-21-07; 95-432, eff. 1-1-08; | 21 | | 96-318, eff. 1-1-10; 96-1011, eff. 9-1-10.)
| 22 | | (410 ILCS 70/6.5 new) | 23 | | Sec. 6.5. Written consent to the release of sexual assault | 24 | | evidence for testing. | 25 | | (a) Upon the completion of hospital emergency services and |
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| 1 | | forensic services, the health care professional providing the | 2 | | forensic services shall provide the patient the opportunity to | 3 | | sign a written consent to allow law enforcement to submit the | 4 | | sexual assault evidence for testing. The written consent shall | 5 | | be on a form included in the sexual assault evidence collection | 6 | | kit and shall include whether the survivor consents to the | 7 | | release of information about the sexual assault to law | 8 | | enforcement. | 9 | | (1) A survivor 13 years of age or older may sign the | 10 | | written consent to release the evidence for testing. | 11 | | (2) If the survivor is a minor who is under 13 years of | 12 | | age, the written consent to release the sexual assault | 13 | | evidence for testing may be signed by the parent, guardian, | 14 | | investigating law enforcement officer, or Department of | 15 | | Children and Family Services. | 16 | | (3) If the survivor is an adult who has a guardian of | 17 | | the person, a health care surrogate, or an agent acting | 18 | | under a health care power of attorney, the consent of the | 19 | | guardian, surrogate, or agent is not required to release | 20 | | evidence and information concerning the sexual assault or | 21 | | sexual abuse. If the adult is unable to provide consent for | 22 | | the release of evidence and information and a guardian, | 23 | | surrogate, or agent under a health care power of attorney | 24 | | is unavailable or unwilling to release the information, | 25 | | then an investigating law enforcement officer may | 26 | | authorize the release. |
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| 1 | | (4) Any health care professional, including any | 2 | | physician, advanced practice nurse, physician assistant, | 3 | | or nurse, sexual assault nurse examiner, and any health | 4 | | care institution, including any hospital, who provides | 5 | | evidence or information to a law enforcement officer under | 6 | | a written consent as specified in this Section is immune | 7 | | from any civil or professional liability that might arise | 8 | | from those actions, with the exception of willful or wanton | 9 | | misconduct. The immunity provision applies only if all of | 10 | | the requirements of this Section are met. | 11 | | (b) The hospital shall keep a copy of a signed or unsigned | 12 | | written consent form in the patient's medical record. | 13 | | (c) If a written consent to allow law enforcement to test | 14 | | the sexual assault evidence is not signed at the completion of | 15 | | hospital emergency services and forensic services, the | 16 | | hospital shall include the following information in its | 17 | | discharge instructions: | 18 | | (1) the sexual assault evidence will be stored for 5 | 19 | | years from the completion of an Illinois State Police | 20 | | Sexual Assault Evidence Collection Kit, or 5 years from the | 21 | | age of 18 years, whichever is longer; | 22 | | (2) a person authorized to consent to the testing of | 23 | | the sexual assault evidence may sign a written consent to | 24 | | allow law enforcement to test the sexual assault evidence | 25 | | at any time during that 5-year period for an adult victim, | 26 | | or until a minor victim turns 23 years of age by (A) |
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| 1 | | contacting the law enforcement agency having jurisdiction, | 2 | | or if unknown, the law enforcement agency contacted by the | 3 | | hospital under Section 3.2 of the Criminal Identification | 4 | | Act; or (B) by working with an advocate at a rape crisis | 5 | | center; | 6 | | (3) the name, address, and phone number of the law | 7 | | enforcement agency having jurisdiction, or if unknown the | 8 | | name, address, and phone number of the law enforcement | 9 | | agency contacted by the hospital under Section 3.2 of the | 10 | | Criminal Identification Act; and | 11 | | (4) the name and phone number of a local rape crisis | 12 | | center. | 13 | | (410 ILCS 70/6.6 new) | 14 | | Sec. 6.6. Submission of sexual assault evidence. | 15 | | (a) As soon as practicable, but in no event more than 4 | 16 | | hours after the completion of hospital emergency services and | 17 | | forensic services, the hospital shall make reasonable efforts | 18 | | to determine the law enforcement agency having jurisdiction | 19 | | where the sexual assault occurred. The hospital may obtain the | 20 | | name of the law enforcement agency with jurisdiction from the | 21 | | local law enforcement agency. | 22 | | (b) Within 4 hours after the completion of hospital | 23 | | emergency services and forensic services, the hospital shall | 24 | | notify the law enforcement agency having jurisdiction that the | 25 | | hospital is in possession of sexual assault evidence and the |
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| 1 | | date and time the collection of evidence was completed. The | 2 | | hospital shall document the notification in the patient's | 3 | | medical records and shall include the agency notified, the date | 4 | | and time of the notification and the name of the person who | 5 | | received the notification. This notification to the law | 6 | | enforcement agency having jurisdiction satisfies the | 7 | | hospital's requirement to contact its local law enforcement | 8 | | agency under Section 3.2 of the Criminal Identification Act. | 9 | | (c) If the law enforcement agency having jurisdiction has | 10 | | not taken physical custody of sexual assault evidence within 5 | 11 | | days of the first contact by the hospital, the hospital shall | 12 | | re-notify the law enforcement agency having jurisdiction that | 13 | | the hospital is in possession of sexual assault evidence and | 14 | | the date the sexual assault evidence was collected. The | 15 | | hospital shall document the re-notification in the patient's | 16 | | medical records and shall include the agency notified, the date | 17 | | and time of the notification and the name of the person who | 18 | | received the notification. | 19 | | (d) If the law enforcement agency having jurisdiction has | 20 | | not taken physical custody of the sexual assault evidence | 21 | | within 10 days of the first contact by the hospital and the | 22 | | hospital has provided renotification under subsection (c) of | 23 | | this Section, the hospital shall contact the State's Attorney | 24 | | of the county where the law enforcement agency having | 25 | | jurisdiction is located. The hospital shall inform the State's | 26 | | Attorney that the hospital is in possession of sexual assault |
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| 1 | | evidence, the date the sexual assault evidence was collected, | 2 | | the law enforcement agency having jurisdiction, the dates, | 3 | | times and names of persons notified under subsections (b) and | 4 | | (c) of this Section. The notification shall be made within 14 | 5 | | days of the collection of the sexual assault evidence. | 6 | | Section 120. The Sexual Assault Evidence Submission Act is | 7 | | amended by changing Section 10 as follows: | 8 | | (725 ILCS 202/10)
| 9 | | Sec. 10. Submission of evidence. Law enforcement agencies | 10 | | that receive sexual assault evidence that the victim of a | 11 | | sexual assault or sexual abuse or a person authorized under | 12 | | Section 6.5 of the Sexual Assault Survivors Emergency Treatment | 13 | | Act has consented to allow law enforcement to test in | 14 | | connection with the investigation of a criminal case on or | 15 | | after the effective date of this Act must submit evidence from | 16 | | the case within 10 business days of receipt of the consent to | 17 | | test to a Department of State Police forensic laboratory or a | 18 | | laboratory approved and designated by the Director of State | 19 | | Police. The written report required under Section 20 of the | 20 | | Sexual Assault Incident Procedure Act shall include the date | 21 | | and time the sexual assault evidence was picked up from the | 22 | | hospital, the date consent to test the sexual assault evidence | 23 | | was given, and the date and time the sexual assault evidence | 24 | | was sent to the laboratory. Sexual assault evidence received by |
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| 1 | | a law enforcement agency within 30 days prior to the effective | 2 | | date of this Act shall be submitted pursuant to this Section.
| 3 | | (Source: P.A. 96-1011, eff. 9-1-10.)
| 4 | | Section 125. The Unified Code of Corrections is amended by | 5 | | changing Section 5-4-3a as follows: | 6 | | (730 ILCS 5/5-4-3a) | 7 | | Sec. 5-4-3a. DNA testing backlog accountability. | 8 | | (a) On or before August 1 of each year, the Department of | 9 | | State Police shall report to the Governor and both houses of | 10 | | the General Assembly the following information: | 11 | | (1) the extent of the backlog of cases awaiting testing | 12 | | or awaiting DNA analysis by that Department, including but | 13 | | not limited to those tests conducted under Section 5-4-3, | 14 | | as of June 30 of the previous fiscal year, with the backlog | 15 | | being defined as all cases awaiting forensic testing | 16 | | whether in the physical custody of the State Police or in | 17 | | the physical custody of local law enforcement, provided | 18 | | that the State Police have written notice of any evidence | 19 | | in the physical custody of local law enforcement prior to | 20 | | June 1 of that year; and | 21 | | (2) what measures have been and are being taken to | 22 | | reduce that backlog and the estimated costs or expenditures | 23 | | in doing so. | 24 | | (b) The information reported under this Section shall be |
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| 1 | | made available to the public, at the time it is reported, on | 2 | | the official web site of the Department of State Police.
| 3 | | (c) Beginning January 1, 2016, the Department of State | 4 | | Police shall quarterly report on the status of the processing | 5 | | of forensic biology and DNA evidence submitted to the | 6 | | Department of State Police Laboratory for analysis. The report | 7 | | shall be submitted to the Governor and the General Assembly, | 8 | | and shall be posted on the Department of State Police website. | 9 | | The report shall include the following for each State Police | 10 | | Laboratory location and any laboratory to which the Department | 11 | | of State Police has outsourced evidence for testing: | 12 | | (1) For forensic biology submissions, report both | 13 | | total case and sexual assault or abuse case (as defined by | 14 | | the Sexual Assault Evidence Submission Act) figures for: | 15 | | (A) The number of cases received in the preceding | 16 | | quarter. | 17 | | (B) The number of cases completed in the preceding | 18 | | quarter. | 19 | | (C) The number of cases waiting analysis. | 20 | | (D) The number of cases sent for outsourcing. | 21 | | (E) The number of cases waiting analysis that were | 22 | | received within the past 30 days. | 23 | | (F) The number of cases waiting analysis that were | 24 | | received 31 to 90 days prior. | 25 | | (G) The number of cases waiting analysis that were | 26 | | received 91 to 180 days prior. |
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| 1 | | (H) The number of cases waiting analysis that were | 2 | | received 181 to 365 days prior. | 3 | | (I) The number of cases waiting analysis that were | 4 | | received more than 365 days prior. | 5 | | (J) The number of cases forwarded for DNA analyses. | 6 | | (2) For DNA submissions, report both total case and | 7 | | sexual assault or abuse case (as defined by the Sexual | 8 | | Assault Evidence Submission Act) figures for: | 9 | | (A) The number of cases received in the preceding | 10 | | quarter. | 11 | | (B) The number of cases completed in the preceding | 12 | | quarter. | 13 | | (C) The number of cases waiting analysis. | 14 | | (D) The number of cases sent for outsourcing. | 15 | | (E) The number of cases waiting analysis that were | 16 | | received within the past 30 days. | 17 | | (F) The number of cases waiting analysis that were | 18 | | received 31 to 90 days prior. | 19 | | (G) The number of cases waiting analysis that were | 20 | | received 91 to 180 days prior. | 21 | | (H) The number of cases waiting analysis that were | 22 | | received 181 to 365 days prior. | 23 | | (I) The number of cases waiting analysis that were | 24 | | received more than 365 days prior. | 25 | | (3) For all other categories of testing (e.g., drug | 26 | | chemistry, firearms/toolmark, footwear/tire track, latent |
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| 1 | | prints, toxicology, and trace chemistry analysis): | 2 | | (A) The number of cases received in the preceding | 3 | | quarter. | 4 | | (B) The number of cases completed in the preceding | 5 | | quarter. | 6 | | (C) The number of cases waiting analysis. | 7 | | (4) For the Combined DNA Index System (CODIS), report | 8 | | both total case and sexual assault or abuse case (as | 9 | | defined by the Sexual Assault Evidence Submission Act) | 10 | | figures for subparagraphs (D), (E), and (F) of this | 11 | | paragraph (4): | 12 | | (A) The number of new offender samples received in | 13 | | the preceding quarter. | 14 | | (B) The number of offender samples uploaded to | 15 | | CODIS in the preceding quarter. | 16 | | (C) The number of offender samples awaiting | 17 | | analysis. | 18 | | (D) The number of unknown DNA case profiles | 19 | | uploaded to CODIS in the preceding quarter. | 20 | | (E) The number of CODIS hits in the preceding | 21 | | quarter. | 22 | | (F) The number of forensic evidence submissions | 23 | | submitted to confirm a previously reported CODIS hit. | 24 | | (5) For each category of testing, report the number of | 25 | | trained forensic scientists and the number of forensic | 26 | | scientists in training. |
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| 1 | | As used in this subsection (c), "completed" means | 2 | | completion of both the analysis of the evidence and the | 3 | | provision of the results to the submitting law enforcement | 4 | | agency. | 5 | | (d) The provisions of this subsection (d), other than this | 6 | | sentence, are inoperative on and after January 1, 2019 or 2 | 7 | | years after the effective date of this amendatory Act of the | 8 | | 99th General Assembly, whichever is later. In consultation with | 9 | | and subject to the approval of the Chief Procurement Officer, | 10 | | the Department of State Police may obtain contracts for | 11 | | services, commodities, and equipment to assist in the timely | 12 | | completion of forensic biology, DNA, drug chemistry, | 13 | | firearms/toolmark, footwear/tire track, latent prints, | 14 | | toxicology, microscopy, trace chemistry, and Combined DNA | 15 | | Index System (CODIS) analysis. Contracts to support the | 16 | | delivery of timely forensic science services are not subject to | 17 | | the provisions of the Illinois Procurement Code, except for | 18 | | Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that | 19 | | Code, provided that the Chief Procurement Officer may, in | 20 | | writing with justification, waive any certification required | 21 | | under Article 50 of the Illinois Procurement Code. For any | 22 | | contracts for services which are currently provided by members | 23 | | of a collective bargaining agreement, the applicable terms of | 24 | | the collective bargaining agreement concerning subcontracting | 25 | | shall be followed. | 26 | | (Source: P.A. 99-352, eff. 1-1-16 .) |
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