Full Text of SB3269 96th General Assembly
SB3269enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning sexual assault evidence.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the Sexual | 5 |
| Assault Evidence Submission Act. | 6 |
| Section 5. Definitions. In this Act: | 7 |
| "Department" means the Department of State Police or | 8 |
| Illinois State Police. | 9 |
| "Law enforcement agencies" means local, county, State or | 10 |
| federal law enforcement agencies involved in the investigation | 11 |
| of sexual assault cases in Illinois. | 12 |
| "Sexual assault evidence" means evidence collected in | 13 |
| connection with a sexual assault investigation, including, but | 14 |
| not limited to, evidence collected using the State Police | 15 |
| Evidence Collection Kits.
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| Section 10. Submission of evidence. Law enforcement | 17 |
| agencies that receive sexual assault evidence in connection | 18 |
| with the investigation of a criminal case on or after the | 19 |
| effective date of this Act must submit evidence from the case | 20 |
| within 10 business days of receipt to a Department of State | 21 |
| Police forensic laboratory or a laboratory approved and | 22 |
| designated by the Director of State Police. Sexual assault |
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| evidence received by a law enforcement agency within 30 days | 2 |
| prior to the effective date of this Act shall be submitted | 3 |
| pursuant to this Section. | 4 |
| Section 15. Analysis of evidence. All sexual assault | 5 |
| evidence submitted pursuant to Section 10 of this Act on or | 6 |
| after the effective date of this Act shall be analyzed within 6 | 7 |
| months after receipt of all necessary evidence and standards by | 8 |
| the State Police Laboratory or other designated laboratory if | 9 |
| sufficient staffing and resources are available. | 10 |
| Section 20. Inventory of evidence. By October 15, 2010, | 11 |
| each Illinois law enforcement agency shall provide written | 12 |
| notice to the Department of State Police, in a form and manner | 13 |
| prescribed by the Department, stating the number of sexual | 14 |
| assault cases in the custody of the law enforcement agency that | 15 |
| have not been previously submitted to a laboratory for | 16 |
| analysis. Within 180 days after the effective date of this Act, | 17 |
| appropriate arrangements shall be made between the law | 18 |
| enforcement agency and the Department of State Police, or a | 19 |
| laboratory approved and designated by the Director of State | 20 |
| Police, to ensure that all cases that were collected prior to | 21 |
| the effective date of this Act and are, or were at the time of | 22 |
| collection, the subject of a criminal investigation, are | 23 |
| submitted to the Department of State Police, or a laboratory | 24 |
| approved and designated by the Director of State Police. By |
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| February 15, 2011, the Department of State Police shall submit | 2 |
| to the Governor, the Attorney General, and both houses of the | 3 |
| General Assembly a plan for analyzing cases submitted pursuant | 4 |
| to this Section. The plan shall include but not be limited to a | 5 |
| timeline for completion of analysis and a summary of the | 6 |
| inventory received, as well as requests for funding and | 7 |
| resources necessary to meet the established timeline. Should | 8 |
| the Department determine it is necessary to outsource the | 9 |
| forensic testing of the cases submitted in accordance with this | 10 |
| Section, all such cases will be exempt from the provisions of | 11 |
| subsection (n) of Section 5-4-3 of the Unified Code of | 12 |
| Corrections. | 13 |
| Section 25. Failure of a law enforcement agency to submit | 14 |
| the sexual assault evidence. The failure of a law enforcement | 15 |
| agency to submit the sexual assault evidence collected on or | 16 |
| after the effective date of this Act within 10 business days | 17 |
| after receipt shall in no way alter the authority of the law | 18 |
| enforcement agency to submit the evidence or the authority of | 19 |
| the Department of State Police forensic laboratory or | 20 |
| designated laboratory to accept and analyze the evidence or | 21 |
| specimen or to maintain or upload the results of genetic marker | 22 |
| grouping analysis information into a local, State, or national | 23 |
| database in accordance with established protocol. | 24 |
| Section 30. Required certification. Each submission of |
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| sexual assault evidence submitted for analysis pursuant to this | 2 |
| Act shall be accompanied by the following signed certification: | 3 |
| "This evidence is being submitted by (name of investigating | 4 |
| law enforcement agency) in connection with a prior or current | 5 |
| criminal investigation." | 6 |
| Section 35. Expungement. If the Department receives | 7 |
| written confirmation from the investigating law enforcement | 8 |
| agency or State's Attorney's office that a DNA record that has | 9 |
| been uploaded pursuant to this Act into a local, State or | 10 |
| national DNA database was not connected to a criminal | 11 |
| investigation, the DNA record shall be expunged from the DNA | 12 |
| database and the Department shall, by rule, prescribe | 13 |
| procedures to ensure that written confirmation is sent to the | 14 |
| submitting law enforcement agency verifying the expungement.
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| Section 40. Failure to expunge. The failure to expunge a | 16 |
| DNA record or strictly comply with the provisions of Section 35 | 17 |
| of this Act shall not be grounds for challenging the validity | 18 |
| of a database match or database information, and evidence based | 19 |
| upon or derived from the DNA record may not be excluded by a | 20 |
| court. | 21 |
| Section 45. Rules. The Department of State Police shall | 22 |
| promulgate rules that prescribe the procedures for the | 23 |
| operation of this Act, including expunging a DNA record. |
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| Section 90. The Sexual Assault Survivors Emergency | 2 |
| Treatment Act is amended by changing Section 6.4 as follows:
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| (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
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| Sec. 6.4. Sexual assault evidence collection program.
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| (a) There is created a statewide sexual assault evidence | 6 |
| collection program
to facilitate the prosecution of persons | 7 |
| accused of sexual assault. This
program shall be administered | 8 |
| by the Illinois
State Police. The program shall
consist of the | 9 |
| following: (1) distribution of sexual assault evidence
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| collection kits which have been approved by the Illinois
State | 11 |
| Police to hospitals that request them, or arranging for
such | 12 |
| distribution by the manufacturer of the kits, (2) collection of | 13 |
| the kits
from hospitals after the kits have been used to | 14 |
| collect
evidence, (3) analysis of the collected evidence and | 15 |
| conducting of laboratory
tests, (4) maintaining the chain of | 16 |
| custody and safekeeping of the evidence
for use in a legal | 17 |
| proceeding, and (5) the comparison of the collected evidence | 18 |
| with the genetic marker grouping analysis information | 19 |
| maintained by the Department of State Police under Section | 20 |
| 5-4-3 of the Unified Code of Corrections and with the | 21 |
| information contained in the Federal Bureau of Investigation's | 22 |
| National DNA database; provided the amount and quality of | 23 |
| genetic marker grouping results obtained from the evidence in | 24 |
| the sexual assault case meets the requirements of both the |
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| Department of State Police and the Federal Bureau of | 2 |
| Investigation's Combined DNA Index System (CODIS) policies. | 3 |
| The standardized evidence collection kit for
the State of | 4 |
| Illinois shall be the Illinois State Police Sexual Assault | 5 |
| Evidence Kit.
A sexual assault evidence collection kit may not | 6 |
| be released by a hospital
without the written consent of the | 7 |
| sexual assault survivor. In the case of a
survivor who is a | 8 |
| minor 13 years of age or older, evidence and
information | 9 |
| concerning the sexual assault may be released at the
written | 10 |
| request of the minor. If the survivor is a minor who is under | 11 |
| 13 years
of age, evidence and information concerning the | 12 |
| alleged sexual assault may be
released at the written request | 13 |
| of the parent, guardian, investigating law
enforcement | 14 |
| officer, or Department of Children and Family Services. If the | 15 |
| survivor is an adult who has a guardian of the person, a health | 16 |
| care surrogate, or an agent acting under a health care power of | 17 |
| attorney, then consent of the guardian, surrogate, or agent is | 18 |
| not required to release evidence and information concerning the | 19 |
| sexual assault. If the adult is unable to provide consent for | 20 |
| the release of evidence and information and a guardian, | 21 |
| surrogate, or agent under a health care power of attorney is | 22 |
| unavailable or unwilling to release the information, then an | 23 |
| investigating law enforcement officer may authorize the | 24 |
| release. Any health
care professional, including any | 25 |
| physician, advanced practice nurse, physician assistant, or | 26 |
| nurse, sexual assault nurse
examiner, and any health care
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| institution, including any hospital, who provides evidence or | 2 |
| information to a
law enforcement officer pursuant to a written | 3 |
| request as specified in this
Section is immune from any civil | 4 |
| or professional liability that might arise
from those actions, | 5 |
| with the exception of willful or wanton misconduct. The
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| immunity provision applies only if all of the requirements of | 7 |
| this Section are
met.
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| (a-5) (Blank). All sexual assault evidence collected using | 9 |
| the State Police Evidence Collection Kits before January 1, | 10 |
| 2005 (the effective date of Public Act 93-781) that have not | 11 |
| been previously analyzed and tested by the Department of State | 12 |
| Police shall be analyzed and tested within 2 years after | 13 |
| receipt of all necessary evidence and standards into the State | 14 |
| Police Laboratory if sufficient staffing and resources are | 15 |
| available. All sexual assault evidence collected using the | 16 |
| State Police Evidence Collection Kits on or after January 1, | 17 |
| 2005 (the effective date of Public Act 93-781) shall be | 18 |
| analyzed and tested by the Department of State Police within | 19 |
| one year after receipt of all necessary evidence and standards | 20 |
| into the State Police Laboratory if sufficient staffing and | 21 |
| resources are available.
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| (b) The Illinois State Police shall administer a program to | 23 |
| train hospitals
and hospital personnel participating in the | 24 |
| sexual assault evidence collection
program, in the correct use | 25 |
| and application of the sexual assault evidence
collection kits. | 26 |
| A sexual assault nurse examiner may conduct
examinations using |
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SB3269 Enrolled |
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| the sexual assault evidence collection kits, without the
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| presence or participation of a physician. The Department
shall
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| cooperate with the Illinois State Police in this
program as it | 4 |
| pertains to medical aspects of the evidence collection.
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| (c) In this Section, "sexual assault nurse examiner" means | 6 |
| a registered
nurse
who has completed a sexual assault nurse | 7 |
| examiner (SANE) training program that
meets the Forensic Sexual | 8 |
| Assault Nurse Examiner Education Guidelines
established by the | 9 |
| International Association of Forensic Nurses.
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| (Source: P.A. 95-331, eff. 8-21-07; 95-432, eff. 1-1-08; | 11 |
| 96-318, eff. 1-1-10.)
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| Section 99. Effective date. This Act takes effect September | 13 |
| 1, 2010. |
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