Illinois General Assembly - Full Text of HB6332
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Full Text of HB6332  99th General Assembly

HB6332 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6332

 

Introduced 2/11/2016, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 202/15
725 ILCS 202/20
725 ILCS 202/42 new

    Amends the Sexual Assault Evidence Submission Act. When a consistent DNA profile has been identified from submitted sexual assault evidence, the Department of State Police shall notify the investigating law enforcement agency of the match, and the Department shall track and maintain a record of its notification of, and the follow up by, the investigating law enforcement agency. The record maintained by the Department shall also document any written request, from the Department to the investigating law enforcement agency, seeking the submission of an additional DNA standard for a comparison analysis or confirmatory forensic analysis, and whether the investigating law enforcement agency has complied with those requests. If, after 60 days, the investigating law enforcement agency fails to comply with any request for an additional DNA standard, then the Department shall send a second written request to both the investigating law enforcement agency and the county Sheriff of the county where the agency is located. The Department shall maintain a record of the percentage of cases in which an additional DNA standard is submitted by the investigating law enforcement agency for a comparison analysis or confirmatory forensic analysis. Beginning June 1, 2016, each law enforcement agency must conduct an annual inventory of all sexual assault cases in the custody of the law enforcement agency and provide written notice of its annual findings to the Department. The Department shall compile and report the findings of each inventory under the Act. Requires the Department of State Police to file annual and quarterly reports regarding sexual assault evidence submissions. Effective immediately.


LRB099 19163 SLF 43552 b

 

 

A BILL FOR

 

HB6332LRB099 19163 SLF 43552 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Sexual Assault Evidence Submission Act is
5amended by changing Sections 15 and 20 and by adding Section 42
6as follows:
 
7    (725 ILCS 202/15)
8    Sec. 15. Analysis of evidence; tracking and recordkeeping.
9    (a) All sexual assault evidence submitted pursuant to
10Section 10 of this Act on or after the effective date of this
11Act shall be analyzed within 6 months after receipt of all
12necessary evidence and standards by the State Police Laboratory
13or other designated laboratory if sufficient staffing and
14resources are available.
15    (b) When a consistent DNA profile has been identified from
16the submitted sexual assault evidence, the Department shall
17notify the investigating law enforcement agency of the match,
18and the Department shall track and maintain a record of its
19notification of, and the follow up by, the investigating law
20enforcement agency. The record maintained by the Department
21shall also document any written request, from the Department to
22the investigating law enforcement agency, seeking the
23submission of an additional DNA standard for a comparison

 

 

HB6332- 2 -LRB099 19163 SLF 43552 b

1analysis or confirmatory forensic analysis, and whether the
2investigating law enforcement agency has complied with those
3requests. If, after 60 days, the investigating law enforcement
4agency fails to comply with any request for an additional DNA
5standard, then the Department shall send a second written
6request to both the investigating law enforcement agency and
7the county Sheriff of the county where the agency is located.
8The Department shall maintain a record of the percentage of
9cases in which an additional DNA standard is submitted by the
10investigating law enforcement agency for a comparison analysis
11or confirmatory forensic analysis.
12(Source: P.A. 96-1011, eff. 9-1-10.)
 
13    (725 ILCS 202/20)
14    Sec. 20. Inventory of evidence.
15    (a) By October 15, 2010, each Illinois law enforcement
16agency shall provide written notice to the Department of State
17Police, in a form and manner prescribed by the Department,
18stating the number of sexual assault cases in the custody of
19the law enforcement agency that have not been previously
20submitted to a laboratory for analysis. Within 180 days after
21the effective date of this Act, appropriate arrangements shall
22be made between the law enforcement agency and the Department
23of State Police, or a laboratory approved and designated by the
24Director of State Police, to ensure that all cases that were
25collected prior to the effective date of this Act and are, or

 

 

HB6332- 3 -LRB099 19163 SLF 43552 b

1were at the time of collection, the subject of a criminal
2investigation, are submitted to the Department of State Police,
3or a laboratory approved and designated by the Director of
4State Police.
5    (b) By February 15, 2011, the Department of State Police
6shall submit to the Governor, the Attorney General, and both
7houses of the General Assembly a plan for analyzing cases
8submitted pursuant to this Section. The plan shall include but
9not be limited to a timeline for completion of analysis and a
10summary of the inventory received, as well as requests for
11funding and resources necessary to meet the established
12timeline. Should the Department determine it is necessary to
13outsource the forensic testing of the cases submitted in
14accordance with this Section, all such cases will be exempt
15from the provisions of subsection (n) of Section 5-4-3 of the
16Unified Code of Corrections.
17    (c) Beginning June 1, 2016, each law enforcement agency
18must conduct an annual inventory of all sexual assault cases in
19the custody of the law enforcement agency and provide written
20notice of its annual findings to the Department. The Department
21shall compile and report the findings of each inventory under
22the requirements of Sections 15 and 42 of this Act.
23(Source: P.A. 96-1011, eff. 9-1-10.)
 
24    (725 ILCS 202/42 new)
25    Sec. 42. Reporting. In addition to the tracking and

 

 

HB6332- 4 -LRB099 19163 SLF 43552 b

1recordkeeping requirements in Section 15 of this Act, each year
2after the effective date of this amendatory Act of the 99th
3General Assembly, the Department shall submit:
4        (1) an annual report to the General Assembly, the
5    Governor, the Supreme Court, the Attorney General, and the
6    Executive Inspector General; and
7        (2) publish a quarterly report on its website,
8    indicating:
9            (A) a breakdown of the number of submissions from
10        every law enforcement agency;
11            (B) the average length of time between submission
12        and analysis for every submission from a law
13        enforcement agency;
14            (C) the number of pending requests for
15        authorization to consume evidence or other
16        authorization requests sent to each law enforcement
17        agency by the Department; and
18            (D) the percentage of cases in which an additional
19        DNA standard is submitted by the investigating law
20        enforcement agency for a comparison analysis or
21        confirmatory forensic analysis.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.