Public Act 096-1011
 		





SB3269 Enrolled
LRB096 20396 RLC 36042 b





  
    AN ACT concerning sexual assault evidence.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 1. Short title. This Act may be cited as the Sexual 
Assault Evidence Submission Act.
 
    Section 5. Definitions. In this Act:
    "Department" means the Department of  State Police or 
Illinois State Police.
    "Law enforcement agencies" means local, county, State or 
federal law enforcement agencies involved in the investigation 
of sexual assault cases in Illinois.
    "Sexual assault evidence" means evidence collected in 
connection with a sexual assault investigation, including, but 
not limited to, evidence collected using the State Police 
Evidence Collection Kits.

 
    Section 10. Submission of evidence.  Law enforcement 
agencies that receive sexual assault evidence in connection 
with the investigation of a criminal case on or after the 
effective date of this Act must submit evidence from the case 
within 10 business days of receipt to a Department of  State 
Police forensic laboratory or a laboratory approved and 
designated by the Director of State Police. Sexual assault 
evidence received by a law enforcement agency within 30 days 
prior to the effective date of this Act shall be submitted 
pursuant to this Section.
 
    Section 15. Analysis of evidence.  All sexual assault 
evidence submitted pursuant to Section 10 of this Act on or 
after the effective date of this Act shall be analyzed  within 6 
months after receipt of all necessary evidence and standards by 
the State Police Laboratory or other designated laboratory if 
sufficient staffing and resources are available. 
 
    Section 20. Inventory of evidence. By October 15, 2010, 
each Illinois law enforcement agency shall provide written 
notice to the Department of  State Police, in a form and manner 
prescribed by the Department, stating the number of sexual 
assault cases in the custody of the law enforcement agency that 
have not been previously submitted to a laboratory for 
analysis. Within 180 days after the effective date of this Act, 
appropriate arrangements shall be made between the law 
enforcement agency and the Department of State Police, or a 
laboratory approved and designated by the Director of State 
Police, to ensure that all cases that were  collected prior to 
the effective date of this Act and are, or were at the time of 
collection, the subject of a criminal investigation, are 
submitted to the Department of State Police, or a laboratory 
approved and designated by the Director of State Police. By 
February 15, 2011, the Department of State Police shall submit 
to the Governor, the Attorney General, and both houses of the 
General Assembly a plan for analyzing cases submitted pursuant 
to this Section. The plan shall include but not be limited to a 
timeline for completion of analysis and  a summary of the 
inventory received, as well as requests for funding and 
resources necessary to meet the established timeline. Should 
the Department determine it is necessary to outsource the 
forensic testing of the cases submitted in accordance with this 
Section, all such cases will be exempt from the provisions of 
subsection (n) of Section 5-4-3 of the Unified Code of 
Corrections.
 
    Section 25. Failure of a law enforcement agency to submit 
the sexual assault evidence.  The failure of a law enforcement 
agency to submit the sexual assault evidence collected on or 
after the effective date of this Act within 10 business days 
after receipt shall in no way alter the authority of the law 
enforcement agency to submit the evidence or the authority of 
the Department of  State Police forensic laboratory or 
designated laboratory to accept and analyze the evidence or 
specimen or to maintain or upload the results of genetic marker 
grouping analysis information into a local, State, or national 
database in accordance with established protocol. 
 
    Section 30. Required certification.  Each submission of 
sexual assault evidence submitted for analysis pursuant to  this 
Act shall be accompanied by the following signed certification:
    "This evidence is being submitted by (name of investigating 
law enforcement agency) in connection with a prior or current 
criminal investigation."
 
    Section 35. Expungement.  If the Department receives 
written confirmation from the investigating law enforcement 
agency or State's Attorney's office   that a DNA record that has 
been uploaded pursuant to this Act into a local, State or 
national DNA database was not connected to a criminal 
investigation, the DNA record shall be expunged from the DNA 
database and the Department shall, by rule, prescribe 
procedures to ensure that written confirmation is sent to the 
submitting law enforcement agency verifying the expungement. 
  
 
    Section 40. Failure to expunge. The failure to expunge a 
DNA record or strictly comply with the provisions of Section 35 
of this Act  shall not be grounds for challenging the validity 
of a database match or database information, and evidence based 
upon or derived from the DNA record may not be excluded by a 
court.   
 
    Section 45. Rules. The Department of State Police shall 
promulgate rules that prescribe the procedures for the 
operation of this Act, including expunging a DNA record. 
 
    Section 90. The Sexual Assault Survivors Emergency 
Treatment Act is amended by changing Section 6.4 as follows:
 



    (410 ILCS 70/6.4)  (from Ch. 111 1/2, par. 87-6.4)


    Sec. 6.4. Sexual assault evidence collection program. 

    (a) There is created a statewide sexual assault evidence 
collection program
to facilitate the prosecution of persons 
accused of sexual assault.  This
program shall be administered 
by the Illinois
State Police.  The program shall
consist of the 
following:  (1) distribution of sexual assault evidence

collection kits which have been approved by the Illinois
State 
Police to hospitals that request them, or arranging for
such 
distribution by the manufacturer of the kits, (2) collection of 
the kits
from hospitals after the kits have been  used to 
collect
evidence, (3) analysis of the collected evidence and 
conducting of laboratory
tests, (4) maintaining the chain of 
custody and safekeeping of the evidence
for use in a legal 
proceeding, and (5) the comparison of the collected evidence 
with the genetic marker grouping analysis information 
maintained by the Department of State Police under Section 
5-4-3 of the Unified Code of Corrections and with the 
information contained in the Federal Bureau of Investigation's 
National DNA database; provided the amount and quality of 
genetic marker grouping results obtained from the evidence in 
the sexual assault case meets the requirements of both the 
Department of State Police and the Federal Bureau of 
Investigation's Combined DNA Index System (CODIS) policies.  
The standardized evidence collection kit for
the State of 
Illinois shall be the Illinois State Police Sexual Assault 
Evidence Kit.
A sexual assault evidence collection kit may not 
be released by a hospital
without the written consent of the 
sexual assault survivor.  In the case of a
survivor who is a 
minor 13 years of age or older, evidence and
information 
concerning  the sexual assault may be released at the
written 
request of the minor. If the survivor is a minor who is under 
13 years
of age, evidence and information concerning the 
alleged sexual assault may be
released at the written request 
of the parent, guardian, investigating law
enforcement 
officer, or Department of Children and Family Services. If the 
survivor is an adult who has a guardian of the person, a health 
care surrogate, or an agent acting under a health care power of 
attorney, then consent of the guardian, surrogate, or agent is 
not required to release evidence and information concerning the 
sexual assault. If the adult is unable to provide consent for 
the release of evidence and information and a guardian, 
surrogate, or agent under a health care power of attorney is 
unavailable or unwilling to release the information, then an 
investigating law enforcement officer may authorize the 
release. Any health
care professional, including any 
physician, advanced practice nurse, physician assistant,  or 
nurse, sexual assault nurse
examiner, and any health care

institution, including any hospital, who provides evidence or 
information to a
law enforcement officer pursuant to a written 
request as specified in this
Section is immune from any civil 
or professional liability that might arise
from those actions, 
with the exception of willful or wanton misconduct.  The

immunity provision applies only if all of the requirements of 
this Section are
met.

    (a-5) (Blank). All sexual assault evidence collected using 
the State Police Evidence Collection Kits before January 1, 
2005 (the effective date of Public Act 93-781) that have not 
been previously analyzed and tested by the Department of State 
Police shall be analyzed and tested within 2 years after 
receipt of all necessary evidence and standards into the State 
Police Laboratory if sufficient staffing and resources are 
available. All sexual assault evidence collected using the 
State Police Evidence Collection Kits on or after January 1, 
2005 (the effective date of Public Act 93-781) shall be 
analyzed and tested by the Department of State Police within 
one year after receipt of all necessary evidence and standards 
into the State Police Laboratory if sufficient staffing and 
resources are available.

    (b) The Illinois State Police shall administer a program to 
train hospitals
and hospital personnel participating in the 
sexual assault evidence collection
program, in the correct use 
and application of the sexual assault evidence
collection kits.  
A sexual assault nurse examiner may conduct
examinations using 
the sexual assault evidence collection kits, without the

presence or participation of a physician.  The Department
shall

cooperate with the Illinois State Police in this
program as it 
pertains to medical aspects of the evidence collection.

    (c) In this Section, "sexual assault nurse examiner" means 
a registered
nurse
who has completed a sexual assault nurse 
examiner (SANE) training program that
meets the Forensic Sexual 
Assault Nurse Examiner Education Guidelines
established by the 
International Association of Forensic Nurses.

(Source: P.A. 95-331, eff. 8-21-07; 95-432, eff. 1-1-08; 
96-318, eff. 1-1-10.)


 
    Section 99. Effective date. This Act takes effect September 
1, 2010.