5 ILCS 815/ Law Enforcement Criminal Sexual Assault Investigation Act.

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

5 ILCS 815/1

(5 ILCS 815/1)

Sec. 1. Short title. This Act may be cited as the Law Enforcement Criminal Sexual Assault Investigation Act.

(Source: P.A. 100-515, eff. 1-1-18.)

5 ILCS 815/5

(5 ILCS 815/5)

Sec. 5. Definitions.

As used in this Act:

"Law enforcement agency" means an agency of this State or unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances.

"Law enforcement officer" or "officer" means any person employed by a State, county, or municipality as a policeman, peace officer, or in a like position involving the enforcement of the law and protection of public interest at the risk of the person's life.

"Officer-involved criminal sexual assault" means an alleged violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of the Criminal Code of 2012 while an officer is on duty.

(Source: P.A. 100-515, eff. 1-1-18.)

5 ILCS 815/10

(5 ILCS 815/10)

Sec. 10. Investigation of officer-involved criminal assault; requirements.

(a) Each law enforcement agency shall have a written policy regarding the investigation of officer-involved criminal sexual assault that involves a law enforcement officer employed by that law enforcement agency.

(b) Each officer-involved criminal sexual assault investigation shall be conducted by at least 2 investigators or an entity comprised of at least 2 investigators, one of whom shall be the lead investigator. The investigators shall have completed a specialized sexual assault and sexual abuse investigation training program approved by the Illinois Law Enforcement Training Standards Board or similar training approved by the Illinois State Police. No investigator involved in the investigation may be employed by the law enforcement agency that employs the officer
involved in the officer-involved criminal sexual assault, unless the investigator is employed by the Illinois State Police or a municipality with a population over 1,000,000 and is not assigned to the same division or unit as the officer involved in the criminal sexual assault.

(c) Upon receipt of an allegation or complaint of an officer-involved criminal sexual assault, a municipality with a population over 1,000,000 shall promptly notify an independent agency, created by ordinance of the municipality, tasked with investigating incidents of police misconduct.

(Source: P.A. 102-538, eff. 8-20-21.)

5 ILCS 815/15

(5 ILCS 815/15)

Sec. 15. Intra-agency investigations.

This Act does
not prohibit a law enforcement agency from conducting an
internal investigation into the officer-involved criminal sexual assault if the
internal investigation does not interfere with the
investigation conducted under the requirements of Section 10
of this Act.

(Source: P.A. 100-515, eff. 1-1-18.)

5 ILCS 815/20

(5 ILCS 815/20)

Sec. 20. Compensation for investigations.

Compensation for participation in an investigation of an
officer-involved criminal sexual assault under Section 10 of this Act may be
determined in an intergovernmental or interagency agreement.

(Source: P.A. 100-515, eff. 1-1-18.)

5 ILCS 815/99

(5 ILCS 815/99)

Sec. 99. Effective date. This Act takes effect January 1, 2018.

(Source: P.A. 100-515, eff. 1-1-18.)