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Public Act 099-0617
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| SB2221 Enrolled | LRB099 14772 MRW 38922 b |
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AN ACT concerning criminal law.
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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 5. The Sexual Assault Evidence Submission Act is |
amended by changing Sections 15 and 20 and by adding Section 42 |
as follows:
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(725 ILCS 202/15)
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Sec. 15. Analysis of evidence; notification. |
(a) 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.
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(b) If a consistent DNA profile has been identified by |
comparing the submitted sexual assault evidence with a known |
standard from a suspect or with DNA profiles in the CODIS |
database, the Department shall notify the investigating law |
enforcement agency of the results in writing, and the |
Department shall provide an automatic courtesy copy of the |
written notification to the appropriate State's Attorney's |
Office for tracking and further action, as necessary. |
(Source: P.A. 96-1011, eff. 9-1-10.)
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(725 ILCS 202/20)
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Sec. 20. Inventory of evidence. |
(a) 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. |
(b) 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 |
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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.
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(c) Beginning June 1, 2016 or on and after the effective |
date of this amendatory Act of the 99th General Assembly, |
whichever is later, 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 State's Attorney's Office having |
jurisdiction to ensure sexual assault cases are being submitted |
as provided by law. |
(Source: P.A. 96-1011, eff. 9-1-10.)
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(725 ILCS 202/42 new) |
Sec. 42. Reporting. Beginning January 1, 2017 and each year |
thereafter, the Department shall publish a quarterly report on |
its website, indicating a breakdown of the number of sexual |
assault case submissions from every law enforcement agency.
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Section 99. Effective date. This Act takes effect upon |
becoming law. |