Illinois 2023-2024 Regular Session

Illinois House Bill HB3366 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3366 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: 725 ILCS 203/10725 ILCS 203/30 Amends the Sexual Assault Incident Procedure Act. Provides that, except for certain medical examiner or coroner investigations, whenever a person's DNA profile is collected due to the person being a victim of a sexual assault or sexual abuse, that specific profile collected in conjunction with that criminal investigation shall not be entered into any DNA database. Defines "DNA database". LRB103 29297 RLC 55684 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3366 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: 725 ILCS 203/10725 ILCS 203/30 725 ILCS 203/10 725 ILCS 203/30 Amends the Sexual Assault Incident Procedure Act. Provides that, except for certain medical examiner or coroner investigations, whenever a person's DNA profile is collected due to the person being a victim of a sexual assault or sexual abuse, that specific profile collected in conjunction with that criminal investigation shall not be entered into any DNA database. Defines "DNA database". LRB103 29297 RLC 55684 b LRB103 29297 RLC 55684 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3366 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
3	3	725 ILCS 203/10725 ILCS 203/30 725 ILCS 203/10 725 ILCS 203/30
4	4	725 ILCS 203/10
5	5	725 ILCS 203/30
6	6	Amends the Sexual Assault Incident Procedure Act. Provides that, except for certain medical examiner or coroner investigations, whenever a person's DNA profile is collected due to the person being a victim of a sexual assault or sexual abuse, that specific profile collected in conjunction with that criminal investigation shall not be entered into any DNA database. Defines "DNA database".
7	7	LRB103 29297 RLC 55684 b LRB103 29297 RLC 55684 b
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9	9	A BILL FOR
10	10	HB3366LRB103 29297 RLC 55684 b HB3366 LRB103 29297 RLC 55684 b
11	11	HB3366 LRB103 29297 RLC 55684 b
12	12	1 AN ACT concerning criminal law.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Sexual Assault Incident Procedure Act is
16	16	5 amended by changing Sections 10 and 30 as follows:
17	17	6 (725 ILCS 203/10)
18	18	7 Sec. 10. Definitions. In this Act:
19	19	8 "Board" means the Illinois Law Enforcement Training
20	20	9 Standards Board.
21	21	10 "DNA database" means a collection of DNA profiles from
22	22	11 forensic casework or specimens from anonymous, identified, and
23	23	12 unidentified sources that are created to search DNA records
24	24	13 against each other to develop investigative leads among
25	25	14 forensic cases.
26	26	15 "Evidence-based, trauma-informed, victim-centered" means
27	27	16 policies, procedures, programs, and practices that have been
28	28	17 demonstrated to minimize retraumatization associated with the
29	29	18 criminal justice process by recognizing the presence of trauma
30	30	19 symptoms and acknowledging the role that trauma has played in
31	31	20 a sexual assault or sexual abuse victim's life and focusing on
32	32	21 the needs and concerns of a victim that ensures compassionate
33	33	22 and sensitive delivery of services in a nonjudgmental manner.
34	34	23 "Law enforcement agency having jurisdiction" means the law
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3366 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
39	39	725 ILCS 203/10725 ILCS 203/30 725 ILCS 203/10 725 ILCS 203/30
40	40	725 ILCS 203/10
41	41	725 ILCS 203/30
42	42	Amends the Sexual Assault Incident Procedure Act. Provides that, except for certain medical examiner or coroner investigations, whenever a person's DNA profile is collected due to the person being a victim of a sexual assault or sexual abuse, that specific profile collected in conjunction with that criminal investigation shall not be entered into any DNA database. Defines "DNA database".
43	43	LRB103 29297 RLC 55684 b LRB103 29297 RLC 55684 b
44	44	LRB103 29297 RLC 55684 b
45	45	A BILL FOR
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71	71	1 enforcement agency in the jurisdiction where an alleged sexual
72	72	2 assault or sexual abuse occurred.
73	73	3 "Sexual assault evidence" means evidence collected in
74	74	4 connection with a sexual assault or sexual abuse
75	75	5 investigation, including, but not limited to, evidence
76	76	6 collected using the Illinois State Police Sexual Assault
77	77	7 Evidence Collection Kit as defined in Section 1a of the Sexual
78	78	8 Assault Survivors Emergency Treatment Act.
79	79	9 "Sexual assault or sexual abuse" means an act of
80	80	10 nonconsensual sexual conduct or sexual penetration, as defined
81	81	11 in Section 12-12 of the Criminal Code of 1961 or Section 11-0.1
82	82	12 of the Criminal Code of 2012, including, without limitation,
83	83	13 acts prohibited under Sections 12-13 through 12-16 of the
84	84	14 Criminal Code of 1961 or Sections 11-1.20 through 11-1.60 of
85	85	15 the Criminal Code of 2012.
86	86	16 (Source: P.A. 99-801, eff. 1-1-17.)
87	87	17 (725 ILCS 203/30)
88	88	18 Sec. 30. Release and storage of sexual assault evidence.
89	89	19 (a) A law enforcement agency having jurisdiction that is
90	90	20 notified by a hospital or another law enforcement agency that
91	91	21 a victim of a sexual assault or sexual abuse has received a
92	92	22 medical forensic examination and has completed an Illinois
93	93	23 State Police Sexual Assault Evidence Collection Kit shall take
94	94	24 custody of the sexual assault evidence as soon as practicable,
95	95	25 but in no event more than 5 days after the completion of the
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106	106	1 medical forensic examination.
107	107	2 (a-5) A State's Attorney who is notified under subsection
108	108	3 (d) of Section 6.6 of the Sexual Assault Survivors Emergency
109	109	4 Treatment Act that a hospital is in possession of sexual
110	110	5 assault evidence shall, within 72 hours, contact the
111	111	6 appropriate law enforcement agency to request that the law
112	112	7 enforcement agency take immediate physical custody of the
113	113	8 sexual assault evidence.
114	114	9 (b) The written report prepared under Section 20 of this
115	115	10 Act shall include the date and time the sexual assault
116	116	11 evidence was picked up from the hospital and the date and time
117	117	12 the sexual assault evidence was sent to the laboratory in
118	118	13 accordance with the Sexual Assault Evidence Submission Act.
119	119	14 (c) If the victim of a sexual assault or sexual abuse or a
120	120	15 person authorized under Section 6.5 of the Sexual Assault
121	121	16 Survivors Emergency Treatment Act has consented to allow law
122	122	17 enforcement to test the sexual assault evidence, the law
123	123	18 enforcement agency having jurisdiction shall submit the sexual
124	124	19 assault evidence for testing in accordance with the Sexual
125	125	20 Assault Evidence Submission Act. No law enforcement agency
126	126	21 having jurisdiction may refuse or fail to send sexual assault
127	127	22 evidence for testing that the victim has released for testing.
128	128	23 (c-5) Except as otherwise provided in Section 9.5 of the
129	129	24 Criminal Identification Act or Section 3-3013 of the Counties
130	130	25 Code, whenever a person's DNA profile is collected due to the
131	131	26 person being a victim of a sexual assault or sexual abuse, that
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142	142	1 specific profile collected in conjunction with that criminal
143	143	2 investigation shall not be entered into any DNA database.
144	144	3 (d) A victim shall have 10 years from the completion of an
145	145	4 Illinois State Police Sexual Assault Evidence Collection Kit,
146	146	5 or 10 years from the age of 18 years, whichever is longer, to
147	147	6 sign a written consent to release the sexual assault evidence
148	148	7 to law enforcement for testing. If the victim or a person
149	149	8 authorized under Section 6.5 of the Sexual Assault Survivors
150	150	9 Emergency Treatment Act does not sign the written consent at
151	151	10 the completion of the medical forensic examination, the victim
152	152	11 or person authorized by Section 6.5 of the Sexual Assault
153	153	12 Survivors Emergency Treatment Act may sign the written release
154	154	13 at the law enforcement agency having jurisdiction, or in the
155	155	14 presence of a sexual assault advocate who may deliver the
156	156	15 written release to the law enforcement agency having
157	157	16 jurisdiction. The victim may also provide verbal consent to
158	158	17 the law enforcement agency having jurisdiction and shall
159	159	18 verify the verbal consent via email or fax. Upon receipt of
160	160	19 written or verbal consent, the law enforcement agency having
161	161	20 jurisdiction shall submit the sexual assault evidence for
162	162	21 testing in accordance with the Sexual Assault Evidence
163	163	22 Submission Act. No law enforcement agency having jurisdiction
164	164	23 may refuse or fail to send the sexual assault evidence for
165	165	24 testing that the victim has released for testing.
166	166	25 (e) The law enforcement agency having jurisdiction who
167	167	26 speaks to a victim who does not sign a written consent to
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178	178	1 release the sexual assault evidence prior to discharge from
179	179	2 the hospital shall provide a written notice to the victim that
180	180	3 contains the following information:
181	181	4 (1) where the sexual assault evidence will be stored
182	182	5 for 10 years;
183	183	6 (2) notice that the victim may sign a written release
184	184	7 to test the sexual assault evidence at any time during the
185	185	8 10-year period by contacting the law enforcement agency
186	186	9 having jurisdiction or working with a sexual assault
187	187	10 advocate;
188	188	11 (3) the name, phone number, and email address of the
189	189	12 law enforcement agency having jurisdiction; and
190	190	13 (4) the name and phone number of a local rape crisis
191	191	14 center.
192	192	15 Each law enforcement agency shall develop a protocol for
193	193	16 providing this information to victims as part of the written
194	194	17 policies required in subsection (a) of Section 15 of this Act.
195	195	18 (f) A law enforcement agency must develop a protocol for
196	196	19 responding to victims who want to sign a written consent to
197	197	20 release the sexual assault evidence and to ensure that victims
198	198	21 who want to be notified or have a designee notified prior to
199	199	22 the end of the 10-year period are provided notice.
200	200	23 (g) Nothing in this Section shall be construed as limiting
201	201	24 the storage period to 10 years. A law enforcement agency
202	202	25 having jurisdiction may adopt a storage policy that provides
203	203	26 for a period of time exceeding 10 years. If a longer period of
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214	214	1 time is adopted, the law enforcement agency having
215	215	2 jurisdiction shall notify the victim or designee in writing of
216	216	3 the longer storage period.
217	217	4 (Source: P.A. 99-801, eff. 1-1-17; 100-1087, eff. 1-1-19.)
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