IL
Illinois House Bill HB4856

Illinois 2023-2024 Regular Session

Illinois House Bill HB4856 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4856 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: 725 ILCS 202/15725 ILCS 202/50 Amends the Sexual Assault Evidence Submission Act. Provides that 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 Illinois State Police shall notify the investigating law enforcement agency of the results in writing within 7 days after notification. Provides that within 5 days after receiving notification, the investigating law enforcement agency must: (1) send acknowledgment to the Illinois State Police or designated laboratory that the law enforcement agency has received the notification; and (2) provide any additional information concerning the match to the Illinois State Police or the designated laboratory as requested by the Illinois State Police or designated laboratory. Provides that the Illinois State Police or designated laboratory shall also provide to the investigating law enforcement agency, within 30 days after a consistent DNA profile has been identified of (i) any case-to case match that may assist in the investigation of a criminal case and (ii) any verified match that identifies a suspect or offender. Provides that the sexual assault evidence tracking system must allow the investigating law enforcement agency to prohibit access to information regarding DNA matches and follow-up investigations to the victim if the law enforcement agency would determine that doing so would interfere with the investigation or prosecution of the crime. LRB103 39011 RLC 69148 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4856 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: 725 ILCS 202/15725 ILCS 202/50 725 ILCS 202/15 725 ILCS 202/50 Amends the Sexual Assault Evidence Submission Act. Provides that 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 Illinois State Police shall notify the investigating law enforcement agency of the results in writing within 7 days after notification. Provides that within 5 days after receiving notification, the investigating law enforcement agency must: (1) send acknowledgment to the Illinois State Police or designated laboratory that the law enforcement agency has received the notification; and (2) provide any additional information concerning the match to the Illinois State Police or the designated laboratory as requested by the Illinois State Police or designated laboratory. Provides that the Illinois State Police or designated laboratory shall also provide to the investigating law enforcement agency, within 30 days after a consistent DNA profile has been identified of (i) any case-to case match that may assist in the investigation of a criminal case and (ii) any verified match that identifies a suspect or offender. Provides that the sexual assault evidence tracking system must allow the investigating law enforcement agency to prohibit access to information regarding DNA matches and follow-up investigations to the victim if the law enforcement agency would determine that doing so would interfere with the investigation or prosecution of the crime. LRB103 39011 RLC 69148 b LRB103 39011 RLC 69148 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4856 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
33 725 ILCS 202/15725 ILCS 202/50 725 ILCS 202/15 725 ILCS 202/50
44 725 ILCS 202/15
55 725 ILCS 202/50
66 Amends the Sexual Assault Evidence Submission Act. Provides that 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 Illinois State Police shall notify the investigating law enforcement agency of the results in writing within 7 days after notification. Provides that within 5 days after receiving notification, the investigating law enforcement agency must: (1) send acknowledgment to the Illinois State Police or designated laboratory that the law enforcement agency has received the notification; and (2) provide any additional information concerning the match to the Illinois State Police or the designated laboratory as requested by the Illinois State Police or designated laboratory. Provides that the Illinois State Police or designated laboratory shall also provide to the investigating law enforcement agency, within 30 days after a consistent DNA profile has been identified of (i) any case-to case match that may assist in the investigation of a criminal case and (ii) any verified match that identifies a suspect or offender. Provides that the sexual assault evidence tracking system must allow the investigating law enforcement agency to prohibit access to information regarding DNA matches and follow-up investigations to the victim if the law enforcement agency would determine that doing so would interfere with the investigation or prosecution of the crime.
77 LRB103 39011 RLC 69148 b LRB103 39011 RLC 69148 b
88 LRB103 39011 RLC 69148 b
99 A BILL FOR
1010 HB4856LRB103 39011 RLC 69148 b HB4856 LRB103 39011 RLC 69148 b
1111 HB4856 LRB103 39011 RLC 69148 b
1212 1 AN ACT concerning criminal law.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Sexual Assault Evidence Submission Act is
1616 5 amended by changing Sections 15 and 50 as follows:
1717 6 (725 ILCS 202/15)
1818 7 Sec. 15. Analysis of evidence; notification.
1919 8 (a) All sexual assault evidence submitted pursuant to
2020 9 Section 10 of this Act on or after the effective date of this
2121 10 Act shall be analyzed within 6 months after receipt of all
2222 11 necessary evidence and standards by the Illinois State Police
2323 12 Laboratory or other designated laboratory if sufficient
2424 13 staffing and resources are available.
2525 14 (b) If a consistent DNA profile has been identified by
2626 15 comparing the submitted sexual assault evidence with a known
2727 16 standard from a suspect or with DNA profiles in the CODIS
2828 17 database, the Illinois State Police shall notify the
2929 18 investigating law enforcement agency of the results in writing
3030 19 within 7 days after notification, and the Illinois State
3131 20 Police shall provide an automatic courtesy copy of the written
3232 21 notification to the appropriate State's Attorney's Office for
3333 22 tracking and further action, as necessary. Within 5 days after
3434 23 receiving notification under this subsection, the
3535
3636
3737
3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4856 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
3939 725 ILCS 202/15725 ILCS 202/50 725 ILCS 202/15 725 ILCS 202/50
4040 725 ILCS 202/15
4141 725 ILCS 202/50
4242 Amends the Sexual Assault Evidence Submission Act. Provides that 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 Illinois State Police shall notify the investigating law enforcement agency of the results in writing within 7 days after notification. Provides that within 5 days after receiving notification, the investigating law enforcement agency must: (1) send acknowledgment to the Illinois State Police or designated laboratory that the law enforcement agency has received the notification; and (2) provide any additional information concerning the match to the Illinois State Police or the designated laboratory as requested by the Illinois State Police or designated laboratory. Provides that the Illinois State Police or designated laboratory shall also provide to the investigating law enforcement agency, within 30 days after a consistent DNA profile has been identified of (i) any case-to case match that may assist in the investigation of a criminal case and (ii) any verified match that identifies a suspect or offender. Provides that the sexual assault evidence tracking system must allow the investigating law enforcement agency to prohibit access to information regarding DNA matches and follow-up investigations to the victim if the law enforcement agency would determine that doing so would interfere with the investigation or prosecution of the crime.
4343 LRB103 39011 RLC 69148 b LRB103 39011 RLC 69148 b
4444 LRB103 39011 RLC 69148 b
4545 A BILL FOR
4646
4747
4848
4949
5050
5151 725 ILCS 202/15
5252 725 ILCS 202/50
5353
5454
5555
5656 LRB103 39011 RLC 69148 b
5757
5858
5959
6060
6161
6262
6363
6464
6565
6666 HB4856 LRB103 39011 RLC 69148 b
6767
6868
6969 HB4856- 2 -LRB103 39011 RLC 69148 b HB4856 - 2 - LRB103 39011 RLC 69148 b
7070 HB4856 - 2 - LRB103 39011 RLC 69148 b
7171 1 investigating law enforcement agency must:
7272 2 (1) send acknowledgment to the Illinois State Police
7373 3 or designated laboratory that the law enforcement agency
7474 4 has received the notification; and
7575 5 (2) provide any additional information concerning the
7676 6 match to the Illinois State Police or the designated
7777 7 laboratory as requested by the Illinois State Police or
7878 8 designated laboratory.
7979 9 (c) The Illinois State Police or designated laboratory
8080 10 shall also provide to the investigating law enforcement
8181 11 agency, within 30 days after a consistent DNA profile has been
8282 12 identified under subsection (b), of (i) any case-to case match
8383 13 that may assist in the investigation of a criminal case and
8484 14 (ii) any verified match that identifies a suspect or offender.
8585 15 (Source: P.A. 102-538, eff. 8-20-21.)
8686 16 (725 ILCS 202/50)
8787 17 Sec. 50. Sexual assault evidence tracking system.
8888 18 (a) On June 26, 2018, the Sexual Assault Evidence Tracking
8989 19 and Reporting Commission issued its report as required under
9090 20 Section 43. It is the intention of the General Assembly in
9191 21 enacting the provisions of this amendatory Act of the 101st
9292 22 General Assembly to implement the recommendations of the
9393 23 Sexual Assault Evidence Tracking and Reporting Commission set
9494 24 forth in that report in a manner that utilizes the current
9595 25 resources of law enforcement agencies whenever possible and
9696
9797
9898
9999
100100
101101 HB4856 - 2 - LRB103 39011 RLC 69148 b
102102
103103
104104 HB4856- 3 -LRB103 39011 RLC 69148 b HB4856 - 3 - LRB103 39011 RLC 69148 b
105105 HB4856 - 3 - LRB103 39011 RLC 69148 b
106106 1 that is adaptable to changing technologies and circumstances.
107107 2 (a-1) Due to the complex nature of a statewide tracking
108108 3 system for sexual assault evidence and to ensure all
109109 4 stakeholders, including, but not limited to, victims and their
110110 5 designees, health care facilities, law enforcement agencies,
111111 6 forensic labs, and State's Attorneys offices are integrated,
112112 7 the Commission recommended the purchase of an electronic
113113 8 off-the-shelf tracking system. The system must be able to
114114 9 communicate with all stakeholders and provide real-time
115115 10 information to a victim or his or her designee on the status of
116116 11 the evidence that was collected. The sexual assault evidence
117117 12 tracking system must:
118118 13 (1) be electronic and web-based;
119119 14 (2) be administered by the Illinois State Police;
120120 15 (3) have help desk availability at all times;
121121 16 (4) ensure the law enforcement agency contact
122122 17 information is accessible to the victim or his or her
123123 18 designee through the tracking system, so there is contact
124124 19 information for questions;
125125 20 (5) have the option for external connectivity to
126126 21 evidence management systems, laboratory information
127127 22 management systems, or other electronic data systems
128128 23 already in existence by any of the stakeholders to
129129 24 minimize additional burdens or tasks on stakeholders;
130130 25 (6) allow for the victim to opt in for automatic
131131 26 notifications when status updates are entered in the
132132
133133
134134
135135
136136
137137 HB4856 - 3 - LRB103 39011 RLC 69148 b
138138
139139
140140 HB4856- 4 -LRB103 39011 RLC 69148 b HB4856 - 4 - LRB103 39011 RLC 69148 b
141141 HB4856 - 4 - LRB103 39011 RLC 69148 b
142142 1 system, if the system allows;
143143 2 (7) include at each step in the process, a brief
144144 3 explanation of the general purpose of that step and a
145145 4 general indication of how long the step may take to
146146 5 complete;
147147 6 (8) contain minimum fields for tracking and reporting,
148148 7 as follows:
149149 8 (A) for sexual assault evidence kit vendor fields:
150150 9 (i) each sexual evidence kit identification
151151 10 number provided to each health care facility; and
152152 11 (ii) the date the sexual evidence kit was sent
153153 12 to the health care facility.
154154 13 (B) for health care facility fields:
155155 14 (i) the date sexual assault evidence was
156156 15 collected; and
157157 16 (ii) the date notification was made to the law
158158 17 enforcement agency that the sexual assault
159159 18 evidence was collected.
160160 19 (C) for law enforcement agency fields:
161161 20 (i) the date the law enforcement agency took
162162 21 possession of the sexual assault evidence from the
163163 22 health care facility, another law enforcement
164164 23 agency, or victim if he or she did not go through a
165165 24 health care facility;
166166 25 (ii) the law enforcement agency complaint
167167 26 number;
168168
169169
170170
171171
172172
173173 HB4856 - 4 - LRB103 39011 RLC 69148 b
174174
175175
176176 HB4856- 5 -LRB103 39011 RLC 69148 b HB4856 - 5 - LRB103 39011 RLC 69148 b
177177 HB4856 - 5 - LRB103 39011 RLC 69148 b
178178 1 (iii) if the law enforcement agency that takes
179179 2 possession of the sexual assault evidence from a
180180 3 health care facility is not the law enforcement
181181 4 agency with jurisdiction in which the offense
182182 5 occurred, the date when the law enforcement agency
183183 6 notified the law enforcement agency having
184184 7 jurisdiction that the agency has sexual assault
185185 8 evidence required under subsection (c) of Section
186186 9 20 of the Sexual Assault Incident Procedure Act;
187187 10 (iv) an indication if the victim consented for
188188 11 analysis of the sexual assault evidence;
189189 12 (v) if the victim did not consent for analysis
190190 13 of the sexual assault evidence, the date on which
191191 14 the law enforcement agency is no longer required
192192 15 to store the sexual assault evidence;
193193 16 (vi) a mechanism for the law enforcement
194194 17 agency to document why the sexual assault evidence
195195 18 was not submitted to the laboratory for analysis,
196196 19 if applicable;
197197 20 (vii) the date the law enforcement agency
198198 21 received the sexual assault evidence results back
199199 22 from the laboratory;
200200 23 (viii) the date statutory notifications were
201201 24 made to the victim or documentation of why
202202 25 notification was not made; and
203203 26 (ix) the date the law enforcement agency
204204
205205
206206
207207
208208
209209 HB4856 - 5 - LRB103 39011 RLC 69148 b
210210
211211
212212 HB4856- 6 -LRB103 39011 RLC 69148 b HB4856 - 6 - LRB103 39011 RLC 69148 b
213213 HB4856 - 6 - LRB103 39011 RLC 69148 b
214214 1 turned over the case information to the State's
215215 2 Attorney office, if applicable.
216216 3 (D) for forensic lab fields:
217217 4 (i) the date the sexual assault evidence is
218218 5 received from the law enforcement agency by the
219219 6 forensic lab for analysis;
220220 7 (ii) the laboratory case number, visible to
221221 8 the law enforcement agency and State's Attorney
222222 9 office; and
223223 10 (iii) the date the laboratory completes the
224224 11 analysis of the sexual assault evidence.
225225 12 (E) for State's Attorney office fields:
226226 13 (i) the date the State's Attorney office
227227 14 received the sexual assault evidence results from
228228 15 the laboratory, if applicable; and
229229 16 (ii) the disposition or status of the case.
230230 17 (a-2) The Commission also developed guidelines for secure
231231 18 electronic access to a tracking system for a victim, or his or
232232 19 her designee to access information on the status of the
233233 20 evidence collected. The Commission recommended minimum
234234 21 guidelines in order to safeguard confidentiality of the
235235 22 information contained within this statewide tracking system.
236236 23 These recommendations are that the sexual assault evidence
237237 24 tracking system must:
238238 25 (1) allow for secure access, controlled by an
239239 26 administering body who can restrict user access and allow
240240
241241
242242
243243
244244
245245 HB4856 - 6 - LRB103 39011 RLC 69148 b
246246
247247
248248 HB4856- 7 -LRB103 39011 RLC 69148 b HB4856 - 7 - LRB103 39011 RLC 69148 b
249249 HB4856 - 7 - LRB103 39011 RLC 69148 b
250250 1 different permissions based on the need of that particular
251251 2 user and health care facility users may include
252252 3 out-of-state border hospitals, if authorized by the
253253 4 Illinois State Police to obtain this State's kits from
254254 5 vendor;
255255 6 (2) provide for users, other than victims, the ability
256256 7 to provide for any individual who is granted access to the
257257 8 program their own unique user ID and password;
258258 9 (3) provide for a mechanism for a victim to enter the
259259 10 system and only access his or her own information, which
260260 11 must include the information transferred under Section 15,
261261 12 except if prohibited by the investigating law enforcement
262262 13 agency under this subsection. The sexual assault evidence
263263 14 tracking system must allow the investigating law
264264 15 enforcement agency to prohibit access to information
265265 16 regarding DNA matches and follow-up investigations to the
266266 17 victim if the law enforcement agency would determine that
267267 18 doing so would interfere with the investigation or
268268 19 prosecution of the crime;
269269 20 (4) enable a sexual assault evidence to be tracked and
270270 21 identified through the unique sexual assault evidence kit
271271 22 identification number or barcode that the vendor applies
272272 23 to each sexual assault evidence kit per the Illinois State
273273 24 Police's contract;
274274 25 (5) have a mechanism to inventory unused kits provided
275275 26 to a health care facility from the vendor;
276276
277277
278278
279279
280280
281281 HB4856 - 7 - LRB103 39011 RLC 69148 b
282282
283283
284284 HB4856- 8 -LRB103 39011 RLC 69148 b HB4856 - 8 - LRB103 39011 RLC 69148 b
285285 HB4856 - 8 - LRB103 39011 RLC 69148 b
286286 1 (6) provide users the option to either scan the bar
287287 2 code or manually enter the sexual assault evidence kit
288288 3 number into the tracking program;
289289 4 (7) provide a mechanism to create a separate unique
290290 5 identification number for cases in which a sexual evidence
291291 6 kit was not collected, but other evidence was collected;
292292 7 (8) provide the ability to record date, time, and user
293293 8 ID whenever any user accesses the system;
294294 9 (9) provide for real-time entry and update of data;
295295 10 (10) contain report functions including:
296296 11 (A) health care facility compliance with
297297 12 applicable laws;
298298 13 (B) law enforcement agency compliance with
299299 14 applicable laws;
300300 15 (C) law enforcement agency annual inventory of
301301 16 cases to each State's Attorney office; and
302302 17 (D) forensic lab compliance with applicable laws;
303303 18 and
304304 19 (11) provide automatic notifications to the law
305305 20 enforcement agency when:
306306 21 (A) a health care facility has collected sexual
307307 22 assault evidence;
308308 23 (B) unreleased sexual assault evidence that is
309309 24 being stored by the law enforcement agency has met the
310310 25 minimum storage requirement by law; and
311311 26 (C) timelines as required by law are not met for a
312312
313313
314314
315315
316316
317317 HB4856 - 8 - LRB103 39011 RLC 69148 b
318318
319319
320320 HB4856- 9 -LRB103 39011 RLC 69148 b HB4856 - 9 - LRB103 39011 RLC 69148 b
321321 HB4856 - 9 - LRB103 39011 RLC 69148 b
322322 1 particular case, if not otherwise documented.
323323 2 (b) The Illinois State Police may develop rules to
324324 3 implement a sexual assault evidence tracking system that
325325 4 conforms with subsections (a-1) and (a-2) of this Section. The
326326 5 Illinois State Police shall design the criteria for the sexual
327327 6 assault evidence tracking system so that, to the extent
328328 7 reasonably possible, the system can use existing technologies
329329 8 and products, including, but not limited to, currently
330330 9 available tracking systems. The sexual assault evidence
331331 10 tracking system shall be operational and shall begin tracking
332332 11 and reporting sexual assault evidence no later than one year
333333 12 after the effective date of this amendatory Act of the 101st
334334 13 General Assembly. The Illinois State Police may adopt
335335 14 additional rules as it deems necessary to ensure that the
336336 15 sexual assault evidence tracking system continues to be a
337337 16 useful tool for law enforcement.
338338 17 (c) A treatment hospital, a treatment hospital with
339339 18 approved pediatric transfer, an out-of-state hospital approved
340340 19 by the Department of Public Health to receive transfers of
341341 20 Illinois sexual assault survivors, or an approved pediatric
342342 21 health care facility defined in Section 1a of the Sexual
343343 22 Assault Survivors Emergency Treatment Act shall participate in
344344 23 the sexual assault evidence tracking system created under this
345345 24 Section and in accordance with rules adopted under subsection
346346 25 (b), including, but not limited to, the collection of sexual
347347 26 assault evidence and providing information regarding that
348348
349349
350350
351351
352352
353353 HB4856 - 9 - LRB103 39011 RLC 69148 b
354354
355355
356356 HB4856- 10 -LRB103 39011 RLC 69148 b HB4856 - 10 - LRB103 39011 RLC 69148 b
357357 HB4856 - 10 - LRB103 39011 RLC 69148 b
358358
359359
360360
361361
362362
363363 HB4856 - 10 - LRB103 39011 RLC 69148 b