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
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
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
LRB103 39011 RLC 69148 b
A BILL FOR
HB4856LRB103 39011 RLC 69148 b HB4856 LRB103 39011 RLC 69148 b
HB4856 LRB103 39011 RLC 69148 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Sexual Assault Evidence Submission Act is
5 amended by changing Sections 15 and 50 as follows:
6 (725 ILCS 202/15)
7 Sec. 15. Analysis of evidence; notification.
8 (a) All sexual assault evidence submitted pursuant to
9 Section 10 of this Act on or after the effective date of this
10 Act shall be analyzed within 6 months after receipt of all
11 necessary evidence and standards by the Illinois State Police
12 Laboratory or other designated laboratory if sufficient
13 staffing and resources are available.
14 (b) If a consistent DNA profile has been identified by
15 comparing the submitted sexual assault evidence with a known
16 standard from a suspect or with DNA profiles in the CODIS
17 database, the Illinois State Police shall notify the
18 investigating law enforcement agency of the results in writing
19 within 7 days after notification, and the Illinois State
20 Police shall provide an automatic courtesy copy of the written
21 notification to the appropriate State's Attorney's Office for
22 tracking and further action, as necessary. Within 5 days after
23 receiving notification under this subsection, the
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
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
LRB103 39011 RLC 69148 b
A BILL FOR
725 ILCS 202/15
725 ILCS 202/50
LRB103 39011 RLC 69148 b
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1 investigating law enforcement agency must:
2 (1) send acknowledgment to the Illinois State Police
3 or designated laboratory that the law enforcement agency
4 has received the notification; and
5 (2) provide any additional information concerning the
6 match to the Illinois State Police or the designated
7 laboratory as requested by the Illinois State Police or
8 designated laboratory.
9 (c) The Illinois State Police or designated laboratory
10 shall also provide to the investigating law enforcement
11 agency, within 30 days after a consistent DNA profile has been
12 identified under subsection (b), of (i) any case-to case match
13 that may assist in the investigation of a criminal case and
14 (ii) any verified match that identifies a suspect or offender.
15 (Source: P.A. 102-538, eff. 8-20-21.)
16 (725 ILCS 202/50)
17 Sec. 50. Sexual assault evidence tracking system.
18 (a) On June 26, 2018, the Sexual Assault Evidence Tracking
19 and Reporting Commission issued its report as required under
20 Section 43. It is the intention of the General Assembly in
21 enacting the provisions of this amendatory Act of the 101st
22 General Assembly to implement the recommendations of the
23 Sexual Assault Evidence Tracking and Reporting Commission set
24 forth in that report in a manner that utilizes the current
25 resources of law enforcement agencies whenever possible and
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1 that is adaptable to changing technologies and circumstances.
2 (a-1) Due to the complex nature of a statewide tracking
3 system for sexual assault evidence and to ensure all
4 stakeholders, including, but not limited to, victims and their
5 designees, health care facilities, law enforcement agencies,
6 forensic labs, and State's Attorneys offices are integrated,
7 the Commission recommended the purchase of an electronic
8 off-the-shelf tracking system. The system must be able to
9 communicate with all stakeholders and provide real-time
10 information to a victim or his or her designee on the status of
11 the evidence that was collected. The sexual assault evidence
12 tracking system must:
13 (1) be electronic and web-based;
14 (2) be administered by the Illinois State Police;
15 (3) have help desk availability at all times;
16 (4) ensure the law enforcement agency contact
17 information is accessible to the victim or his or her
18 designee through the tracking system, so there is contact
19 information for questions;
20 (5) have the option for external connectivity to
21 evidence management systems, laboratory information
22 management systems, or other electronic data systems
23 already in existence by any of the stakeholders to
24 minimize additional burdens or tasks on stakeholders;
25 (6) allow for the victim to opt in for automatic
26 notifications when status updates are entered in the
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1 system, if the system allows;
2 (7) include at each step in the process, a brief
3 explanation of the general purpose of that step and a
4 general indication of how long the step may take to
5 complete;
6 (8) contain minimum fields for tracking and reporting,
7 as follows:
8 (A) for sexual assault evidence kit vendor fields:
9 (i) each sexual evidence kit identification
10 number provided to each health care facility; and
11 (ii) the date the sexual evidence kit was sent
12 to the health care facility.
13 (B) for health care facility fields:
14 (i) the date sexual assault evidence was
15 collected; and
16 (ii) the date notification was made to the law
17 enforcement agency that the sexual assault
18 evidence was collected.
19 (C) for law enforcement agency fields:
20 (i) the date the law enforcement agency took
21 possession of the sexual assault evidence from the
22 health care facility, another law enforcement
23 agency, or victim if he or she did not go through a
24 health care facility;
25 (ii) the law enforcement agency complaint
26 number;
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1 (iii) if the law enforcement agency that takes
2 possession of the sexual assault evidence from a
3 health care facility is not the law enforcement
4 agency with jurisdiction in which the offense
5 occurred, the date when the law enforcement agency
6 notified the law enforcement agency having
7 jurisdiction that the agency has sexual assault
8 evidence required under subsection (c) of Section
9 20 of the Sexual Assault Incident Procedure Act;
10 (iv) an indication if the victim consented for
11 analysis of the sexual assault evidence;
12 (v) if the victim did not consent for analysis
13 of the sexual assault evidence, the date on which
14 the law enforcement agency is no longer required
15 to store the sexual assault evidence;
16 (vi) a mechanism for the law enforcement
17 agency to document why the sexual assault evidence
18 was not submitted to the laboratory for analysis,
19 if applicable;
20 (vii) the date the law enforcement agency
21 received the sexual assault evidence results back
22 from the laboratory;
23 (viii) the date statutory notifications were
24 made to the victim or documentation of why
25 notification was not made; and
26 (ix) the date the law enforcement agency
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1 turned over the case information to the State's
2 Attorney office, if applicable.
3 (D) for forensic lab fields:
4 (i) the date the sexual assault evidence is
5 received from the law enforcement agency by the
6 forensic lab for analysis;
7 (ii) the laboratory case number, visible to
8 the law enforcement agency and State's Attorney
9 office; and
10 (iii) the date the laboratory completes the
11 analysis of the sexual assault evidence.
12 (E) for State's Attorney office fields:
13 (i) the date the State's Attorney office
14 received the sexual assault evidence results from
15 the laboratory, if applicable; and
16 (ii) the disposition or status of the case.
17 (a-2) The Commission also developed guidelines for secure
18 electronic access to a tracking system for a victim, or his or
19 her designee to access information on the status of the
20 evidence collected. The Commission recommended minimum
21 guidelines in order to safeguard confidentiality of the
22 information contained within this statewide tracking system.
23 These recommendations are that the sexual assault evidence
24 tracking system must:
25 (1) allow for secure access, controlled by an
26 administering body who can restrict user access and allow
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1 different permissions based on the need of that particular
2 user and health care facility users may include
3 out-of-state border hospitals, if authorized by the
4 Illinois State Police to obtain this State's kits from
5 vendor;
6 (2) provide for users, other than victims, the ability
7 to provide for any individual who is granted access to the
8 program their own unique user ID and password;
9 (3) provide for a mechanism for a victim to enter the
10 system and only access his or her own information, which
11 must include the information transferred under Section 15,
12 except if prohibited by the investigating law enforcement
13 agency under this subsection. The sexual assault evidence
14 tracking system must allow the investigating law
15 enforcement agency to prohibit access to information
16 regarding DNA matches and follow-up investigations to the
17 victim if the law enforcement agency would determine that
18 doing so would interfere with the investigation or
19 prosecution of the crime;
20 (4) enable a sexual assault evidence to be tracked and
21 identified through the unique sexual assault evidence kit
22 identification number or barcode that the vendor applies
23 to each sexual assault evidence kit per the Illinois State
24 Police's contract;
25 (5) have a mechanism to inventory unused kits provided
26 to a health care facility from the vendor;
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1 (6) provide users the option to either scan the bar
2 code or manually enter the sexual assault evidence kit
3 number into the tracking program;
4 (7) provide a mechanism to create a separate unique
5 identification number for cases in which a sexual evidence
6 kit was not collected, but other evidence was collected;
7 (8) provide the ability to record date, time, and user
8 ID whenever any user accesses the system;
9 (9) provide for real-time entry and update of data;
10 (10) contain report functions including:
11 (A) health care facility compliance with
12 applicable laws;
13 (B) law enforcement agency compliance with
14 applicable laws;
15 (C) law enforcement agency annual inventory of
16 cases to each State's Attorney office; and
17 (D) forensic lab compliance with applicable laws;
18 and
19 (11) provide automatic notifications to the law
20 enforcement agency when:
21 (A) a health care facility has collected sexual
22 assault evidence;
23 (B) unreleased sexual assault evidence that is
24 being stored by the law enforcement agency has met the
25 minimum storage requirement by law; and
26 (C) timelines as required by law are not met for a
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1 particular case, if not otherwise documented.
2 (b) The Illinois State Police may develop rules to
3 implement a sexual assault evidence tracking system that
4 conforms with subsections (a-1) and (a-2) of this Section. The
5 Illinois State Police shall design the criteria for the sexual
6 assault evidence tracking system so that, to the extent
7 reasonably possible, the system can use existing technologies
8 and products, including, but not limited to, currently
9 available tracking systems. The sexual assault evidence
10 tracking system shall be operational and shall begin tracking
11 and reporting sexual assault evidence no later than one year
12 after the effective date of this amendatory Act of the 101st
13 General Assembly. The Illinois State Police may adopt
14 additional rules as it deems necessary to ensure that the
15 sexual assault evidence tracking system continues to be a
16 useful tool for law enforcement.
17 (c) A treatment hospital, a treatment hospital with
18 approved pediatric transfer, an out-of-state hospital approved
19 by the Department of Public Health to receive transfers of
20 Illinois sexual assault survivors, or an approved pediatric
21 health care facility defined in Section 1a of the Sexual
22 Assault Survivors Emergency Treatment Act shall participate in
23 the sexual assault evidence tracking system created under this
24 Section and in accordance with rules adopted under subsection
25 (b), including, but not limited to, the collection of sexual
26 assault evidence and providing information regarding that
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