IL
Illinois House Bill HB1302

Illinois 2025-2026 Regular Session

Illinois House Bill HB1302 Compare Versions

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1-HB1302 EngrossedLRB104 05519 RLC 15548 b HB1302 Engrossed LRB104 05519 RLC 15548 b
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1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1302 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: 720 ILCS 5/16-25.2725 ILCS 5/112A-29 from Ch. 38, par. 112A-29725 ILCS 5/116-2.1725 ILCS 203/20750 ILCS 60/303 from Ch. 40, par. 2313-3 Amends the Criminal Code of 2012. Deletes a provision that timely notice to a retail mercantile establishment that is a victim of retail theft, organized retail crime, financial institution fraud, or looting shall include 7 days' notice of any court proceedings. Amends the Code of Criminal Procedure of 1963. Provides that a law enforcement officer may not refuse to complete a written report as required by the Protective Orders Article of the Code on any ground. Provides that a law enforcement officer shall not discourage or attempt to discourage a victim from filing a police report concerning an incident of abuse. Provides for the vacation of a conviction (rather than only prostitution convictions) if the defendant was a victim of human trafficking. Provides that the determination of the motion shall be by a preponderance of the evidence. Provides that evidence demonstrating the defendant's status as a victim of human trafficking at the time of the offense shall create a rebuttable presumption that the defendant was a victim of human trafficking at the time of the offense. Provides that evidence demonstrating the defendant's status as a victim of trafficking at the time of the offense shall create a rebuttable presumption that the defendant was a victim of human trafficking at the time of the offense. Provides that, regardless of whether the court grants a motion to vacate the sentence, it may permit the defendant to file an expedited petition for expungement or sealing under the Criminal Identification Act to be heard whenever possible before the same judge to whom the motion to vacate his or her conviction was presented upon 30 days' notice to those entitled to notification of expungement or sealing proceedings. Amends the Sexual Assault Incident Procedure Act. Provides that a law enforcement officer shall not discourage or attempt to discourage a victim from filing a police report concerning sexual assault or sexual abuse. Amends the Illinois Domestic Violence Act of 1986 to make conforming changes. LRB104 05519 RLC 15548 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1302 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: 720 ILCS 5/16-25.2725 ILCS 5/112A-29 from Ch. 38, par. 112A-29725 ILCS 5/116-2.1725 ILCS 203/20750 ILCS 60/303 from Ch. 40, par. 2313-3 720 ILCS 5/16-25.2 725 ILCS 5/112A-29 from Ch. 38, par. 112A-29 725 ILCS 5/116-2.1 725 ILCS 203/20 750 ILCS 60/303 from Ch. 40, par. 2313-3 Amends the Criminal Code of 2012. Deletes a provision that timely notice to a retail mercantile establishment that is a victim of retail theft, organized retail crime, financial institution fraud, or looting shall include 7 days' notice of any court proceedings. Amends the Code of Criminal Procedure of 1963. Provides that a law enforcement officer may not refuse to complete a written report as required by the Protective Orders Article of the Code on any ground. Provides that a law enforcement officer shall not discourage or attempt to discourage a victim from filing a police report concerning an incident of abuse. Provides for the vacation of a conviction (rather than only prostitution convictions) if the defendant was a victim of human trafficking. Provides that the determination of the motion shall be by a preponderance of the evidence. Provides that evidence demonstrating the defendant's status as a victim of human trafficking at the time of the offense shall create a rebuttable presumption that the defendant was a victim of human trafficking at the time of the offense. Provides that evidence demonstrating the defendant's status as a victim of trafficking at the time of the offense shall create a rebuttable presumption that the defendant was a victim of human trafficking at the time of the offense. Provides that, regardless of whether the court grants a motion to vacate the sentence, it may permit the defendant to file an expedited petition for expungement or sealing under the Criminal Identification Act to be heard whenever possible before the same judge to whom the motion to vacate his or her conviction was presented upon 30 days' notice to those entitled to notification of expungement or sealing proceedings. Amends the Sexual Assault Incident Procedure Act. Provides that a law enforcement officer shall not discourage or attempt to discourage a victim from filing a police report concerning sexual assault or sexual abuse. Amends the Illinois Domestic Violence Act of 1986 to make conforming changes. LRB104 05519 RLC 15548 b LRB104 05519 RLC 15548 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1302 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
3+720 ILCS 5/16-25.2725 ILCS 5/112A-29 from Ch. 38, par. 112A-29725 ILCS 5/116-2.1725 ILCS 203/20750 ILCS 60/303 from Ch. 40, par. 2313-3 720 ILCS 5/16-25.2 725 ILCS 5/112A-29 from Ch. 38, par. 112A-29 725 ILCS 5/116-2.1 725 ILCS 203/20 750 ILCS 60/303 from Ch. 40, par. 2313-3
4+720 ILCS 5/16-25.2
5+725 ILCS 5/112A-29 from Ch. 38, par. 112A-29
6+725 ILCS 5/116-2.1
7+725 ILCS 203/20
8+750 ILCS 60/303 from Ch. 40, par. 2313-3
9+Amends the Criminal Code of 2012. Deletes a provision that timely notice to a retail mercantile establishment that is a victim of retail theft, organized retail crime, financial institution fraud, or looting shall include 7 days' notice of any court proceedings. Amends the Code of Criminal Procedure of 1963. Provides that a law enforcement officer may not refuse to complete a written report as required by the Protective Orders Article of the Code on any ground. Provides that a law enforcement officer shall not discourage or attempt to discourage a victim from filing a police report concerning an incident of abuse. Provides for the vacation of a conviction (rather than only prostitution convictions) if the defendant was a victim of human trafficking. Provides that the determination of the motion shall be by a preponderance of the evidence. Provides that evidence demonstrating the defendant's status as a victim of human trafficking at the time of the offense shall create a rebuttable presumption that the defendant was a victim of human trafficking at the time of the offense. Provides that evidence demonstrating the defendant's status as a victim of trafficking at the time of the offense shall create a rebuttable presumption that the defendant was a victim of human trafficking at the time of the offense. Provides that, regardless of whether the court grants a motion to vacate the sentence, it may permit the defendant to file an expedited petition for expungement or sealing under the Criminal Identification Act to be heard whenever possible before the same judge to whom the motion to vacate his or her conviction was presented upon 30 days' notice to those entitled to notification of expungement or sealing proceedings. Amends the Sexual Assault Incident Procedure Act. Provides that a law enforcement officer shall not discourage or attempt to discourage a victim from filing a police report concerning sexual assault or sexual abuse. Amends the Illinois Domestic Violence Act of 1986 to make conforming changes.
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315 1 AN ACT concerning victim rights.
416 2 Be it enacted by the People of the State of Illinois,
517 3 represented in the General Assembly:
618 4 Section 5. The Criminal Code of 2012 is amended by
719 5 changing Section 16-25.2 as follows:
820 6 (720 ILCS 5/16-25.2)
921 7 Sec. 16-25.2. Retail loss prevention report and notice
1022 8 requirements.
1123 9 (a) A retail mercantile establishment that is a victim of
1224 10 a violation of Section 16-25, 16-25.1, 17-10.6, or 25-4 shall
1325 11 have the right:
1426 12 (1) to timely notification of all court proceedings as
1527 13 defined under subsection (e) of Section 3 of the Rights of
1628 14 Crime Victims and Witnesses Act. Timely notice shall
1729 15 include 7 days' notice of any court proceedings. Timely
1830 16 notice shall be sent to the location of the retail
1931 17 mercantile establishment where the violation occurred and
2032 18 to the point of contact as provided by the retail
2133 19 mercantile establishment. The point of contact may be any
2234 20 employee of the retail mercantile establishment or
2335 21 representative as provided by the retail mercantile
2436 22 establishment;
2537 23 (2) to communicate with the prosecution;
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41+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1302 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
42+720 ILCS 5/16-25.2725 ILCS 5/112A-29 from Ch. 38, par. 112A-29725 ILCS 5/116-2.1725 ILCS 203/20750 ILCS 60/303 from Ch. 40, par. 2313-3 720 ILCS 5/16-25.2 725 ILCS 5/112A-29 from Ch. 38, par. 112A-29 725 ILCS 5/116-2.1 725 ILCS 203/20 750 ILCS 60/303 from Ch. 40, par. 2313-3
43+720 ILCS 5/16-25.2
44+725 ILCS 5/112A-29 from Ch. 38, par. 112A-29
45+725 ILCS 5/116-2.1
46+725 ILCS 203/20
47+750 ILCS 60/303 from Ch. 40, par. 2313-3
48+Amends the Criminal Code of 2012. Deletes a provision that timely notice to a retail mercantile establishment that is a victim of retail theft, organized retail crime, financial institution fraud, or looting shall include 7 days' notice of any court proceedings. Amends the Code of Criminal Procedure of 1963. Provides that a law enforcement officer may not refuse to complete a written report as required by the Protective Orders Article of the Code on any ground. Provides that a law enforcement officer shall not discourage or attempt to discourage a victim from filing a police report concerning an incident of abuse. Provides for the vacation of a conviction (rather than only prostitution convictions) if the defendant was a victim of human trafficking. Provides that the determination of the motion shall be by a preponderance of the evidence. Provides that evidence demonstrating the defendant's status as a victim of human trafficking at the time of the offense shall create a rebuttable presumption that the defendant was a victim of human trafficking at the time of the offense. Provides that evidence demonstrating the defendant's status as a victim of trafficking at the time of the offense shall create a rebuttable presumption that the defendant was a victim of human trafficking at the time of the offense. Provides that, regardless of whether the court grants a motion to vacate the sentence, it may permit the defendant to file an expedited petition for expungement or sealing under the Criminal Identification Act to be heard whenever possible before the same judge to whom the motion to vacate his or her conviction was presented upon 30 days' notice to those entitled to notification of expungement or sealing proceedings. Amends the Sexual Assault Incident Procedure Act. Provides that a law enforcement officer shall not discourage or attempt to discourage a victim from filing a police report concerning sexual assault or sexual abuse. Amends the Illinois Domestic Violence Act of 1986 to make conforming changes.
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58+725 ILCS 5/112A-29 from Ch. 38, par. 112A-29
59+725 ILCS 5/116-2.1
60+725 ILCS 203/20
61+750 ILCS 60/303 from Ch. 40, par. 2313-3
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3480 1 (3) to be reasonably heard at any post-arraignment
3581 2 court proceeding in which a right of the victim is at issue
3682 3 and any court proceeding involving a post-arraignment
3783 4 release decision, plea, or sentencing;
3884 5 (4) to be notified of the conviction, the sentence,
3985 6 the imprisonment, and the release of the accused; and
4086 7 (5) to have present at all court proceedings subject
4187 8 to the rules of evidence an advocate of the retail
4288 9 mercantile establishment's choice.
4389 10 (b) Unless a retail mercantile establishment refuses to
4490 11 file a report regarding the incident, the law enforcement
4591 12 agency having jurisdiction shall file a report concerning the
4692 13 incident with the State's Attorney. No law enforcement agent
4793 14 shall discourage or attempt to discourage a retail mercantile
4894 15 establishment from filing a police report concerning the
4995 16 incident. Upon the request of the retail mercantile
5096 17 establishment, the law enforcement agency having jurisdiction
5197 18 shall provide a free copy of the police report concerning the
5298 19 incident, as soon as practicable, but in no event later than 5
5399 20 business days after the request. The Illinois Law Enforcement
54100 21 Training Standards Board shall not consider any allegation of
55101 22 a violation of this subsection that is contained in a
56102 23 complaint made under Section 1-35 of the Police and Community
57103 24 Relations Improvement Act.
58104 25 (Source: P.A. 102-757, eff. 5-13-22.)
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69115 1 Section 10. The Code of Criminal Procedure of 1963 is
70116 2 amended by changing Sections 112A-29 and 116-2.1 as follows:
71117 3 (725 ILCS 5/112A-29) (from Ch. 38, par. 112A-29)
72118 4 Sec. 112A-29. Reports by law enforcement officers.
73119 5 (a) Every law enforcement officer investigating an alleged
74120 6 incident of abuse between family or household members shall
75121 7 make a written police report of any bona fide allegation and
76122 8 the disposition of such investigation. The police report shall
77123 9 include the victim's statements as to the frequency and
78124 10 severity of prior incidents of abuse by the same family or
79125 11 household member and the number of prior calls for police
80126 12 assistance to prevent such further abuse.
81127 13 (b) Every police report completed pursuant to this Section
82128 14 shall be recorded and compiled as a domestic crime within the
83129 15 meaning of Section 5.1 of the Criminal Identification Act.
84-16 (c) A law enforcement officer shall not discourage or
85-17 attempt to discourage a victim from filing a police report
86-18 concerning an incident of abuse.
87-19 (Source: P.A. 87-1186.)
88-20 (725 ILCS 5/116-2.1)
89-21 Sec. 116-2.1. Motion to vacate prostitution convictions
90-22 for offenses committed as a result of the defendants having
91-23 been human sex trafficking victims.
92-24 (a) A motion under this Section may be filed at any time
130+16 (c) A law enforcement officer may not refuse to complete a
131+17 written report as required by this Section on any ground. A law
132+18 enforcement officer shall not discourage or attempt to
133+19 discourage a victim from filing a police report concerning an
134+20 incident of abuse.
135+21 (Source: P.A. 87-1186.)
136+22 (725 ILCS 5/116-2.1)
137+23 Sec. 116-2.1. Motion to vacate prostitution convictions
138+24 for offenses committed as a result of the defendants having
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103-1 following the entry of a verdict or finding of guilty for one
104-2 or more offenses reported to have been committed as a result of
105-3 where the conviction was under Section 11-14 (prostitution) or
106-4 Section 11-14.2 (first offender; felony prostitution) of the
107-5 Criminal Code of 1961 or the Criminal Code of 2012 or a similar
108-6 local ordinance and the defendant defendant's participation in
109-7 the offense was a result of having been a trafficking victim
110-8 under Section 10-9 (involuntary servitude, involuntary sexual
111-9 servitude of a minor, or trafficking in persons) of the
112-10 Criminal Code of 1961 or the Criminal Code of 2012; or a victim
113-11 of a severe form of trafficking under the federal Trafficking
114-12 Victims Protection Act (22 U.S.C. Section 7102(13)); provided
115-13 that:
116-14 (1) a motion under this Section shall state why the
117-15 facts giving rise to this motion were not presented to the
118-16 trial court, and shall be made with due diligence, after
119-17 the defendant has ceased to be a victim of such
120-18 trafficking or has sought services for victims of such
121-19 trafficking, subject to reasonable concerns for the safety
122-20 of the defendant, family members of the defendant, or
123-21 other victims of such trafficking that may be jeopardized
124-22 by the bringing of such motion, or for other reasons
125-23 consistent with the purpose of this Section; and
126-24 (2) reasonable notice of the motion shall be served
127-25 upon the State.
128-26 (b) The court may grant the motion if, in the discretion of
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149+1 been human sex trafficking victims.
150+2 (a) A motion under this Section may be filed at any time
151+3 following the entry of a verdict or finding of guilty for one
152+4 or more offenses reported to have been committed as a result of
153+5 where the conviction was under Section 11-14 (prostitution) or
154+6 Section 11-14.2 (first offender; felony prostitution) of the
155+7 Criminal Code of 1961 or the Criminal Code of 2012 or a similar
156+8 local ordinance and the defendant defendant's participation in
157+9 the offense was a result of having been a trafficking victim
158+10 under Section 10-9 (involuntary servitude, involuntary sexual
159+11 servitude of a minor, or trafficking in persons) of the
160+12 Criminal Code of 1961 or the Criminal Code of 2012; or a victim
161+13 of a severe form of trafficking under the federal Trafficking
162+14 Victims Protection Act (22 U.S.C. Section 7102(13)); provided
163+15 that:
164+16 (1) a motion under this Section shall state why the
165+17 facts giving rise to this motion were not presented to the
166+18 trial court, and shall be made with due diligence, after
167+19 the defendant has ceased to be a victim of such
168+20 trafficking or has sought services for victims of such
169+21 trafficking, subject to reasonable concerns for the safety
170+22 of the defendant, family members of the defendant, or
171+23 other victims of such trafficking that may be jeopardized
172+24 by the bringing of such motion, or for other reasons
173+25 consistent with the purpose of this Section; and
174+26 (2) reasonable notice of the motion shall be served
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139-1 the court, the violation was a result of the defendant having
140-2 been a victim of human trafficking. Determination of the
141-3 motion under this Section shall be by a preponderance of the
142-4 evidence. Evidence of such may include, but is not limited to:
143-5 (1) certified records of federal or State court
144-6 proceedings which demonstrate that the defendant was a
145-7 victim of a trafficker charged with a trafficking offense
146-8 under Section 10-9 of the Criminal Code of 1961 or the
147-9 Criminal Code of 2012, or under 22 U.S.C. Chapter 78;
148-10 (2) certified records of "approval notices" or "law
149-11 enforcement certifications" generated from federal
150-12 immigration proceedings available to such victims; or
151-13 (3) a sworn statement from a trained professional
152-14 staff of a victim services organization, an attorney, a
153-15 member of the clergy, or a medical or other professional
154-16 from whom the defendant has sought assistance in
155-17 addressing the trauma associated with being trafficked.
156-18 Alternatively, the court may consider such other evidence
157-19 as it deems of sufficient credibility and probative value in
158-20 determining whether the defendant is a trafficking victim or
159-21 victim of a severe form of trafficking.
160-22 (c) If the court grants a motion under this Section, it
161-23 must vacate the conviction and may take such additional action
162-24 as is appropriate in the circumstances.
163-25 (d) Regardless of whether the court grants a motion under
164-26 this Section, it may permit the defendant to file an expedited
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185+1 upon the State.
186+2 (b) The court may grant the motion if, in the discretion of
187+3 the court, the violation was a result of the defendant having
188+4 been a victim of human trafficking. Determination of the
189+5 motion under this Section shall be by a preponderance of the
190+6 evidence. Evidence demonstrating the defendant's status as a
191+7 victim of human trafficking at the time of the offense shall
192+8 create a rebuttable presumption that the defendant was a
193+9 victim of human trafficking at the time of the offense.
194+10 Evidence of such may include, but is not limited to:
195+11 (1) certified records of federal or State court
196+12 proceedings which demonstrate that the defendant was a
197+13 victim of a trafficker charged with a trafficking offense
198+14 under Section 10-9 of the Criminal Code of 1961 or the
199+15 Criminal Code of 2012, or under 22 U.S.C. Chapter 78;
200+16 (2) certified records of "approval notices" or "law
201+17 enforcement certifications" generated from federal
202+18 immigration proceedings available to such victims; or
203+19 (3) a sworn statement from a trained professional
204+20 staff of a victim services organization, an attorney, a
205+21 member of the clergy, or a medical or other professional
206+22 from whom the defendant has sought assistance in
207+23 addressing the trauma associated with being trafficked.
208+24 Alternatively, the court may consider such other evidence
209+25 as it deems of sufficient credibility and probative value in
210+26 determining whether the defendant is a trafficking victim or
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175-1 petition for expungement or sealing pursuant to subsection (h)
176-2 of Section 5.2 of the Criminal Identification Act to be heard
177-3 whenever possible before the same judge to whom the motion to
178-4 vacate his or her conviction was presented upon 30 days'
179-5 notice to those entitled to notification of expungement or
180-6 sealing proceedings pursuant to paragraph (4) of subsection
181-7 (d) of Section 5.2 of the Criminal Identification Act. With
182-8 the exception of this expedited notice period and timeline for
183-9 hearing, any petition to seal or expunge records shall be
184-10 governed entirely by the provisions of the Criminal
185-11 Identification Act.
186-12 (e) If the court grants a motion for an expedited petition
187-13 under this Section, the petition shall be filed with the clerk
188-14 of the court. All other service of orders shall be directed as
189-15 outlined in subsection (d) of Section 5.2 of the Criminal
190-16 Identification Act.
191-17 (Source: P.A. 97-267, eff. 1-1-12; 97-897, eff. 1-1-13;
192-18 97-1150, eff. 1-25-13.)
193-19 Section 15. The Sexual Assault Incident Procedure Act is
194-20 amended by changing Section 20 as follows:
195-21 (725 ILCS 203/20)
196-22 Sec. 20. Reports by law enforcement officers.
197-23 (a) A law enforcement officer shall complete a written
198-24 police report upon receiving the following, regardless of
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221+1 victim of a severe form of trafficking.
222+2 (c) If the court grants a motion under this Section, it
223+3 must vacate the conviction and may take such additional action
224+4 as is appropriate in the circumstances.
225+5 (d) Regardless of whether the court grants a motion under
226+6 this Section, it may permit the defendant to file an expedited
227+7 petition for expungement or sealing pursuant to the Criminal
228+8 Identification Act to be heard whenever possible before the
229+9 same judge to whom the motion to vacate his or her conviction
230+10 was presented upon 30 days' notice to those entitled to
231+11 notification of expungement or sealing proceedings pursuant to
232+12 paragraph (4) of subsection (d) of Section 5.2 of the Criminal
233+13 Identification Act.
234+14 (e) If the court grants a motion under this Section, the
235+15 clerk of the court shall certify copies of the order to the
236+16 defendant, the appropriate State's Attorney, and the arresting
237+17 agency. The arresting agency is responsible for forwarding the
238+18 order to any other agency listed in the court order and to
239+19 which the arresting agency disseminated the criminal history
240+20 record information to which the order pertains.
241+21 (Source: P.A. 97-267, eff. 1-1-12; 97-897, eff. 1-1-13;
242+22 97-1150, eff. 1-25-13.)
243+23 Section 15. The Sexual Assault Incident Procedure Act is
244+24 amended by changing Section 20 as follows:
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209-1 where the incident occurred:
210-2 (1) an allegation by a person that the person has been
211-3 sexually assaulted or sexually abused regardless of
212-4 jurisdiction;
213-5 (2) information from hospital or medical personnel
214-6 provided under Section 3.2 of the Criminal Identification
215-7 Act; or
216-8 (3) information from a witness who personally observed
217-9 what appeared to be a sexual assault or sexual abuse or
218-10 attempted sexual assault or sexual abuse.
219-11 (b) The written report shall include the following, if
220-12 known:
221-13 (1) the victim's name or other identifier;
222-14 (2) the victim's contact information;
223-15 (3) time, date, and location of offense;
224-16 (4) information provided by the victim;
225-17 (5) the suspect's description and name, if known;
226-18 (6) names of persons with information relevant to the
227-19 time before, during, or after the sexual assault or sexual
228-20 abuse, and their contact information;
229-21 (7) names of medical professionals who provided a
230-22 medical forensic examination of the victim and any
231-23 information they provided about the sexual assault or
232-24 sexual abuse;
233-25 (8) whether an Illinois State Police Sexual Assault
234-26 Evidence Collection Kit was completed, the name and
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255+1 (725 ILCS 203/20)
256+2 Sec. 20. Reports by law enforcement officers.
257+3 (a) A law enforcement officer shall complete a written
258+4 police report upon receiving the following, regardless of
259+5 where the incident occurred:
260+6 (1) an allegation by a person that the person has been
261+7 sexually assaulted or sexually abused regardless of
262+8 jurisdiction;
263+9 (2) information from hospital or medical personnel
264+10 provided under Section 3.2 of the Criminal Identification
265+11 Act; or
266+12 (3) information from a witness who personally observed
267+13 what appeared to be a sexual assault or sexual abuse or
268+14 attempted sexual assault or sexual abuse.
269+15 (b) The written report shall include the following, if
270+16 known:
271+17 (1) the victim's name or other identifier;
272+18 (2) the victim's contact information;
273+19 (3) time, date, and location of offense;
274+20 (4) information provided by the victim;
275+21 (5) the suspect's description and name, if known;
276+22 (6) names of persons with information relevant to the
277+23 time before, during, or after the sexual assault or sexual
278+24 abuse, and their contact information;
279+25 (7) names of medical professionals who provided a
280+26 medical forensic examination of the victim and any
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245-1 contact information for the hospital, and whether the
246-2 victim consented to testing of the Evidence Collection Kit
247-3 by law enforcement;
248-4 (9) whether a urine or blood sample was collected and
249-5 whether the victim consented to testing of a toxicology
250-6 screen by law enforcement;
251-7 (10) information the victim related to medical
252-8 professionals during a medical forensic examination which
253-9 the victim consented to disclosure to law enforcement; and
254-10 (11) other relevant information.
255-11 (c) If the sexual assault or sexual abuse occurred in
256-12 another jurisdiction, the law enforcement officer taking the
257-13 report must submit the report to the law enforcement agency
258-14 having jurisdiction in person or via fax or email within 24
259-15 hours of receiving information about the sexual assault or
260-16 sexual abuse.
261-17 (d) Within 24 hours of receiving a report from a law
262-18 enforcement agency in another jurisdiction in accordance with
263-19 subsection (c), the law enforcement agency having jurisdiction
264-20 shall submit a written confirmation to the law enforcement
265-21 agency that wrote the report. The written confirmation shall
266-22 contain the name and identifier of the person and confirming
267-23 receipt of the report and a name and contact phone number that
268-24 will be given to the victim. The written confirmation shall be
269-25 delivered in person or via fax or email.
270-26 (e) No law enforcement officer shall require a victim of
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291+1 information they provided about the sexual assault or
292+2 sexual abuse;
293+3 (8) whether an Illinois State Police Sexual Assault
294+4 Evidence Collection Kit was completed, the name and
295+5 contact information for the hospital, and whether the
296+6 victim consented to testing of the Evidence Collection Kit
297+7 by law enforcement;
298+8 (9) whether a urine or blood sample was collected and
299+9 whether the victim consented to testing of a toxicology
300+10 screen by law enforcement;
301+11 (10) information the victim related to medical
302+12 professionals during a medical forensic examination which
303+13 the victim consented to disclosure to law enforcement; and
304+14 (11) other relevant information.
305+15 (c) If the sexual assault or sexual abuse occurred in
306+16 another jurisdiction, the law enforcement officer taking the
307+17 report must submit the report to the law enforcement agency
308+18 having jurisdiction in person or via fax or email within 24
309+19 hours of receiving information about the sexual assault or
310+20 sexual abuse.
311+21 (d) Within 24 hours of receiving a report from a law
312+22 enforcement agency in another jurisdiction in accordance with
313+23 subsection (c), the law enforcement agency having jurisdiction
314+24 shall submit a written confirmation to the law enforcement
315+25 agency that wrote the report. The written confirmation shall
316+26 contain the name and identifier of the person and confirming
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281-1 sexual assault or sexual abuse to submit to an interview.
282-2 (f) No law enforcement agency may refuse to complete a
283-3 written report as required by this Section on any ground. A law
284-4 enforcement officer shall not discourage or attempt to
285-5 discourage a victim from filing a police report concerning
286-6 sexual assault or sexual abuse.
287-7 (g) All law enforcement agencies shall ensure that all
288-8 officers responding to or investigating a complaint of sexual
289-9 assault or sexual abuse have successfully completed training
290-10 under Section 10.21 of the Illinois Police Training Act and
291-11 Section 2605-51 of the Illinois State Police Law of the Civil
292-12 Administrative Code of Illinois.
293-13 (Source: P.A. 102-538, eff. 8-20-21.)
294-14 Section 20. The Illinois Domestic Violence Act of 1986 is
295-15 amended by changing Section 303 as follows:
296-16 (750 ILCS 60/303) (from Ch. 40, par. 2313-3)
297-17 Sec. 303. Reports by law enforcement officers.
298-18 (a) Every law enforcement officer investigating an alleged
299-19 incident of abuse, neglect, or exploitation between family or
300-20 household members shall make a written police report of any
301-21 bona fide allegation and the disposition of such
302-22 investigation. The police report shall include the victim's
303-23 statements as to the frequency and severity of prior incidents
304-24 of abuse, neglect, or exploitation by the same family or
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327+1 receipt of the report and a name and contact phone number that
328+2 will be given to the victim. The written confirmation shall be
329+3 delivered in person or via fax or email.
330+4 (e) No law enforcement officer shall require a victim of
331+5 sexual assault or sexual abuse to submit to an interview.
332+6 (f) No law enforcement agency may refuse to complete a
333+7 written report as required by this Section on any ground. A law
334+8 enforcement officer shall not discourage or attempt to
335+9 discourage a victim from filing a police report concerning
336+10 sexual assault or sexual abuse.
337+11 (g) All law enforcement agencies shall ensure that all
338+12 officers responding to or investigating a complaint of sexual
339+13 assault or sexual abuse have successfully completed training
340+14 under Section 10.21 of the Illinois Police Training Act and
341+15 Section 2605-51 of the Illinois State Police Law of the Civil
342+16 Administrative Code of Illinois.
343+17 (Source: P.A. 102-538, eff. 8-20-21.)
344+18 Section 20. The Illinois Domestic Violence Act of 1986 is
345+19 amended by changing Section 303 as follows:
346+20 (750 ILCS 60/303) (from Ch. 40, par. 2313-3)
347+21 Sec. 303. Reports by law enforcement officers.
348+22 (a) Every law enforcement officer investigating an alleged
349+23 incident of abuse, neglect, or exploitation between family or
350+24 household members shall make a written police report of any
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315-1 household member and the number of prior calls for police
316-2 assistance to prevent such further abuse, neglect, or
317-3 exploitation.
318-4 (b) Every police report completed pursuant to this Section
319-5 shall be recorded and compiled as a domestic crime within the
320-6 meaning of Section 5.1 of the Criminal Identification Act.
321-7 (c) No law enforcement officer may refuse to complete a
322-8 written report for a bona fide allegation as required by this
323-9 Section on any ground. No law enforcement officer shall
324-10 discourage or attempt to discourage a victim from filing a
325-11 police report concerning an incident of abuse, neglect, or
326-12 exploitation.
327-13 (Source: P.A. 86-542; 87-1186.)
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