100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3334
 
Introduced , by Rep. Jaime M. Andrade, Jr.
 
SYNOPSIS AS INTRODUCED:



725 ILCS 202/21 new

 Amends the Sexual Assault Evidence Submission Act. Provides that the Department of State Police shall create and operate a statewide sexual assault evidence kit tracking system. Provides that the statewide sexual assault evidence kit tracking system shall: (1) track the location and status of sexual assault evidence kits throughout the criminal justice process, including the initial collection in examinations performed at medical facilities, receipt at local law enforcement agencies, and receipt and analysis at forensic laboratories; (2) allow medical facilities performing sexual assault forensic examinations, law enforcement agencies, prosecutors, State and local crime laboratories, and other entities who have physical custody of sexual assault evidence kits to update and track the status and location of sexual assault evidence kits; (3) allow victims of sexual assault to anonymously track and receive updates regarding the status of their sexual assault evidence kit; and (4) use technology to allow continuous access for appropriate personnel. Provides that the Department may phase in initial participation in the statewide sexual assault evidence kit tracking system by region, volume, or other appropriate classification. Provides that all entities who have custody of sexual assault evidence kits shall fully participate in the system by no later than July 1, 2019. Makes other changes.



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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


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1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Sexual Assault Evidence Submission Act is 
5amended by adding Section 21 as follows:

6 (725 ILCS 202/21 new)
7 Sec. 21. Sexual assault evidence kit tracking system.
8 For the purposes of this Section:
9 "Sexual assault evidence kit" means an Illinois State 
10Police Sexual Assault Evidence Collection Kit as defined in 
11Section 1a of the Sexual Assault Survivors Emergency Treatment 
12Act.
13 (a) The Department of State Police shall create and operate 
14a statewide sexual assault evidence kit tracking system. The 
15Department may contract with State and non-State entities, 
16including, but not limited to, private software or technology 
17providers for the creation, operation, and maintenance of the 
18statewide sexual assault evidence kit tracking system.
19 (b) The statewide sexual assault evidence kit tracking 
20system shall:
21  (1) track the location and status of sexual assault 
22 evidence kits throughout the criminal justice process, 
23 including the initial collection in examinations performed 
 
 
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1 at medical facilities, receipt at local law enforcement 
2 agencies, and receipt and analysis at forensic 
3 laboratories;
4  (2) allow medical facilities performing sexual assault 
5 forensic examinations, law enforcement agencies, 
6 prosecutors, State and local crime laboratories, and other 
7 entities who have physical custody of sexual assault 
8 evidence kits to update and track the status and location 
9 of sexual assault evidence kits;
10  (3) allow victims of sexual assault to anonymously 
11 track and receive updates regarding the status of their 
12 sexual assault evidence kit; and
13  (4) use technology to allow continuous access for 
14 appropriate personnel.
15 (c) The Department of State Police may phase in initial 
16participation in the statewide sexual assault evidence kit 
17tracking system by region, volume, or other appropriate 
18classification. Sexual assault evidence kits shall be assigned 
19to the jurisdiction associated with the law enforcement agency 
20anticipated to receive the sexual assault evidence kit or 
21otherwise in custody of it. All entities who have custody of 
22sexual assault evidence kits shall fully participate in the 
23statewide sexual assault evidence kit tracking system on or 
24before July 1, 2019. The Department shall submit a report on 
25the current status and plan for launching the system, which 
26shall include the plan for phases of implementation, to the 
 
 
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1Governor and appropriate committees of the General Assembly on 
2or before January 1, 2019.
3 (d) Local law enforcement agencies shall participate in the 
4statewide sexual assault evidence kit tracking system 
5established in subsection (a) of this Section for the purpose 
6of tracking the status of all sexual assault evidence kits in 
7the custody of local law enforcement agencies and other 
8entities contracting with local law enforcement agencies. 
9Local law enforcement agencies shall begin full participation 
10in this system according to the implementation schedule 
11established by the Department.
12 (e) A sheriff and his or her deputies shall participate in 
13the statewide sexual assault evidence kit tracking system 
14established in subsection (a) of this Section for the purpose 
15of tracking the status of all sexual assault evidence kits in 
16the custody of the Department and other entities contracting 
17with the Department. Sheriffs shall begin full participation 
18with the system according to the implementation schedule 
19established by the Department.
20 (f) State and local crime laboratories that perform DNA 
21analysis shall participate in the statewide sexual assault 
22evidence kit tracking system established in subsection (a) of 
23this Section for the purpose of tracking the status of all 
24sexual assault evidence kits in their custody and other 
25entities contracting with crime labs. State and local crime 
26laboratories shall begin full participation in the system 
 
 
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1according to the implementation schedule established by the 
2Department.
3 (g) Hospitals or other treatment centers with staff 
4performing sexual assault forensic examinations shall 
5participate in the statewide sexual assault evidence kit 
6tracking system established in subsection (a) of this Section 
7for the purpose of tracking the status of all sexual assault 
8evidence kits collected by or in the custody of hospitals or 
9treatment centers and other entities contracting with those 
10hospitals or treatment centers. Hospitals and treatment 
11centers shall begin full participation in the system according 
12to the implementation schedule established by the Department.
13 (h) Prosecuting attorneys shall participate in the 
14statewide sexual assault evidence kit tracking system 
15established in subsection (a) of this Section for the purpose 
16of tracking the status of all sexual assault evidence kits 
17connected to a criminal investigations and prosecutions within 
18the county. Prosecuting attorneys shall begin full 
19participation in the system according to the implementation 
20schedule established by the Department.