Bill Text: IL SB2221 | 2015-2016 | 99th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Sexual Assault Evidence Submission Act. When a consistent DNA profile has been identified from submitted sexual assault evidence, the Department of State Police shall notify the investigating law enforcement agency of the match, and the Department shall track and maintain a record of its notification of, and the follow up by, the investigating law enforcement agency. The record maintained by the Department shall also document any written request, from the Department to the investigating law enforcement agency, seeking the submission of an additional DNA standard for a comparison analysis or confirmatory forensic analysis, and whether the investigating law enforcement agency has complied with those requests. If, after 60 days, the investigating law enforcement agency fails to comply with any request for an additional DNA standard, then the Department shall send a second written request to both the investigating law enforcement agency and the county Sheriff of the county where the agency is located. The Department shall maintain a record of the percentage of cases in which an additional DNA standard is submitted by the investigating law enforcement agency for a comparison analysis or confirmatory forensic analysis. Beginning June 1, 2016, each law enforcement agency must conduct an annual inventory of all sexual assault cases in the custody of the law enforcement agency and provide written notice of its annual findings to the Department. The Department shall compile and report the findings of each inventory under the Act. Requires the Department of State Police to file annual and quarterly reports regarding sexual assault evidence submissions. Effective immediately.

Spectrum: Partisan Bill (Democrat 26-0)

Status: (Passed) 2016-07-22 - Public Act . . . . . . . . . 99-0617 [SB2221 Detail]

Download: Illinois-2015-SB2221-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB2221 Introduced 1/13/2016, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
725 ILCS 202/15
725 ILCS 202/20
725 ILCS 202/42 new
Amends the Sexual Assault Evidence Submission Act. When a consistent DNA profile has been identified from submitted sexual assault evidence, the Department of State Police shall notify the investigating law enforcement agency of the match, and the Department shall track and maintain a record of its notification of, and the follow up by, the investigating law enforcement agency. The record maintained by the Department shall also document any written request, from the Department to the investigating law enforcement agency, seeking the submission of an additional DNA standard for a comparison analysis or confirmatory forensic analysis, and whether the investigating law enforcement agency has complied with those requests. If, after 60 days, the investigating law enforcement agency fails to comply with any request for an additional DNA standard, then the Department shall send a second written request to both the investigating law enforcement agency and the county Sheriff of the county where the agency is located. The Department shall maintain a record of the percentage of cases in which an additional DNA standard is submitted by the investigating law enforcement agency for a comparison analysis or confirmatory forensic analysis. Beginning June 1, 2016, each law enforcement agency must conduct an annual inventory of all sexual assault cases in the custody of the law enforcement agency and provide written notice of its annual findings to the Department. The Department shall compile and report the findings of each inventory under the Act. Requires the Department of State Police to file annual and quarterly reports regarding sexual assault evidence submissions. Effective immediately.
LRB099 14772 MRW 38922 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB2221 LRB099 14772 MRW 38922 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Sexual Assault Evidence Submission Act is
amended by changing Sections 15 and 20 and by adding Section 42
as follows:
(725 ILCS 202/15)
Sec. 15. Analysis of evidence; tracking and recordkeeping.
(a) All sexual assault evidence submitted pursuant to
Section 10 of this Act on or after the effective date of this
Act shall be analyzed within 6 months after receipt of all
necessary evidence and standards by the State Police Laboratory
or other designated laboratory if sufficient staffing and
resources are available.
(b) When a consistent DNA profile has been identified from
the submitted sexual assault evidence, the Department shall
notify the investigating law enforcement agency of the match,
and the Department shall track and maintain a record of its
notification of, and the follow up by, the investigating law
enforcement agency. The record maintained by the Department
shall also document any written request, from the Department to
the investigating law enforcement agency, seeking the
submission of an additional DNA standard for a comparison

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analysis or confirmatory forensic analysis, and whether the
investigating law enforcement agency has complied with those
requests. If, after 60 days, the investigating law enforcement
agency fails to comply with any request for an additional DNA
standard, then the Department shall send a second written
request to both the investigating law enforcement agency and
the county Sheriff of the county where the agency is located.
The Department shall maintain a record of the percentage of
cases in which an additional DNA standard is submitted by the
investigating law enforcement agency for a comparison analysis
or confirmatory forensic analysis.
(Source: P.A. 96-1011, eff. 9-1-10.)
(725 ILCS 202/20)
Sec. 20. Inventory of evidence.
(a) By October 15, 2010, each Illinois law enforcement
agency shall provide written notice to the Department of State
Police, in a form and manner prescribed by the Department,
stating the number of sexual assault cases in the custody of
the law enforcement agency that have not been previously
submitted to a laboratory for analysis. Within 180 days after
the effective date of this Act, appropriate arrangements shall
be made between the law enforcement agency and the Department
of State Police, or a laboratory approved and designated by the
Director of State Police, to ensure that all cases that were
collected prior to the effective date of this Act and are, or

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were at the time of collection, the subject of a criminal
investigation, are submitted to the Department of State Police,
or a laboratory approved and designated by the Director of
State Police.
(b) By February 15, 2011, the Department of State Police
shall submit to the Governor, the Attorney General, and both
houses of the General Assembly a plan for analyzing cases
submitted pursuant to this Section. The plan shall include but
not be limited to a timeline for completion of analysis and a
summary of the inventory received, as well as requests for
funding and resources necessary to meet the established
timeline. Should the Department determine it is necessary to
outsource the forensic testing of the cases submitted in
accordance with this Section, all such cases will be exempt
from the provisions of subsection (n) of Section 5-4-3 of the
Unified Code of Corrections.
(c) Beginning June 1, 2016, each law enforcement agency
must conduct an annual inventory of all sexual assault cases in
the custody of the law enforcement agency and provide written
notice of its annual findings to the Department. The Department
shall compile and report the findings of each inventory under
the requirements of Sections 15 and 42 of this Act.
(Source: P.A. 96-1011, eff. 9-1-10.)
(725 ILCS 202/42 new)
Sec. 42. Reporting. In addition to the tracking and

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recordkeeping requirements in Section 15 of this Act, each year
after the effective date of this amendatory Act of the 99th
General Assembly, the Department shall submit:
(1) an annual report to the General Assembly, the
Governor, the Supreme Court, the Attorney General, and the
Executive Inspector General; and
(2) publish a quarterly report on its website,
indicating:
(A) a breakdown of the number of submissions from
every law enforcement agency;
(B) the average length of time between submission
and analysis for every submission from a law
enforcement agency;
(C) the number of pending requests for
authorization to consume evidence or other
authorization requests sent to each law enforcement
agency by the Department; and
(D) the percentage of cases in which an additional
DNA standard is submitted by the investigating law
enforcement agency for a comparison analysis or
confirmatory forensic analysis.
Section 99. Effective date. This Act takes effect upon
becoming law.