Bill Amendment: IL HB0270 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: INVESTIGATIONS OF POLICE

Status: 2017-09-22 - Public Act . . . . . . . . . 100-0515 [HB0270 Detail]

Download: Illinois-2017-HB0270-House_Amendment_003.html

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Rep. Litesa E. Wallace

Filed: 3/24/2017

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AMENDMENT TO HOUSE BILL 270
AMENDMENT NO. ______. Amend House Bill 270, AS AMENDED, by
replacing everything after the enacting clause with the
following:
"Section 1. Short title. This Act may be cited as the Law
Enforcement Criminal Sexual Assault Investigation Act.
Section 5. Definitions. As used in this Act:
"Law enforcement agency" means an agency of this State or
unit of local government which is vested by law or ordinance
with the duty to maintain public order and to enforce criminal
laws or ordinances.
"Law enforcement officer" or "officer" means any person
employed by a State, county, or municipality as a policeman,
peace officer, or in a like position involving the enforcement
of the law and protection of public interest at the risk of the
person's life.

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"Officer-involved criminal sexual assault" means an
alleged violation of Section 11-1.20, 11-1.30, 11-1.40,
11-1.50, or 11-1.60 of the Criminal Code of 2012 while an
officer is on duty.
Section 10. Investigation of officer-involved criminal
assault; requirements.
(a) Each law enforcement agency shall have a written policy
regarding the investigation of officer-involved criminal
sexual assault that involves a law enforcement officer employed
by that law enforcement agency.
(b) Each officer-involved criminal sexual assault
investigation shall be conducted by at least 2 investigators or
an entity comprised of at least 2 investigators, one of whom
shall be the lead investigator. The lead investigator shall be
a person certified by the Illinois Law Enforcement Training
Standards Board as a sexual assault investigator, or similar
training approved by the Illinois Law Enforcement Training
Standards Board or the Department of State Police, or similar
training provided at an Illinois Law Enforcement Training
Standards Board certified school. No investigator involved in
the investigation may be employed by the law enforcement agency
that employs the officer involved in the officer-involved
criminal sexual assault, unless the investigator is employed by
the Department of State Police or a municipality with a
population of over 1,000,000 and is not assigned to the same

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division or unit as the officer involved in the criminal sexual
assault.
Section 15. Intra-agency investigations. This Act does not
prohibit a law enforcement agency from conducting an internal
investigation into the officer-involved criminal sexual
assault if the internal investigation does not interfere with
the investigation conducted under the requirements of Section
10 of this Act.
Section 20. Compensation for investigations. Compensation
for participation in an investigation of an officer-involved
criminal sexual assault under Section 10 of this Act may be
determined in an intergovernmental or interagency agreement.".