Bill Amendment: IL HB0270 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: INVESTIGATIONS OF POLICE
Status: 2017-09-22 - Public Act . . . . . . . . . 100-0515 [HB0270 Detail]
Download: Illinois-2017-HB0270-Senate_Amendment_001.html
Bill Title: INVESTIGATIONS OF POLICE
Status: 2017-09-22 - Public Act . . . . . . . . . 100-0515 [HB0270 Detail]
Download: Illinois-2017-HB0270-Senate_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 270
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2 | AMENDMENT NO. ______. Amend House Bill 270 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the Law | ||||||
5 | Enforcement Criminal Sexual Assault Investigation Act.
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6 | Section 5. Definitions. As used in this Act:
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7 | "Law enforcement agency" means an agency of this State or | ||||||
8 | unit of local government which is vested by law or ordinance | ||||||
9 | with the duty to maintain public order and to enforce criminal | ||||||
10 | laws or ordinances.
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11 | "Law enforcement officer" or "officer" means any person | ||||||
12 | employed by a State, county, or municipality as a policeman, | ||||||
13 | peace officer, or in a like position involving the enforcement | ||||||
14 | of the law and protection of public interest at the risk of the | ||||||
15 | person's life. | ||||||
16 | "Officer-involved criminal sexual assault" means an |
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1 | alleged violation of Section 11-1.20, 11-1.30, 11-1.40, | ||||||
2 | 11-1.50, or 11-1.60 of the Criminal Code of 2012 while an | ||||||
3 | officer is on duty.
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4 | Section 10. Investigation of officer-involved criminal | ||||||
5 | assault; requirements. | ||||||
6 | (a) Each law enforcement agency shall have a written policy | ||||||
7 | regarding the investigation of officer-involved criminal | ||||||
8 | sexual assault that involves a law enforcement officer employed | ||||||
9 | by that law enforcement agency. | ||||||
10 | (b) Each officer-involved criminal sexual assault | ||||||
11 | investigation shall be conducted by at least 2 investigators or | ||||||
12 | an entity comprised of at least 2 investigators, one of whom | ||||||
13 | shall be the lead investigator. The investigators shall have | ||||||
14 | completed a specialized sexual assault and sexual abuse | ||||||
15 | investigation training program approved by the Illinois Law | ||||||
16 | Enforcement Training Standards Board or similar training | ||||||
17 | approved by the Department of State Police. No investigator | ||||||
18 | involved in the investigation may be employed by the law | ||||||
19 | enforcement agency that employs the officer
involved in the | ||||||
20 | officer-involved criminal sexual assault, unless the | ||||||
21 | investigator is employed by the Department of State Police or a | ||||||
22 | municipality with a population over 1,000,000 and is not | ||||||
23 | assigned to the same division or unit as the officer involved | ||||||
24 | in the criminal sexual assault. | ||||||
25 | (c) Upon receipt of an allegation or complaint of an |
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1 | officer-involved criminal sexual assault, a municipality with | ||||||
2 | a population over 1,000,000 shall promptly notify an | ||||||
3 | independent agency, created by ordinance of the municipality, | ||||||
4 | tasked with investigating incidents of police misconduct.
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5 | Section 15. Intra-agency investigations. This Act does
not | ||||||
6 | prohibit a law enforcement agency from conducting an
internal | ||||||
7 | investigation into the officer-involved criminal sexual | ||||||
8 | assault if the
internal investigation does not interfere with | ||||||
9 | the
investigation conducted under the requirements of Section | ||||||
10 | 10
of this Act.
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11 | Section 20. Compensation for investigations. Compensation | ||||||
12 | for participation in an investigation of an
officer-involved | ||||||
13 | criminal sexual assault under Section 10 of this Act may be
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14 | determined in an intergovernmental or interagency agreement.
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15 | Section 99. Effective date. This Act takes effect January | ||||||
16 | 1, 2018.".
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