Bill Amendment: IL HB1739 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: SEXUAL ASSAULT EVIDENCE TRACK

Status: 2021-06-25 - Public Act . . . . . . . . . 102-0022 [HB1739 Detail]

Download: Illinois-2021-HB1739-House_Amendment_001.html

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Rep. Maura Hirschauer

Filed: 3/22/2021

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AMENDMENT TO HOUSE BILL 1739
AMENDMENT NO. ______. Amend House Bill 1739 by replacing
everything after the enacting clause with the following:
"Section 5. The Sexual Assault Evidence Submission Act is
amended by changing Section 50 as follows:
(725 ILCS 202/50)
Sec. 50. Sexual assault evidence tracking system.
(a) On June 26, 2018, the Sexual Assault Evidence Tracking
and Reporting Commission issued its report as required under
Section 43. It is the intention of the General Assembly in
enacting the provisions of this amendatory Act of the 101st
General Assembly to implement the recommendations of the
Sexual Assault Evidence Tracking and Reporting Commission set
forth in that report in a manner that utilizes the current
resources of law enforcement agencies whenever possible and
that is adaptable to changing technologies and circumstances.

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(a-1) Due to the complex nature of a statewide tracking
system for sexual assault evidence and to ensure all
stakeholders, including, but not limited to, victims and their
designees, health care facilities, law enforcement agencies,
forensic labs, and State's Attorneys offices are integrated,
the Commission recommended the purchase of an electronic
off-the-shelf tracking system. The system must be able to
communicate with all stakeholders and provide real-time
information to a victim or his or her designee on the status of
the evidence that was collected. The sexual assault evidence
tracking system must:
(1) be electronic and web-based;
(2) be administered by the Department of State Police;
(3) have help desk availability at all times;
(4) ensure the law enforcement agency contact
information is accessible to the victim or his or her
designee through the tracking system, so there is contact
information for questions;
(5) have the option for external connectivity to
evidence management systems, laboratory information
management systems, or other electronic data systems
already in existence by any of the stakeholders to
minimize additional burdens or tasks on stakeholders;
(6) allow for the victim to opt in for automatic
notifications when status updates are entered in the
system, if the system allows;

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(7) include at each step in the process, a brief
explanation of the general purpose of that step and a
general indication of how long the step may take to
complete;
(8) contain minimum fields for tracking and reporting,
as follows:
(A) for sexual assault evidence kit vendor fields:
(i) each sexual evidence kit identification
number provided to each health care facility; and
(ii) the date the sexual evidence kit was sent
to the health care facility.
(B) for health care facility fields:
(i) the date sexual assault evidence was
collected; and
(ii) the date notification was made to the law
enforcement agency that the sexual assault
evidence was collected.
(C) for law enforcement agency fields:
(i) the date the law enforcement agency took
possession of the sexual assault evidence from the
health care facility, another law enforcement
agency, or victim if he or she did not go through a
health care facility;
(ii) the law enforcement agency complaint
number;
(iii) if the law enforcement agency that takes

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possession of the sexual assault evidence from a
health care facility is not the law enforcement
agency with jurisdiction in which the offense
occurred, the date when the law enforcement agency
notified the law enforcement agency having
jurisdiction that the agency has sexual assault
evidence required under subsection (c) of Section
20 of the Sexual Assault Incident Procedure Act;
(iv) an indication if the victim consented for
analysis of the sexual assault evidence;
(v) if the victim did not consent for analysis
of the sexual assault evidence, the date on which
the law enforcement agency is no longer required
to store the sexual assault evidence;
(vi) a mechanism for the law enforcement
agency to document why the sexual assault evidence
was not submitted to the laboratory for analysis,
if applicable;
(vii) the date the law enforcement agency
received the sexual assault evidence results back
from the laboratory;
(viii) the date statutory notifications were
made to the victim or documentation of why
notification was not made; and
(ix) the date the law enforcement agency
turned over the case information to the State's

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Attorney office, if applicable.
(D) for forensic lab fields:
(i) the date the sexual assault evidence is
received from the law enforcement agency by the
forensic lab for analysis;
(ii) the laboratory case number, visible to
the law enforcement agency and State's Attorney
office; and
(iii) the date the laboratory completes the
analysis of the sexual assault evidence.
(E) for State's Attorney office fields:
(i) the date the State's Attorney office
received the sexual assault evidence results from
the laboratory, if applicable; and
(ii) the disposition or status of the case.
(a-2) The Commission also developed guidelines for secure
electronic access to a tracking system for a victim, or his or
her designee to access information on the status of the
evidence collected. The Commission recommended minimum
guidelines in order to safeguard confidentiality of the
information contained within this statewide tracking system.
These recommendations are that the sexual assault evidence
tracking system must:
(1) allow for secure access, controlled by an
administering body who can restrict user access and allow
different permissions based on the need of that particular

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user and health care facility users may include
out-of-state border hospitals, if authorized by the
Department of State Police to obtain this State's kits
from vendor;
(2) provide for users, other than victims, the ability
to provide for any individual who is granted access to the
program their own unique user ID and password;
(3) provide for a mechanism for a victim to enter the
system and only access his or her own information;
(4) enable a sexual assault evidence to be tracked and
identified through the unique sexual assault evidence kit
identification number or barcode that the vendor applies
to each sexual assault evidence kit per the Department of
State Police's contract;
(5) have a mechanism to inventory unused kits provided
to a health care facility from the vendor;
(6) provide users the option to either scan the bar
code or manually enter the sexual assault evidence kit
number into the tracking program;
(7) provide a mechanism to create a separate unique
identification number for cases in which a sexual evidence
kit was not collected, but other evidence was collected;
(8) provide the ability to record date, time, and user
ID whenever any user accesses the system;
(9) provide for real-time entry and update of data;
(10) contain report functions including:

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(A) health care facility compliance with
applicable laws;
(B) law enforcement agency compliance with
applicable laws;
(C) law enforcement agency annual inventory of
cases to each State's Attorney office; and
(D) forensic lab compliance with applicable laws;
and
(11) provide automatic notifications to the law
enforcement agency when:
(A) a health care facility has collected sexual
assault evidence;
(B) unreleased sexual assault evidence that is
being stored by the law enforcement agency has met the
minimum storage requirement by law; and
(C) timelines as required by law are not met for a
particular case, if not otherwise documented.
(b) The Department may shall develop rules to implement a
sexual assault evidence tracking system that conforms with
subsections (a-1) and (a-2) of this Section. The Department
shall design the criteria for the sexual assault evidence
tracking system so that, to the extent reasonably possible,
the system can use existing technologies and products,
including, but not limited to, currently available tracking
systems. The sexual assault evidence tracking system shall be
operational and shall begin tracking and reporting sexual

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assault evidence no later than one year after the effective
date of this amendatory Act of the 101st General Assembly. The
Department may adopt additional rules as it deems necessary to
ensure that the sexual assault evidence tracking system
continues to be a useful tool for law enforcement.
(c) A treatment hospital, a treatment hospital with
approved pediatric transfer, an out-of-state hospital approved
by the Department of Public Health to receive transfers of
Illinois sexual assault survivors, or an approved pediatric
health care facility defined in Section 1a of the Sexual
Assault Survivors Emergency Treatment Act shall participate in
the sexual assault evidence tracking system created under this
Section and in accordance with rules adopted under subsection
(b), including, but not limited to, the collection of sexual
assault evidence and providing information regarding that
evidence, including, but not limited to, providing notice to
law enforcement that the evidence has been collected.
(d) The operations of the sexual assault evidence tracking
system shall be funded by moneys appropriated for that purpose
from the State Crime Laboratory Fund and funds provided to the
Department through asset forfeiture, together with such other
funds as the General Assembly may appropriate.
(e) To ensure that the sexual assault evidence tracking
system is operational, the Department may adopt emergency
rules to implement the provisions of this Section under
subsection (ff) of Section 5-45 of the Illinois Administrative

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Procedure Act.
(f) Information, including, but not limited to, evidence
and records in the sexual assault evidence tracking system is
exempt from disclosure under the Freedom of Information Act.
(Source: P.A. 101-377, eff. 8-16-19.)
Section 10. The Sexual Assault Incident Procedure Act is
amended by changing Sections 25 and 35 and by adding Section 11
as follows:
(725 ILCS 203/11 new)
Sec. 11. Victim Notification. Using the contact
information provided, a health care provider or local law
enforcement agency must take reasonable steps to notify
victims about the tracking system after an Illinois Sexual
Assault Evidence Collection Kit has been collected.
(725 ILCS 203/25)
Sec. 25. Report; victim notice.
(a) At the time of first contact with the victim, law
enforcement shall:
(1) Advise the victim about the following by providing
a form, the contents of which shall be prepared by the
Office of the Attorney General and posted on its website,
written in a language appropriate for the victim or in
Braille, or communicating in appropriate sign language

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that includes, but is not limited to:
(A) information about seeking medical attention
and preserving evidence, including specifically,
collection of evidence during a medical forensic
examination at a hospital and photographs of injury
and clothing;
(B) notice that the victim will not be charged for
hospital emergency and medical forensic services;
(C) information advising the victim that evidence
can be collected at the hospital up to 7 days after the
sexual assault or sexual abuse but that the longer the
victim waits the likelihood of obtaining evidence
decreases;
(C-5) notice that the sexual assault forensic
evidence collected will not be used to prosecute the
victim for any offense related to the use of alcohol,
cannabis, or a controlled substance;
(D) the location of nearby hospitals that provide
emergency medical and forensic services and, if known,
whether the hospitals employ any sexual assault nurse
examiners;
(E) a summary of the procedures and relief
available to victims of sexual assault or sexual abuse
under the Civil No Contact Order Act or the Illinois
Domestic Violence Act of 1986;
(F) the law enforcement officer's name and badge

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number;
(G) at least one referral to an accessible service
agency and information advising the victim that rape
crisis centers can assist with obtaining civil no
contact orders and orders of protection; and
(H) if the sexual assault or sexual abuse occurred
in another jurisdiction, provide in writing the
address and phone number of a specific contact at the
law enforcement agency having jurisdiction.
(2) Offer to provide or arrange accessible
transportation for the victim to a hospital for emergency
and forensic services, including contacting emergency
medical services.
(2.5) Notify victims about the Illinois State Police
sexual assault evidence tracking system and the Illinois
Sexual Assault Evidence Collection kit.
(3) Offer to provide or arrange accessible
transportation for the victim to the nearest available
circuit judge or associate judge so the victim may file a
petition for an emergency civil no contact order under the
Civil No Contact Order Act or an order of protection under
the Illinois Domestic Violence Act of 1986 after the close
of court business hours, if a judge is available.
(b) At the time of the initial contact with a person making
a third-party report under Section 22 of this Act, a law
enforcement officer shall provide the written information

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prescribed under paragraph (1) of subsection (a) of this
Section to the person making the report and request the person
provide the written information to the victim of the sexual
assault or sexual abuse.
(c) If the first contact with the victim occurs at a
hospital, a law enforcement officer may request the hospital
provide interpretive services.
(Source: P.A. 99-801, eff. 1-1-17; 100-1087, eff. 1-1-19.)
(725 ILCS 203/35)
Sec. 35. Release of information.
(a) Upon the request of the victim who has consented to the
release of sexual assault evidence for testing, the law
enforcement agency having jurisdiction shall notify the victim
about the Illinois State Police sexual assault evidence
tracking system and the Sexual Assault Evidence Collection Kit
and provide the following information in writing:
(1) the date the sexual assault evidence was sent to a
Department of State Police forensic laboratory or
designated laboratory;
(2) test results provided to the law enforcement
agency by a Department of State Police forensic laboratory
or designated laboratory, including, but not limited to:
(A) whether a DNA profile was obtained from the
testing of the sexual assault evidence from the
victim's case;

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(B) whether the DNA profile developed from the
sexual assault evidence has been searched against the
DNA Index System or any state or federal DNA database;
(C) whether an association was made to an
individual whose DNA profile is consistent with the
sexual assault evidence DNA profile, provided that
disclosure would not impede or compromise an ongoing
investigation; and
(D) whether any drugs were detected in a urine or
blood sample analyzed for drug facilitated sexual
assault and information about any drugs detected.
(b) The information listed in paragraph (1) of subsection
(a) of this Section shall be provided to the victim within 7
days of the transfer of the evidence to the laboratory. The
information listed in paragraph (2) of subsection (a) of this
Section shall be provided to the victim within 7 days of the
receipt of the information by the law enforcement agency
having jurisdiction.
(c) At the time the sexual assault evidence is released
for testing, the victim shall be provided written information
by the law enforcement agency having jurisdiction or the
hospital providing emergency services and forensic services to
the victim informing him or her of the right to request
information under subsection (a) of this Section. A victim may
designate another person or agency to receive this
information.

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(d) The victim or the victim's designee shall keep the law
enforcement agency having jurisdiction informed of the name,
address, telephone number, and email address of the person to
whom the information should be provided, and any changes of
the name, address, telephone number, and email address, if an
email address is available.
(Source: P.A. 99-801, eff. 1-1-17.)".