Bill Text: IL HB0270 | 2017-2018 | 100th General Assembly | Chaptered
Bill Title: Creates the Law Enforcement Sexual Assault Investigation Act. Provides that allegations of sexual assault by a police officer while performing his or her duties shall immediately be reported to the police officer's supervisory or command personnel and an independent law enforcement agency. Provides that the independent law enforcement agency shall conduct a formal investigation of the allegations and provide written findings and recommendations to the State's Attorney and police officer's supervisory or command personnel which may be the basis for filing charges seeking the police officer's removal, discharge, or suspension. Limits home rule powers. Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall adopt written protocols and guidelines for the investigation of law enforcement officers accused of sexual assault.
Spectrum: Moderate Partisan Bill (Democrat 17-2)
Status: (Passed) 2017-09-22 - Public Act . . . . . . . . . 100-0515 [HB0270 Detail]
Download: Illinois-2017-HB0270-Chaptered.html
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Public Act 100-0515 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Law | ||||
Enforcement Criminal Sexual Assault Investigation Act.
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Section 5. Definitions. As used in this Act:
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"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.
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"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. | ||||
"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.
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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 investigators shall have | ||
completed a specialized sexual assault and sexual abuse | ||
investigation training program approved by the Illinois Law | ||
Enforcement Training Standards Board or similar training | ||
approved by the Department of State Police. 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 over 1,000,000 and is not | ||
assigned to the same division or unit as the officer involved | ||
in the criminal sexual assault. | ||
(c) Upon receipt of an allegation or complaint of an | ||
officer-involved criminal sexual assault, a municipality with | ||
a population over 1,000,000 shall promptly notify an | ||
independent agency, created by ordinance of the municipality, | ||
tasked with investigating incidents of police misconduct.
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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.
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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
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determined in an intergovernmental or interagency agreement.
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