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


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: Partisan Bill (Democrat 13-0)

Status: (Introduced) 2017-04-25 - Placed on Calendar Order of 3rd Reading - Short Debate [HB0270 Detail]

Download: Illinois-2017-HB0270-Engrossed.html



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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the Law
5Enforcement Sexual Assault Investigation Act.
6 Section 5. Definitions. As used in this Act:
7 "Formal investigation" has the meaning ascribed to it in
8Section 2 of the Uniform Peace Officers' Disciplinary Act.
9 "Independent agency" means:
10 (1) for a unit of local government a law enforcement
11 agency of another unit of local government other than the
12 unit of local government of the law enforcement agency that
13 employs the officer accused of sexual assault; or
14 (2) for a State law enforcement agency a law
15 enforcement agency of the county or unit of local
16 government in which the alleged misconduct occurred.
17 "Informal inquiry" has the meaning ascribed to it in
18Section 2 of the Uniform Peace Officers' Disciplinary Act.
19 "Law enforcement agency" means an agency of the State or of
20a unit of local of government which is vested by law or
21ordinance with the duty to maintain public order and to enforce
22criminal laws.
23 "Police officer" means any person employed by a law

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1enforcement agency of the State, a county, or a municipality as
2a policeman, peace officer, or in some like position involving
3the enforcement of the law and protection of public interest at
4the risk of the person's life.
5 "Sexual assault" has the meaning ascribed to it in Section
61a of the Sexual Assault Survivors Emergency Treatment Act.
7 Section 10. Complaints of sexual assault. If a law
8enforcement agency receives a complaint, or other formal or
9informal notice, that a police officer has committed a sexual
10assault while acting in his or her capacity as a police
11officer, the complaint or notice shall be immediately reported
12to the police officer's supervisory or command personnel. The
13complaint or notice of sexual assault shall also be immediately
14reported to an independent agency under the protocols and
15guidelines as created by the Illinois Law Enforcement Training
16Standards Board under Section 7.7 of the Illinois Police
17Training Act.
18 Section 15. Investigations of sexual assault.
19 (a) After an independent agency has been informed of
20allegations of a sexual assault by a police officer under
21Section 10, the independent agency shall proceed with a formal
22investigation of the police officer based on the allegation.
23 (b) The independent agency shall have all the rights and
24privileges provided to the law enforcement agency employing the

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1police officer, the internal investigation department of that
2law enforcement agency, or any other State or federal agency
3would have in investigating the allegations of sexual assault
4against the police officer.
5 (c) After the independent agency has concluded its formal
6investigation, it shall prepare written findings and
7recommendations and forward those to the police officer's
8supervisory or command personnel and the State's Attorney with
9jurisdiction over the police officer's law enforcement agency.
10The independent agency's written findings and recommendations
11may be the basis for filing charges seeking the police
12officer's removal, discharge, or suspension.
13 Section 20. Informal inquiry. Nothing in this Act shall
14prohibit a police officer's supervisory or command personnel
15from conducting an informal inquiry of allegations of sexual
16assault against the police officer unless the informal inquiry
17would in any way interfere with the formal investigation being
18conducted by the independent agency.
19 Section 25. Home rule. A home rule unit may not regulate
20investigations of allegations of sexual assault by a police
21officer in a manner inconsistent with this Act. This Act is a
22limitation under subsection (i) of Section 6 of Article VII of
23the Illinois Constitution on the concurrent exercise by home
24rule units of powers and functions exercised by the State.

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1 Section 900. The Illinois Police Training Act is amended by
2adding Section 7.7 as follows:
3 (50 ILCS 705/7.7 new)
4 Sec. 7.7. Sexual assault investigations protocols and
5guidelines. The Board shall adopt written protocols and
6guidelines for the investigation of law enforcement officers
7accused of sexual assault. The protocols and guidelines shall,
8at a minimum, be consistent with the Law Enforcement Sexual
9Assault Investigation Act.
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