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

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: (Enrolled) 2017-08-04 - Sent to the Governor [HB0270 Detail]

Download: Illinois-2017-HB0270-Enrolled.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 Criminal Sexual Assault Investigation Act.
6 Section 5. Definitions. As used in this Act:
7 "Law enforcement agency" means an agency of this State or
8unit of local government which is vested by law or ordinance
9with the duty to maintain public order and to enforce criminal
10laws or ordinances.
11 "Law enforcement officer" or "officer" means any person
12employed by a State, county, or municipality as a policeman,
13peace officer, or in a like position involving the enforcement
14of the law and protection of public interest at the risk of the
15person's life.
16 "Officer-involved criminal sexual assault" means an
17alleged violation of Section 11-1.20, 11-1.30, 11-1.40,
1811-1.50, or 11-1.60 of the Criminal Code of 2012 while an
19officer is on duty.
20 Section 10. Investigation of officer-involved criminal
21assault; requirements.
22 (a) Each law enforcement agency shall have a written policy

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1regarding the investigation of officer-involved criminal
2sexual assault that involves a law enforcement officer employed
3by that law enforcement agency.
4 (b) Each officer-involved criminal sexual assault
5investigation shall be conducted by at least 2 investigators or
6an entity comprised of at least 2 investigators, one of whom
7shall be the lead investigator. The investigators shall have
8completed a specialized sexual assault and sexual abuse
9investigation training program approved by the Illinois Law
10Enforcement Training Standards Board or similar training
11approved by the Department of State Police. No investigator
12involved in the investigation may be employed by the law
13enforcement agency that employs the officer involved in the
14officer-involved criminal sexual assault, unless the
15investigator is employed by the Department of State Police or a
16municipality with a population over 1,000,000 and is not
17assigned to the same division or unit as the officer involved
18in the criminal sexual assault.
19 (c) Upon receipt of an allegation or complaint of an
20officer-involved criminal sexual assault, a municipality with
21a population over 1,000,000 shall promptly notify an
22independent agency, created by ordinance of the municipality,
23tasked with investigating incidents of police misconduct.
24 Section 15. Intra-agency investigations. This Act does not
25prohibit a law enforcement agency from conducting an internal

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1investigation into the officer-involved criminal sexual
2assault if the internal investigation does not interfere with
3the investigation conducted under the requirements of Section
410 of this Act.
5 Section 20. Compensation for investigations. Compensation
6for participation in an investigation of an officer-involved
7criminal sexual assault under Section 10 of this Act may be
8determined in an intergovernmental or interagency agreement.