HB0270 Engrossed LRB100 04388 SLF 14394 b
1		AN ACT concerning local government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 1. Short title. This Act may be cited as the Law
5		Enforcement Sexual Assault Investigation Act.
6		Section 5. Definitions. As used in this Act:
7		"Formal investigation" has the meaning ascribed to it in
8		Section 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
18		Section 2 of the Uniform Peace Officers' Disciplinary Act.
19		"Law enforcement agency" means an agency of the State or of
20		a unit of local of government which is vested by law or
21		ordinance with the duty to maintain public order and to enforce
22		criminal laws.
23		"Police officer" means any person employed by a law

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1		enforcement agency of the State, a county, or a municipality as
2		a policeman, peace officer, or in some like position involving
3		the enforcement of the law and protection of public interest at
4		the risk of the person's life.
5		"Sexual assault" has the meaning ascribed to it in Section
6		1a of the Sexual Assault Survivors Emergency Treatment Act.
7		Section 10. Complaints of sexual assault. If a law
8		enforcement agency receives a complaint, or other formal or
9		informal notice, that a police officer has committed a sexual
10		assault while acting in his or her capacity as a police
11		officer, the complaint or notice shall be immediately reported
12		to the police officer's supervisory or command personnel. The
13		complaint or notice of sexual assault shall also be immediately
14		reported to an independent agency under the protocols and
15		guidelines as created by the Illinois Law Enforcement Training
16		Standards Board under Section 7.7 of the Illinois Police
17		Training Act.
18		Section 15. Investigations of sexual assault.
19		(a) After an independent agency has been informed of
20		allegations of a sexual assault by a police officer under
21		Section 10, the independent agency shall proceed with a formal
22		investigation of the police officer based on the allegation.
23		(b) The independent agency shall have all the rights and
24		privileges provided to the law enforcement agency employing the

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

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