Bill Text: IL HB4394 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Amends the Sexual Assault Incident Procedure Act. Provides that at law enforcement agencies that employ officers of more than one sex or gender who have the training in investigating sexual assault and sexual abuse cases under the Illinois Police Training Act and the Illinois State Police Law, a law enforcement officer shall inform a victim of sexual assault or sexual abuse of the opportunity to request to be interviewed by an officer of a particular sex or gender. Provides that if, when a request is made, no officer at that agency of the requested sex or gender with that training is reasonably available, the victim may consent to be interviewed by any available law enforcement officer with that training, decline to be interviewed, or choose to schedule an interview at another time when such an officer is expected to be available. Provides that if the victim requests an officer of a particular sex or gender at the scene, in the emergency department of a hospital, at an approved pediatric health care facility, or under exigent circumstances, the responding officer shall accommodate the request when an officer of the requested sex or gender is reasonably available. Provides that every law enforcement agency shall establish a policy that defines "reasonably available" for the purposes of the provisions. Makes other changes.

Sponsorship: Moderate Partisan Bill (Democrat 22-3)

Status: (Enrolled) 2026-06-18 - Sent to the Governor [HB4394 Detail]

Download: Illinois-2025-HB4394-Enrolled.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Sexual Assault Incident Procedure Act is
amended by changing Section 20 as follows:
(725 ILCS 203/20)
Sec. 20. Reports by law enforcement officers.
(a) A law enforcement officer shall complete a written
police report upon receiving the following, regardless of
where the incident occurred:
(1) an allegation by a person that the person has been
sexually assaulted or sexually abused regardless of
jurisdiction;
(2) information from hospital or medical personnel
provided under Section 3.2 of the Criminal Identification
Act; or
(3) information from a witness who personally observed
what appeared to be a sexual assault or sexual abuse or
attempted sexual assault or sexual abuse.
(b) The written report shall include the following, if
known:
(1) the victim's name or other identifier;
(2) the victim's contact information;

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(3) time, date, and location of offense;
(4) information provided by the victim;
(5) the suspect's description and name, if known;
(6) names of persons with information relevant to the
time before, during, or after the sexual assault or sexual
abuse, and their contact information;
(7) names of medical professionals who provided a
medical forensic examination of the victim and any
information they provided about the sexual assault or
sexual abuse;
(8) whether an Illinois State Police Sexual Assault
Evidence Collection Kit was completed, the name and
contact information for the hospital, and whether the
victim consented to testing of the Evidence Collection Kit
by law enforcement;
(9) whether a urine or blood sample was collected and
whether the victim consented to testing of a toxicology
screen by law enforcement;
(10) information the victim related to medical
professionals during a medical forensic examination which
the victim consented to disclosure to law enforcement; and
(11) other relevant information.
(c) If the sexual assault or sexual abuse occurred in
another jurisdiction, the law enforcement officer taking the
report must submit the report to the law enforcement agency
having jurisdiction in person or via fax or email within 24

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hours of receiving information about the sexual assault or
sexual abuse.
(d) Within 24 hours of receiving a report from a law
enforcement agency in another jurisdiction in accordance with
subsection (c), the law enforcement agency having jurisdiction
shall submit a written confirmation to the law enforcement
agency that wrote the report. The written confirmation shall
contain the name and identifier of the person and confirming
receipt of the report and a name and contact phone number that
will be given to the victim. The written confirmation shall be
delivered in person or via fax or email.
(e) No law enforcement officer shall require a victim of
sexual assault or sexual abuse to submit to an interview.
(f) No law enforcement agency may refuse to complete a
written report as required by this Section on any ground. A law
enforcement officer shall not discourage or attempt to
discourage a victim from filing a police report concerning
sexual assault or sexual abuse.
(g) All law enforcement agencies shall ensure that all
officers responding to or investigating a complaint of sexual
assault or sexual abuse have successfully completed training
under Section 10.21 of the Illinois Police Training Act and
Section 2605-51 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(h) At law enforcement agencies that employ officers of
more than one sex or gender who have the training described in

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subsection (g), a law enforcement officer shall inform a
victim of sexual assault or sexual abuse of the opportunity to
request to be interviewed by an officer of a particular sex or
gender. If, when a request is made, no officer at that agency
of the requested sex or gender with the training described in
subsection (g) is reasonably available, the victim may consent
to be interviewed by any available law enforcement officer
with that training, decline to be interviewed, or choose to
schedule an interview at another time when such an officer is
expected to be available. Every law enforcement agency shall
establish a policy that defines "reasonably available" for
this Section.
The duty to inform the victim about the opportunity to
request to be interviewed by an officer of a particular sex or
gender shall not apply to the preliminary investigation by the
initial responding officer at the crime scene, in the
emergency department of a hospital, at an approved pediatric
health care facility, or under exigent circumstances. The
initial responding officer shall not require a victim to
submit to an interview, pursuant to subsection (e). If the
victim requests an officer of a particular sex or gender at the
scene, in the emergency department of a hospital, at an
approved pediatric health care facility, or during exigent
circumstances, the responding officer shall accommodate the
request when an officer of the requested sex or gender is
reasonably available.

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(i) A law enforcement officer shall inform a victim of
sexual assault or sexual abuse of the opportunity to have a
support person of the victim's choosing present during any
interview by a law enforcement officer or prosecutor, unless
the law enforcement officer or prosecutor makes a good faith
determination based on professional judgment, before or during
the interview, that the presence of the support person would
be detrimental to the purpose of the interview. If the support
person engages in behavior that disrupts or undermines the
interview, the support person may be removed. If the support
person is not permitted to accompany the victim or is removed,
the victim may consent to be interviewed without a support
person, decline to be interviewed, or choose to schedule an
interview at another time and bring a different support
person.
The duty to inform the victim about the opportunity to
have a support person shall not apply to the preliminary
investigation by the initial responding officer at the crime
scene, in the emergency department of a hospital, at an
approved pediatric health care facility, or under exigent
circumstances. The initial responding officer shall not
require a victim to submit to an interview, pursuant to
subsection (e). Nothing in this Section prohibits the initial
responding officer from offering or allowing a victim to have
a support person.
(Source: P.A. 104-173, eff. 1-1-26.)