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1 AN ACT concerning criminal law.


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 Sexual 
5Assault Incident Procedure Act.

6 Section 5. Legislative findings. The General Assembly 
7finds:
8 (1) Sexual assault and sexual abuse are personal and 
9violent crimes that disproportionately impact women, children, 
10lesbian, gay, bisexual, and transgender individuals in 
11Illinois, yet only a small percentage of these crimes are 
12reported, less than one in five, and even fewer result in a 
13conviction.
14 (2) The trauma of sexual assault and sexual abuse often 
15leads to severe mental, physical, and economic consequences for 
16the victim.
17 (3) The diminished ability of victims to recover from their 
18sexual assault or sexual abuse has been directly linked to the 
19response of others to their trauma.
20 (4) The response of law enforcement can directly impact a 
21victim's ability to heal as well as his or her willingness to 
22actively participate in the investigation by law enforcement.
23 (5) Research has shown that a traumatic event impacts 
 
 
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1memory consolidation and encoding. Allowing a victim to 
2complete at least 2 full sleep cycles before an in-depth 
3interview can improve the victim's ability to provide a history 
4of the sexual assault or sexual abuse.
5 (6) Victim participation is critical to the successful 
6identification and prosecution of sexual predators. To 
7facilitate victim participation, law enforcement should inform 
8victims of the testing of physical evidence and the results of 
9such testing.
10 (7) Identification and successful prosecution of sexual 
11predators prevents new victimization. For this reason, 
12improving the response of the criminal justice system to 
13victims of sexual assault and sexual abuse is critical to 
14protecting public safety.

15 Section 10. Definitions. In this Act:
16 "Board" means the Illinois Law Enforcement Training 
17Standards Board.
18 "Evidence-based, trauma-informed, victim-centered" means 
19policies, procedures, programs, and practices that have been 
20demonstrated to minimize retraumatization associated with the 
21criminal justice process by recognizing the presence of trauma 
22symptoms and acknowledging the role that trauma has played in a 
23sexual assault or sexual abuse victim's life and focusing on 
24the needs and concerns of a victim that ensures compassionate 
25and sensitive delivery of services in a nonjudgmental manner.
 
 
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1 "Law enforcement agency having jurisdiction" means the law 
2enforcement agency in the jurisdiction where an alleged sexual 
3assault or sexual abuse occurred.
4 "Sexual assault evidence" means evidence collected in 
5connection with a sexual assault or sexual abuse investigation, 
6including, but not limited to, evidence collected using the 
7Illinois State Police Sexual Assault Evidence Collection Kit as 
8defined in Section 1a of the Sexual Assault Survivors Emergency 
9Treatment Act.
10 "Sexual assault or sexual abuse" means an act of 
11nonconsensual sexual conduct or sexual penetration, as defined 
12in Section 12-12 of the Criminal Code of 1961 or Section 11-0.1 
13of the Criminal Code of 2012, including, without limitation, 
14acts prohibited under Sections 12-13 through 12-16 of the 
15Criminal Code of 1961 or Sections 11-1.20 through 11-1.60 of 
16the Criminal Code of 2012.

17 Section 15. Sexual assault incident policies.
18 (a) On or before January 1, 2018, every law enforcement 
19agency shall develop, adopt, and implement written policies 
20regarding procedures for incidents of sexual assault or sexual 
21abuse consistent with the guidelines developed under 
22subsection (b) of this Section. In developing these policies, 
23each law enforcement agency is encouraged to consult with other 
24law enforcement agencies, sexual assault advocates, and sexual 
25assault nurse examiners with expertise in recognizing and 
 
 
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1handling sexual assault and sexual abuse incidents. These 
2policies must include mandatory sexual assault and sexual abuse 
3response training as required in Section 10.19 of the Illinois 
4Police Training Act and Sections 2605-53 and 2605-98 of the 
5Department of State Police Law of the Civil Administrative Code 
6of Illinois.
7 (b) On or before July 1, 2017, the Office of the Attorney 
8General, in consultation with the Illinois Law Enforcement 
9Training Standards Board and the Department of State Police, 
10shall develop and make available to each law enforcement 
11agency, comprehensive guidelines for creation of a law 
12enforcement agency policy on evidence-based, trauma-informed, 
13victim-centered sexual assault and sexual abuse response and 
14investigation.
15 These guidelines shall include, but not be limited to the 
16following:
17  (1) dispatcher or call taker response;
18  (2) responding officer duties;
19  (3) duties of officers investigating sexual assaults 
20 and sexual abuse;
21  (4) supervisor duties;
22  (5) report writing;
23  (6) reporting methods;
24  (7) victim interviews;
25  (8) evidence collection;
26  (9) sexual assault medical forensic examinations;
 
 
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1  (10) suspect interviews;
2  (11) suspect forensic exams;
3  (12) witness interviews;
4  (13) sexual assault response and resource teams, if 
5 applicable;
6  (14) working with victim advocates;
7  (15) working with prosecutors;
8  (16) victims' rights;
9  (17) victim notification; and
10  (18) consideration for specific populations or 
11 communities.

12 Section 20. Reports by law enforcement officers.
13 (a) A law enforcement officer shall complete a written 
14police report upon receiving the following, regardless of where 
15the incident occurred:
16  (1) an allegation by a person that the person has been 
17 sexually assaulted or sexually abused regardless of 
18 jurisdiction;
19  (2) information from hospital or medical personnel 
20 provided under Section 3.2 of the Criminal Identification 
21 Act; or
22  (3) information from a witness who personally observed 
23 what appeared to be a sexual assault or sexual abuse or 
24 attempted sexual assault or sexual abuse.
25 (b) The written report shall include the following, if 
 
 
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1known:
2  (1) the victim's name or other identifier;
3  (2) the victim's contact information;
4  (3) time, date, and location of offense;
5  (4) information provided by the victim;
6  (5) the suspect's description and name, if known;
7  (6) names of persons with information relevant to the 
8 time before, during, or after the sexual assault or sexual 
9 abuse, and their contact information;
10  (7) names of medical professionals who provided a 
11 medical forensic examination of the victim and any 
12 information they provided about the sexual assault or 
13 sexual abuse;
14  (8) whether an Illinois State Police Sexual Assault 
15 Evidence Collection Kit was completed, the name and contact 
16 information for the hospital, and whether the victim 
17 consented to testing of the Evidence Collection Kit by law 
18 enforcement;
19  (9) whether a urine or blood sample was collected and 
20 whether the victim consented to testing of a toxicology 
21 screen by law enforcement;
22  (10) information the victim related to medical 
23 professionals during a medical forensic examination which 
24 the victim consented to disclosure to law enforcement; and
25  (11) other relevant information.
26 (c) If the sexual assault or sexual abuse occurred in 
 
 
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1another jurisdiction, the law enforcement officer taking the 
2report must submit the report to the law enforcement agency 
3having jurisdiction in person or via fax or email within 24 
4hours of receiving information about the sexual assault or 
5sexual abuse.
6 (d) Within 24 hours of receiving a report from a law 
7enforcement agency in another jurisdiction in accordance with 
8subsection (c), the law enforcement agency having jurisdiction 
9shall submit a written confirmation to the law enforcement 
10agency that wrote the report. The written confirmation shall 
11contain the name and identifier of the person and confirming 
12receipt of the report and a name and contact phone number that 
13will be given to the victim. The written confirmation shall be 
14delivered in person or via fax or email.
15 (e) No law enforcement officer shall require a victim of 
16sexual assault or sexual abuse to submit to an interview.
17 (f) No law enforcement agency may refuse to complete a 
18written report as required by this Section on any ground.
19 (g) All law enforcement agencies shall ensure that all 
20officers responding to or investigating a complaint of sexual 
21assault or sexual abuse have successfully completed training 
22under Section 10.19 of the Illinois Police Training Act and 
23Section 2605-98 of the Department of State Police Law of the 
24Civil Administrative Code of Illinois.

25 Section 22. Third-party reports. A victim of sexual assault 
 
 
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1or sexual abuse may give a person consent to provide 
2information about the sexual assault or sexual abuse to a law 
3enforcement officer, and the officer shall complete a written 
4report unless:
5  (1) the person contacting law enforcement fails to 
6 provide the person's name and contact information; or
7  (2) the person contacting law enforcement fails to 
8 affirm that the person has the consent of the victim of the 
9 sexual assault or sexual abuse.

10 Section 25. Report; victim notice. 
11 (a) At the time of first contact with the victim, law 
12enforcement shall:
13  (1) Advise the victim about the following by providing 
14 a form, the contents of which shall be prepared by the 
15 Office of the Attorney General and posted on its website, 
16 written in a language appropriate for the victim or in 
17 Braille, or communicating in appropriate sign language 
18 that includes, but is not limited to:
19   (A) information about seeking medical attention 
20 and preserving evidence, including specifically, 
21 collection of evidence during a medical forensic 
22 examination at a hospital and photographs of injury and 
23 clothing;
24   (B) notice that the victim will not be charged for 
25 hospital emergency and medical forensic services;
 
 
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1   (C) information advising the victim that evidence 
2 can be collected at the hospital up to 7 days after the 
3 sexual assault or sexual abuse but that the longer the 
4 victim waits the likelihood of obtaining evidence 
5 decreases;
6   (D) the location of nearby hospitals that provide 
7 emergency medical and forensic services and, if known, 
8 whether the hospitals employ any sexual assault nurse 
9 examiners;
10   (E) a summary of the procedures and relief 
11 available to victims of sexual assault or sexual abuse 
12 under the Civil No Contact Order Act or the Illinois 
13 Domestic Violence Act of 1986;
14   (F) the law enforcement officer's name and badge 
15 number;
16   (G) at least one referral to an accessible service 
17 agency and information advising the victim that rape 
18 crisis centers can assist with obtaining civil no 
19 contact orders and orders of protection; and
20   (H) if the sexual assault or sexual abuse occurred 
21 in another jurisdiction, provide in writing the 
22 address and phone number of a specific contact at the 
23 law enforcement agency having jurisdiction.
24  (2) Offer to provide or arrange accessible 
25 transportation for the victim to a hospital for emergency 
26 and forensic services, including contacting emergency 
 
 
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1 medical services.
2  (3) Offer to provide or arrange accessible 
3 transportation for the victim to the nearest available 
4 circuit judge or associate judge so the victim may file a 
5 petition for an emergency civil no contact order under the 
6 Civil No Contact Order Act or an order of protection under 
7 the Illinois Domestic Violence Act of 1986 after the close 
8 of court business hours, if a judge is available.
9 (b) At the time of the initial contact with a person making 
10a third-party report under Section 22 of this Act, a law 
11enforcement officer shall provide the written information 
12prescribed under paragraph (1) of subsection (a) of this 
13Section to the person making the report and request the person 
14provide the written information to the victim of the sexual 
15assault or sexual abuse.
16 (c) If the first contact with the victim occurs at a 
17hospital, a law enforcement officer may request the hospital 
18provide interpretive services.

19 Section 30. Release and storage of sexual assault evidence.
20 (a) A law enforcement agency having jurisdiction that is 
21notified by a hospital or another law enforcement agency that a 
22victim of a sexual assault or sexual abuse has received a 
23medical forensic examination and has completed an Illinois 
24State Police Sexual Assault Evidence Collection Kit shall take 
25custody of the sexual assault evidence as soon as practicable, 
 
 
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1but in no event more than 5 days after the completion of the 
2medical forensic examination.
3 (a-5) A State's Attorney who is notified under subsection 
4(d) of Section 6.6 of the Sexual Assault Survivors Emergency 
5Treatment Act that a hospital is in possession of sexual 
6assault evidence shall, within 72 hours, contact the 
7appropriate law enforcement agency to request that the law 
8enforcement agency take immediate physical custody of the 
9sexual assault evidence.
10 (b) The written report prepared under Section 20 of this 
11Act shall include the date and time the sexual assault evidence 
12was picked up from the hospital and the date and time the 
13sexual assault evidence was sent to the laboratory in 
14accordance with the Sexual Assault Evidence Submission Act.
15 (c) If the victim of a sexual assault or sexual abuse or a 
16person authorized under Section 6.5 of the Sexual Assault 
17Survivors Emergency Treatment Act has consented to allow law 
18enforcement to test the sexual assault evidence, the law 
19enforcement agency having jurisdiction shall submit the sexual 
20assault evidence for testing in accordance with the Sexual 
21Assault Evidence Submission Act. No law enforcement agency 
22having jurisdiction may refuse or fail to send sexual assault 
23evidence for testing that the victim has released for testing.
24 (d) A victim shall have 5 years from the completion of an 
25Illinois State Police Sexual Assault Evidence Collection Kit, 
26or 5 years from the age of 18 years, whichever is longer, to 
 
 
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1sign a written consent to release the sexual assault evidence 
2to law enforcement for testing. If the victim or a person 
3authorized under Section 6.5 of the Sexual Assault Survivors 
4Emergency Treatment Act does not sign the written consent at 
5the completion of the medical forensic examination, the victim 
6or person authorized by Section 6.5 of the Sexual Assault 
7Survivors Emergency Treatment Act may sign the written release 
8at the law enforcement agency having jurisdiction, or in the 
9presence of a sexual assault advocate who may deliver the 
10written release to the law enforcement agency having 
11jurisdiction. The victim may also provide verbal consent to the 
12law enforcement agency having jurisdiction and shall verify the 
13verbal consent via email or fax. Upon receipt of written or 
14verbal consent, the law enforcement agency having jurisdiction 
15shall submit the sexual assault evidence for testing in 
16accordance with the Sexual Assault Evidence Submission Act. No 
17law enforcement agency having jurisdiction may refuse or fail 
18to send the sexual assault evidence for testing that the victim 
19has released for testing.
20 (e) The law enforcement agency having jurisdiction who 
21speaks to a victim who does not sign a written consent to 
22release the sexual assault evidence prior to discharge from the 
23hospital shall provide a written notice to the victim that 
24contains the following information:
25  (1) where the sexual assault evidence will be stored 
26 for 5 years;
 
 
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1  (2) notice that the victim may sign a written release 
2 to test the sexual assault evidence at any time during the 
3 5-year period by contacting the law enforcement agency 
4 having jurisdiction or working with a sexual assault 
5 advocate;
6  (3) the name, phone number, and email address of the 
7 law enforcement agency having jurisdiction; and
8  (4) the name and phone number of a local rape crisis 
9 center.
10 Each law enforcement agency shall develop a protocol for 
11providing this information to victims as part of the written 
12policies required in subsection (a) of Section 15 of this Act.
13 (f) A law enforcement agency must develop a protocol for 
14responding to victims who want to sign a written consent to 
15release the sexual assault evidence and to ensure that victims 
16who want to be notified or have a designee notified prior to 
17the end of the 5-year period are provided notice.
18 (g) Nothing in this Section shall be construed as limiting 
19the storage period to 5 years. A law enforcement agency having 
20jurisdiction may adopt a storage policy that provides for a 
21period of time exceeding 5 years. If a longer period of time is 
22adopted, the law enforcement agency having jurisdiction shall 
23notify the victim or designee in writing of the longer storage 
24period.


25 Section 35. Release of information. 
 
 
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1 (a) Upon the request of the victim who has consented to the 
2release of sexual assault evidence for testing, the law 
3enforcement agency having jurisdiction shall provide the 
4following information in writing:
5  (1) the date the sexual assault evidence was sent to a 
6 Department of State Police forensic laboratory or 
7 designated laboratory;
8  (2) test results provided to the law enforcement agency 
9 by a Department of State Police forensic laboratory or 
10 designated laboratory, including, but not limited to:
11   (A) whether a DNA profile was obtained from the 
12 testing of the sexual assault evidence from the 
13 victim's case;
14   (B) whether the DNA profile developed from the 
15 sexual assault evidence has been searched against the 
16 DNA Index System or any state or federal DNA database;
17   (C) whether an association was made to an 
18 individual whose DNA profile is consistent with the 
19 sexual assault evidence DNA profile,
provided that 
20 disclosure would not impede or compromise an ongoing 
21 investigation; and
22   (D) whether any drugs were detected in a urine or 
23 blood sample analyzed for drug facilitated sexual 
24 assault and information about any drugs detected.
25 (b) The information listed in paragraph (1) of subsection 
26(a) of this Section shall be provided to the victim within 7 
 
 
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1days of the transfer of the evidence to the laboratory. The 
2information listed in paragraph (2) of subsection (a) of this 
3Section shall be provided to the victim within 7 days of the 
4receipt of the information by the law enforcement agency having 
5jurisdiction.
6 (c) At the time the sexual assault evidence is released for 
7testing, the victim shall be provided written information by 
8the law enforcement agency having jurisdiction or the hospital 
9providing emergency services and forensic services to the 
10victim informing him or her of the right to request information 
11under subsection (a) of this Section. A victim may designate 
12another person or agency to receive this information.
13 (d) The victim or the victim's designee shall keep the law 
14enforcement agency having jurisdiction informed of the name, 
15address, telephone number, and email address of the person to 
16whom the information should be provided, and any changes of the 
17name, address, telephone number, and email address, if an email 
18address is available.

19 Section 105. The Department of State Police Law of the

20Civil Administrative Code of Illinois is amended by adding 
21Sections 2605-53 and 2605-98 as follows:

22 (20 ILCS 2605/2605-53 new)
23 Sec. 2605-53. 9-1-1 system; sexual assault and sexual 
24abuse.
 
 
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1 (a) The Office of the Statewide 9-1-1 Administrator, in 
2consultation with the Office of the Attorney General and the 
3Illinois Law Enforcement Training Standards Board, shall:
4  (1) develop comprehensive guidelines for 
5 evidence-based, trauma-informed, victim-centered handling 
6 of sexual assault or sexual abuse calls by Public Safety 
7 Answering Point tele-communicators; and
8  (2) adopt rules and minimum standards for an 
9 evidence-based, trauma-informed, victim-centered training 
10 curriculum for handling of sexual assault or sexual abuse 
11 calls for Public Safety Answering Point tele-communicators 
12 ("PSAP").
13 (b) Training requirements:
14  (1) Newly hired PSAP tele-communicators must complete 
15 the sexual assault and sexual abuse training curriculum 
16 established in subsection (a) of this Section prior to 
17 handling emergency calls.
18  (2) All existing PSAP tele-communicators shall 
19 complete the sexual assault and sexual abuse training 
20 curriculum established in subsection (a) of this Section 
21 within 2 years of the effective date of this amendatory Act 
22 of the 99th General Assembly.

23 (20 ILCS 2605/2605-98 new)
24 Sec. 2605-98. Training; sexual assault and sexual abuse.
25 (a) The Department of State Police shall conduct or approve 
 
 
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1training programs in trauma-informed responses and 
2investigations of sexual assault and sexual abuse, which 
3include, but is not limited to, the following:
4  (1) recognizing the symptoms of trauma;
5  (2) understanding the role trauma has played in a 
6 victim's life;
7  (3) responding to the needs and concerns of a victim;
8  (4) delivering services in a compassionate, sensitive, 
9 and nonjudgmental manner;
10  (5) interviewing techniques in accordance with the 
11 curriculum standards in subsection (f) of this Section;
12  (6) understanding cultural perceptions and common 
13 myths of sexual assault and sexual abuse; and
14  (7) report writing techniques in accordance with the 
15 curriculum standards in subsection (f) of this Section.
16 (b) This training must be presented in all full and 
17part-time basic law enforcement academies on or before July 1, 
182018.
19 (c) The Department must present this training to all State 
20police officers within 3 years after the effective date of this 
21amendatory Act of the 99th General Assembly and must present 
22in-service training on sexual assault and sexual abuse response 
23and report writing training requirements every 3 years.
24 (d) The Department must provide to all State police 
25officers who conduct sexual assault and sexual abuse 
26investigations, specialized training on sexual assault and 
 
 
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1sexual abuse investigations within 2 years after the effective 
2date of this amendatory Act of the 99th General Assembly and 
3must present in-service training on sexual assault and sexual 
4abuse investigations to these officers every 3 years.
5 (e) Instructors providing this training shall have 
6successfully completed training on evidence-based, 
7trauma-informed, victim-centered responses to cases of sexual 
8assault and sexual abuse and have experience responding to 
9sexual assault and sexual abuse cases.
10 (f) The Department shall adopt rules, in consultation with 
11the Office of the Illinois Attorney General and the Illinois 
12Law Enforcement Training Standards Board, to determine the 
13specific training requirements for these courses, including, 
14but not limited to, the following:
15  (1) evidence-based curriculum standards for report 
16 writing and immediate response to sexual assault and sexual 
17 abuse, including trauma-informed, victim-centered 
18 interview techniques, which have been demonstrated to 
19 minimize retraumatization, for all State police officers; 
20 and
21  (2) evidence-based curriculum standards for 
22 trauma-informed, victim-centered investigation and 
23 interviewing techniques, which have been demonstrated to 
24 minimize retraumatization, for cases of sexual assault and 
25 sexual abuse for all State Police officers who conduct 
26 sexual assault and sexual abuse investigations.

 
 
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1 Section 110. The Illinois Police Training Act is amended by 
2changing Section 7 and adding Section 10.19 as follows:




3 (50 ILCS 705/7) (from Ch. 85, par. 507)



4 Sec. 7. Rules and standards for schools. The Board shall 
5adopt rules and
minimum standards for such schools which shall 
6include but not be limited to
the following:

7 a. The curriculum for probationary police officers which 
8shall be
offered by all certified schools shall include but not 
9be limited to
courses of procedural justice, arrest and use and 
10control tactics, search and seizure, including temporary 
11questioning, civil rights, human rights, human relations,

12cultural competency, including implicit bias and racial and 
13ethnic sensitivity,
criminal law, law of criminal procedure, 
14constitutional and proper use of law enforcement authority, 
15vehicle and traffic law including
uniform and 
16non-discriminatory enforcement of the Illinois Vehicle Code,

17traffic control and accident investigation, techniques of 
18obtaining
physical evidence, court testimonies, statements, 
19reports, firearms
training, training in the use of electronic 
20control devices, including the psychological and physiological 
21effects of the use of those devices on humans, first-aid 
22(including cardiopulmonary resuscitation), training in the 
23administration of opioid antagonists as defined in paragraph 
24(1) of subsection (e) of Section 5-23 of the Alcoholism and 
 
 
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1Other Drug Abuse and Dependency Act, handling of
juvenile 
2offenders, recognition of
mental conditions, including, but 
3not limited to, the disease of addiction, which require 
4immediate assistance and methods to
safeguard and provide 
5assistance to a person in need of mental
treatment, recognition 
6of abuse, neglect, financial exploitation, and self-neglect of 
7adults with disabilities and older adults, as defined in 
8Section 2 of the Adult Protective Services Act, crimes against 
9the elderly, law of evidence, the hazards of high-speed police 
10vehicle
chases with an emphasis on alternatives to the 
11high-speed chase, and
physical training. The curriculum shall 
12include specific training in
techniques for immediate response 
13to and investigation of cases of domestic
violence and of 
14sexual assault of adults and children, including cultural 
15perceptions and common myths of sexual assault and sexual abuse 
16rape as well as interview techniques that are trauma informed, 
17victim centered, and victim sensitive. The curriculum shall 
18include
training in techniques designed to promote effective

19communication at the initial contact with crime victims and 
20ways to comprehensively
explain to victims and witnesses their 
21rights under the Rights
of Crime Victims and Witnesses Act and 
22the Crime
Victims Compensation Act. The curriculum shall also 
23include a block of instruction aimed at identifying and 
24interacting with persons with autism and other developmental or 
25physical disabilities, reducing barriers to reporting crimes 
26against persons with autism, and addressing the unique 
 
 
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1challenges presented by cases involving victims or witnesses 
2with autism and other developmental disabilities. The 
3curriculum for
permanent police officers shall include but not 
4be limited to (1) refresher
and in-service training in any of 
5the courses listed above in this
subparagraph, (2) advanced 
6courses in any of the subjects listed above in
this 
7subparagraph, (3) training for supervisory personnel, and (4)

8specialized training in subjects and fields to be selected by 
9the board. The training in the use of electronic control 
10devices shall be conducted for probationary police officers, 
11including University police officers.

12 b. Minimum courses of study, attendance requirements and 
13equipment
requirements.

14 c. Minimum requirements for instructors.

15 d. Minimum basic training requirements, which a 
16probationary police
officer must satisfactorily complete 
17before being eligible for permanent
employment as a local law 
18enforcement officer for a participating local
governmental 
19agency. Those requirements shall include training in first aid

20(including cardiopulmonary resuscitation).

21 e. Minimum basic training requirements, which a 
22probationary county
corrections officer must satisfactorily 
23complete before being eligible for
permanent employment as a 
24county corrections officer for a participating
local 
25governmental agency.

26 f. Minimum basic training requirements which a 
 
 
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1probationary court
security officer must satisfactorily 
2complete before being eligible for
permanent employment as a 
3court security officer for a participating local
governmental 
4agency. The Board shall
establish those training requirements 
5which it considers appropriate for court
security officers and 
6shall certify schools to conduct that training. 

7 A person hired to serve as a court security officer must 
8obtain from the
Board a certificate (i) attesting to his or her 
9successful completion of the
training course; (ii) attesting to 
10his or her satisfactory
completion of a training program of 
11similar content and number of hours that
has been found 
12acceptable by the Board under the provisions of this Act; or

13(iii) attesting to the Board's determination that the training

14course is unnecessary because of the person's extensive prior 
15law enforcement
experience.

16 Individuals who currently serve as court security officers 
17shall be deemed
qualified to continue to serve in that capacity 
18so long as they are certified
as provided by this Act within 24 
19months of June 1, 1997 (the effective date of Public Act 
2089-685) this
amendatory Act of 1996. Failure to be so 
21certified, absent a waiver from the
Board, shall cause the 
22officer to forfeit his or her position.

23 All individuals hired as court security officers on or 
24after the effective
date of this amendatory Act of 1996 shall 
25be certified within 12 months of the
date of their hire, unless 
26a waiver has been obtained by the Board, or they
shall forfeit 
 
 
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1their positions.

2 The Sheriff's Merit Commission, if one exists, or the 
3Sheriff's Office if
there is no Sheriff's Merit Commission, 
4shall maintain a list of all
individuals who have filed 
5applications to become court security officers and
who meet the 
6eligibility requirements established under this Act. Either

7the Sheriff's Merit Commission, or the Sheriff's Office if no 
8Sheriff's Merit
Commission exists, shall establish a schedule 
9of reasonable intervals for
verification of the applicants' 
10qualifications under
this Act and as established by the Board.

11 g. Minimum in-service training requirements, which a 
12police officer must satisfactorily complete every 3 years. 
13Those requirements shall include constitutional and proper use 
14of law enforcement authority, procedural justice, civil 
15rights, human rights, and cultural competency.
16 h. Minimum in-service training requirements, which a 
17police officer must satisfactorily complete at least annually. 
18Those requirements shall include law updates and use of force 
19training which shall include scenario based training, or 
20similar training approved by the Board.
21(Source: P.A. 98-49, eff. 7-1-13; 98-358, eff. 1-1-14; 98-463, 
22eff. 8-16-13; 98-756, eff. 7-16-14; 99-352, eff. 1-1-16; 
2399-480, eff. 9-9-15; revised 10-20-15.)


24 (50 ILCS 705/10.19 new)
25 Sec. 10.19. Training; sexual assault and sexual abuse.
 
 
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1 (a) The Illinois Law Enforcement Training Standards Board 
2shall conduct or approve training programs in trauma-informed 
3responses and investigations of sexual assault and sexual 
4abuse, which include, but is not limited to, the following:
5  (1) recognizing the symptoms of trauma;
6  (2) understanding the role trauma has played in a 
7 victim's life;
8  (3) responding to the needs and concerns of a victim;
9  (4) delivering services in a compassionate, sensitive, 
10 and nonjudgmental manner;
11  (5) interviewing techniques in accordance with the 
12 curriculum standards in subsection (f) of this Section;
13  (6) understanding cultural perceptions and common 
14 myths of sexual assault and sexual abuse; and
15  (7) report writing techniques in accordance with the 
16 curriculum standards in subsection (f) of this Section.
17 (b) This training must be presented in all full and 
18part-time basic law enforcement academies on or before July 1, 
192018.
20 (c) Agencies employing law enforcement officers must 
21present this training to all law enforcement officers within 3 
22years after the effective date of this amendatory Act of the 
2399th General Assembly and must present in-service training on 
24sexual assault and sexual abuse response and report writing 
25training requirements every 3 years.
26 (d) Agencies employing law enforcement officers who 
 
 
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1conduct sexual assault and sexual abuse investigations must 
2provide specialized training to these officers on sexual 
3assault and sexual abuse investigations within 2 years after 
4the effective date of this amendatory Act of the 99th General 
5Assembly and must present in-service training on sexual assault 
6and sexual abuse investigations to these officers every 3 
7years.
8 (e) Instructors providing this training shall have 
9successfully completed training on evidence-based, 
10trauma-informed, victim-centered response to cases of sexual 
11assault and sexual abuse and have experience responding to 
12sexual assault and sexual abuse cases.
13 (f) The Board shall adopt rules, in consultation with the 
14Office of the Illinois Attorney General and the Department of 
15State Police, to determine the specific training requirements 
16for these courses, including, but not limited to, the 
17following:
18  (1) evidence-based curriculum standards for report 
19 writing and immediate response to sexual assault and sexual 
20 abuse, including trauma-informed, victim-centered 
21 interview techniques, which have been demonstrated to 
22 minimize retraumatization, for probationary police 
23 officers and all law enforcement officers; and
24  (2) evidence-based curriculum standards for 
25 trauma-informed, victim-centered investigation and 
26 interviewing techniques, which have been demonstrated to 
 
 
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1 minimize retraumatization, for cases of sexual assault and 
2 sexual abuse for law enforcement officers who conduct 
3 sexual assault and sexual abuse investigations.

4 Section 115. The Sexual Assault Survivors Emergency 
5Treatment Act is amended by changing Sections 1a and 6.4 and by 
6adding Sections 6.5 and 6.6 as follows:



7 (410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)



8 Sec. 1a. Definitions. In this Act:

9 "Ambulance provider" means an individual or entity that 
10owns and operates a business or service using ambulances or 
11emergency medical services vehicles to transport emergency 
12patients.

13 "Areawide sexual assault treatment plan" means a plan, 
14developed by the hospitals in the community or area to be 
15served, which provides for hospital emergency services to 
16sexual assault survivors that shall be made available by each 
17of the participating hospitals.

18 "Department" means the Department of Public Health.

19 "Emergency contraception" means medication as approved by 
20the federal Food and Drug Administration (FDA) that can 
21significantly reduce the risk of pregnancy if taken within 72 
22hours after sexual assault.

23 "Follow-up healthcare" means healthcare services related 
24to a sexual assault, including laboratory services and pharmacy 
 
 
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1services, rendered within 90 days of the initial visit for 
2hospital emergency services.

3 "Forensic services" means the collection of evidence 
4pursuant to a statewide sexual assault evidence collection 
5program administered by the Department of State Police, using 
6the Illinois State Police Sexual Assault Evidence Collection 
7Kit.

8 "Health care professional" means a physician, a physician 
9assistant, or an advanced practice nurse.

10 "Hospital" has the meaning given to that term in the 
11Hospital Licensing Act.

12 "Hospital emergency services" means healthcare delivered 
13to outpatients within or under the care and supervision of 
14personnel working in a designated emergency department of a 
15hospital, including, but not limited to, care ordered by such 
16personnel for a sexual assault survivor in the emergency 
17department.

18 "Illinois State Police Sexual Assault Evidence Collection 
19Kit" means a prepackaged set of materials and forms to be used 
20for the collection of evidence relating to sexual assault. The 
21standardized evidence collection kit for the State of Illinois 
22shall be the Illinois State Police Sexual Assault Evidence 
23Collection Kit.

24 "Law enforcement agency having jurisdiction" means the law 
25enforcement agency in the jurisdiction where an alleged sexual 
26assault or sexual abuse occurred.
 
 
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1 "Nurse" means a nurse licensed under the Nurse
Practice 
2Act.

3 "Physician" means a person licensed to practice medicine in 
4all its branches.

5 "Sexual assault" means an act of nonconsensual sexual 
6conduct or sexual penetration, as defined in Section 11-0.1 of 
7the Criminal Code of 2012, including, without limitation, acts 
8prohibited under Sections 11-1.20 through 11-1.60 of the 
9Criminal Code of 2012.

10 "Sexual assault survivor" means a person who presents for 
11hospital emergency services in relation to injuries or trauma 
12resulting from a sexual assault.

13 "Sexual assault transfer plan" means a written plan 
14developed by a hospital and approved by the Department, which 
15describes the hospital's procedures for transferring sexual 
16assault survivors to another hospital in order to receive 
17emergency treatment.

18 "Sexual assault treatment plan" means a written plan 
19developed by a hospital that describes the hospital's 
20procedures and protocols for providing hospital emergency 
21services and forensic services to sexual assault survivors who 
22present themselves for such services, either directly or 
23through transfer from another hospital.

24 "Transfer services" means the appropriate medical 
25screening examination and necessary stabilizing treatment 
26prior to the transfer of a sexual assault survivor to a 
 
 
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1hospital that provides hospital emergency services and 
2forensic services to sexual assault survivors pursuant to a 
3sexual assault treatment plan or areawide sexual assault 
4treatment plan.


5 "Voucher" means a document generated by a hospital at the 
6time the sexual assault survivor receives hospital emergency 
7and forensic services that a sexual assault survivor may 
8present to providers for follow-up healthcare. 
9(Source: P.A. 99-454, eff. 1-1-16.)





10 (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)


11 Sec. 6.4. Sexual assault evidence collection program. 

12 (a) There is created a statewide sexual assault evidence 
13collection program
to facilitate the prosecution of persons 
14accused of sexual assault. This
program shall be administered 
15by the Illinois
State Police. The program shall
consist of the 
16following: (1) distribution of sexual assault evidence

17collection kits which have been approved by the Illinois
State 
18Police to hospitals that request them, or arranging for
such 
19distribution by the manufacturer of the kits, (2) collection of 
20the kits
from hospitals after the kits have been used to 
21collect
evidence, (3) analysis of the collected evidence and 
22conducting of laboratory
tests, (4) maintaining the chain of 
23custody and safekeeping of the evidence
for use in a legal 
24proceeding, and (5) the comparison of the collected evidence 
25with the genetic marker grouping analysis information 
 
 
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1maintained by the Department of State Police under Section 
25-4-3 of the Unified Code of Corrections and with the 
3information contained in the Federal Bureau of Investigation's 
4National DNA database; provided the amount and quality of 
5genetic marker grouping results obtained from the evidence in 
6the sexual assault case meets the requirements of both the 
7Department of State Police and the Federal Bureau of 
8Investigation's Combined DNA Index System (CODIS) policies. 
9The standardized evidence collection kit for
the State of 
10Illinois shall be the Illinois State Police Sexual Assault 
11Evidence Kit and shall include a written consent form 
12authorizing law enforcement to test the sexual assault evidence 
13and to provide law enforcement with details of the sexual 
14assault. A sexual assault evidence collection kit may not be 
15released by a hospital
without the written consent of the 
16sexual assault survivor. In the case of a
survivor who is a 
17minor 13 years of age or older, evidence and
information 
18concerning the sexual assault may be released at the
written 
19request of the minor. If the survivor is a minor who is under 
2013 years
of age, evidence and information concerning the 
21alleged sexual assault may be
released at the written request 
22of the parent, guardian, investigating law
enforcement 
23officer, or Department of Children and Family Services. If the 
24survivor is an adult who has a guardian of the person, a health 
25care surrogate, or an agent acting under a health care power of 
26attorney, then consent of the guardian, surrogate, or agent is 
 
 
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1not required to release evidence and information concerning the 
2sexual assault. If the adult is unable to provide consent for 
3the release of evidence and information and a guardian, 
4surrogate, or agent under a health care power of attorney is 
5unavailable or unwilling to release the information, then an 
6investigating law enforcement officer may authorize the 
7release. Any health
care professional, including any 
8physician, advanced practice nurse, physician assistant, or 
9nurse, sexual assault nurse
examiner, and any health care

10institution, including any hospital, who provides evidence or 
11information to a
law enforcement officer pursuant to a written 
12request as specified in this
Section is immune from any civil 
13or professional liability that might arise
from those actions, 
14with the exception of willful or wanton misconduct. The

15immunity provision applies only if all of the requirements of 
16this Section are
met.

17 (a-5) (Blank).

18 (b) The Illinois State Police shall administer a program to 
19train hospitals
and hospital personnel participating in the 
20sexual assault evidence collection
program, in the correct use 
21and application of the sexual assault evidence
collection kits. 
22A sexual assault nurse examiner may conduct
examinations using 
23the sexual assault evidence collection kits, without the

24presence or participation of a physician. The Department
shall

25cooperate with the Illinois State Police in this
program as it 
26pertains to medical aspects of the evidence collection.

 
 
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1 (c) In this Section, "sexual assault nurse examiner" means 
2a registered
nurse
who has completed a sexual assault nurse 
3examiner (SANE) training program that
meets the Forensic Sexual 
4Assault Nurse Examiner Education Guidelines
established by the 
5International Association of Forensic Nurses.

6(Source: P.A. 95-331, eff. 8-21-07; 95-432, eff. 1-1-08; 
796-318, eff. 1-1-10; 96-1011, eff. 9-1-10.)


8 (410 ILCS 70/6.5 new)
9 Sec. 6.5. Written consent to the release of sexual assault 
10evidence for testing.
11 (a) Upon the completion of hospital emergency services and 
12forensic services, the health care professional providing the 
13forensic services shall provide the patient the opportunity to 
14sign a written consent to allow law enforcement to submit the 
15sexual assault evidence for testing. The written consent shall 
16be on a form included in the sexual assault evidence collection 
17kit and shall include whether the survivor consents to the 
18release of information about the sexual assault to law 
19enforcement.
20  (1) A survivor 13 years of age or older may sign the 
21 written consent to release the evidence for testing.
22  (2) If the survivor is a minor who is under 13 years of 
23 age, the written consent to release the sexual assault 
24 evidence for testing may be signed by the parent, guardian, 
25 investigating law enforcement officer, or Department of 
 
 
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1 Children and Family Services.
2  (3) If the survivor is an adult who has a guardian of 
3 the person, a health care surrogate, or an agent acting 
4 under a health care power of attorney, the consent of the 
5 guardian, surrogate, or agent is not required to release 
6 evidence and information concerning the sexual assault or 
7 sexual abuse. If the adult is unable to provide consent for 
8 the release of evidence and information and a guardian, 
9 surrogate, or agent under a health care power of attorney 
10 is unavailable or unwilling to release the information, 
11 then an investigating law enforcement officer may 
12 authorize the release.
13  (4) Any health care professional, including any 
14 physician, advanced practice nurse, physician assistant, 
15 or nurse, sexual assault nurse examiner, and any health 
16 care institution, including any hospital, who provides 
17 evidence or information to a law enforcement officer under 
18 a written consent as specified in this Section is immune 
19 from any civil or professional liability that might arise 
20 from those actions, with the exception of willful or wanton 
21 misconduct. The immunity provision applies only if all of 
22 the requirements of this Section are met.
23 (b) The hospital shall keep a copy of a signed or unsigned 
24written consent form in the patient's medical record.
25 (c) If a written consent to allow law enforcement to test 
26the sexual assault evidence is not signed at the completion of 
 
 
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1hospital emergency services and forensic services, the 
2hospital shall include the following information in its 
3discharge instructions:
4  (1) the sexual assault evidence will be stored for 5 
5 years from the completion of an Illinois State Police 
6 Sexual Assault Evidence Collection Kit, or 5 years from the 
7 age of 18 years, whichever is longer;
8  (2) a person authorized to consent to the testing of 
9 the sexual assault evidence may sign a written consent to 
10 allow law enforcement to test the sexual assault evidence 
11 at any time during that 5-year period for an adult victim, 
12 or until a minor victim turns 23 years of age by (A) 
13 contacting the law enforcement agency having jurisdiction, 
14 or if unknown, the law enforcement agency contacted by the 
15 hospital under Section 3.2 of the Criminal Identification 
16 Act; or (B) by working with an advocate at a rape crisis 
17 center;
18  (3) the name, address, and phone number of the law 
19 enforcement agency having jurisdiction, or if unknown the 
20 name, address, and phone number of the law enforcement 
21 agency contacted by the hospital under Section 3.2 of the 
22 Criminal Identification Act; and
23  (4) the name and phone number of a local rape crisis 
24 center.

25 (410 ILCS 70/6.6 new)
 
 
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1 Sec. 6.6. Submission of sexual assault evidence.
2 (a) As soon as practicable, but in no event more than 4 
3hours after the completion of hospital emergency services and 
4forensic services, the hospital shall make reasonable efforts 
5to determine the law enforcement agency having jurisdiction 
6where the sexual assault occurred. The hospital may obtain the 
7name of the law enforcement agency with jurisdiction from the 
8local law enforcement agency.
9 (b) Within 4 hours after the completion of hospital 
10emergency services and forensic services, the hospital shall 
11notify the law enforcement agency having jurisdiction that the 
12hospital is in possession of sexual assault evidence and the 
13date and time the collection of evidence was completed. The 
14hospital shall document the notification in the patient's 
15medical records and shall include the agency notified, the date 
16and time of the notification and the name of the person who 
17received the notification. This notification to the law 
18enforcement agency having jurisdiction satisfies the 
19hospital's requirement to contact its local law enforcement 
20agency under Section 3.2 of the Criminal Identification Act.
21 (c) If the law enforcement agency having jurisdiction has 
22not taken physical custody of sexual assault evidence within 5 
23days of the first contact by the hospital, the hospital shall 
24re-notify the law enforcement agency having jurisdiction that 
25the hospital is in possession of sexual assault evidence and 
26the date the sexual assault evidence was collected. The 
 
 
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1hospital shall document the re-notification in the patient's 
2medical records and shall include the agency notified, the date 
3and time of the notification and the name of the person who 
4received the notification.
5 (d) If the law enforcement agency having jurisdiction has 
6not taken physical custody of the sexual assault evidence 
7within 10 days of the first contact by the hospital and the 
8hospital has provided renotification under subsection (c) of 
9this Section, the hospital shall contact the State's Attorney 
10of the county where the law enforcement agency having 
11jurisdiction is located. The hospital shall inform the State's 
12Attorney that the hospital is in possession of sexual assault 
13evidence, the date the sexual assault evidence was collected, 
14the law enforcement agency having jurisdiction, the dates, 
15times and names of persons notified under subsections (b) and 
16(c) of this Section. The notification shall be made within 14 
17days of the collection of the sexual assault evidence.

18 Section 120. The Sexual Assault Evidence Submission Act is 
19amended by changing Section 10 as follows:

20 (725 ILCS 202/10)

21 Sec. 10. Submission of evidence. Law enforcement agencies 
22that receive sexual assault evidence that the victim of a 
23sexual assault or sexual abuse or a person authorized under 
24Section 6.5 of the Sexual Assault Survivors Emergency Treatment 
 
 
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1Act has consented to allow law enforcement to test in 
2connection with the investigation of a criminal case on or 
3after the effective date of this Act must submit evidence from 
4the case within 10 business days of receipt of the consent to 
5test to a Department of State Police forensic laboratory or a 
6laboratory approved and designated by the Director of State 
7Police. The written report required under Section 20 of the 
8Sexual Assault Incident Procedure Act shall include the date 
9and time the sexual assault evidence was picked up from the 
10hospital, the date consent to test the sexual assault evidence 
11was given, and the date and time the sexual assault evidence 
12was sent to the laboratory. Sexual assault evidence received by 
13a law enforcement agency within 30 days prior to the effective 
14date of this Act shall be submitted pursuant to this Section.

15(Source: P.A. 96-1011, eff. 9-1-10.)