2017 Illinois Compiled Statutes
Chapter 725 - CRIMINAL PROCEDURE
725 ILCS 202/ - Sexual Assault Evidence Submission Act.

(725 ILCS 202/1)
Sec. 1. Short title. This Act may be cited as the Sexual Assault Evidence Submission Act.
(Source: P.A. 96-1011, eff. 9-1-10.)

(725 ILCS 202/5)
Sec. 5. Definitions. In this Act:
"Commission" means the Sexual Assault Evidence Tracking and Reporting Commission.
"Department" means the Department of State Police or Illinois State Police.
"Law enforcement agencies" means local, county, State or federal law enforcement agencies involved in the investigation of sexual assault cases in Illinois.
"Sexual assault evidence" means evidence collected in connection with a sexual assault investigation, including, but not limited to, evidence collected using the State Police Evidence Collection Kits.
(Source: P.A. 100-336, eff. 8-25-17.)

(725 ILCS 202/10)
Sec. 10. Submission of evidence. Law enforcement agencies that receive sexual assault evidence that the victim of a sexual assault or sexual abuse or a person authorized under Section 6.5 of the Sexual Assault Survivors Emergency Treatment Act has consented to allow law enforcement to test in connection with the investigation of a criminal case on or after the effective date of this Act must submit evidence from the case within 10 business days of receipt of the consent to test to a Department of State Police forensic laboratory or a laboratory approved and designated by the Director of State Police. The written report required under Section 20 of the Sexual Assault Incident Procedure Act shall include the date and time the sexual assault evidence was picked up from the hospital, the date consent to test the sexual assault evidence was given, and the date and time the sexual assault evidence was sent to the laboratory. Sexual assault evidence received by a law enforcement agency within 30 days prior to the effective date of this Act shall be submitted pursuant to this Section.
(Source: P.A. 99-801, eff. 1-1-17.)

(725 ILCS 202/15)
Sec. 15. Analysis of evidence; notification.
(a) All sexual assault evidence submitted pursuant to Section 10 of this Act on or after the effective date of this Act shall be analyzed within 6 months after receipt of all necessary evidence and standards by the State Police Laboratory or other designated laboratory if sufficient staffing and resources are available.
(b) If a consistent DNA profile has been identified by comparing the submitted sexual assault evidence with a known standard from a suspect or with DNA profiles in the CODIS database, the Department shall notify the investigating law enforcement agency of the results in writing, and the Department shall provide an automatic courtesy copy of the written notification to the appropriate State's Attorney's Office for tracking and further action, as necessary.
(Source: P.A. 99-617, eff. 7-22-16.)

(725 ILCS 202/20)
Sec. 20. Inventory of evidence.
(a) By October 15, 2010, each Illinois law enforcement agency shall provide written notice to the Department of State Police, in a form and manner prescribed by the Department, stating the number of sexual assault cases in the custody of the law enforcement agency that have not been previously submitted to a laboratory for analysis. Within 180 days after the effective date of this Act, appropriate arrangements shall be made between the law enforcement agency and the Department of State Police, or a laboratory approved and designated by the Director of State Police, to ensure that all cases that were collected prior to the effective date of this Act and are, or were at the time of collection, the subject of a criminal investigation, are submitted to the Department of State Police, or a laboratory approved and designated by the Director of State Police.
(b) By February 15, 2011, the Department of State Police shall submit to the Governor, the Attorney General, and both houses of the General Assembly a plan for analyzing cases submitted pursuant to this Section. The plan shall include but not be limited to a timeline for completion of analysis and a summary of the inventory received, as well as requests for funding and resources necessary to meet the established timeline. Should the Department determine it is necessary to outsource the forensic testing of the cases submitted in accordance with this Section, all such cases will be exempt from the provisions of subsection (n) of Section 5-4-3 of the Unified Code of Corrections.
(c) Beginning June 1, 2016 or on and after the effective date of this amendatory Act of the 99th General Assembly, whichever is later, each law enforcement agency must conduct an annual inventory of all sexual assault cases in the custody of the law enforcement agency and provide written notice of its annual findings to the State's Attorney's Office having jurisdiction to ensure sexual assault cases are being submitted as provided by law.
(Source: P.A. 99-617, eff. 7-22-16.)

(725 ILCS 202/25)
Sec. 25. Failure of a law enforcement agency to submit the sexual assault evidence. The failure of a law enforcement agency to submit the sexual assault evidence collected on or after the effective date of this Act within 10 business days after receipt shall in no way alter the authority of the law enforcement agency to submit the evidence or the authority of the Department of State Police forensic laboratory or designated laboratory to accept and analyze the evidence or specimen or to maintain or upload the results of genetic marker grouping analysis information into a local, State, or national database in accordance with established protocol.
(Source: P.A. 96-1011, eff. 9-1-10.)

(725 ILCS 202/30)
Sec. 30. Required certification. Each submission of sexual assault evidence submitted for analysis pursuant to this Act shall be accompanied by the following signed certification:
"This evidence is being submitted by (name of investigating law enforcement agency) in connection with a prior or current criminal investigation."
(Source: P.A. 96-1011, eff. 9-1-10.)

(725 ILCS 202/35)
Sec. 35. Expungement. If the Department receives written confirmation from the investigating law enforcement agency or State's Attorney's office that a DNA record that has been uploaded pursuant to this Act into a local, State or national DNA database was not connected to a criminal investigation, the DNA record shall be expunged from the DNA database and the Department shall, by rule, prescribe procedures to ensure that written confirmation is sent to the submitting law enforcement agency verifying the expungement.
(Source: P.A. 96-1011, eff. 9-1-10.)

(725 ILCS 202/40)
Sec. 40. Failure to expunge. The failure to expunge a DNA record or strictly comply with the provisions of Section 35 of this Act shall not be grounds for challenging the validity of a database match or database information, and evidence based upon or derived from the DNA record may not be excluded by a court.
(Source: P.A. 96-1011, eff. 9-1-10.)

(725 ILCS 202/42)
Sec. 42. Reporting. Beginning January 1, 2017 and each year thereafter, the Department shall publish a quarterly report on its website, indicating a breakdown of the number of sexual assault case submissions from every law enforcement agency.
(Source: P.A. 99-617, eff. 7-22-16.)

(725 ILCS 202/43)
(Section scheduled to be repealed on January 1, 2019)
Sec. 43. Sexual Assault Evidence Tracking and Reporting Commission.
(a) The Sexual Assault Evidence Tracking and Reporting Commission is created to research and develop a plan to create and implement a statewide mechanism to track and report sexual assault evidence information. The Commission shall consist of the following members:
(1) one member of the House of Representatives,

appointed by the Speaker of the House of Representatives;

(2) one member of the House of Representatives,

appointed by the Minority Leader of the House of Representatives;

(3) one member of the Senate, appointed by the

President of the Senate;

(4) one member of the Senate, appointed by the

Minority Leader of the Senate;

(5) the Attorney General, or his or her designee;
(6) the Director of State Police, or his or her

designee;

(7) the Superintendent of the Chicago Police

Department, or his or her designee;

(8) the Director of a statewide organization

representing sheriffs of this State;

(9) the Director of a statewide organization

representing chiefs of police of this State;

(10) a representative of a statewide organization

against sexual assault, appointed by the Speaker of the House of Representatives;

(11) a representative of the Illinois State's

Attorneys Association, appointed by the Minority Leader of the House of Representatives;

(12) a representative of a statewide organization

representing hospitals of this State appointed by the Senate President; and

(13) a representative of Illinois Sexual Assault

Nurse Examiners appointed by the Senate Minority Leader.

(b) The members appointed to the Commission under subsection (a) of this Section shall be appointed within 60 days after the effective date of this amendatory Act of the 100th General Assembly.
(c) The first meeting of the Commission shall be called by the Director of the Department, or his or her designee, no later than 30 days after all the members of the Commission have been appointed. At the first meeting, the Commission shall elect from its members a chairperson and other officers as it considers necessary or appropriate.
(d) The members of the Commission shall serve without compensation.
(e) The Department shall provide administrative and other support to the Commission.
(f) The Commission shall within one year of its initial meeting:
(1) research options to create a tracking system and

develop guidelines and a plan to implement a uniform statewide system to track the location, lab submission status, completion of forensic testing, and storage of sexual assault evidence;

(2) develop guidelines and a plan to implement a

system with secure electronic access that allows a victim, or his or her designee, to access or receive information about the location, lab submission status, and storage of sexual assault evidence that was gathered from him or her, provided that the disclosure does not impede or compromise an ongoing investigation;

(3) develop guidelines and a plan to safeguard

confidentiality and limited disclosure of the information contained in the statewide system;

(4) recommend sources of public and private funding

to implement the plans developed under this subsection (f);

(5) recommend changes to law or policy required to

support the implementation of the plans developed under this subsection (f); and

(6) report its findings and recommendations to submit

any and all proposed legislation to the Governor and General Assembly.

(g) This Section is repealed on January 1, 2019.
(Source: P.A. 100-336, eff. 8-25-17.)

(725 ILCS 202/45)
Sec. 45. Rules. The Department of State Police shall promulgate rules that prescribe the procedures for the operation of this Act, including expunging a DNA record.
(Source: P.A. 96-1011, eff. 9-1-10.)

(725 ILCS 202/90)
Sec. 90. (Amendatory provisions; text omitted).
(Source: P.A. 96-1011, eff. 9-1-10; text omitted.)

(725 ILCS 202/99)
Sec. 99. Effective date. This Act takes effect September 1, 2010.
(Source: P.A. 96-1011, eff. 9-1-10.)