Short title
Short title. This Act may be cited as the Sexual Assault Evidence Submission Act. (Source: P.A. 96-1011, eff. 9-1-10.)
Illinois · statute · 725 ILCS 202 · 14 active provisions
Short title. This Act may be cited as the Sexual Assault Evidence Submission Act. (Source: P.A. 96-1011, eff. 9-1-10.)
Definitions. In this Act: "Commission" means the Sexual Assault Evidence Tracking and Reporting Commission. "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 c…
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 o…
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 Illinois State Police Laboratory or other designated laboratory if su…
Inventory of evidence. (a) By October 15, 2010, each Illinois law enforcement agency shall provide written notice to the Illinois State Police, in a form and manner prescribed by the Illinois State Police, stating the number of sexual assault cases in the custody of the law enforcement agency that have not been previou…
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…
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." (S…
Expungement. If the Illinois State Police 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 shal…
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-…
Reporting. Beginning January 1, 2017 and each year thereafter, the Illinois State Police 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. 102-538, eff. 8-20-21.)
Rules. The Illinois State Police shall promulgate rules that prescribe the procedures for the operation of this Act, including expunging a DNA record. (Source: P.A. 102-538, eff. 8-20-21.)
Sexual assault evidence tracking system. (a) On June 26, 2018, the Sexual Assault Evidence Tracking and Reporting Commission issued its report as required under Section 43. It is the intention of the General Assembly in enacting the provisions of this amendatory Act of the 101st General Assembly to implement the recomm…
(Amendatory provisions; text omitted). (Source: P.A. 96-1011, eff. 9-1-10; text omitted.)
Effective date. This Act takes effect September 1, 2010. (Source: P.A. 96-1011, eff. 9-1-10.)