Sexual Assault Incident Procedure Act Information/forms

SEXUAL ASSAULT INCIDENT PROCEDURE FOR LAW ENFORCEMENT

PUBLIC ACT 099-0801

A new law, Public Act 099-0801, contains requirements for law enforcement agencies regarding the handling of sexual assaults and sexual abuse crimes. This document outlines the provisions of the Act that must be implemented by law enforcement agencies on January 1, 2017:• Mandatory Report Writing• Additional Responding Officer Responsibilities• Collecting, Storing and Testing of Sexual Assault Evidence• Release of Information to the Victim Relating to Evidence Testing

Several other provisions, such as developing and implementing agency policy and training for all officers and those investigating sexual assault and sexual abuse cases, have delayed effective dates to allow for the development of policy guidelines and training curricula.

Law Enforcement must begin using these forms effective January 1, 2017.

Law Enforcement Response to Sexual Assault and Sexual Abuse

Sexual Assault Incident Procedure Act Bulletin for Law EnforcementThis document outlines the provisions of the Act that must be implemented by law enforcement agencies on January 1, 2017.

  • Mandatory Report Writing
  • Additional Responding Officer Responsibilities
  • Collecting, Storing and Testing of Sexual Assault Evidence
  • Release of Information to the Victim Relating to Evidence Testing

Sexual Assault and Sexual Abuse Response Policy

Every law enforcement agency shall develop, adopt, and implement written policies regarding procedures for incidents of sexual assault or sexual abuse by January 1, 2018, consistent with guidelines developed by the Office of the Attorney General, in consultation with the Illinois Law Enforcement Training Standards Board and the Illinois State Police.

These guidelines and sample policy language will be posted to this page no later than July 1, 2017.

Forms

These forms have been updated since their initial release in December 2016 and the links take you to the Illinois Attorney General's website

Victim notices to be provided by law enforcement per the Sexual Assault Incident Procedure Act:

Mandatory Notice for Survivors of Sexual Assault (P.A. 99-0801 - Form A)

  • Pursuant to 725 ILCS 203/25(a), at the time of first contact with a victim, a law enforcement officer shall advise the victim of the information on this form, written in a language appropriate for the victim or in Braille, or communicate this information in the appropriate sign language.

Mandatory Notice of Victim's Right to Information Regarding Sexual Assault Evidence(P.A. 99-0801 - Form B)

  • Pursuant to 725 ILCS 203/35(c), this form must be provided by a law enforcement officer to a victim who has signed a consent form to test evidence at the hospital, either at the hospital or during the investigating officer's follow-up interview. This form must also be provided to a victim who signs a consent form to test sexual assault evidence at the law enforcement agency or with the assistance of a rape crisis advocate.

Storage and Future Testing of Sexual Assault Evidence (P.A. 99-0801 - Form C)

  • Pursuant to 725 ILCS 203/30(e), this form shall be provided by a law enforcement officer to a victim who has not signed a consent form to test evidence at the hospital, either at the hospital or during the investigating officer's follow-up interview.

Confirmation of Transfer of Sexual Assault Report to Law Enforcement Agency Having Jurisdiction(P.A. 99-0801 - Form D)

  • Pursuant to 725 ILCS 203/20(c), a law enforcement agency which receives a report of an incident occurring in another jurisdiction must prepare a written report and send the report to the agency having jurisdiction in person or via fax or email within 24 hours.
  • Pursuant to 725 ILCS 203/20(d), the law enforcement agency that receives a report from another jurisdiction must confirm receipt in person or via fax or email within 24 hours.

To request these forms in Microsoft Word format, please email joleary@atg.state.il.us.

Handling of Sexual Assault Evidence by Hospitals

Public Act 099-0801 amends the Sexual Assault Survivors Emergency Treatment Act, 410 ILCS 70/, to change how hospitals handle Illinois State Police Sexual Assault Evidence Collection Kits and other sexual assault evidence.

FormsVictim notices to be provided by hospitals pursuant to the Sexual Assault Incident Procedure Act:

Patient Consent: Collect and Test Evidence or Collect and Hold Evidence Form

  • This consent form replaces the form currently found in the Illinois State Police Sexual Assault Evidence Collection Kits and other evidence. Existing kits may still be used with this consent form.

Illinois Sexual Assault Evidence Collection Kit Discharge Instructions

  • Hospitals shall provide the original copy of this form to patients receiving a medical forensic exam upon discharge.

 

Police Mandated Training Information Specific to This Topic:

Law Enforcement Investigators Effective January 1, 2017. Trauma-informed responses and investigations of sexual assault and sexual abuse. Law enforcement investigators who conduct sexual assault investigations must receive specialized in-service training on these topics within 2 two years of the act, and again every three years, thereafter. (PA 99-0801)All Law Enforcement officers Effective January 1, 2017. Trauma-informed responses and investigations of sexual assault and sexual abuse. All Law enforcement officers must receive in-service training on these topics within three years of the effective date of the act (January 1, 2017), and again every three years, thereafter. Law enforcement investigators who conduct sexual assault investigations must receive specialized in-service training on these topics within 2 two years of the act, and again every three years, thereafter. (PA 99-0801

 

Additional Resources

Go to the Illinois Coalition Against Sexual Assault (ICASA) website for a full list of the sex assault laws