The bills include SB 3096 which creates the Sexual Assault
Incident Procedure Act. This is an overarching bill that provides
sexual assault victims with stricter protections during the evidence
collection process and ensures transfer of evidence from the
hospital to law enforcement agencies in a timely manner. It also
removes barriers in the state procurement code to allow the state to
hire forensic analysts faster. This bill directly addresses the
decade-long rape kit backlog.
“As a state, we must do everything within our power to ensure
victims are supported and that their aggressors are quickly brought
to justice,” said Governor Bruce Rauner. “We stand with the victims
of these malicious crimes. This bill strengthens the policy behind
evidence collection and gives the state tools to speed up the
testing process to ensure victims have the ability to hold their
aggressors accountable and get the justice they deserve.”
SB 3096 also implements training standards and guidelines for 9-1-1
operators and police to handle sexual assault cases. It also
requires hospitals to provide instructions on how to help survivors
give consent for their rape test kit to be tested. It also specifies
that hospitals must notify law enforcement agencies that they have
collected a rape test kit within a 4 hour period and the law
enforcement agency must take possession of the kit within 10 days.
If possession does not take place within that time period, the
hospital will contact the appropriate State's Attorney's Office. The
recommendations for this bill came from the Attorney General's
Sexual Assault Working Group.
Senate Bill 2861 establishes a new Illinois Code of Military Justice
that gives the Illinois National Guard state court martial authority
that is similar to the federal Uniform Code of Military Justice.
Unless mobilized into federal service, Illinois National Guard
Soldiers and Airmen remain under the control of the state and the
Governor serves as their Commander-in-Chief. Discipline of National
Guard service members and military justice are under the exclusive
jurisdiction of the state.
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"This bill allows us to pursue military justice and ensure good
order and discipline within our formations when civilian authorities
elect not to pursue civilian charges," said Maj. Gen. Richard J.
Hayes, The Adjutant General of the Illinois National Guard. "The
need for this bill became very apparent as we battled military
sexual assault."
The new law will allow the Illinois National Guard to bring charges against the
service member before a court martial. If convicted of certain offenses before a
court martial, the Illinois National service member could face up to 10 years in
state prison.
Governor Rauner also signed HB4036 which extends the coverage of the Victims’
Economic Security and Safety Act to victims of domestic or sexual violence to
smaller companies across the state. The bill grants employees working for an
employer that employs at least 50 employees a right for leave of up to 12
workweeks, employees working for an employer that employs at least 15 but not
more than 49 employees up to eight workweeks, and employees working for an
employer that employs one but not more than 14 employees up to four workweeks of
leave.
[Office of the Governor Bruce Rauner]
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