Illinois Makes Sex Crime DNA Testing Mandatory

By Prescott Carlson in News on Jul 7, 2010 10:00PM

Illinois has become the first state in the nation to require DNA evidence taken after a sexual assault be sent for testing. Currently over 4,000 rape kits are sitting in evidence unanalyzed.

The Sexual Assault Evidence Submissions Act, part of Senate Bill 3269, goes into effect September 1 of this year, and will require law enforcement agencies to submit DNA evidence collected in sexual assault investigations to an Illinois State Police approved laboratory within two weeks. The act was spurred by an initiative of Illinois Attorney General Lisa Madigan, who felt that the handling of sexual assault evidence was wildly discordant across the state. In a statement issued by Governor Pat Quinn's office, Madigan said:

"This law... [sends] a strong message that law enforcement will pursue justice for children and women who are the primary victims of sexual assault. As a direct result of this law, we will increase the number of arrests and prosecutions of sex offenders and get them out of our communities and into prison, where they belong."

At the same time, Quinn also signed companion House Bill 5976, which further protects the confidentiality of statements made by victims to rape crisis workers, specifically those adult victims with guardians. Under the new law, those guardians can access records with the victim's consent without the victim having to waive the confidentiality of the records. Both bills passed in the State House and Senate unanimously.