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Current as of January 01, 2025 | Updated by Findlaw Staff
§ 35. Release of information.
(a) Upon the request of the victim who has consented to the release of sexual assault evidence for testing, the law enforcement agency having jurisdiction shall notify the victim about the Illinois State Police sexual assault evidence tracking system and provide the following information in writing:
(1) the date the sexual assault evidence was sent to an Illinois State Police forensic laboratory or designated laboratory;
(2) test results provided to the law enforcement agency by an Illinois State Police forensic laboratory or designated laboratory, including, but not limited to:
(A) whether a DNA profile was obtained from the testing of the sexual assault evidence from the victim's case;
(B) whether the DNA profile developed from the sexual assault evidence has been searched against the DNA Index System or any state or federal DNA database;
(C) whether an association was made to an individual whose DNA profile is consistent with the sexual assault evidence DNA profile, provided that disclosure would not impede or compromise an ongoing investigation; and
(D) whether any drugs were detected in a urine or blood sample analyzed for drug facilitated sexual assault and information about any drugs detected.
(b) The information listed in paragraph (1) of subsection (a) of this Section shall be provided to the victim within 7 days of the transfer of the evidence to the laboratory. The information listed in paragraph (2) of subsection (a) of this Section shall be provided to the victim within 7 days of the receipt of the information by the law enforcement agency having jurisdiction.
(c) At the time the sexual assault evidence is released for testing, the victim shall be provided written information by the law enforcement agency having jurisdiction or the hospital providing emergency services and forensic services to the victim informing him or her of the right to request information under subsection (a) of this Section. A victim may designate another person or agency to receive this information.
(d) The victim or the victim's designee shall keep the law enforcement agency having jurisdiction informed of the name, address, telephone number, and email address of the person to whom the information should be provided, and any changes of the name, address, telephone number, and email address, if an email address is available.
Cite this article: FindLaw.com - Illinois Statutes Chapter 725. Criminal Procedure § 203/35. Release of information - last updated January 01, 2025 | https://codes.findlaw.com/il/chapter-725-criminal-procedure/il-st-sect-725-203-35/
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