Illinois

Illinois has achieved all six pillars of rape kit reform. The state has cleared its backlog.

Reform Status
Full Reform
Testing Status
Complete

Pillar Count

6/6 Pillars
Illinois has achieved all six pillars of rape kit reform. The state has cleared its backlog.
Statewide Inventory

Yes, the state has a recurring inventory.

  • Is the inventory recurring? Yes
  • Are law enforcement agencies and/or labs required to participate in the inventory? Yes
  • Does the law require to document the date of when each kit was collected? No
  • Does the law require a reason to be given as to why the kit was not submitted to a crime lab for testing? No
  • Does the law require untested kits to be counted? Yes
Test Backlogged Kits

Yes, the state has eliminated its backlog.

  • Does the law require law enforcement to submit all untested kits, including those past the statute of limitation, within a certain deadline? Yes
  • Does the law set a deadline for the crime laboratory to complete analysis once a kit has been submitted to the lab? No
  • Does the law require kits past the statute of limitations to be sent in for testing? No
  • Does the law allow public crime labs to outsource unsubmitted kits? Yes
Test New Kits

Yes, all newly collected kits are being tested.

  • According to the law, how much time after a rape kit examination do hospitals have to notify law enforcement that a kit is ready to be picked up? 4 Hours
  • According to the law, after being notified, within what time frame is law enforcement required to pick up the kit? 5 Days
  • According to the law, after picking the kit up, within what time frame is law enforcement required to submit the kit to the lab? 10 Days
  • According to the law, after receiving the kit, within what time frame is the lab required to test the kit? 6 Months
  • Does the law allow crime labs to outsource kits for testing if they are unable to meet the deadline? Yes
Implement Tracking System

Yes, tracking system in use.

  • Does the law state that the tracking system should track initial collection at hospital, inventory and storage by law enforcement, and testing and storage by state labs? Yes
  • Does the law state that the tracking system should track if kit a has been destroyed? No
  • Does the law allow all agencies who participate in the tracking system to update the status of a kit? Yes
  • Does the law state that the tracking system should have a victim portal? Yes
  • Does the law require law enforcement, labs, and hospitals to participate in the tracking system? Yes
  • Does the law state that all previously untested kits should be entered into the system? No
Victim's Right To Know

Yes, the state has granted victims the right to notice and be informed on the status of their kit.

  • Do victims have the right to receive information of the location, testing date, and testing results of their kit? Yes
  • Do victims have the right to be informed when there is any change in the status of their case? No
  • Do victims have the right to receive notification before destruction of their kit? No
  • Are victims granted further preservation of the kit or its probative contents? No
  • Are victims provided with the contact information for the designated liaison(s) at the corresponding law enforcement agency at the time that a kit is collected? No
  • Do victims have the right to receive a physical document identifying their rights under law? Yes
Fund Reform

Yes, the state has allocated ongoing funding.

See state reform timeline below.

Take Action Today to Bring Further Rape Kit Reform to Illinois

State Reform Timeline

2024
Bill
SB3415 introduced in Illinois

In 2024, legislators in Illinois introduced SB3415. This bill requires state forensic lab to notify the investigating law enforcement agency, that a CODIS hit occurred to a corresponding sexual assault kit. The law enforcement agency must then send acknowledgment that they have received the notification, and inform the survivor of the match.

2022
Report
Illinois cleared backlog

In 2022, Illinois Governor, J.B. Pritzker, announced that the state had cleared its backlog of untested kits.

2021
Bill: Enacted
HB1739 enacted in Illinois

In 2021, Illinois legislators introduced HB1739, requiring medical facilities and law enforcement to notify survivors about the state’s tracking system. The bill also mandated licensed hospitals to participate in the tracking system, ensuring compliance and accountability. In June 2021, this bill was signed into law.

2020
Funding
$1 million awarded in Illinois

In 2020, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded the city of Chicago $1 million to investigate and prosecute cold case sexual assaults.

Other
Illinois tracking system goes live

In 2020, Illinois’ tracking system went live.

2019
Bill: Enacted
HB1440 enacted in Illinois

In 2019, legislators passed HB1440, which required the Illinois State Police (ISP) to develop rules to implement a rape kit tracking system, per the recommendation of the Sexual Assault Evidence Tracking and Reporting Commission. The system was to be developed and administered by ISP. Medical facilities, law enforcement agencies, and local and state crime labs were required to participate. The system was required to contain reporting functions, including a function allowing law enforcement to produce an annual rape kit inventory. The system was also to include a portal for survivors to access the status of their kits. Read our letter of support. With this law, Illinois had enacted all six pillars of comprehensive rape kit reform.

2018
Bill: Enacted
SB3404 enacted in Illinois

In 2018, lawmakers expanded victims’ rights by enacting SB3404, a law that that allows survivors to shower at the hospital after a medical forensic examination, obtain a copy of their police report, and have a sexual assault advocate and a support person of their choosing present during the medical and physical examinations. The law also extended the time period for which law enforcement must retain kits from survivors who did not immediately consent to DNA testing of their kit, from five years to 10 years.

Bill: Enacted
HB5245 enacted in Illinois

In 2018, legislators also enacted HB5245, requiring the training of a sufficient number of medical professionals in treating sexual assault patients so that a trained medical professional would be available to treat a sexual assault patient within 90 minutes of when that patient presents at the hospital.

2017
Bill: Enacted
HB528 enacted in Illinois

In 2017, Illinois enacted HB528 creating a commission to research and develop a plan for a statewide rape kit tracking system, which must allow secure electronic access for survivors to track the status of their kits.

2016
Bill: Enacted
SB2221 enacted in Illinois

In 2016, Illinois enacted SB2221, requiring an annual statewide audit of rape kits.

Bill: Enacted
SB3096 enacted in Illinois

Also in 2016, Illinois enacted SB3096, which built upon the existing rape kit law and improved the state’s response to sexual assault. The law required trauma-informed training for law-enforcement investigators, as well as first responders and 911 operators. It also required law enforcement agencies and 911 centers to have trauma-informed, survivor-centered policies governing sexual assault response. Law enforcement officers were required to complete written reports of every sexual assault complaint. Under this law, survivors also have the right to know the status of their kits.

2015
Accountability
Accountability Project requested number of untested kits throughout Illinois

In 2015, The Accountability Project issued open records requests to bring the number of untested kits in Urbana, Springfield, Chicago, and Champaign to light. Through our efforts, we learned that Urbana had submitted 92% of all rape kits received between 2001 and 2015 to the lab for testing. As of January 2017, the remaining 16 untested rape kits had been submitted to the lab for testing. We also learned that Springfield had submitted 93% of all kits received to the lab for testing between 2005 and 2015. As of January 2016, the Springfield Police Department reported 43 untested kits in storage. As of June 2017, all untested tested rape kits in Champaign had been submitted to the lab for testing, in accordance with state law. To date, we have not received a complete response from Chicago.

2013
Inventory
4,138 kits found in Illinois

According to a report by the Illinois State Police there were 4138 untested kits in Illinois in 2013.

2010
Bill: Enacted
SB3296 enacted in Illinois

In 2010, Illinois enacted SB3296, requiring a statewide audit and rape kit testing. The 2010 law led to a wave of similar rape kit reform bills in state legislatures across the U.S.

2002
Bill: Enacted
SB3095 enacted in Illinois

In 2002, Illinois passed SB3095, creating the Sexual Assault Evidence Collection Program, which coordinates the distribution, collection, analysis, and maintenance of rape kits under the leadership of the Illinois State Police. Following this law, the Illinois state budget allocated annual funding for the program starting in 2003 (SB2393, 2002).

Accountability

We have issued public records requests, through the Freedom of Information Act, to the following jurisdictions in Illinois to discover whether they possess any untested rape kits.
Target
Request Year
Untested kits discovered
Information received
2015
16
2015
43
2015
0
Request Denied
2015
Unknown