Illinois General Assembly - Full Text of SB3404
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Full Text of SB3404  100th General Assembly

SB3404enr 100TH GENERAL ASSEMBLY



 


 
SB3404 EnrolledLRB100 19981 MRW 35262 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Preventing Sexual Violence in Higher
5Education Act is amended by changing Section 10 as follows:
 
6    (110 ILCS 155/10)
7    Sec. 10. Comprehensive policy. On or before August 1, 2016,
8all higher education institutions shall adopt a comprehensive
9policy concerning sexual violence, domestic violence, dating
10violence, and stalking consistent with governing federal and
11State law. The higher education institution's comprehensive
12policy shall include, at a minimum, all of the following
13components:
14        (1) A definition of consent that, at a minimum,
15    recognizes that (i) consent is a freely given agreement to
16    sexual activity, (ii) a person's lack of verbal or physical
17    resistance or submission resulting from the use or threat
18    of force does not constitute consent, (iii) a person's
19    manner of dress does not constitute consent, (iv) a
20    person's consent to past sexual activity does not
21    constitute consent to future sexual activity, (v) a
22    person's consent to engage in sexual activity with one
23    person does not constitute consent to engage in sexual

 

 

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1    activity with another, (vi) a person can withdraw consent
2    at any time, and (vii) a person cannot consent to sexual
3    activity if that person is unable to understand the nature
4    of the activity or give knowing consent due to
5    circumstances, including without limitation the following:
6            (A) the person is incapacitated due to the use or
7        influence of alcohol or drugs;
8            (B) the person is asleep or unconscious;
9            (C) the person is under age; or
10            (D) the person is incapacitated due to a mental
11        disability.
12        Nothing in this Section prevents a higher education
13    institution from defining consent in a more demanding
14    manner.
15        (2) Procedures that students of the higher education
16    institution may follow if they choose to report an alleged
17    violation of the comprehensive policy, regardless of where
18    the incident of sexual violence, domestic violence, dating
19    violence, or stalking occurred, including all of the
20    following:
21            (A) Name and contact information for the Title IX
22        coordinator, campus law enforcement or security, local
23        law enforcement, and the community-based sexual
24        assault crisis center.
25            (B) The name, title, and contact information for
26        confidential advisors and other confidential resources

 

 

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1        and a description of what confidential reporting
2        means.
3            (C) Information regarding the various individuals,
4        departments, or organizations to whom a student may
5        report a violation of the comprehensive policy,
6        specifying for each individual and entity (i) the
7        extent of the individual's or entity's reporting
8        obligation, (ii) the extent of the individual's or
9        entity's ability to protect the student's privacy, and
10        (iii) the extent of the individual's or entity's
11        ability to have confidential communications with the
12        student.
13            (D) An option for students to electronically
14        report.
15            (E) An option for students to anonymously report.
16            (F) An option for students to confidentially
17        report.
18            (G) An option for reports by third parties and
19        bystanders.
20        (3) The higher education institution's procedure for
21    responding to a report of an alleged incident of sexual
22    violence, domestic violence, dating violence, or stalking,
23    including without limitation (i) assisting and
24    interviewing the survivor, (ii) identifying and locating
25    witnesses, (iii) contacting and interviewing the
26    respondent, (iv) contacting and cooperating with law

 

 

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1    enforcement, when applicable, and (v) providing
2    information regarding the importance of preserving
3    physical evidence of the sexual violence and the
4    availability of a medical forensic examination at no charge
5    to the survivor.
6        (4) A statement of the higher education institution's
7    obligation to provide survivors with concise information,
8    written in plain language, concerning the survivor's
9    rights and options, upon receiving a report of an alleged
10    violation of the comprehensive policy, as described in
11    Section 15 of this Act.
12        (5) The name, address, and telephone number of the
13    medical facility nearest to each campus of the higher
14    education institution where a survivor may have a medical
15    forensic examination completed at no cost to the survivor,
16    pursuant to the Sexual Assault Survivors Emergency
17    Treatment Act.
18        (6) The name, telephone number, address, and website
19    URL, if available, of community-based, State, and national
20    sexual assault crisis centers.
21        (7) A statement notifying survivors of the interim
22    protective measures and accommodations reasonably
23    available from the higher education institution that a
24    survivor may request in response to an alleged violation of
25    the comprehensive policy, including without limitation
26    changes to academic, living, dining, transportation, and

 

 

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1    working situations, obtaining and enforcing campus no
2    contact orders, and honoring an order of protection or no
3    contact order entered by a State civil or criminal court.
4        (8) The higher education institution's complaint
5    resolution procedures if a student alleges violation of the
6    comprehensive violence policy, including, at a minimum,
7    the guidelines set forth in Section 25 of this Act.
8        (9) A statement of the range of sanctions the higher
9    education institution may impose following the
10    implementation of its complaint resolution procedures in
11    response to an alleged violation of the comprehensive
12    policy. Sanctions may include, but are not limited to,
13    suspension, expulsion, or removal of the student found,
14    after complaint resolution procedures, to be in violation
15    of the comprehensive policy of the higher education
16    institution.
17        (10) A statement of the higher education institution's
18    obligation to include an amnesty provision that provides
19    immunity to any student who reports, in good faith, an
20    alleged violation of the higher education institution's
21    comprehensive policy to a responsible employee, as defined
22    by federal law, so that the reporting student will not
23    receive a disciplinary sanction by the institution for a
24    student conduct violation, such as underage drinking or
25    possession or use of a controlled substance, that is
26    revealed in the course of such a report, unless the

 

 

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1    institution determines that the violation was egregious,
2    including without limitation an action that places the
3    health or safety of any other person at risk.
4        (11) A statement of the higher education institution's
5    prohibition on retaliation against those who, in good
6    faith, report or disclose an alleged violation of the
7    comprehensive policy, file a complaint, or otherwise
8    participate in the complaint resolution procedure and
9    available sanctions for individuals who engage in
10    retaliatory conduct.
11(Source: P.A. 99-426, eff. 8-21-15; 99-741, eff. 8-5-16.)
 
12    Section 10. The Liquor Control Act of 1934 is amended by
13changing Section 6-20 as follows:
 
14    (235 ILCS 5/6-20)  (from Ch. 43, par. 134a)
15    Sec. 6-20. Transfer, possession, and consumption of
16alcoholic liquor; restrictions.
17    (a) Any person to whom the sale, gift or delivery of any
18alcoholic liquor is prohibited because of age shall not
19purchase, or accept a gift of such alcoholic liquor or have
20such alcoholic liquor in his possession.
21    (b) If a licensee or his or her agents or employees
22believes or has reason to believe that a sale or delivery of
23any alcoholic liquor is prohibited because of the non-age of
24the prospective recipient, he or she shall, before making such

 

 

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1sale or delivery demand presentation of some form of positive
2identification, containing proof of age, issued by a public
3officer in the performance of his or her official duties.
4    (c) No person shall transfer, alter, or deface such an
5identification card; use the identification card of another;
6carry or use a false or forged identification card; or obtain
7an identification card by means of false information.
8    (d) No person shall purchase, accept delivery or have
9possession of alcoholic liquor in violation of this Section.
10    (e) The consumption of alcoholic liquor by any person under
1121 years of age is forbidden.
12    (f) Whoever violates any provisions of this Section shall
13be guilty of a Class A misdemeanor.
14    (g) The possession and dispensing, or consumption by a
15person under 21 years of age of alcoholic liquor in the
16performance of a religious service or ceremony, or the
17consumption by a person under 21 years of age under the direct
18supervision and approval of the parents or parent or those
19persons standing in loco parentis of such person under 21 years
20of age in the privacy of a home, is not prohibited by this Act.
21    (h) The provisions of this Act prohibiting the possession
22of alcoholic liquor by a person under 21 years of age and
23dispensing of alcoholic liquor to a person under 21 years of
24age do not apply in the case of a student under 21 years of age,
25but 18 years of age or older, who:
26        (1) tastes, but does not imbibe, alcoholic liquor only

 

 

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1    during times of a regularly scheduled course while under
2    the direct supervision of an instructor who is at least 21
3    years of age and employed by an educational institution
4    described in subdivision (2);
5        (2) is enrolled as a student in a college, university,
6    or post-secondary educational institution that is
7    accredited or certified by an agency recognized by the
8    United States Department of Education or a nationally
9    recognized accrediting agency or association, or that has a
10    permit of approval issued by the Board of Higher Education
11    pursuant to the Private Business and Vocational Schools Act
12    of 2012;
13        (3) is participating in a culinary arts, fermentation
14    science, food service, or restaurant management degree
15    program of which a portion of the program includes
16    instruction on responsible alcoholic beverage serving
17    methods modeled after the Beverage Alcohol Sellers and
18    Server Education and Training (BASSET) curriculum; and
19        (4) tastes, but does not imbibe, alcoholic liquor for
20    instructional purposes up to, but not exceeding, 6 times
21    per class as a part of a required course in which the
22    student temporarily possesses alcoholic liquor for
23    tasting, not imbibing, purposes only in a class setting on
24    the campus and, thereafter, the alcoholic liquor is
25    possessed and remains under the control of the instructor.
26    (i) A law enforcement officer may not charge or otherwise

 

 

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1take a person into custody based solely on the commission of an
2offense that involves alcohol and violates subsection (d) or
3(e) of this Section if the law enforcement officer, after
4making a reasonable determination and considering the facts and
5surrounding circumstances, reasonably believes that all of the
6following apply:
7        (1) The law enforcement officer has contact with the
8    person because that person either:
9            (A) requested emergency medical assistance for an
10        individual who reasonably appeared to be in need of
11        medical assistance due to alcohol consumption; or
12            (B) acted in concert with another person who
13        requested emergency medical assistance for an
14        individual who reasonably appeared to be in need of
15        medical assistance due to alcohol consumption;
16        however, the provisions of this subparagraph (B) shall
17        not apply to more than 3 persons acting in concert for
18        any one occurrence.
19        (2) The person described in subparagraph (A) or (B) of
20    paragraph (1) of this subsection (i):
21            (A) provided his or her full name and any other
22        relevant information requested by the law enforcement
23        officer;
24            (B) remained at the scene with the individual who
25        reasonably appeared to be in need of medical assistance
26        due to alcohol consumption until emergency medical

 

 

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1        assistance personnel arrived; and
2            (C) cooperated with emergency medical assistance
3        personnel and law enforcement officers at the scene.
4    (i-5) (1) In this subsection (i-5):
5        "Medical forensic services" has the meaning defined in
6    Section 1a of the Sexual Assault Survivors Emergency
7    Treatment Act.
8        "Sexual assault" means an act of sexual conduct or
9    sexual penetration, defined in Section 11-0.1 of the
10    Criminal Code of 2012, including, without limitation, acts
11    prohibited under Sections 11-1.20 through 11-1.60 of the
12    Criminal Code of 2012.
13        (2) A law enforcement officer may not charge or
14    otherwise take a person into custody based solely on the
15    commission of an offense that involves alcohol and violates
16    subsection (d) or (e) of this Section if the law
17    enforcement officer, after making a reasonable
18    determination and considering the facts and surrounding
19    circumstances, reasonably believes that all of the
20    following apply:
21            (A) The law enforcement officer has contact with
22        the person because the person:
23                (i) reported that he or she was sexually
24            assaulted;
25                (ii) reported a sexual assault of another
26            person or requested emergency medical assistance

 

 

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1            or medical forensic services for another person
2            who had been sexually assaulted; or
3                (iii) acted in concert with another person who
4            reported a sexual assault of another person or
5            requested emergency medical assistance or medical
6            forensic services for another person who had been
7            sexually assaulted; however, the provisions of
8            this item (iii) shall not apply to more than 3
9            persons acting in concert for any one occurrence.
10    The report of a sexual assault may have been made to a
11health care provider, to law enforcement, including the campus
12police or security department of an institution of higher
13education, or to the Title IX coordinator of an institution of
14higher education or another employee of the institution
15responsible for responding to reports of sexual assault under
16State or federal law.
17            (B) The person who reports the sexual assault:
18                (i) provided his or her full name;
19                (ii) remained at the scene until emergency
20            medical assistance personnel arrived, if emergency
21            medical assistance was summoned for the person who
22            was sexually assaulted and he or she cooperated
23            with emergency medical assistance personnel; and
24                (iii) cooperated with the agency or person to
25            whom the sexual assault was reported if he or she
26            witnessed or reported the sexual assault of

 

 

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1            another person.
2    (j) A person who meets the criteria of paragraphs (1) and
3(2) of subsection (i) of this Section or a person who meets the
4criteria of paragraph (2) of subsection (i-5) of this Section
5shall be immune from criminal liability for an offense under
6subsection (d) or (e) of this Section.
7    (k) A person may not initiate an action against a law
8enforcement officer based on the officer's compliance or
9failure to comply with subsection (i) or (i-5) of this Section,
10except for willful or wanton misconduct.
11(Source: P.A. 99-447, eff. 6-1-16; 99-795, eff. 8-12-16.)
 
12    Section 15. The Sexual Assault Survivors Emergency
13Treatment Act is amended by changing Sections 5 and 6.5 as
14follows:
 
15    (410 ILCS 70/5)  (from Ch. 111 1/2, par. 87-5)
16    Sec. 5. Minimum requirements for hospitals providing
17hospital emergency services and forensic services to sexual
18assault survivors.
19    (a) Every hospital providing hospital emergency services
20and forensic services to sexual assault survivors under this
21Act shall, as minimum requirements for such services, provide,
22with the consent of the sexual assault survivor, and as ordered
23by the attending physician, an advanced practice registered
24nurse, or a physician assistant, the following:

 

 

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1        (1) appropriate medical examinations and laboratory
2    tests required to ensure the health, safety, and welfare of
3    a sexual assault survivor or which may be used as evidence
4    in a criminal proceeding against a person accused of the
5    sexual assault, or both; and records of the results of such
6    examinations and tests shall be maintained by the hospital
7    and made available to law enforcement officials upon the
8    request of the sexual assault survivor;
9        (2) appropriate oral and written information
10    concerning the possibility of infection, sexually
11    transmitted disease and pregnancy resulting from sexual
12    assault;
13        (3) appropriate oral and written information
14    concerning accepted medical procedures, medication, and
15    possible contraindications of such medication available
16    for the prevention or treatment of infection or disease
17    resulting from sexual assault;
18        (3.5) after a medical evidentiary or physical
19    examination, access to a shower at no cost, unless
20    showering facilities are unavailable;
21        (4) an amount of medication for treatment at the
22    hospital and after discharge as is deemed appropriate by
23    the attending physician, an advanced practice registered
24    nurse, or a physician assistant and consistent with the
25    hospital's current approved protocol for sexual assault
26    survivors;

 

 

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1        (5) an evaluation of the sexual assault survivor's risk
2    of contracting human immunodeficiency virus (HIV) from the
3    sexual assault;
4        (6) written and oral instructions indicating the need
5    for follow-up examinations and laboratory tests after the
6    sexual assault to determine the presence or absence of
7    sexually transmitted disease;
8        (7) referral by hospital personnel for appropriate
9    counseling; and
10        (8) when HIV prophylaxis is deemed appropriate, an
11    initial dose or doses of HIV prophylaxis, along with
12    written and oral instructions indicating the importance of
13    timely follow-up healthcare.
14    (b) Any person who is a sexual assault survivor who seeks
15emergency hospital services and forensic services or follow-up
16healthcare under this Act shall be provided such services
17without the consent of any parent, guardian, custodian,
18surrogate, or agent.
19    (b-5) Every treating hospital providing hospital emergency
20and forensic services to sexual assault survivors shall issue a
21voucher to any sexual assault survivor who is eligible to
22receive one. The hospital shall make a copy of the voucher and
23place it in the medical record of the sexual assault survivor.
24The hospital shall provide a copy of the voucher to the sexual
25assault survivor after discharge upon request.
26    (c) Nothing in this Section creates a physician-patient

 

 

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1relationship that extends beyond discharge from the hospital
2emergency department.
3(Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16;
499-642, eff. 7-28-16; 100-513, eff. 1-1-18.)
 
5    (410 ILCS 70/6.5)
6    Sec. 6.5. Written consent to the release of sexual assault
7evidence for testing.
8    (a) Upon the completion of hospital emergency services and
9forensic services, the health care professional providing the
10forensic services shall provide the patient the opportunity to
11sign a written consent to allow law enforcement to submit the
12sexual assault evidence for testing. The written consent shall
13be on a form included in the sexual assault evidence collection
14kit and shall include whether the survivor consents to the
15release of information about the sexual assault to law
16enforcement.
17        (1) A survivor 13 years of age or older may sign the
18    written consent to release the evidence for testing.
19        (2) If the survivor is a minor who is under 13 years of
20    age, the written consent to release the sexual assault
21    evidence for testing may be signed by the parent, guardian,
22    investigating law enforcement officer, or Department of
23    Children and Family Services.
24        (3) If the survivor is an adult who has a guardian of
25    the person, a health care surrogate, or an agent acting

 

 

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1    under a health care power of attorney, the consent of the
2    guardian, surrogate, or agent is not required to release
3    evidence and information concerning the sexual assault or
4    sexual abuse. If the adult is unable to provide consent for
5    the release of evidence and information and a guardian,
6    surrogate, or agent under a health care power of attorney
7    is unavailable or unwilling to release the information,
8    then an investigating law enforcement officer may
9    authorize the release.
10        (4) Any health care professional, including any
11    physician, advanced practice registered nurse, physician
12    assistant, or nurse, sexual assault nurse examiner, and any
13    health care institution, including any hospital, who
14    provides evidence or information to a law enforcement
15    officer under a written consent as specified in this
16    Section is immune from any civil or professional liability
17    that might arise from those actions, with the exception of
18    willful or wanton misconduct. The immunity provision
19    applies only if all of the requirements of this Section are
20    met.
21    (b) The hospital shall keep a copy of a signed or unsigned
22written consent form in the patient's medical record.
23    (c) If a written consent to allow law enforcement to test
24the sexual assault evidence is not signed at the completion of
25hospital emergency services and forensic services, the
26hospital shall include the following information in its

 

 

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1discharge instructions:
2        (1) the sexual assault evidence will be stored for 10 5
3    years from the completion of an Illinois State Police
4    Sexual Assault Evidence Collection Kit, or 10 5 years from
5    the age of 18 years, whichever is longer;
6        (2) a person authorized to consent to the testing of
7    the sexual assault evidence may sign a written consent to
8    allow law enforcement to test the sexual assault evidence
9    at any time during that 10-year 5-year period for an adult
10    victim, or until a minor victim turns 28 23 years of age by
11    (A) contacting the law enforcement agency having
12    jurisdiction, or if unknown, the law enforcement agency
13    contacted by the hospital under Section 3.2 of the Criminal
14    Identification Act; or (B) by working with an advocate at a
15    rape crisis center;
16        (3) the name, address, and phone number of the law
17    enforcement agency having jurisdiction, or if unknown the
18    name, address, and phone number of the law enforcement
19    agency contacted by the hospital under Section 3.2 of the
20    Criminal Identification Act; and
21        (4) the name and phone number of a local rape crisis
22    center.
23(Source: P.A. 99-801, eff. 1-1-17; 100-513, eff. 1-1-18.)
 
24    Section 20. The Criminal Code of 2012 is amended by
25changing Section 3-6 as follows:
 

 

 

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1    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
2    Sec. 3-6. Extended limitations. The period within which a
3prosecution must be commenced under the provisions of Section
43-5 or other applicable statute is extended under the following
5conditions:
6    (a) A prosecution for theft involving a breach of a
7fiduciary obligation to the aggrieved person may be commenced
8as follows:
9        (1) If the aggrieved person is a minor or a person
10    under legal disability, then during the minority or legal
11    disability or within one year after the termination
12    thereof.
13        (2) In any other instance, within one year after the
14    discovery of the offense by an aggrieved person, or by a
15    person who has legal capacity to represent an aggrieved
16    person or has a legal duty to report the offense, and is
17    not himself or herself a party to the offense; or in the
18    absence of such discovery, within one year after the proper
19    prosecuting officer becomes aware of the offense. However,
20    in no such case is the period of limitation so extended
21    more than 3 years beyond the expiration of the period
22    otherwise applicable.
23    (b) A prosecution for any offense based upon misconduct in
24office by a public officer or employee may be commenced within
25one year after discovery of the offense by a person having a

 

 

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1legal duty to report such offense, or in the absence of such
2discovery, within one year after the proper prosecuting officer
3becomes aware of the offense. However, in no such case is the
4period of limitation so extended more than 3 years beyond the
5expiration of the period otherwise applicable.
6    (b-5) When the victim is under 18 years of age at the time
7of the offense, a prosecution for involuntary servitude,
8involuntary sexual servitude of a minor, or trafficking in
9persons and related offenses under Section 10-9 of this Code
10may be commenced within 25 years of the victim attaining the
11age of 18 years.
12    (c) (Blank).
13    (d) A prosecution for child pornography, aggravated child
14pornography, indecent solicitation of a child, soliciting for a
15juvenile prostitute, juvenile pimping, exploitation of a
16child, or promoting juvenile prostitution except for keeping a
17place of juvenile prostitution may be commenced within one year
18of the victim attaining the age of 18 years. However, in no
19such case shall the time period for prosecution expire sooner
20than 3 years after the commission of the offense.
21    (e) Except as otherwise provided in subdivision (j), a
22prosecution for any offense involving sexual conduct or sexual
23penetration, as defined in Section 11-0.1 of this Code, where
24the defendant was within a professional or fiduciary
25relationship or a purported professional or fiduciary
26relationship with the victim at the time of the commission of

 

 

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1the offense may be commenced within one year after the
2discovery of the offense by the victim.
3    (f) A prosecution for any offense set forth in Section 44
4of the "Environmental Protection Act", approved June 29, 1970,
5as amended, may be commenced within 5 years after the discovery
6of such an offense by a person or agency having the legal duty
7to report the offense or in the absence of such discovery,
8within 5 years after the proper prosecuting officer becomes
9aware of the offense.
10    (f-5) A prosecution for any offense set forth in Section
1116-30 of this Code may be commenced within 5 years after the
12discovery of the offense by the victim of that offense.
13    (g) (Blank).
14    (h) (Blank).
15    (i) Except as otherwise provided in subdivision (j), a
16prosecution for criminal sexual assault, aggravated criminal
17sexual assault, or aggravated criminal sexual abuse may be
18commenced within 10 years of the commission of the offense if
19the victim reported the offense to law enforcement authorities
20within 3 years after the commission of the offense. If the
21victim consented to the collection of evidence using an
22Illinois State Police Sexual Assault Evidence Collection Kit
23under the Sexual Assault Survivors Emergency Treatment Act, it
24shall constitute reporting for purposes of this Section.
25    Nothing in this subdivision (i) shall be construed to
26shorten a period within which a prosecution must be commenced

 

 

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1under any other provision of this Section.
2    (i-5) A prosecution for armed robbery, home invasion,
3kidnapping, or aggravated kidnaping may be commenced within 10
4years of the commission of the offense if it arises out of the
5same course of conduct and meets the criteria under one of the
6offenses in subsection (i) of this Section.
7    (j) (1) When the victim is under 18 years of age at the
8time of the offense, a prosecution for criminal sexual assault,
9aggravated criminal sexual assault, predatory criminal sexual
10assault of a child, aggravated criminal sexual abuse, or felony
11criminal sexual abuse may be commenced at any time.
12    (2) When the victim is under 18 years of age at the time of
13the offense, a prosecution for failure of a person who is
14required to report an alleged or suspected commission of
15criminal sexual assault, aggravated criminal sexual assault,
16predatory criminal sexual assault of a child, aggravated
17criminal sexual abuse, or felony criminal sexual abuse under
18the Abused and Neglected Child Reporting Act may be commenced
19within 20 years after the child victim attains 18 years of age.
20    (3) When the victim is under 18 years of age at the time of
21the offense, a prosecution for misdemeanor criminal sexual
22abuse may be commenced within 10 years after the child victim
23attains 18 years of age.
24    (4) Nothing in this subdivision (j) shall be construed to
25shorten a period within which a prosecution must be commenced
26under any other provision of this Section.

 

 

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1    (j-5) A prosecution for armed robbery, home invasion,
2kidnapping, or aggravated kidnaping may be commenced at any
3time if it arises out of the same course of conduct and meets
4the criteria under one of the offenses in subsection (j) of
5this Section.
6    (k) (Blank).
7    (l) A prosecution for any offense set forth in Section 26-4
8of this Code may be commenced within one year after the
9discovery of the offense by the victim of that offense.
10    (m) The prosecution shall not be required to prove at trial
11facts which extend the general limitations in Section 3-5 of
12this Code when the facts supporting extension of the period of
13general limitations are properly pled in the charging document.
14Any challenge relating to the extension of the general
15limitations period as defined in this Section shall be
16exclusively conducted under Section 114-1 of the Code of
17Criminal Procedure of 1963.
18(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16;
19100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff.
201-1-18; revised 10-5-17.)
 
21    Section 25. The Illinois Controlled Substances Act is
22amended by adding Section 415 as follows:
 
23    (720 ILCS 570/415 new)
24    Sec. 415. Use, possession, and consumption of a controlled

 

 

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1substance related to sexual assault; limited immunity from
2prosecution.
3    (a) In this Section:
4        "Medical forensic services" has the meaning defined in
5    Section 1a of the Sexual Assault Survivors Emergency
6    Treatment Act.
7        "Sexual assault" means an act of sexual conduct or
8    sexual penetration, defined in Section 11-0.1 of the
9    Criminal Code of 2012, including, without limitation, acts
10    prohibited under Sections 11-1.20 through 11-1.60 of the
11    Criminal Code of 2012.
12    (b) A person who is a victim of a sexual assault shall not
13be charged or prosecuted for Class 4 felony possession of a
14controlled, counterfeit, or look-alike substance or a
15controlled substance analog:
16        (1) if evidence for the Class 4 felony possession
17    charge was acquired as a result of the person reporting the
18    sexual assault to law enforcement, or seeking or obtaining
19    emergency medical assistance or medical forensic services;
20    and
21        (2) provided the amount of substance recovered is
22    within the amount identified in subsection (d) of this
23    Section.
24    (c) A person who, in good faith, reports to law enforcement
25the commission of a sexual assault against another person or
26seeks or obtains emergency medical assistance or medical

 

 

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1forensic services for a victim of sexual assault shall not be
2charged or prosecuted for Class 4 felony possession of a
3controlled, counterfeit, or look-alike substance or a
4controlled substance analog:
5        (1) if evidence for the Class 4 felony possession
6    charge was acquired as a result of the person seeking or
7    obtaining emergency medical assistance or medical forensic
8    services; and
9        (2) provided the amount of substance recovered is
10    within the amount identified in subsection (d) of this
11    Section.
12    (d) For the purposes of subsections (b) and (c) of this
13Section, the limited immunity shall only apply to a person
14possessing the following amount:
15        (1) less than 3 grams of a substance containing heroin;
16        (2) less than 3 grams of a substance containing
17    cocaine;
18        (3) less than 3 grams of a substance containing
19    morphine;
20        (4) less than 40 grams of a substance containing
21    peyote;
22        (5) less than 40 grams of a substance containing a
23    derivative of barbituric acid or any of the salts of a
24    derivative of barbituric acid;
25        (6) less than 40 grams of a substance containing
26    amphetamine or any salt of an optical isomer of

 

 

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1    amphetamine;
2        (7) less than 3 grams of a substance containing
3    lysergic acid diethylamide (LSD), or an analog thereof;
4        (8) less than 6 grams of a substance containing
5    pentazocine or any of the salts, isomers and salts of
6    isomers of pentazocine, or an analog thereof;
7        (9) less than 6 grams of a substance containing
8    methaqualone or any of the salts, isomers and salts of
9    isomers of methaqualone;
10        (10) less than 6 grams of a substance containing
11    phencyclidine or any of the salts, isomers and salts of
12    isomers of phencyclidine (PCP);
13        (11) less than 6 grams of a substance containing
14    ketamine or any of the salts, isomers and salts of isomers
15    of ketamine; or
16        (12) less than 40 grams of a substance containing a
17    substance classified as a narcotic drug in Schedules I or
18    II, or an analog thereof, which is not otherwise included
19    in this subsection (d).
20    (e) The limited immunity described in subsections (b) and
21(c) of this Section shall not be extended if law enforcement
22has reasonable suspicion or probable cause to detain, arrest,
23or search the person described in subsection (b) or (c) of this
24Section for criminal activity and the reasonable suspicion or
25probable cause is based on information obtained prior to or
26independent of the person described in subsection (b) or (c) of

 

 

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1this Section taking action to report a sexual assault to law
2enforcement or to seek or obtain emergency medical assistance
3or medical forensic services and not obtained as a direct
4result of the action of seeking or obtaining emergency medical
5assistance or medical forensic services. Nothing in this
6Section is intended to interfere with or prevent the
7investigation, arrest, or prosecution of any person for the
8delivery or distribution of cannabis, methamphetamine, or
9other controlled substances, drug-induced homicide, or any
10other crime.
 
11    Section 30. The Rights of Crime Victims and Witnesses Act
12is amended by changing Section 4 and by adding Section 4.6 as
13follows:
 
14    (725 ILCS 120/4)  (from Ch. 38, par. 1404)
15    Sec. 4. Rights of crime victims.
16    (a) Crime victims shall have the following rights:
17        (1) The right to be treated with fairness and respect
18    for their dignity and privacy and to be free from
19    harassment, intimidation, and abuse throughout the
20    criminal justice process.
21        (1.5) The right to notice and to a hearing before a
22    court ruling on a request for access to any of the victim's
23    records, information, or communications which are
24    privileged or confidential by law.

 

 

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1        (2) The right to timely notification of all court
2    proceedings.
3        (3) The right to communicate with the prosecution.
4        (4) The right to be heard at any post-arraignment court
5    proceeding in which a right of the victim is at issue and
6    any court proceeding involving a post-arraignment release
7    decision, plea, or sentencing.
8        (5) The right to be notified of the conviction, the
9    sentence, the imprisonment and the release of the accused.
10        (6) The right to the timely disposition of the case
11    following the arrest of the accused.
12        (7) The right to be reasonably protected from the
13    accused through the criminal justice process.
14        (7.5) The right to have the safety of the victim and
15    the victim's family considered in denying or fixing the
16    amount of bail, determining whether to release the
17    defendant, and setting conditions of release after arrest
18    and conviction.
19        (8) The right to be present at the trial and all other
20    court proceedings on the same basis as the accused, unless
21    the victim is to testify and the court determines that the
22    victim's testimony would be materially affected if the
23    victim hears other testimony at the trial.
24        (9) The right to have present at all court proceedings,
25    including proceedings under the Juvenile Court Act of 1987,
26    subject to the rules of evidence, an advocate and other

 

 

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1    support person of the victim's choice.
2        (10) The right to restitution.
3    (b) Any law enforcement agency that investigates an offense
4committed in this State shall provide a crime victim with a
5written statement and explanation of the rights of crime
6victims under this amendatory Act of the 99th General Assembly
7within 48 hours of law enforcement's initial contact with a
8victim. The statement shall include information about crime
9victim compensation, including how to contact the Office of the
10Illinois Attorney General to file a claim, and appropriate
11referrals to local and State programs that provide victim
12services. The content of the statement shall be provided to law
13enforcement by the Attorney General. Law enforcement shall also
14provide a crime victim with a sign-off sheet that the victim
15shall sign and date as an acknowledgement that he or she has
16been furnished with information and an explanation of the
17rights of crime victims and compensation set forth in this Act.
18    (b-5) Upon the request of the victim, the law enforcement
19agency having jurisdiction shall provide a free copy of the
20police report concerning the victim's incident, as soon as
21practicable, but in no event later than 5 business days from
22the request.
23    (c) The Clerk of the Circuit Court shall post the rights of
24crime victims set forth in Article I, Section 8.1(a) of the
25Illinois Constitution and subsection (a) of this Section within
263 feet of the door to any courtroom where criminal proceedings

 

 

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1are conducted. The clerk may also post the rights in other
2locations in the courthouse.
3    (d) At any point, the victim has the right to retain a
4victim's attorney who may be present during all stages of any
5interview, investigation, or other interaction with
6representatives of the criminal justice system. Treatment of
7the victim should not be affected or altered in any way as a
8result of the victim's decision to exercise this right.
9(Source: P.A. 99-413, eff. 8-20-15.)
 
10    (725 ILCS 120/4.6 new)
11    Sec. 4.6. Advocates; support person.
12    (a) A crime victim has a right to have an advocate present
13during any medical evidentiary or physical examination, unless
14no advocate can be summoned in a reasonably timely manner. The
15victim also has the right to have an additional person present
16for support during any medical evidentiary or physical
17examination.
18    (b) A victim retains the rights prescribed in subsection
19(a) of this Section even if the victim has waived these rights
20in a previous examination.
 
21    Section 35. The Sexual Assault Incident Procedure Act is
22amended by changing Sections 25 and 30 as follows:
 
23    (725 ILCS 203/25)

 

 

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1    Sec. 25. Report; victim notice.
2    (a) At the time of first contact with the victim, law
3enforcement shall:
4        (1) Advise the victim about the following by providing
5    a form, the contents of which shall be prepared by the
6    Office of the Attorney General and posted on its website,
7    written in a language appropriate for the victim or in
8    Braille, or communicating in appropriate sign language
9    that includes, but is not limited to:
10            (A) information about seeking medical attention
11        and preserving evidence, including specifically,
12        collection of evidence during a medical forensic
13        examination at a hospital and photographs of injury and
14        clothing;
15            (B) notice that the victim will not be charged for
16        hospital emergency and medical forensic services;
17            (C) information advising the victim that evidence
18        can be collected at the hospital up to 7 days after the
19        sexual assault or sexual abuse but that the longer the
20        victim waits the likelihood of obtaining evidence
21        decreases;
22            (C-5) notice that the sexual assault forensic
23        evidence collected will not be used to prosecute the
24        victim for any offense related to the use of alcohol,
25        cannabis, or a controlled substance;
26            (D) the location of nearby hospitals that provide

 

 

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1        emergency medical and forensic services and, if known,
2        whether the hospitals employ any sexual assault nurse
3        examiners;
4            (E) a summary of the procedures and relief
5        available to victims of sexual assault or sexual abuse
6        under the Civil No Contact Order Act or the Illinois
7        Domestic Violence Act of 1986;
8            (F) the law enforcement officer's name and badge
9        number;
10            (G) at least one referral to an accessible service
11        agency and information advising the victim that rape
12        crisis centers can assist with obtaining civil no
13        contact orders and orders of protection; and
14            (H) if the sexual assault or sexual abuse occurred
15        in another jurisdiction, provide in writing the
16        address and phone number of a specific contact at the
17        law enforcement agency having jurisdiction.
18        (2) Offer to provide or arrange accessible
19    transportation for the victim to a hospital for emergency
20    and forensic services, including contacting emergency
21    medical services.
22        (3) Offer to provide or arrange accessible
23    transportation for the victim to the nearest available
24    circuit judge or associate judge so the victim may file a
25    petition for an emergency civil no contact order under the
26    Civil No Contact Order Act or an order of protection under

 

 

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1    the Illinois Domestic Violence Act of 1986 after the close
2    of court business hours, if a judge is available.
3    (b) At the time of the initial contact with a person making
4a third-party report under Section 22 of this Act, a law
5enforcement officer shall provide the written information
6prescribed under paragraph (1) of subsection (a) of this
7Section to the person making the report and request the person
8provide the written information to the victim of the sexual
9assault or sexual abuse.
10    (c) If the first contact with the victim occurs at a
11hospital, a law enforcement officer may request the hospital
12provide interpretive services.
13(Source: P.A. 99-801, eff. 1-1-17.)
 
14    (725 ILCS 203/30)
15    Sec. 30. Release and storage of sexual assault evidence.
16    (a) A law enforcement agency having jurisdiction that is
17notified by a hospital or another law enforcement agency that a
18victim of a sexual assault or sexual abuse has received a
19medical forensic examination and has completed an Illinois
20State Police Sexual Assault Evidence Collection Kit shall take
21custody of the sexual assault evidence as soon as practicable,
22but in no event more than 5 days after the completion of the
23medical forensic examination.
24    (a-5) A State's Attorney who is notified under subsection
25(d) of Section 6.6 of the Sexual Assault Survivors Emergency

 

 

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1Treatment Act that a hospital is in possession of sexual
2assault evidence shall, within 72 hours, contact the
3appropriate law enforcement agency to request that the law
4enforcement agency take immediate physical custody of the
5sexual assault evidence.
6    (b) The written report prepared under Section 20 of this
7Act shall include the date and time the sexual assault evidence
8was picked up from the hospital and the date and time the
9sexual assault evidence was sent to the laboratory in
10accordance with the Sexual Assault Evidence Submission Act.
11    (c) If the victim of a sexual assault or sexual abuse or a
12person authorized under Section 6.5 of the Sexual Assault
13Survivors Emergency Treatment Act has consented to allow law
14enforcement to test the sexual assault evidence, the law
15enforcement agency having jurisdiction shall submit the sexual
16assault evidence for testing in accordance with the Sexual
17Assault Evidence Submission Act. No law enforcement agency
18having jurisdiction may refuse or fail to send sexual assault
19evidence for testing that the victim has released for testing.
20    (d) A victim shall have 10 5 years from the completion of
21an Illinois State Police Sexual Assault Evidence Collection
22Kit, or 10 5 years from the age of 18 years, whichever is
23longer, to sign a written consent to release the sexual assault
24evidence to law enforcement for testing. If the victim or a
25person authorized under Section 6.5 of the Sexual Assault
26Survivors Emergency Treatment Act does not sign the written

 

 

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1consent at the completion of the medical forensic examination,
2the victim or person authorized by Section 6.5 of the Sexual
3Assault Survivors Emergency Treatment Act may sign the written
4release at the law enforcement agency having jurisdiction, or
5in the presence of a sexual assault advocate who may deliver
6the written release to the law enforcement agency having
7jurisdiction. The victim may also provide verbal consent to the
8law enforcement agency having jurisdiction and shall verify the
9verbal consent via email or fax. Upon receipt of written or
10verbal consent, the law enforcement agency having jurisdiction
11shall submit the sexual assault evidence for testing in
12accordance with the Sexual Assault Evidence Submission Act. No
13law enforcement agency having jurisdiction may refuse or fail
14to send the sexual assault evidence for testing that the victim
15has released for testing.
16    (e) The law enforcement agency having jurisdiction who
17speaks to a victim who does not sign a written consent to
18release the sexual assault evidence prior to discharge from the
19hospital shall provide a written notice to the victim that
20contains the following information:
21        (1) where the sexual assault evidence will be stored
22    for 10 5 years;
23        (2) notice that the victim may sign a written release
24    to test the sexual assault evidence at any time during the
25    10-year 5-year period by contacting the law enforcement
26    agency having jurisdiction or working with a sexual assault

 

 

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1    advocate;
2        (3) the name, phone number, and email address of the
3    law enforcement agency having jurisdiction; and
4        (4) the name and phone number of a local rape crisis
5    center.
6    Each law enforcement agency shall develop a protocol for
7providing this information to victims as part of the written
8policies required in subsection (a) of Section 15 of this Act.
9    (f) A law enforcement agency must develop a protocol for
10responding to victims who want to sign a written consent to
11release the sexual assault evidence and to ensure that victims
12who want to be notified or have a designee notified prior to
13the end of the 10-year 5-year period are provided notice.
14    (g) Nothing in this Section shall be construed as limiting
15the storage period to 10 5 years. A law enforcement agency
16having jurisdiction may adopt a storage policy that provides
17for a period of time exceeding 10 5 years. If a longer period
18of time is adopted, the law enforcement agency having
19jurisdiction shall notify the victim or designee in writing of
20the longer storage period.
21(Source: P.A. 99-801, eff. 1-1-17.)