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Public Act 100-1087 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Preventing Sexual Violence in Higher | ||||
Education Act is amended by changing Section 10 as follows: | ||||
(110 ILCS 155/10)
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Sec. 10. Comprehensive policy. On or before August 1, 2016, | ||||
all higher education institutions shall adopt a comprehensive | ||||
policy concerning sexual violence, domestic violence, dating | ||||
violence, and stalking consistent with governing federal and | ||||
State law. The higher education institution's comprehensive | ||||
policy shall include, at a minimum, all of the following | ||||
components: | ||||
(1) A definition of consent that, at a minimum, | ||||
recognizes that (i) consent is a freely given agreement to | ||||
sexual activity, (ii) a person's lack of verbal or physical | ||||
resistance or submission resulting from the use or threat | ||||
of force does not constitute consent, (iii) a person's | ||||
manner of dress does not constitute consent, (iv) a | ||||
person's consent to past sexual activity does not | ||||
constitute consent to future sexual activity, (v) a | ||||
person's consent to engage in sexual activity with one | ||||
person does not constitute consent to engage in sexual |
activity with another, (vi) a person can withdraw consent | ||
at any time, and (vii) a person cannot consent to sexual | ||
activity if that person is unable to understand the nature | ||
of the activity or give knowing consent due to | ||
circumstances, including without limitation the following: | ||
(A) the person is incapacitated due to the use or | ||
influence of alcohol or drugs; | ||
(B) the person is asleep or unconscious; | ||
(C) the person is under age; or | ||
(D) the person is incapacitated due to a mental | ||
disability. | ||
Nothing in this Section prevents a higher education | ||
institution from defining consent in a more demanding | ||
manner. | ||
(2) Procedures that students of the higher education | ||
institution may follow if they choose to report an alleged | ||
violation of the comprehensive policy, regardless of where | ||
the incident of sexual violence, domestic violence, dating | ||
violence, or stalking occurred, including all of the | ||
following: | ||
(A) Name and contact information for the Title IX | ||
coordinator, campus law enforcement or security, local | ||
law enforcement, and the community-based sexual | ||
assault crisis center. | ||
(B) The name, title, and contact information for | ||
confidential advisors and other confidential resources |
and a description of what confidential reporting | ||
means. | ||
(C) Information regarding the various individuals, | ||
departments, or organizations to whom a student may | ||
report a violation of the comprehensive policy, | ||
specifying for each individual and entity (i) the | ||
extent of the individual's or entity's reporting | ||
obligation, (ii) the extent of the individual's or | ||
entity's ability to protect the student's privacy, and | ||
(iii) the extent of the individual's or entity's | ||
ability to have confidential communications with the | ||
student. | ||
(D) An option for students to electronically | ||
report. | ||
(E) An option for students to anonymously report. | ||
(F) An option for students to confidentially | ||
report. | ||
(G) An option for reports by third parties and | ||
bystanders. | ||
(3) The higher education institution's procedure for | ||
responding to a report of an alleged incident of sexual | ||
violence, domestic violence, dating violence, or stalking, | ||
including without limitation (i) assisting and | ||
interviewing the survivor, (ii) identifying and locating | ||
witnesses, (iii) contacting and interviewing the | ||
respondent, (iv) contacting and cooperating with law |
enforcement, when applicable, and (v) providing | ||
information regarding the importance of preserving | ||
physical evidence of the sexual violence and the | ||
availability of a medical forensic examination at no charge | ||
to the survivor. | ||
(4) A statement of the higher education institution's | ||
obligation to provide survivors with concise information, | ||
written in plain language, concerning the survivor's | ||
rights and options, upon receiving a report of an alleged | ||
violation of the comprehensive policy, as described in | ||
Section 15 of this Act. | ||
(5) The name, address, and telephone number of the | ||
medical facility nearest to each campus of the higher | ||
education institution where a survivor may have a medical | ||
forensic examination completed at no cost to the survivor, | ||
pursuant to the Sexual Assault Survivors Emergency | ||
Treatment Act. | ||
(6) The name, telephone number, address, and website | ||
URL, if available, of community-based, State, and national | ||
sexual assault crisis centers. | ||
(7) A statement notifying survivors of the interim | ||
protective
measures and accommodations reasonably | ||
available from the
higher education institution that a | ||
survivor may request in
response to an alleged violation of | ||
the comprehensive
policy, including without limitation | ||
changes to academic,
living, dining, transportation, and |
working situations,
obtaining and enforcing campus no | ||
contact orders, and
honoring an order of protection or no | ||
contact order entered
by a State civil or criminal court. | ||
(8) The higher education institution's complaint | ||
resolution procedures if a student alleges violation of the | ||
comprehensive violence policy, including, at a minimum, | ||
the guidelines set forth in Section 25 of this Act. | ||
(9) A statement of the range of sanctions the higher | ||
education institution may impose following the | ||
implementation of its complaint resolution procedures in | ||
response to an alleged violation of the comprehensive | ||
policy. Sanctions may include, but are not limited to, | ||
suspension, expulsion, or removal of the student found, | ||
after complaint resolution procedures, to be in violation | ||
of the comprehensive policy of the higher education | ||
institution. | ||
(10) A statement of the higher education institution's | ||
obligation to include an amnesty provision that provides | ||
immunity to any student who reports, in good faith, an | ||
alleged violation of the higher education institution's | ||
comprehensive policy to a responsible employee, as defined | ||
by federal law, so that the reporting student will not | ||
receive a disciplinary sanction by the institution for a | ||
student conduct violation, such as underage drinking or | ||
possession or use of a controlled substance , that is | ||
revealed in the course of such a report, unless the |
institution determines that the violation was egregious, | ||
including without limitation an action that places the | ||
health or safety of any other person at risk. | ||
(11) A statement of the higher education institution's | ||
prohibition on retaliation against those who, in good | ||
faith, report or disclose an alleged violation of the | ||
comprehensive policy, file a complaint, or otherwise | ||
participate in the complaint resolution procedure and | ||
available sanctions for individuals who engage in | ||
retaliatory conduct.
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(Source: P.A. 99-426, eff. 8-21-15; 99-741, eff. 8-5-16.) | ||
Section 10. The Liquor Control Act of 1934 is amended by | ||
changing Section 6-20 as follows:
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(235 ILCS 5/6-20) (from Ch. 43, par. 134a)
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Sec. 6-20. Transfer, possession, and consumption of | ||
alcoholic liquor; restrictions.
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(a) Any person to whom the sale, gift or delivery of any | ||
alcoholic
liquor is prohibited because of age shall not | ||
purchase, or accept a gift of
such alcoholic liquor or have | ||
such alcoholic liquor in his possession.
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(b) If a licensee or his or her agents or employees | ||
believes or has reason to
believe that a sale or delivery of | ||
any alcoholic liquor is prohibited
because of the non-age of | ||
the prospective recipient, he or she shall,
before
making such |
sale or delivery demand presentation of some form of
positive | ||
identification, containing proof of age, issued by a public
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officer in the performance of his or her official duties.
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(c) No person shall transfer, alter, or deface such an | ||
identification
card; use the identification card of another; | ||
carry or use a false or
forged identification card; or obtain | ||
an identification card by means of
false information. | ||
(d) No person shall purchase, accept delivery or have
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possession of alcoholic liquor in violation of this Section. | ||
(e) The
consumption of alcoholic liquor by any person under | ||
21 years of age is
forbidden. | ||
(f) Whoever violates any provisions of this Section shall | ||
be
guilty of a Class A misdemeanor.
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(g) The possession and dispensing, or consumption by a | ||
person under 21 years
of age of alcoholic liquor in the | ||
performance of a religious
service or ceremony, or the | ||
consumption by a person under 21 years of
age under the direct | ||
supervision and approval of the parents
or parent or those | ||
persons standing in loco parentis of such person
under 21 years | ||
of age in the privacy of a home, is not
prohibited by this Act.
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(h) The provisions of this Act prohibiting the possession | ||
of alcoholic liquor by a person under 21 years
of age and | ||
dispensing of alcoholic liquor to a person under 21 years
of | ||
age do not apply in the case of a student under 21 years
of age, | ||
but 18 years of age or older, who: | ||
(1) tastes, but does not imbibe, alcoholic liquor only |
during times of a regularly scheduled course while under | ||
the direct
supervision of an instructor who is at least 21 | ||
years of age and
employed by an educational institution | ||
described in subdivision (2); | ||
(2) is enrolled as a student in a college, university, | ||
or post-secondary educational institution that is | ||
accredited or certified by an agency recognized by the | ||
United States Department of Education or a nationally | ||
recognized accrediting agency or association, or that has a | ||
permit of approval issued by the Board of Higher Education | ||
pursuant to the
Private Business and Vocational Schools Act | ||
of 2012; | ||
(3) is participating in a culinary arts, fermentation | ||
science, food service, or restaurant management
degree | ||
program of which a portion of the program includes | ||
instruction on responsible alcoholic beverage serving | ||
methods modeled after the Beverage Alcohol Sellers and | ||
Server Education and Training (BASSET) curriculum; and | ||
(4) tastes, but does not imbibe, alcoholic liquor for | ||
instructional
purposes up to, but not exceeding, 6 times | ||
per class as a part of a required course in which the | ||
student temporarily possesses alcoholic liquor for | ||
tasting, not imbibing, purposes only in a class setting on | ||
the campus and, thereafter, the alcoholic liquor is | ||
possessed and remains under the control of the instructor. | ||
(i) A law enforcement officer may not charge or otherwise |
take a person into custody based solely on the commission of an | ||
offense that involves alcohol and violates subsection (d) or | ||
(e) of this Section if the law enforcement officer, after | ||
making a reasonable determination and considering the facts and | ||
surrounding circumstances, reasonably believes that all of the | ||
following apply: | ||
(1) The law enforcement officer has contact with the | ||
person because that person either: | ||
(A) requested emergency medical assistance for an | ||
individual who reasonably appeared to be in need of | ||
medical assistance due to alcohol consumption; or | ||
(B) acted in concert with another person who | ||
requested emergency medical assistance for an | ||
individual who reasonably appeared to be in need of | ||
medical assistance due to alcohol consumption; | ||
however, the provisions of this subparagraph (B) shall | ||
not apply to more than 3 persons acting in concert for | ||
any one occurrence. | ||
(2) The person described in subparagraph (A) or (B) of | ||
paragraph (1) of this subsection (i): | ||
(A) provided his or her full name and any other | ||
relevant information requested by the law enforcement | ||
officer; | ||
(B) remained at the scene with the individual who | ||
reasonably appeared to be in need of medical assistance | ||
due to alcohol consumption until emergency medical |
assistance personnel arrived; and | ||
(C) cooperated with emergency medical assistance | ||
personnel and law enforcement officers at the scene. | ||
(i-5) (1) In this subsection (i-5): | ||
"Medical forensic services" has the meaning defined in | ||
Section 1a of the Sexual Assault Survivors Emergency | ||
Treatment Act. | ||
"Sexual assault" means an act of sexual conduct or | ||
sexual penetration, defined in Section 11-0.1 of the | ||
Criminal Code of 2012, including, without limitation, acts | ||
prohibited under Sections 11-1.20 through 11-1.60 of the | ||
Criminal Code of 2012. | ||
(2) A law enforcement officer may not charge or | ||
otherwise take a person into custody based solely on the | ||
commission of an offense that involves alcohol and violates | ||
subsection (d) or (e) of this Section if the law | ||
enforcement officer, after making a reasonable | ||
determination and considering the facts and surrounding | ||
circumstances, reasonably believes that all of the | ||
following apply: | ||
(A) The law enforcement officer has contact with | ||
the person because the person: | ||
(i) reported that he or she was sexually | ||
assaulted; | ||
(ii) reported a sexual assault of another | ||
person or requested emergency medical assistance |
or medical forensic services for another person | ||
who had been sexually assaulted; or | ||
(iii) acted in concert with another person who | ||
reported a sexual assault of another person or | ||
requested emergency medical assistance or medical | ||
forensic services for another person who had been | ||
sexually assaulted; however, the provisions of | ||
this item (iii) shall not apply to more than 3 | ||
persons acting in concert for any one occurrence. | ||
The report of a sexual assault may have been made to a | ||
health care provider, to law enforcement, including the campus | ||
police or security department of an institution of higher | ||
education, or to the Title IX coordinator of an institution of | ||
higher education or another employee of the institution | ||
responsible for responding to reports of sexual assault under | ||
State or federal law. | ||
(B) The person who reports the sexual assault: | ||
(i) provided his or her full name; | ||
(ii) remained at the scene until emergency | ||
medical assistance personnel arrived, if emergency | ||
medical assistance was summoned for the person who | ||
was sexually assaulted and he or she cooperated | ||
with emergency medical assistance personnel; and | ||
(iii) cooperated with the agency or person to | ||
whom the sexual assault was reported if he or she | ||
witnessed or reported the sexual assault of |
another person. | ||
(j) A person who meets the criteria of paragraphs (1) and | ||
(2) of subsection (i) of this Section or a person who meets the | ||
criteria of paragraph (2) of subsection (i-5) of this Section | ||
shall be immune from criminal liability for an offense under | ||
subsection (d) or (e) of this Section. | ||
(k) A person may not initiate an action against a law | ||
enforcement officer based on the officer's compliance or | ||
failure to comply with subsection (i) or (i-5) of this Section, | ||
except for willful or wanton misconduct. | ||
(Source: P.A. 99-447, eff. 6-1-16; 99-795, eff. 8-12-16.)
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Section 15. The Sexual Assault Survivors Emergency | ||
Treatment Act is amended by changing Sections 5 and 6.5 as | ||
follows:
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(410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
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Sec. 5. Minimum requirements for hospitals providing | ||
hospital emergency services and forensic services
to sexual | ||
assault survivors.
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(a) Every hospital providing hospital emergency services | ||
and forensic services to
sexual assault survivors under this | ||
Act
shall, as minimum requirements for such services, provide, | ||
with the consent
of the sexual assault survivor, and as ordered | ||
by the attending
physician, an advanced practice registered | ||
nurse, or a physician assistant, the following:
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(1) appropriate medical examinations and laboratory
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tests required to ensure the health, safety, and welfare
of | ||
a sexual assault survivor or which may be
used as evidence | ||
in a criminal proceeding against a person accused of the
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sexual assault, or both; and records of the results of such | ||
examinations
and tests shall be maintained by the hospital | ||
and made available to law
enforcement officials upon the | ||
request of the sexual assault survivor;
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(2) appropriate oral and written information | ||
concerning the possibility
of infection, sexually | ||
transmitted disease and pregnancy
resulting from sexual | ||
assault;
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(3) appropriate oral and written information | ||
concerning accepted medical
procedures, medication, and | ||
possible contraindications of such medication
available | ||
for the prevention or treatment of infection or disease | ||
resulting
from sexual assault;
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(3.5) after a medical evidentiary or physical | ||
examination, access to a shower at no cost, unless | ||
showering facilities are unavailable; | ||
(4) an amount of medication for treatment at the | ||
hospital and after discharge as is deemed appropriate by | ||
the attending physician, an advanced practice registered | ||
nurse, or a physician assistant and consistent with the | ||
hospital's current approved protocol for sexual assault | ||
survivors;
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(5) an evaluation of the sexual assault survivor's risk | ||
of contracting human immunodeficiency virus (HIV) from the | ||
sexual assault;
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(6) written and oral instructions indicating the need | ||
for follow-up examinations and laboratory tests after the | ||
sexual assault to determine the presence or absence of
| ||
sexually transmitted disease;
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(7) referral by hospital personnel for appropriate | ||
counseling; and
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(8) when HIV prophylaxis is deemed appropriate, an | ||
initial dose or doses of HIV prophylaxis, along with | ||
written and oral instructions indicating the importance of
| ||
timely follow-up healthcare.
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(b) Any person who is a sexual assault survivor who seeks | ||
emergency hospital services and forensic services or follow-up | ||
healthcare
under this Act shall be provided such services | ||
without the consent
of any parent, guardian, custodian, | ||
surrogate, or agent.
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(b-5) Every treating hospital providing hospital emergency | ||
and forensic services to sexual assault survivors shall issue a | ||
voucher to any sexual assault survivor who is eligible to | ||
receive one. The hospital shall make a copy of the voucher and | ||
place it in the medical record of the sexual assault survivor. | ||
The hospital shall provide a copy of the voucher to the sexual | ||
assault survivor after discharge upon request. | ||
(c) Nothing in this Section creates a physician-patient |
relationship that extends beyond discharge from the hospital | ||
emergency department.
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(Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16; | ||
99-642, eff. 7-28-16; 100-513, eff. 1-1-18 .)
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(410 ILCS 70/6.5) | ||
Sec. 6.5. Written consent to the release of sexual assault | ||
evidence for testing. | ||
(a) Upon the completion of hospital emergency services and | ||
forensic services, the health care professional providing the | ||
forensic services shall provide the patient the opportunity to | ||
sign a written consent to allow law enforcement to submit the | ||
sexual assault evidence for testing. The written consent shall | ||
be on a form included in the sexual assault evidence collection | ||
kit and shall include whether the survivor consents to the | ||
release of information about the sexual assault to law | ||
enforcement. | ||
(1) A survivor 13 years of age or older may sign the | ||
written consent to release the evidence for testing. | ||
(2) If the survivor is a minor who is under 13 years of | ||
age, the written consent to release the sexual assault | ||
evidence for testing may be signed by the parent, guardian, | ||
investigating law enforcement officer, or Department of | ||
Children and Family Services. | ||
(3) If the survivor is an adult who has a guardian of | ||
the person, a health care surrogate, or an agent acting |
under a health care power of attorney, the consent of the | ||
guardian, surrogate, or agent is not required to release | ||
evidence and information concerning the sexual assault or | ||
sexual abuse. If the adult is unable to provide consent for | ||
the release of evidence and information and a guardian, | ||
surrogate, or agent under a health care power of attorney | ||
is unavailable or unwilling to release the information, | ||
then an investigating law enforcement officer may | ||
authorize the release. | ||
(4) Any health care professional, including any | ||
physician, advanced practice registered nurse, physician | ||
assistant, or nurse, sexual assault nurse examiner, and any | ||
health care institution, including any hospital, who | ||
provides evidence or information to a law enforcement | ||
officer under a written consent as specified in this | ||
Section is immune from any civil or professional liability | ||
that might arise from those actions, with the exception of | ||
willful or wanton misconduct. The immunity provision | ||
applies only if all of the requirements of this Section are | ||
met. | ||
(b) The hospital shall keep a copy of a signed or unsigned | ||
written consent form in the patient's medical record. | ||
(c) If a written consent to allow law enforcement to test | ||
the sexual assault evidence is not signed at the completion of | ||
hospital emergency services and forensic services, the | ||
hospital shall include the following information in its |
discharge instructions: | ||
(1) the sexual assault evidence will be stored for 10 5 | ||
years from the completion of an Illinois State Police | ||
Sexual Assault Evidence Collection Kit, or 10 5 years from | ||
the age of 18 years, whichever is longer; | ||
(2) a person authorized to consent to the testing of | ||
the sexual assault evidence may sign a written consent to | ||
allow law enforcement to test the sexual assault evidence | ||
at any time during that 10-year 5-year period for an adult | ||
victim, or until a minor victim turns 28 23 years of age by | ||
(A) contacting the law enforcement agency having | ||
jurisdiction, or if unknown, the law enforcement agency | ||
contacted by the hospital under Section 3.2 of the Criminal | ||
Identification Act; or (B) by working with an advocate at a | ||
rape crisis center; | ||
(3) the name, address, and phone number of the law | ||
enforcement agency having jurisdiction, or if unknown the | ||
name, address, and phone number of the law enforcement | ||
agency contacted by the hospital under Section 3.2 of the | ||
Criminal Identification Act; and | ||
(4) the name and phone number of a local rape crisis | ||
center.
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(Source: P.A. 99-801, eff. 1-1-17; 100-513, eff. 1-1-18 .) | ||
Section 20. The Criminal Code of 2012 is amended by | ||
changing Section 3-6 as follows:
|
(720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
| ||
Sec. 3-6. Extended limitations. The period within which a | ||
prosecution
must be commenced under the provisions of Section | ||
3-5 or other applicable
statute is extended under the following | ||
conditions:
| ||
(a) A prosecution for theft involving a breach of a | ||
fiduciary obligation
to the aggrieved person may be commenced | ||
as follows:
| ||
(1) If the aggrieved person is a minor or a person | ||
under legal disability,
then during the minority or legal | ||
disability or within one year after the
termination | ||
thereof.
| ||
(2) In any other instance, within one year after the | ||
discovery of the
offense by an aggrieved person, or by a | ||
person who has legal capacity to
represent an aggrieved | ||
person or has a legal duty to report the offense,
and is | ||
not himself or herself a party to the offense; or in the | ||
absence of such
discovery, within one year after the proper | ||
prosecuting officer becomes
aware of the offense. However, | ||
in no such case is the period of limitation
so extended | ||
more than 3 years beyond the expiration of the period | ||
otherwise
applicable.
| ||
(b) A prosecution for any offense based upon misconduct in | ||
office by a
public officer or employee may be commenced within | ||
one year after discovery
of the offense by a person having a |
legal duty to report such offense, or
in the absence of such | ||
discovery, within one year after the proper
prosecuting officer | ||
becomes aware of the offense. However, in no such case
is the | ||
period of limitation so extended more than 3 years beyond the
| ||
expiration of the period otherwise applicable.
| ||
(b-5) When the victim is under 18 years of age at the time | ||
of the offense, a prosecution for involuntary servitude, | ||
involuntary sexual servitude of a minor, or trafficking in | ||
persons and related offenses under Section 10-9 of this Code | ||
may be commenced within 25 years of the victim attaining the | ||
age of 18 years. | ||
(c) (Blank).
| ||
(d) A prosecution for child pornography, aggravated child | ||
pornography, indecent
solicitation of a
child, soliciting for a | ||
juvenile prostitute, juvenile pimping,
exploitation of a | ||
child, or promoting juvenile prostitution except for keeping a | ||
place of juvenile prostitution may be commenced within one year | ||
of the victim
attaining the age of 18 years. However, in no | ||
such case shall the time
period for prosecution expire sooner | ||
than 3 years after the commission of
the offense.
| ||
(e) Except as otherwise provided in subdivision (j), a | ||
prosecution for
any offense involving sexual conduct or sexual
| ||
penetration, as defined in Section 11-0.1 of this Code, where | ||
the defendant
was within a professional or fiduciary | ||
relationship or a purported
professional or fiduciary | ||
relationship with the victim at the
time of the commission of |
the offense may be commenced within one year
after the | ||
discovery of the offense by the victim.
| ||
(f) A prosecution for any offense set forth in Section 44
| ||
of the " Environmental Protection Act ", approved June 29, 1970, | ||
as amended,
may be commenced within 5 years after the discovery | ||
of such
an offense by a person or agency having the legal duty | ||
to report the
offense or in the absence of such discovery, | ||
within 5 years
after the proper prosecuting officer becomes | ||
aware of the offense.
| ||
(f-5) A prosecution for any offense set forth in Section | ||
16-30 of this Code may be commenced within 5 years after the | ||
discovery of the offense by the victim of that offense.
| ||
(g) (Blank).
| ||
(h) (Blank).
| ||
(i) Except as otherwise provided in subdivision (j), a | ||
prosecution for
criminal sexual assault, aggravated criminal
| ||
sexual assault, or aggravated criminal sexual abuse may be | ||
commenced within 10
years of the commission of the offense if | ||
the victim reported the offense to
law enforcement authorities | ||
within 3 years after the commission of the offense. If the | ||
victim consented to the collection of evidence using an | ||
Illinois State Police Sexual Assault Evidence Collection Kit | ||
under the Sexual Assault Survivors Emergency Treatment Act, it | ||
shall constitute reporting for purposes of this Section.
| ||
Nothing in this subdivision (i) shall be construed to
| ||
shorten a period within which a prosecution must be commenced |
under any other
provision of this Section.
| ||
(i-5) A prosecution for armed robbery, home invasion, | ||
kidnapping, or aggravated kidnaping may be commenced within 10 | ||
years of the commission of the offense if it arises out of the | ||
same course of conduct and meets the criteria under one of the | ||
offenses in subsection (i) of this Section. | ||
(j) (1) When the victim is under 18 years of age at the | ||
time of the offense, a
prosecution
for criminal sexual assault, | ||
aggravated criminal sexual assault, predatory
criminal sexual | ||
assault of a child, aggravated criminal sexual abuse, or felony | ||
criminal sexual abuse may be commenced at any time. | ||
(2) When the victim is under 18 years of age at the time of | ||
the offense, a prosecution for failure of a person who is | ||
required to report an alleged
or suspected commission of | ||
criminal sexual assault, aggravated criminal sexual assault, | ||
predatory criminal sexual assault of a child, aggravated | ||
criminal sexual abuse, or felony criminal sexual abuse under | ||
the Abused and Neglected
Child Reporting Act may be
commenced | ||
within 20 years after the child victim attains 18
years of age. | ||
(3) When the victim is under 18 years of age at the time of | ||
the offense, a
prosecution
for misdemeanor criminal sexual | ||
abuse may be
commenced within 10 years after the child victim | ||
attains 18
years of age.
| ||
(4) Nothing in this subdivision (j) shall be construed to
| ||
shorten a period within which a prosecution must be commenced | ||
under any other
provision of this Section.
|
(j-5) A prosecution for armed robbery, home invasion, | ||
kidnapping, or aggravated kidnaping may be commenced at any | ||
time if it arises out of the same course of conduct and meets | ||
the criteria under one of the offenses in subsection (j) of | ||
this Section. | ||
(k) (Blank).
| ||
(l) A prosecution for any offense set forth in Section 26-4 | ||
of this Code may be commenced within one year after the | ||
discovery of the offense by the victim of that offense. | ||
(m) The prosecution shall not be required to prove at trial | ||
facts which extend the general limitations in Section 3-5 of | ||
this Code when the facts supporting extension of the period of | ||
general limitations are properly pled in the charging document. | ||
Any challenge relating to the extension of the general | ||
limitations period as defined in this Section shall be | ||
exclusively conducted under Section 114-1 of the Code of | ||
Criminal Procedure of 1963. | ||
(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16; | ||
100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff. | ||
1-1-18; revised 10-5-17.) | ||
Section 25. The Illinois Controlled Substances Act is | ||
amended by adding Section 415 as follows: | ||
(720 ILCS 570/415 new) | ||
Sec. 415. Use, possession, and consumption of a controlled |
substance related to sexual assault; limited immunity from | ||
prosecution. | ||
(a) In this Section: | ||
"Medical forensic services" has the meaning defined in | ||
Section 1a of the Sexual Assault Survivors Emergency | ||
Treatment Act. | ||
"Sexual assault" means an act of sexual conduct or | ||
sexual penetration, defined in Section 11-0.1 of the | ||
Criminal Code of 2012, including, without limitation, acts | ||
prohibited under Sections 11-1.20 through 11-1.60 of the | ||
Criminal Code of 2012. | ||
(b) A person who is a victim of a sexual assault shall not | ||
be charged or prosecuted for Class 4 felony possession of a | ||
controlled, counterfeit, or look-alike substance or a | ||
controlled substance analog: | ||
(1) if evidence for the Class 4 felony possession | ||
charge was acquired as a result of the person reporting the | ||
sexual assault to law enforcement, or seeking or obtaining | ||
emergency medical assistance or medical forensic services; | ||
and | ||
(2) provided the amount of substance recovered is | ||
within the amount identified in subsection (d) of this | ||
Section. | ||
(c) A person who, in good faith, reports to law enforcement | ||
the commission of a sexual assault against another person or | ||
seeks or obtains emergency medical assistance or medical |
forensic services for a victim of sexual assault shall not be | ||
charged or prosecuted for Class 4 felony possession of a | ||
controlled, counterfeit, or look-alike substance or a | ||
controlled substance analog: | ||
(1) if evidence for the Class 4 felony possession | ||
charge was acquired as a result of the person seeking or | ||
obtaining emergency medical assistance or medical forensic | ||
services; and | ||
(2) provided the amount of substance recovered is | ||
within the amount identified in subsection (d) of this | ||
Section. | ||
(d) For the purposes of subsections (b) and (c) of this | ||
Section, the limited immunity shall only apply to a person | ||
possessing the following amount: | ||
(1) less than 3 grams of a substance containing heroin; | ||
(2) less than 3 grams of a substance containing | ||
cocaine; | ||
(3) less than 3 grams of a substance containing | ||
morphine; | ||
(4) less than 40 grams of a substance containing | ||
peyote; | ||
(5) less than 40 grams of a substance containing a | ||
derivative of barbituric acid or any of the salts of a | ||
derivative of barbituric acid; | ||
(6) less than 40 grams of a substance containing | ||
amphetamine or any salt of an optical isomer of |
amphetamine; | ||
(7) less than 3 grams of a substance containing | ||
lysergic acid diethylamide (LSD), or an analog thereof; | ||
(8) less than 6 grams of a substance containing | ||
pentazocine or any of the salts, isomers and salts of | ||
isomers of pentazocine, or an analog thereof; | ||
(9) less than 6 grams of a substance containing | ||
methaqualone or any of the salts, isomers and salts of | ||
isomers of methaqualone; | ||
(10) less than 6 grams of a substance containing | ||
phencyclidine or any of the salts, isomers and salts of | ||
isomers of phencyclidine (PCP); | ||
(11) less than 6 grams of a substance containing | ||
ketamine or any of the salts, isomers and salts of isomers | ||
of ketamine; or | ||
(12) less than 40 grams of a substance containing a | ||
substance classified as a narcotic drug in Schedules I or | ||
II, or an analog thereof, which is not otherwise included | ||
in this subsection (d). | ||
(e) The limited immunity described in subsections (b) and | ||
(c) of this Section shall not be extended if law enforcement | ||
has reasonable suspicion or probable cause to detain, arrest, | ||
or search the person described in subsection (b) or (c) of this | ||
Section for criminal activity and the reasonable suspicion or | ||
probable cause is based on information obtained prior to or | ||
independent of the person described in subsection (b) or (c) of |
this Section taking action to report a sexual assault to law | ||
enforcement or to seek or obtain emergency medical assistance | ||
or medical forensic services and not obtained as a direct | ||
result of the action of seeking or obtaining emergency medical | ||
assistance or medical forensic services. Nothing in this | ||
Section is intended to interfere with or prevent the | ||
investigation, arrest, or prosecution of any person for the | ||
delivery or distribution of cannabis, methamphetamine, or | ||
other controlled substances, drug-induced homicide, or any | ||
other crime. | ||
Section 30. The Rights of Crime Victims and Witnesses Act | ||
is amended by changing Section 4 and by adding Section 4.6 as | ||
follows:
| ||
(725 ILCS 120/4) (from Ch. 38, par. 1404)
| ||
Sec. 4. Rights of crime victims.
| ||
(a) Crime victims shall have the following rights:
| ||
(1) The right to be treated with fairness and respect | ||
for their dignity
and privacy and to be free from | ||
harassment, intimidation, and abuse throughout the | ||
criminal justice process.
| ||
(1.5) The right to notice and to a hearing before a | ||
court ruling on a request for access to any of the victim's | ||
records, information, or communications which are | ||
privileged or confidential by law. |
(2) The right to timely notification of all court | ||
proceedings.
| ||
(3) The right to communicate with the prosecution.
| ||
(4) The right to be heard at any post-arraignment court | ||
proceeding in which a right of the victim is at issue and | ||
any court proceeding involving a post-arraignment release | ||
decision, plea, or sentencing.
| ||
(5) The right to be notified of the conviction, the | ||
sentence, the imprisonment
and the release of the accused.
| ||
(6) The right to the timely disposition of the case | ||
following the arrest
of the accused.
| ||
(7) The right to be reasonably protected from the | ||
accused through the
criminal justice process.
| ||
(7.5) The right to have the safety of the victim and | ||
the victim's family considered in denying or fixing the | ||
amount of bail, determining whether to release the | ||
defendant, and setting conditions of release after arrest | ||
and conviction. | ||
(8) The right to be present at the trial and all other | ||
court proceedings
on the same basis as the accused, unless | ||
the victim is to testify and the court
determines that the | ||
victim's testimony would be materially affected if the
| ||
victim hears other testimony at the trial.
| ||
(9) The right to have present at all court proceedings, | ||
including proceedings under the Juvenile Court Act of 1987, | ||
subject to the
rules of evidence, an advocate and other |
support person of the victim's choice.
| ||
(10) The right to restitution.
| ||
(b) Any law enforcement agency that investigates an offense | ||
committed in this State shall provide a crime victim with a | ||
written statement and explanation of the rights of crime | ||
victims under this amendatory Act of the 99th General Assembly | ||
within 48 hours of law enforcement's initial contact with a | ||
victim. The statement shall include information about crime | ||
victim compensation, including how to contact the Office of the | ||
Illinois Attorney General to file a claim, and appropriate | ||
referrals to local and State programs that provide victim | ||
services. The content of the statement shall be provided to law | ||
enforcement by the Attorney General. Law enforcement shall also | ||
provide a crime victim with a sign-off sheet that the victim | ||
shall sign and date as an acknowledgement that he or she has | ||
been furnished with information and an explanation of the | ||
rights of crime victims and compensation set forth in this Act. | ||
(b-5) Upon the request of the victim, the law enforcement | ||
agency having jurisdiction shall provide a free copy of the | ||
police report concerning the victim's incident, as soon as | ||
practicable, but in no event later than 5 business days from | ||
the request. | ||
(c) The Clerk of the Circuit Court shall post the rights of | ||
crime victims set forth in Article I, Section 8.1(a) of the | ||
Illinois Constitution and subsection (a) of this Section within | ||
3 feet of the door to any courtroom where criminal proceedings |
are conducted. The clerk may also post the rights in other | ||
locations in the courthouse. | ||
(d) At any point, the victim has the right to retain a | ||
victim's attorney who may be present during all stages of any | ||
interview, investigation, or other interaction with | ||
representatives of the criminal justice system. Treatment of | ||
the victim should not be affected or altered in any way as a | ||
result of the victim's decision to exercise this right.
| ||
(Source: P.A. 99-413, eff. 8-20-15.)
| ||
(725 ILCS 120/4.6 new) | ||
Sec. 4.6. Advocates; support person. | ||
(a) A crime victim has a right to have an advocate present | ||
during any medical evidentiary or physical examination, unless | ||
no advocate can be summoned in a reasonably timely manner. The | ||
victim also has the right to have an additional person present | ||
for support during any medical evidentiary or physical | ||
examination. | ||
(b) A victim retains the rights prescribed in subsection | ||
(a) of this Section even if the victim has waived these rights | ||
in a previous examination.
| ||
Section 35. The Sexual Assault Incident Procedure Act is | ||
amended by changing Sections 25 and 30 as follows: | ||
(725 ILCS 203/25)
|
Sec. 25. Report; victim notice. | ||
(a) At the time of first contact with the victim, law | ||
enforcement shall: | ||
(1) Advise the victim about the following by providing | ||
a form, the contents of which shall be prepared by the | ||
Office of the Attorney General and posted on its website, | ||
written in a language appropriate for the victim or in | ||
Braille, or communicating in appropriate sign language | ||
that includes, but is not limited to: | ||
(A) information about seeking medical attention | ||
and preserving evidence, including specifically, | ||
collection of evidence during a medical forensic | ||
examination at a hospital and photographs of injury and | ||
clothing; | ||
(B) notice that the victim will not be charged for | ||
hospital emergency and medical forensic services; | ||
(C) information advising the victim that evidence | ||
can be collected at the hospital up to 7 days after the | ||
sexual assault or sexual abuse but that the longer the | ||
victim waits the likelihood of obtaining evidence | ||
decreases; | ||
(C-5) notice that the sexual assault forensic | ||
evidence collected will not be used to prosecute the | ||
victim for any offense related to the use of alcohol, | ||
cannabis, or a controlled substance; | ||
(D) the location of nearby hospitals that provide |
emergency medical and forensic services and, if known, | ||
whether the hospitals employ any sexual assault nurse | ||
examiners; | ||
(E) a summary of the procedures and relief | ||
available to victims of sexual assault or sexual abuse | ||
under the Civil No Contact Order Act or the Illinois | ||
Domestic Violence Act of 1986; | ||
(F) the law enforcement officer's name and badge | ||
number; | ||
(G) at least one referral to an accessible service | ||
agency and information advising the victim that rape | ||
crisis centers can assist with obtaining civil no | ||
contact orders and orders of protection; and | ||
(H) if the sexual assault or sexual abuse occurred | ||
in another jurisdiction, provide in writing the | ||
address and phone number of a specific contact at the | ||
law enforcement agency having jurisdiction. | ||
(2) Offer to provide or arrange accessible | ||
transportation for the victim to a hospital for emergency | ||
and forensic services, including contacting emergency | ||
medical services. | ||
(3) Offer to provide or arrange accessible | ||
transportation for the victim to the nearest available | ||
circuit judge or associate judge so the victim may file a | ||
petition for an emergency civil no contact order under the | ||
Civil No Contact Order Act or an order of protection under |
the Illinois Domestic Violence Act of 1986 after the close | ||
of court business hours, if a judge is available. | ||
(b) At the time of the initial contact with a person making | ||
a third-party report under Section 22 of this Act, a law | ||
enforcement officer shall provide the written information | ||
prescribed under paragraph (1) of subsection (a) of this | ||
Section to the person making the report and request the person | ||
provide the written information to the victim of the sexual | ||
assault or sexual abuse. | ||
(c) If the first contact with the victim occurs at a | ||
hospital, a law enforcement officer may request the hospital | ||
provide interpretive services.
| ||
(Source: P.A. 99-801, eff. 1-1-17 .) | ||
(725 ILCS 203/30)
| ||
Sec. 30. Release and storage of sexual assault evidence. | ||
(a) A law enforcement agency having jurisdiction that is | ||
notified by a hospital or another law enforcement agency that a | ||
victim of a sexual assault or sexual abuse has received a | ||
medical forensic examination and has completed an Illinois | ||
State Police Sexual Assault Evidence Collection Kit shall take | ||
custody of the sexual assault evidence as soon as practicable, | ||
but in no event more than 5 days after the completion of the | ||
medical forensic examination. | ||
(a-5) A State's Attorney who is notified under subsection | ||
(d) of Section 6.6 of the Sexual Assault Survivors Emergency |
Treatment Act that a hospital is in possession of sexual | ||
assault evidence shall, within 72 hours, contact the | ||
appropriate law enforcement agency to request that the law | ||
enforcement agency take immediate physical custody of the | ||
sexual assault evidence. | ||
(b) The written report prepared under Section 20 of this | ||
Act shall include the date and time the sexual assault evidence | ||
was picked up from the hospital and the date and time the | ||
sexual assault evidence was sent to the laboratory in | ||
accordance with the Sexual Assault Evidence Submission Act. | ||
(c) If the victim of a sexual assault or sexual abuse or a | ||
person authorized under Section 6.5 of the Sexual Assault | ||
Survivors Emergency Treatment Act has consented to allow law | ||
enforcement to test the sexual assault evidence, the law | ||
enforcement agency having jurisdiction shall submit the sexual | ||
assault evidence for testing in accordance with the Sexual | ||
Assault Evidence Submission Act. No law enforcement agency | ||
having jurisdiction may refuse or fail to send sexual assault | ||
evidence for testing that the victim has released for testing. | ||
(d) A victim shall have 10 5 years from the completion of | ||
an Illinois State Police Sexual Assault Evidence Collection | ||
Kit, or 10 5 years from the age of 18 years, whichever is | ||
longer, to sign a written consent to release the sexual assault | ||
evidence to law enforcement for testing. If the victim or a | ||
person authorized under Section 6.5 of the Sexual Assault | ||
Survivors Emergency Treatment Act does not sign the written |
consent at the completion of the medical forensic examination, | ||
the victim or person authorized by Section 6.5 of the Sexual | ||
Assault Survivors Emergency Treatment Act may sign the written | ||
release at the law enforcement agency having jurisdiction, or | ||
in the presence of a sexual assault advocate who may deliver | ||
the written release to the law enforcement agency having | ||
jurisdiction. The victim may also provide verbal consent to the | ||
law enforcement agency having jurisdiction and shall verify the | ||
verbal consent via email or fax. Upon receipt of written or | ||
verbal consent, the law enforcement agency having jurisdiction | ||
shall submit the sexual assault evidence for testing in | ||
accordance with the Sexual Assault Evidence Submission Act. No | ||
law enforcement agency having jurisdiction may refuse or fail | ||
to send the sexual assault evidence for testing that the victim | ||
has released for testing. | ||
(e) The law enforcement agency having jurisdiction who | ||
speaks to a victim who does not sign a written consent to | ||
release the sexual assault evidence prior to discharge from the | ||
hospital shall provide a written notice to the victim that | ||
contains the following information: | ||
(1) where the sexual assault evidence will be stored | ||
for 10 5 years; | ||
(2) notice that the victim may sign a written release | ||
to test the sexual assault evidence at any time during the | ||
10-year 5-year period by contacting the law enforcement | ||
agency having jurisdiction or working with a sexual assault |
advocate; | ||
(3) the name, phone number, and email address of the | ||
law enforcement agency having jurisdiction; and | ||
(4) the name and phone number of a local rape crisis | ||
center. | ||
Each law enforcement agency shall develop a protocol for | ||
providing this information to victims as part of the written | ||
policies required in subsection (a) of Section 15 of this Act. | ||
(f) A law enforcement agency must develop a protocol for | ||
responding to victims who want to sign a written consent to | ||
release the sexual assault evidence and to ensure that victims | ||
who want to be notified or have a designee notified prior to | ||
the end of the 10-year 5-year period are provided notice. | ||
(g) Nothing in this Section shall be construed as limiting | ||
the storage period to 10 5 years. A law enforcement agency | ||
having jurisdiction may adopt a storage policy that provides | ||
for a period of time exceeding 10 5 years. If a longer period | ||
of time is adopted, the law enforcement agency having | ||
jurisdiction shall notify the victim or designee in writing of | ||
the longer storage period.
| ||
(Source: P.A. 99-801, eff. 1-1-17 .)
|