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91_HB1785enr
HB1785 Enrolled LRB9105508RCks
1 AN ACT concerning evidence.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Sexual Assault Survivors Emergency
5 Treatment Act is amended by changing Sections 5 and 6.4 as
6 follows:
7 (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
8 Sec. 5. Minimum requirements for hospitals providing
9 emergency service to sexual assault survivors.
10 (a) Every hospital providing emergency hospital services
11 to an alleged sexual assault survivor under this Act shall,
12 as minimum requirements for such services, provide, with the
13 consent of the alleged sexual assault survivor, and as
14 ordered by the attending physician, the following:
15 (1) appropriate medical examinations and laboratory
16 tests required to ensure the health, safety, and welfare
17 of an alleged sexual assault survivor or which may be
18 used as evidence in a criminal proceeding against a
19 person accused of the sexual assault, or both; and
20 records of the results of such examinations and tests
21 shall be maintained by the hospital and made available to
22 law enforcement officials upon the request of the alleged
23 sexual assault survivor;
24 (2) appropriate oral and written information
25 concerning the possibility of infection, sexually
26 transmitted disease and pregnancy resulting from sexual
27 assault;
28 (3) appropriate oral and written information
29 concerning accepted medical procedures, medication, and
30 possible contraindications of such medication available
31 for the prevention or treatment of infection or disease
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1 resulting from sexual assault;
2 (4) such medication as deemed appropriate by the
3 attending physician;
4 (5) a blood test to determine the presence or
5 absence of sexually transmitted disease;
6 (6) written and oral instructions indicating the
7 need for a second blood test 6 weeks after the sexual
8 assault to determine the presence or absence of sexually
9 transmitted disease; and
10 (7) appropriate counseling as determined by the
11 hospital, by trained personnel designated by the
12 hospital.
13 (b) Any minor who is an alleged survivor of sexual
14 assault who seeks emergency services under this Act shall be
15 provided such services without the consent of the parent,
16 guardian or custodian of the minor. Only the minor's parent
17 or legal guardian can sign for release of evidence and
18 information concerning the alleged sexual assault.
19 (Source: P.A. 85-577.)
20 (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
21 Sec. 6.4. Sexual assault evidence collection program.
22 (a) There is created a statewide sexual assault evidence
23 collection program to facilitate the prosecution of persons
24 accused of sexual assault. This program shall be
25 administered by the Illinois State Police. The program shall
26 consist of the following: (1) distribution of sexual assault
27 evidence collection kits which have been approved by the
28 Illinois State Police to hospitals that request them, or
29 arranging for such distribution by the manufacturer of the
30 kits, (2) collection of the kits from hospitals after the
31 kits have been used to collect evidence, (3) analysis of the
32 collected evidence and conducting of laboratory tests, and
33 (4) maintaining the chain of custody and safekeeping of the
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1 evidence for use in a legal proceeding. The standardized
2 evidence collection kit for the State of Illinois shall be
3 the State Police Evidence Collection Kit, also known as
4 "S.P.E.C.K.". A sexual assault evidence collection kit may
5 not be released by a hospital without the written consent of
6 the sexual assault survivor. In the case of a survivor who
7 is a minor 13 years of age or older, evidence and information
8 concerning the alleged sexual assault may be released at the
9 written request of the minor. If the survivor is a minor who
10 is under 13 years of age, evidence and information concerning
11 the alleged sexual assault may be released at the written
12 request of the parent, guardian, investigating law
13 enforcement officer, or Department of Children and Family
14 Services. Any health care professional, including any
15 physician or nurse, and any health care institution,
16 including any hospital, who provides evidence or information
17 to a law enforcement officer pursuant to a written request as
18 specified in this Section is immune from any civil or
19 professional liability that might arise from those actions,
20 with the exception of willful or wanton misconduct. The
21 immunity provision applies only if all of the requirements of
22 this Section are met. A sexual assault evidence collection
23 kit may not be released by a hospital without the written
24 consent of the sexual assault survivor or, in the case of a
25 minor, the written consent of the minor's parent or legal
26 guardian.
27 (b) The Illinois State Police shall administer a program
28 to train hospitals and hospital personnel participating in
29 the sexual assault evidence collection program, in the
30 correct use and application of the sexual assault evidence
31 collection kits. The Department of Public Health shall
32 cooperate with the Illinois State Police in this program as
33 it pertains to medical aspects of the evidence collection.
34 (Source: P.A. 89-246, eff. 8-4-95; 89-507, eff. 7-1-97;
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1 90-587, eff. 7-1-98.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.
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