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91_HB3113eng
HB3113 Engrossed LRB9111275MWpc
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. (a) Every
10 hospital providing emergency hospital services to an alleged
11 sexual assault survivor under this Act shall, as minimum
12 requirements for such services, provide, with the consent of
13 the alleged sexual assault survivor, and as ordered by the
14 attending physician, the following:
15 (1) appropriate medical examinations and laboratory
16 tests required to ensure the health, safety, and welfare of
17 an alleged sexual assault survivor or which may be used as
18 evidence in a criminal proceeding against a person accused of
19 the sexual assault, or both; and records of the results of
20 such examinations and tests shall be maintained by the
21 hospital and made available to law enforcement officials upon
22 the request of the alleged sexual assault survivor;
23 (2) appropriate oral and written information concerning
24 the possibility of infection, sexually transmitted disease
25 and pregnancy resulting from sexual assault;
26 (3) appropriate oral and written information concerning
27 accepted medical procedures, medication, and possible
28 contraindications of such medication available for the
29 prevention or treatment of infection or disease resulting
30 from sexual assault;
31 (4) such medication as deemed appropriate by the
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1 attending physician;
2 (5) a blood test to determine the presence or absence of
3 sexually transmitted disease;
4 (6) written and oral instructions indicating the need
5 for a second blood test 6 weeks after the sexual assault to
6 determine the presence or absence of sexually transmitted
7 disease; and
8 (7) appropriate counseling as determined by the
9 hospital, by trained personnel designated by the hospital.
10 (b) Any minor who is an alleged survivor of sexual
11 assault who seeks emergency services under this Act shall be
12 provided such services without the consent of the parent,
13 guardian or custodian of the minor. Only the minor's parent
14 or legal guardian can sign for release of evidence and
15 information concerning the alleged sexual assault.
16 (Source: P.A. 85-577.)
17 (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
18 Sec. 6.4. Sexual assault evidence collection program.
19 (a) There is created a statewide sexual assault evidence
20 collection program to facilitate the prosecution of persons
21 accused of sexual assault. This program shall be
22 administered by the Illinois State Police. The program shall
23 consist of the following: (1) distribution of sexual assault
24 evidence collection kits which have been approved by the
25 Illinois State Police to hospitals that request them, or
26 arranging for such distribution by the manufacturer of the
27 kits, (2) collection of the kits from hospitals after the
28 kits have been used to collect evidence, (3) analysis of the
29 collected evidence and conducting of laboratory tests, and
30 (4) maintaining the chain of custody and safekeeping of the
31 evidence for use in a legal proceeding. The standardized
32 evidence collection kit for the State of Illinois shall be
33 the State Police Evidence Collection Kit, also known as
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1 "S.P.E.C.K.". A sexual assault evidence collection kit may
2 not be released by a hospital without the written consent of
3 the sexual assault survivor. In the case of a survivor who
4 is a minor 13 years of age or older, evidence and information
5 concerning the alleged sexual assault may be released at the
6 written request of the minor. If the survivor is a minor who
7 is under 13 years of age, evidence and information concerning
8 the alleged sexual assault may be released at the written
9 request of the parent, guardian, investigating law
10 enforcement officer, or Department of Children and Family
11 Services. Any health care professional, including any
12 physician or nurse, and any health care institution,
13 including any hospital, who provides evidence or information
14 to a law enforcement officer pursuant to a written request as
15 specified in this Section is immune from any civil or
16 professional liability that might arise from those actions,
17 with the exception of willful or wanton misconduct. The
18 immunity provision applies only if all of the requirements of
19 this Section are met. A sexual assault evidence collection
20 kit may not be released by a hospital without the written
21 consent of the sexual assault survivor or, in the case of a
22 minor, the written consent of the minor's parent or legal
23 guardian.
24 (b) The Illinois State Police shall administer a program
25 to train hospitals and hospital personnel participating in
26 the sexual assault evidence collection program, in the
27 correct use and application of the sexual assault evidence
28 collection kits. The Department of Public Health shall
29 cooperate with the Illinois State Police in this program as
30 it pertains to medical aspects of the evidence collection.
31 (Source: P.A. 89-246, eff. 8-4-95; 89-507, eff. 7-1-97;
32 90-587, eff. 7-1-98.)
33 Section 99. Effective date. This Act takes effect upon
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1 becoming law.
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