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91_SB0542enr
SB542 Enrolled LRB9104750DJcd
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 12-18.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 12-18 as follows:
7 (720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
8 Sec. 12-18. General Provisions.
9 (a) No person accused of violating Sections 12-13,
10 12-14, 12-15 or 12-16 of this Code shall be presumed to be
11 incapable of committing an offense prohibited by Sections
12 12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code because of
13 age, physical condition or relationship to the victim, except
14 as otherwise provided in subsection (c) of this Section.
15 Nothing in this Section shall be construed to modify or
16 abrogate the affirmative defense of infancy under Section 6-1
17 of this Code or the provisions of Section 5-805 of the
18 Juvenile Court Act of 1987.
19 (b) Any medical examination or procedure which is
20 conducted by a physician, nurse, medical or hospital
21 personnel, parent, or caretaker for purposes and in a manner
22 consistent with reasonable medical standards is not an
23 offense under Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16
24 of this Code.
25 (c) Prosecution of a spouse of a victim under this
26 subsection for any violation by the victim's spouse of
27 Section 12-13, 12-14, 12-15 or 12-16 of this Code is barred
28 unless the victim reported such offense to a law enforcement
29 agency or the State's Attorney's office within 30 days after
30 the offense was committed, except when the court finds good
31 cause for the delay.
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1 (d) In addition to the sentences provided for in
2 Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the
3 Criminal Code of 1961 the Court may order any person who is
4 convicted of violating any of those Sections to meet all or
5 any portion of the financial obligations of treatment,
6 including but not limited to medical, psychiatric,
7 rehabilitative or psychological treatment, prescribed for the
8 victim or victims of the offense.
9 (e) After a finding at a preliminary hearing that there
10 is probable cause to believe that an accused has committed a
11 violation of Section 12-13, 12-14, or 12-14.1 of this Code,
12 or after an indictment is returned charging an accused with a
13 violation of Section 12-13, 12-14, or 12-14.1 of this Code,
14 at the request of the person who was the victim of the
15 violation of Section 12-13, 12-14, or 12-14.1, the
16 prosecuting State's attorney shall seek an order from the
17 court to compel the accused to be tested for infection with
18 human immunodeficiency virus (HIV). The medical test shall
19 be performed only by appropriately licensed medical
20 practitioners, and shall consist of an enzyme-linked
21 immunosorbent assay (ELISA) test, or such other test as may
22 be approved by the Illinois Department of Public Health; in
23 the event of a positive result, the Western Blot Assay or a
24 more reliable confirmatory test shall be administered. The
25 results of the test shall be kept strictly confidential by
26 all medical personnel involved in the testing and must be
27 personally delivered in a sealed envelope to the victim and
28 to the judge who entered the order, for the judge's
29 inspection in camera. Acting in accordance with the best
30 interests of the victim and the public, the judge shall have
31 the discretion to determine to whom, if anyone, the result of
32 the testing may be revealed; however, in no case shall the
33 identity of the victim be disclosed. The court shall order
34 that the cost of the test shall be paid by the county, and
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1 may be taxed as costs against the accused if convicted.
2 (f) Whenever any law enforcement officer has reasonable
3 cause to believe that a person has been delivered a
4 controlled substance without his or her consent, the law
5 enforcement officer they shall advise the victim about
6 seeking medical treatment and preserving evidence.
7 (g) Every hospital providing emergency hospital services
8 to an alleged sexual assault survivor, when there is In a
9 hospital, whenever any emergency room personnel has
10 reasonable cause to believe that a person has been delivered
11 a controlled substance without his or her consent, shall
12 designate personnel to designated by the hospital, other than
13 a physician licensed to practice medicine in all of its
14 branches, shall provide:
15 (1) An explanation to the victim about the nature
16 and effects of commonly used controlled substances and
17 how such controlled substances are administered.
18 (2) An offer to the victim of testing for the
19 presence of such controlled substances.
20 (3) A disclosure to the victim that all controlled
21 substances or alcohol ingested by the victim will be
22 disclosed by the test.
23 (4) A statement that the test is completely
24 voluntary.
25 (5) A form for written authorization for sample
26 analysis of all controlled substances and alcohol
27 ingested by the victim.
28 A physician licensed to practice medicine in all its
29 branches may agree to be a designated person under this
30 subsection.
31 No sample analysis may be performed unless the victim
32 returns a signed written authorization within 48 hours after
33 the sample was collected.
34 Any medical treatment or, care under this subsection, or
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1 testing shall only be only in accordance with the order of a
2 physician licensed to practice medicine in all of its
3 branches. Any testing under this subsection shall be only in
4 accordance with the order of a licensed individual authorized
5 to order the testing.
6 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
7 90-590, eff. 1-1-99; 90-735, eff. 8-11-98; revised 9-16-98.)
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