Public Act 095-0926
 		





SB2355 Enrolled
LRB095 18741 RLC 44854 b






    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Criminal Code of 1961 is amended  by changing 
Section 12-18 as follows:
 



    (720 ILCS 5/12-18)  (from Ch. 38, par. 12-18)


    Sec. 12-18. General Provisions. 

    (a) No person accused of violating Sections 12-13, 12-14, 
12-15 or 12-16
of this Code shall be presumed to be incapable 
of committing an offense
prohibited by Sections 12-13, 12-14, 
12-14.1, 12-15 or 12-16 of this Code
because of age, physical 
condition or relationship to the victim, except as
otherwise 
provided in subsection (c) of this Section.  Nothing in this 
Section
shall be construed to modify or abrogate the 
affirmative defense of infancy
under Section 6-1 of this Code 
or the provisions of Section 5-805 of the
Juvenile Court Act of 
1987.

    (b) Any medical examination or procedure which is conducted 
by a physician,
nurse, medical or hospital personnel, parent, 
or caretaker for purposes
and in a manner consistent with 
reasonable medical standards is not an offense
under Sections 
12-13, 12-14, 12-14.1, 12-15 and 12-16 of this Code.

    (c) (Blank).

    (d) (Blank).

    (e) After a finding at a preliminary hearing that there is 
probable
cause to believe that an accused has committed a 
violation of Section
12-13, 12-14, or 12-14.1 of this Code, or 
after an indictment is returned
charging an accused with a 
violation of Section 12-13, 12-14, or 12-14.1 of
this Code,
or 
after a finding that a defendant charged with a violation of 
Section
12-13, 12-14, or 12-14.1 of this Code is unfit to stand 
trial pursuant to
Section 104-16 of the Code of
Criminal 
Procedure of 1963 where the finding is made prior to 
preliminary
hearing,
at the request of the person who was the 
victim of the violation of
Section 12-13, 12-14, or 12-14.1, 
the prosecuting State's attorney shall seek
an order from the 
court to compel the accused to be tested within 48 hours for 
any sexually
transmissible disease, including a test for 
infection with
human immunodeficiency virus (HIV).  The medical 
tests shall be
performed only
by appropriately licensed medical 
practitioners.  The test for infection with
human 
immunodeficiency virus (HIV) shall consist of an
enzyme-linked 
immunosorbent assay (ELISA) test, or such other test as may
be 
approved by the Illinois Department of Public Health; in the 
event of a
positive result, the Western Blot Assay or a more 
reliable confirmatory
test shall be administered.  The results 
of the tests and any follow-up tests shall be
kept
strictly 
confidential by all medical personnel involved in the testing 
and
must be personally delivered in a sealed envelope to the 
victim, to the defendant, to the State's Attorney, and to the

judge who entered the order, for the judge's inspection in 
camera.  The judge shall provide to the victim a referral to the 
Illinois Department of Public Health HIV/AIDS toll-free 
hotline for counseling and information in connection with the 
test result. Acting
in accordance with the best interests of 
the victim and the public, the
judge shall have the discretion 
to determine to whom, if anyone, the result
of the testing may 
be revealed; however, in no case shall the identity of
the 
victim be disclosed.  The court shall order that the cost of the 
tests
shall be paid by the county, and shall may be taxed as 
costs against the accused
if convicted.

    (f) Whenever any law enforcement officer has reasonable 
cause to believe
that a person has been delivered a controlled 
substance without his or her
consent, the law enforcement 
officer shall advise the victim about seeking
medical treatment 
and preserving evidence.

    (g) Every hospital providing emergency hospital services 
to an alleged
sexual assault survivor, when there is reasonable

cause to believe that a person has been delivered a controlled 
substance
without his or her consent, shall designate personnel 
to provide:

        (1) An explanation to the victim about the nature and 
    effects of commonly
used controlled substances and how such 
    controlled substances are administered.

        (2) An offer to the victim of testing for the presence 
    of such controlled
substances.

        (3) A disclosure to the victim that all controlled 
    substances or alcohol
ingested by the victim will be 
    disclosed by the test.

        (4) A statement that the test is completely voluntary.

        (5) A form for written authorization for sample 
    analysis of all controlled
substances and alcohol ingested 
    by the victim.

    A physician licensed to practice medicine in all its 
branches may agree to
be a designated person under this 
subsection.

    No sample analysis may be performed unless the victim

returns a signed written authorization within 30 days

after the 
sample was
collected.

    Any medical treatment or care under this subsection shall 
be only in
accordance with the order of a physician licensed to 
practice medicine in all
of its branches.  Any testing under 
this subsection shall be only in accordance
with the order of a 
licensed individual authorized to order the testing.

(Source: P.A. 93-958, eff. 8-20-04; 94-397, eff. 1-1-06.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.