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.