Public Act 096-0318
 		





HB4081 Enrolled
LRB096 11796 RPM 22608 b






    AN ACT concerning public health.

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


 
    Section 5. The Sexual Assault Survivors Emergency 
Treatment Act is amended  by changing Sections 5 and 6.4 as 
follows:
 



    (410 ILCS 70/5)  (from Ch. 111 1/2, par. 87-5)


    Sec. 5. Minimum requirements for hospitals providing 
hospital emergency services and forensic services

to sexual 
assault survivors.

    (a) Every hospital providing hospital emergency services 
and forensic services to
sexual assault survivors under this 
Act
shall, as minimum requirements for such services, provide, 
with the consent
of the sexual assault survivor, and as ordered 
by the attending
physician, an advanced practice nurse who has 
a written collaborative agreement with a collaborating 
physician that authorizes provision of emergency services, or a 
physician assistant who has been delegated authority to provide 
hospital emergency services and forensic services, the 
following:


        (1) appropriate medical examinations and laboratory

    tests required to ensure the health, safety, and welfare
of 
    a sexual assault survivor or which may be
used as evidence 
    in a criminal proceeding against a person accused of the

    sexual assault, or both; and records of the results of such 
    examinations
and tests shall be maintained by the hospital 
    and made available to law
enforcement officials upon the 
    request of the sexual assault survivor;


        (2) appropriate oral and written information 
    concerning the possibility
of infection, sexually 
    transmitted disease and pregnancy
resulting from sexual 
    assault;


        (3) appropriate oral and written information 
    concerning accepted medical
procedures, medication, and 
    possible contraindications of such medication
available 
    for the prevention or treatment of infection or disease 
    resulting
from sexual assault;


        (4) an amount of  medication for treatment at the 
    hospital and after discharge as is deemed appropriate by 
    the attending physician, an advanced practice nurse, or a 
    physician assistant and consistent with the hospital's 
    current approved protocol for sexual assault survivors;


        (5) an evaluation of the sexual assault survivor's risk 
    of contracting human immunodeficiency virus (HIV) from the 
    sexual assault;


        (6) written and oral instructions indicating the need 
    for follow-up examinations and laboratory tests after the 
    sexual assault to determine the presence or absence of

    sexually transmitted disease;


        (7) referral by hospital personnel for appropriate 
    counseling; and

        (8) when HIV prophylaxis is deemed appropriate, an 
    initial dose or doses of HIV prophylaxis, along with 
    written and oral instructions indicating the importance of

    timely follow-up healthcare.

    (b) Any person minor who is a sexual assault survivor who 
seeks emergency hospital services and forensic services or 
follow-up healthcare

under this Act shall be provided such 
services without the consent
of any the parent, guardian, or 
custodian, surrogate, or agent of the minor.

    (c) Nothing in this Section creates a physician-patient 
relationship that extends beyond discharge from the hospital 
emergency department.

(Source: P.A. 94-434, eff. 1-1-06; 95-432, eff. 1-1-08.)

 



    (410 ILCS 70/6.4)  (from Ch. 111 1/2, par. 87-6.4)


    Sec. 6.4. Sexual assault evidence collection program. 

    (a) There is created a statewide sexual assault evidence 
collection program
to facilitate the prosecution of persons 
accused of sexual assault.  This
program shall be administered 
by the Illinois
State Police.  The program shall
consist of the 
following:  (1) distribution of sexual assault evidence

collection kits which have been approved by the Illinois
State 
Police to hospitals that request them, or arranging for
such 
distribution by the manufacturer of the kits, (2) collection of 
the kits
from hospitals after the kits have been  used to 
collect
evidence, (3) analysis of the collected evidence and 
conducting of laboratory
tests, (4) maintaining the chain of 
custody and safekeeping of the evidence
for use in a legal 
proceeding, and (5) the comparison of the collected evidence 
with the genetic marker grouping analysis information 
maintained by the Department of State Police under Section 
5-4-3 of the Unified Code of Corrections and with the 
information contained in the Federal Bureau of Investigation's 
National DNA database; provided the amount and quality of 
genetic marker grouping results obtained from the evidence in 
the sexual assault case meets the requirements of both the 
Department of State Police and the Federal Bureau of 
Investigation's Combined DNA Index System (CODIS) policies.  
The standardized evidence collection kit for
the State of 
Illinois shall be the Illinois State Police Sexual Assault 
Evidence Kit.
A sexual assault evidence collection kit may not 
be released by a hospital
without the written consent of the 
sexual assault survivor.  In the case of a
survivor who is a 
minor 13 years of age or older, evidence and
information 
concerning  the sexual assault may be released at the
written 
request of the minor. If the survivor is a minor who is under 
13 years
of age, evidence and information concerning the 
alleged sexual assault may be
released at the written request 
of the parent, guardian, investigating law
enforcement 
officer, or Department of Children and Family Services. If the 
survivor is an adult who has a guardian of the person, a health 
care surrogate, or an agent acting under a health care power of 
attorney, then consent of the guardian, surrogate, or agent is 
not required to release evidence and information concerning the 
sexual assault. If the adult is unable to provide consent for 
the release of evidence and information and a guardian, 
surrogate, or agent under a health care power of attorney is 
unavailable or unwilling to release the information, then an 
investigating law enforcement officer may authorize the 
release. Any health
care professional, including any 
physician, advanced practice nurse, physician assistant,  or 
nurse, sexual assault nurse
examiner, and any health care

institution, including any hospital, who provides evidence or 
information to a
law enforcement officer pursuant to a written 
request as specified in this
Section is immune from any civil 
or professional liability that might arise
from those actions, 
with the exception of willful or wanton misconduct.  The

immunity provision applies only if all of the requirements of 
this Section are
met.

    (a-5) All sexual assault evidence collected using the State 
Police Evidence Collection Kits before January 1, 2005 (the 
effective date of Public Act 93-781) that have not been 
previously analyzed and tested by the Department of State 
Police shall be analyzed and tested within 2 years after 
receipt of all necessary evidence and standards into the State 
Police Laboratory if sufficient staffing and resources are 
available. All sexual assault evidence collected using the 
State Police Evidence Collection Kits on or after January 1, 
2005 (the effective date of Public Act 93-781) shall be 
analyzed and tested by the Department of State Police within 
one year after receipt of all necessary evidence and standards 
into the State Police Laboratory if sufficient staffing and 
resources are available.

    (b) The Illinois State Police shall administer a program to 
train hospitals
and hospital personnel participating in the 
sexual assault evidence collection
program, in the correct use 
and application of the sexual assault evidence
collection kits.  
A sexual assault nurse examiner may conduct
examinations using 
the sexual assault evidence collection kits, without the

presence or participation of a physician.  The Department
shall

cooperate with the Illinois State Police in this
program as it 
pertains to medical aspects of the evidence collection.

    (c) In this Section, "sexual assault nurse examiner" means 
a registered
nurse
who has completed a sexual assault nurse 
examiner (SANE) training program that
meets the Forensic Sexual 
Assault Nurse Examiner Education Guidelines
established by the 
International Association of Forensic Nurses.

(Source: P.A. 95-331, eff. 8-21-07; 95-432, eff. 1-1-08.)

 

    Section 99. Effective date. This Act takes effect January 
1, 2010.