Public Act 098-0761
 
SB2956 EnrolledLRB098 12948 RLC 47455 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 2012 is amended  by changing 
Section 11-1.10 as follows:
 



    (720 ILCS 5/11-1.10)  (was 720 ILCS 5/12-18)


    Sec. 11-1.10. General provisions concerning offenses 
described in Sections 11-1.20 through 11-1.60. 

    (a) No person accused of violating Section 11-1.20, 
11-1.30, 11-1.40, 11-1.50, or 11-1.60
of this Code shall be 
presumed to be incapable of committing an offense
prohibited by 
Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this 
Code
because of age, physical condition or relationship to the 
victim.  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 Section 
11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.

    (c) (Blank).

    (d) (Blank).

    (e) The prosecuting State's Attorney shall seek an order 
from the court to compel the accused to be tested for any 
sexually
transmissible disease, including a test for infection 
with
human immunodeficiency virus (HIV), within 48 hours:
        (1)  after After a finding at a preliminary hearing that 
    there is probable
cause to believe that an accused has 
    committed a violation of Section 11-1.20, 11-1.30, or 
    11-1.40
 of this Code, or
        (2) after an indictment is returned
charging an accused 
    with a violation of Section 11-1.20, 11-1.30, or 11-1.40 of

    this Code,
or
        (3) after a finding that a defendant charged with a 
    violation of Section 11-1.20, 11-1.30, or 11-1.40
 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 the preliminary
hearing, or
        (4) after
at the request of the person who was the 
    victim of the violation of
Section 11-1.20, 11-1.30, or 
    11-1.40. ,
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 Such testing shall consist of a test 
approved by the Illinois Department of Public Health to 
determine the presence of HIV infection, based upon 
recommendations of the United States Centers for Disease 
Control and Prevention; in the event of a
positive result, a 
reliable supplemental
test based upon recommendations of the 
United States Centers for Disease Control and Prevention 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 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. 96-1551, eff. 7-1-11; incorporates 97-244, eff. 
8-4-11; 97-1109, eff. 1-1-13.)

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