Bill Status of SB 3404   100th General Assembly

Short Description:  SEXUAL VIOLENCE-HIGHER EDUC

Senate Sponsors
Sen. Kwame Raoul-Michael Connelly-Elgie R. Sims, Jr.-Jacqueline Y. Collins-Iris Y. Martinez and Thomas Cullerton

House Sponsors
(Rep. Christian L. Mitchell-Jonathan Carroll-Carol Ammons-Frances Ann Hurley, Tony McCombie, Terri Bryant, Rita Mayfield, Kelly M. Cassidy and Patricia R. Bellock)


Last Action  View All Actions

DateChamber Action
  8/24/2018SenatePublic Act . . . . . . . . . 100-1087

Statutes Amended In Order of Appearance
725 ILCS 5/100-1from Ch. 38, par. 100-1

Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning the short title.

Senate Committee Amendment No. 1
Deletes reference to:
725 ILCS 5/100-1
Adds reference to:
110 ILCS 155/10
235 ILCS 5/6-20from Ch. 43, par. 134a
410 ILCS 70/5from Ch. 111 1/2, par. 87-5
720 ILCS 5/3-6from Ch. 38, par. 3-6
720 ILCS 570/415 new
725 ILCS 120/4from Ch. 38, par. 1404
725 ILCS 120/4.6 new
725 ILCS 203/25

Replaces everything after the enacting clause. Amends the Preventing Sexual Violence in Higher Education Act. Provides that a statement of the higher education institution's obligation to include an amnesty provision that provides immunity to any student who reports, in good faith, an alleged violation of the higher education institution's comprehensive policy to a responsible employee shall include possession or use of a controlled substance. Amends the Sexual Assault Survivors Emergency Treatment Act. Provides that every hospital providing hospital emergency services and forensic services to sexual assault survivors shall provide after a medical evidentiary or physical examination, access to a shower at no cost, unless showering facilities are unavailable. Amends the Rights of Crime Victims and Witnesses Act. Provides that upon the request of the victim, the law enforcement agency having jurisdiction shall provide a free copy of the police report concerning the incident, as soon as practicable, but in no event later than 5 business days from the request. Amends the Liquor Control Act of 1934 and the Illinois Controlled substances Act limiting prosecution for certain offenses if the person is reporting the commission of a sexual assault if certain perquisites are met. Amends the Criminal Code of 2012. Provides that reporting to law enforcement authorities includes consenting to an Illinois State Police Sexual Assault Evidence Collection Kit under the Sexual Assault Survivors Emergency Treatment Act. Amends the Sexual Assault Incident Procedure Act. Provides that law enforcement shall give notice that the sexual assault forensic evidence collected will not be used to prosecute the victim for any offense related to the use of alcohol, cannabis, or a controlled substance. Makes other changes.

Senate Floor Amendment No. 2
Provides that if the victim consented to the collection of evidence using an Illinois State Police Sexual Assault Evidence Collection Kit under the Sexual Assault Survivors Emergency Treatment Act, it shall constitute reporting for purposes of the provision (in Senate Amendment No. 1, reporting to law enforcement authorities includes consenting to an Illinois State Police Sexual Assault Evidence Collection Kit under the Sexual Assault Survivors Emergency Treatment Act).

Senate Floor Amendment No. 3
Deletes language providing that the victim's attorney may be present during any stage of a medical examination.

House Floor Amendment No. 1
Adds reference to:
410 ILCS 70/6.5
725 ILCS 203/30

Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill. Further amends the Sexual Assault Incident Procedure Act. Provides a victim shall have 10 years (currently, 5 years) from the completion of an Illinois State Police Sexual Assault Evidence Collection Kit, or 10 years from the age of 18 years, whichever is longer, to sign a written consent to release the sexual assault evidence to law enforcement for testing. Makes conforming changes to the Sexual Assault Survivors Emergency Treatment Act.

Actions 
DateChamber Action
  2/16/2018SenateFiled with Secretary by Sen. Kwame Raoul
  2/16/2018SenateFirst Reading
  2/16/2018SenateReferred to Assignments
  2/27/2018SenateAssigned to Criminal Law
  2/28/2018SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul
  2/28/2018SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/1/2018SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  3/13/2018SenateSenate Committee Amendment No. 1 Adopted
  3/14/2018SenateDo Pass as Amended Criminal Law; 011-000-000
  3/14/2018SenatePlaced on Calendar Order of 2nd Reading April 10, 2018
  3/14/2018SenateAdded as Chief Co-Sponsor Sen. Michael Connelly
  4/4/2018SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Kwame Raoul
  4/4/2018SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/10/2018SenateSenate Floor Amendment No. 2 Assignments Refers to Criminal Law
  4/11/2018SenateSenate Floor Amendment No. 2 Recommend Do Adopt Criminal Law; 008-000-000
  4/19/2018SenateSenate Floor Amendment No. 2 Adopted; Raoul
  4/19/2018SenateSecond Reading
  4/19/2018SenatePlaced on Calendar Order of 3rd Reading April 23, 2018
  4/24/2018SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Kwame Raoul
  4/24/2018SenateSenate Floor Amendment No. 3 Referred to Assignments
  4/24/2018SenateSenate Floor Amendment No. 3 Assignments Refers to Criminal Law
  4/24/2018SenateSenate Floor Amendment No. 3 Recommend Do Adopt Criminal Law; 009-000-000
  4/25/2018SenateAdded as Chief Co-Sponsor Sen. Elgie R. Sims, Jr.
  4/26/2018SenateRecalled to Second Reading
  4/26/2018SenateSenate Floor Amendment No. 3 Adopted; Raoul
  4/26/2018SenatePlaced on Calendar Order of 3rd Reading
  4/26/2018SenateThird Reading - Passed; 054-000-000
  4/26/2018SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  4/26/2018HouseArrived in House
  4/26/2018HouseChief House Sponsor Rep. Christian L. Mitchell
  4/26/2018HouseFirst Reading
  4/26/2018HouseReferred to Rules Committee
  5/7/2018HouseAssigned to Judiciary - Criminal Committee
  5/15/2018HouseDo Pass / Short Debate Judiciary - Criminal Committee; 012-000-000
  5/17/2018HousePlaced on Calendar 2nd Reading - Short Debate
  5/17/2018HouseAdded Alternate Co-Sponsor Rep. Tony McCombie
  5/18/2018HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Christian L. Mitchell
  5/18/2018HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/21/2018HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  5/23/2018SenateAdded as Chief Co-Sponsor Sen. Iris Y. Martinez
  5/23/2018HouseSecond Reading - Short Debate
  5/23/2018HouseHeld on Calendar Order of Second Reading - Short Debate
  5/24/2018HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; 013-000-000
  5/24/2018HouseAdded Alternate Co-Sponsor Rep. Terri Bryant
  5/24/2018HouseAdded Alternate Co-Sponsor Rep. Rita Mayfield
  5/24/2018HouseAdded Alternate Co-Sponsor Rep. Kelly M. Cassidy
  5/24/2018HouseHouse Floor Amendment No. 1 Adopted
  5/24/2018HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/24/2018HouseAdded Alternate Chief Co-Sponsor Rep. Carol Ammons
  5/25/2018HouseFinal Action Deadline Extended-9(b) May 31, 2018
  5/29/2018HouseThird Reading - Short Debate - Passed 117-000-000
  5/29/2018HouseAdded Alternate Co-Sponsor Rep. Patricia R. Bellock
  5/29/2018HouseAdded Alternate Chief Co-Sponsor Rep. Jonathan Carroll
  5/29/2018HouseAdded Alternate Chief Co-Sponsor Rep. Frances Ann Hurley
  5/29/2018SenateSecretary's Desk - Concurrence House Amendment(s) 1
  5/29/2018SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 30, 2018
  5/29/2018SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Kwame Raoul
  5/29/2018SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Assignments
  5/30/2018SenateHouse Floor Amendment No. 1 Motion to Concur Assignments Referred to Executive
  5/30/2018SenateHouse Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 010-000-000
  5/31/2018SenateHouse Floor Amendment No. 1 Senate Concurs 054-000-000
  5/31/2018SenateSenate Concurs
  5/31/2018SenatePassed Both Houses
  6/8/2018SenateAdded as Co-Sponsor Sen. Thomas Cullerton
  6/29/2018SenateSent to the Governor
  8/24/2018SenateGovernor Approved
  8/24/2018SenateEffective Date January 1, 2019
  8/24/2018SenatePublic Act . . . . . . . . . 100-1087

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