96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4081


 
Introduced 2/27/2009, by Rep. Kathleen A. Ryg
 
SYNOPSIS AS INTRODUCED:
 		








    



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


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







    Amends the Sexual Assault Survivors Emergency Treatment Act. Provides that any person (instead of minor) who is a sexual assault survivor who seeks emergency hospital services and forensic services or follow-up healthcare

under the Act shall be provided such services without the consent
of any parent, guardian, custodian, surrogate, or agent. Provides that 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. Provides that 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. Effective January 1, 2010.
















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A BILL FOR









 











HB4081

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    AN ACT concerning public health.

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


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



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


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

to sexual 
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assault survivors.

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


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        (1) appropriate medical examinations and laboratory

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    tests required to ensure the health, safety, and welfare
of 
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    a sexual assault survivor or which may be
used as evidence 
 


 






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    in a criminal proceeding against a person accused of the

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


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


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


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


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


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

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    sexually transmitted disease;


 


 






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

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

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    timely follow-up healthcare.

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

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

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

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

 



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


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    Sec. 6.4. Sexual assault evidence collection program. 

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

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collection kits which have been approved by the Illinois
State 
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Police to hospitals that request them, or arranging for
such 
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distribution by the manufacturer of the kits, (2) collection of 
 


 






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the kits
from hospitals after the kits have been  used to 
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collect
evidence, (3) analysis of the collected evidence and 
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conducting of laboratory
tests, (4) maintaining the chain of 
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custody and safekeeping of the evidence
for use in a legal 
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proceeding, and (5) the comparison of the collected evidence 
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with the genetic marker grouping analysis information 
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maintained by the Department of State Police under Section 
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5-4-3 of the Unified Code of Corrections and with the 
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information contained in the Federal Bureau of Investigation's 
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National DNA database; provided the amount and quality of 
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genetic marker grouping results obtained from the evidence in 
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the sexual assault case meets the requirements of both the 
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Department of State Police and the Federal Bureau of 
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Investigation's Combined DNA Index System (CODIS) policies.  
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The standardized evidence collection kit for
the State of 
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Illinois shall be the Illinois State Police Sexual Assault 
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Evidence Kit.
A sexual assault evidence collection kit may not 
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be released by a hospital
without the written consent of the 
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sexual assault survivor.  In the case of a
survivor who is a 
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minor 13 years of age or older, evidence and
information 
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concerning  the sexual assault may be released at the
written 
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request of the minor. If the survivor is a minor who is under 
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13 years
of age, evidence and information concerning the 
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alleged sexual assault may be
released at the written request 
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of the parent, guardian, investigating law
enforcement 
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officer, or Department of Children and Family Services. If the 
 


 






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survivor is an adult who has a guardian of the person, a health 
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care surrogate, or an agent acting under a health care power of 
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attorney, then consent of the guardian, surrogate, or agent is 
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not required to release evidence and information concerning the 
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sexual assault. If the adult is unable to provide consent for 
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the release of evidence and information and a guardian, 
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surrogate, or agent under a health care power of attorney is 
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unavailable or unwilling to release the information, then an 
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investigating law enforcement officer may authorize the 
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release. Any health
care professional, including any 
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physician, advanced practice nurse, physician assistant,  or 
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nurse, sexual assault nurse
examiner, and any health care

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

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

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


 






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available. All sexual assault evidence collected using the 
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State Police Evidence Collection Kits on or after January 1, 
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2005 (the effective date of Public Act 93-781) shall be 
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analyzed and tested by the Department of State Police within 
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one year after receipt of all necessary evidence and standards 
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into the State Police Laboratory if sufficient staffing and 
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resources are available.

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

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presence or participation of a physician.  The Department
shall

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

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

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

 

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