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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.