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| 1 | AN ACT concerning health.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Sexual Assault Survivors Emergency | ||||||
| 5 | Treatment Act is amended by changing Section 6.4 as follows:
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| 6 | (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
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| 7 | Sec. 6.4. Sexual assault evidence collection program.
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| 8 | (a) There is created a statewide sexual assault evidence | ||||||
| 9 | collection program
to facilitate the prosecution of persons | ||||||
| 10 | accused of sexual assault. This
program shall be administered | ||||||
| 11 | by the Illinois
State Police. The program shall
consist of the | ||||||
| 12 | following: (1) distribution of sexual assault evidence
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| 13 | collection kits which have been approved by the Illinois
State | ||||||
| 14 | Police to hospitals that request them, or arranging for
such | ||||||
| 15 | distribution by the manufacturer of the kits, (2) collection of | ||||||
| 16 | the kits
from hospitals after the kits have been used to | ||||||
| 17 | collect
evidence, (3) analysis of the collected evidence and | ||||||
| 18 | conducting of laboratory
tests, (4) maintaining the chain of | ||||||
| 19 | custody and safekeeping of the evidence
for use in a legal | ||||||
| 20 | proceeding, and (5) the comparison of the collected evidence | ||||||
| 21 | with the genetic marker grouping analysis information | ||||||
| 22 | maintained by the Department of State Police under Section | ||||||
| 23 | 5-4-3 of the Unified Code of Corrections and with the | ||||||
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| 1 | information contained in the Federal Bureau of Investigation's | ||||||
| 2 | National DNA database; provided the amount and quality of | ||||||
| 3 | genetic marker grouping results obtained from the evidence in | ||||||
| 4 | the sexual assault case meets the requirements of both the | ||||||
| 5 | Department of State Police and the Federal Bureau of | ||||||
| 6 | Investigation's Combined DNA Index System (CODIS) policies. | ||||||
| 7 | The standardized evidence collection kit for
the State of | ||||||
| 8 | Illinois shall be the Illinois State Police Sexual Assault | ||||||
| 9 | Evidence Kit.
A sexual assault evidence collection kit may not | ||||||
| 10 | be released by a hospital
without the written consent of the | ||||||
| 11 | sexual assault survivor. In the case of a
survivor who is a | ||||||
| 12 | minor 13 years of age or older, evidence and
information | ||||||
| 13 | concerning the sexual assault may be released at the
written | ||||||
| 14 | request of the minor. If the survivor is a minor who is under | ||||||
| 15 | 13 years
of age, evidence and information concerning the | ||||||
| 16 | alleged sexual assault may be
released at the written request | ||||||
| 17 | of the parent, guardian, investigating law
enforcement | ||||||
| 18 | officer, or Department of Children and Family Services. If the | ||||||
| 19 | survivor is an adult who has a guardian of the person, a health | ||||||
| 20 | care surrogate, or an agent acting under a health care power of | ||||||
| 21 | attorney, then consent of the guardian, surrogate, or agent is | ||||||
| 22 | not required to release evidence and information concerning the | ||||||
| 23 | sexual assault. If the adult is unable to provide consent for | ||||||
| 24 | the release of evidence and information and a guardian, | ||||||
| 25 | surrogate, or agent under a health care power of attorney is | ||||||
| 26 | unavailable or unwilling to release the information, then an | ||||||
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| 1 | investigating law enforcement officer may authorize the | ||||||
| 2 | release. Any health
care professional, including any | ||||||
| 3 | physician, advanced practice nurse, physician assistant, or | ||||||
| 4 | nurse, sexual assault nurse
examiner, and any health care
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| 5 | institution, including any hospital, who provides evidence or | ||||||
| 6 | information to a
law enforcement officer pursuant to a written | ||||||
| 7 | request as specified in this
Section is immune from any civil | ||||||
| 8 | or professional liability that might arise
from those actions, | ||||||
| 9 | with the exception of willful or wanton misconduct. The
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| 10 | immunity provision applies only if all of the requirements of | ||||||
| 11 | this Section are
met.
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| 12 | (a-5) All sexual assault evidence collected using the State | ||||||
| 13 | Police Evidence Collection Kits before January 1, 2005 (the | ||||||
| 14 | effective date of Public Act 93-781) that have not been | ||||||
| 15 | previously analyzed and tested by the Department of State | ||||||
| 16 | Police shall be analyzed and tested within 2 years after | ||||||
| 17 | receipt of all necessary evidence and standards into the State | ||||||
| 18 | Police Laboratory if sufficient staffing and resources are | ||||||
| 19 | available. All sexual assault evidence collected using the | ||||||
| 20 | State Police Evidence Collection Kits on or after January 1, | ||||||
| 21 | 2005 (the effective date of Public Act 93-781) shall be | ||||||
| 22 | analyzed and tested by the Department of State Police within 6 | ||||||
| 23 | months one year after receipt of all necessary evidence and | ||||||
| 24 | standards into the State Police Laboratory if sufficient | ||||||
| 25 | staffing and resources are available.
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| 26 | (b) The Illinois State Police shall administer a program to | ||||||
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| 1 | train hospitals
and hospital personnel participating in the | ||||||
| 2 | sexual assault evidence collection
program, in the correct use | ||||||
| 3 | and application of the sexual assault evidence
collection kits. | ||||||
| 4 | A sexual assault nurse examiner may conduct
examinations using | ||||||
| 5 | the sexual assault evidence collection kits, without the
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| 6 | presence or participation of a physician. The Department
shall
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| 7 | cooperate with the Illinois State Police in this
program as it | ||||||
| 8 | pertains to medical aspects of the evidence collection.
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| 9 | (c) In this Section, "sexual assault nurse examiner" means | ||||||
| 10 | a registered
nurse
who has completed a sexual assault nurse | ||||||
| 11 | examiner (SANE) training program that
meets the Forensic Sexual | ||||||
| 12 | Assault Nurse Examiner Education Guidelines
established by the | ||||||
| 13 | International Association of Forensic Nurses.
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| 14 | (Source: P.A. 95-331, eff. 8-21-07; 95-432, eff. 1-1-08; | ||||||
| 15 | 96-318, eff. 1-1-10.)
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| 16 | Section 99. Effective date. This Act takes effect upon | ||||||
| 17 | becoming law.
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