Illinois General Assembly - Full Text of SB0333
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Full Text of SB0333  103rd General Assembly




SB0333 EngrossedLRB103 26029 AWJ 52384 b

1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal Identification Act is amended by
5changing Section 3.2 as follows:
6    (20 ILCS 2630/3.2)  (from Ch. 38, par. 206-3.2)
7    Sec. 3.2. (a) It is the duty of any person conducting or
8operating a medical facility, or any physician or nurse, as
9soon as treatment permits, to notify the local law enforcement
10agency of that jurisdiction upon the application for treatment
11of a person who is not accompanied by a law enforcement
12officer, when it reasonably appears that the person requesting
13treatment has received:
14        (1) any injury resulting from the discharge of a
15    firearm; or
16        (2) any injury sustained in the commission of or as a
17    victim of a criminal offense; or .
18        (3) any injury sustained as a victim of a criminal
19    offense. Except, when it reasonably appears that the
20    person requesting treatment is a sexual assault survivor
21    age 13 or older, a person conducting or operating a
22    medical facility, or a physician or nurse at the medical
23    facility, must notify the local law enforcement as



SB0333 Engrossed- 2 -LRB103 26029 AWJ 52384 b

1    follows:
2            (A) If a sexual assault survivor consents to
3        notification being made, local law enforcement must be
4        notified as soon as treatment permits. If the sexual
5        assault or sexual abuse occurred in another
6        jurisdiction, the law enforcement officer taking the
7        report must submit the report to the law enforcement
8        agency having jurisdiction as provided in subsection
9        (c) of Section 20 of the Sexual Assault Incident
10        Procedure Act.
11            (B) The health care provider must advise the
12        survivor about the options for timing of the law
13        enforcement notification, ask the survivor if the
14        survivor has been threatened, and offer to connect the
15        survivor with a rape crisis center for safety
16        planning, if appropriate. If a sexual assault survivor
17        does not consent to notification being made as soon as
18        treatment permits, notification to the law enforcement
19        agency having jurisdiction must be delayed until after
20        the sexual assault survivor leaves the outpatient
21        treatment location, but no later than 24 hours after
22        the sexual assault survivor leaves. If the law
23        enforcement agency having jurisdiction cannot be
24        reasonably determined, then notification shall be made
25        to the local law enforcement agency of the medical
26        facility.



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1            (C) If a sexual assault survivor does not consent
2        to notification being made as soon as treatment
3        permits and only consents to the collection and
4        storage of evidence, the person conducting or
5        operating a medical facility, or a physician or nurse
6        at the medical facility, must make the notification in
7        accordance with Section 6.6 or 6.6-1 of the Sexual
8        Assault Survivors Emergency Treatment Act. Law
9        enforcement may not be given any personal identifying
10        information for the sexual assault survivor other than
11        using the unique sexual assault evidence kit
12        identification number assigned to the Illinois State
13        Police evidence collection kit or the sexual assault
14        survivor's medical record number. The medical
15        facility, physician, or nurse must record the unique
16        sexual assault evidence kit identification number in
17        the medical record, if one exists, and shall provide
18        the number to the sexual assault survivor or the
19        sexual assault survivor's designee at the time of
20        treatment and later at the request of the sexual
21        assault survivor or their designee.
22            (D) The sexual assault survivor's decision
23        regarding notification of law enforcement must be
24        documented in the medical record. The documentation
25        must also include confirmation that the question in
26        subparagraph (B) was asked of the survivor.



SB0333 Engrossed- 4 -LRB103 26029 AWJ 52384 b

1            (E) The notification to law enforcement must be
2        limited to the following information:
3                (i) the date and time the sexual assault
4            survivor presented for treatment;
5                (ii) the nature of the criminal offense;
6                (iii) the municipality, township, or county
7            where the criminal offense occurred;
8                (iv) when necessary to prevent serious and
9            imminent physical harm to others, information that
10            identifies a perpetrator who poses a serious and
11            imminent threat to an identifiable group or
12            individual other than the victim;
13                (v) when applicable, the unique sexual assault
14            evidence kit identification number; and
15                (vi) additional information and details about
16            the criminal offense or the sexual assault
17            survivor that the sexual assault survivor gives
18            consent to be given, and this consent must be
19            documented in the medical record.
20            (F) Nothing in this subsection permits a delay in
21        notification to law enforcement when a patient admits
22        to committing a violent crime.
23            (G) Nothing in this subsection permits a delay in
24        notification to law enforcement when a sexual assault
25        survivor is admitted or treated for an injury due to
26        discharge of a firearm or life-threatening injuries.



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1        Notification related to the sexual assault shall
2        otherwise meet the requirements of this subsection.
3            (H) Nothing in this subsection changes the
4        obligations of mandated reporters under the Abused and
5        Neglected Child Reporting Act, the Adult Protective
6        Services Act, and the Abused and Neglected Long Term
7        Care Facility Residents Reporting Act, and nothing in
8        this subsection requires a delay in notification of
9        law enforcement by the Department of Children and
10        Family Services, Adult Protective Services, or any
11        other agency receiving a mandated report.
12    Any hospital, physician or nurse shall be forever held
13harmless from any civil liability for their reasonable
14compliance with the provisions of this Section.
15    (b) Notwithstanding subsection (a), nothing in this
16Section shall be construed to require the reporting of lawful
17health care activity, whether such activity may constitute a
18violation of another state's law.
19    (c) As used in this Section:
20    "Law enforcement agency having jurisdiction" and "sexual
21assault survivor" have the meanings given to those terms in
22Section 1a of the Sexual Assault Survivors Emergency Treatment
24    "Lawful health care" means:
25        (1) reproductive health care that is not unlawful
26    under the laws of this State, including on any theory of



SB0333 Engrossed- 6 -LRB103 26029 AWJ 52384 b

1    vicarious, joint, several, or conspiracy liability; or
2        (2) the treatment of gender dysphoria or the
3    affirmation of an individual's gender identity or gender
4    expression, including but not limited to, all supplies,
5    care, and services of a medical, behavioral health, mental
6    health, surgical, psychiatric, therapeutic, diagnostic,
7    preventative, rehabilitative, or supportive nature that is
8    not unlawful under the laws of this State, including on
9    any theory of vicarious, joint, several, or conspiracy
10    liability.
11    "Lawful health care activity" means seeking, providing,
12receiving, assisting in seeking, providing, or receiving,
13providing material support for, or traveling to obtain lawful
14health care.
15(Source: P.A. 102-1117, eff. 1-13-23.)