HB2932eng 93rd General Assembly


HB2932 Engrossed                     LRB093 06929 RLC 07075 b

 1        AN ACT in relation to criminal law.

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

 4        Section  5.   The  Criminal  Code  of  1961 is amended by
 5    changing Section 12-18 as follows:

 6        (720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
 7        Sec. 12-18.  General Provisions.
 8        (a)  No  person  accused  of  violating  Sections  12-13,
 9    12-14, 12-15 or 12-16 of this Code shall be  presumed  to  be
10    incapable  of  committing  an  offense prohibited by Sections
11    12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code because of
12    age, physical condition or relationship to the victim, except
13    as otherwise provided in  subsection  (c)  of  this  Section.
14    Nothing  in  this  Section  shall  be  construed to modify or
15    abrogate the affirmative defense of infancy under Section 6-1
16    of this Code or  the  provisions  of  Section  5-805  of  the
17    Juvenile Court Act of 1987.
18        (b)  Any   medical  examination  or  procedure  which  is
19    conducted  by  a  physician,  nurse,  medical   or   hospital
20    personnel,  parent, or caretaker for purposes and in a manner
21    consistent  with  reasonable  medical  standards  is  not  an
22    offense under Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16
23    of this Code.
24        (c)  Prosecution of a  spouse  of  a  victim  under  this
25    subsection  for  any  violation  by  the  victim's  spouse of
26    Section 12-13, 12-14, 12-15 or 12-16 of this Code  is  barred
27    unless  the victim reported such offense to a law enforcement
28    agency or the State's Attorney's office within  6  months  30
29    days  after  the offense was committed, except when the court
30    finds good cause for the delay.
31        (d)  In  addition  to  the  sentences  provided  for   in
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 1    Sections  12-13,  12-14,  12-14.1,  12-15  and  12-16  of the
 2    Criminal Code of 1961 the Court may order any person  who  is
 3    convicted  of  violating any of those Sections to meet all or
 4    any  portion  of  the  financial  obligations  of  treatment,
 5    including  but   not   limited   to   medical,   psychiatric,
 6    rehabilitative or psychological treatment, prescribed for the
 7    victim or victims of the offense.
 8        (e)  After  a finding at a preliminary hearing that there
 9    is probable cause to believe that an accused has committed  a
10    violation  of  Section 12-13, 12-14, or 12-14.1 of this Code,
11    or after an indictment is returned charging an accused with a
12    violation of Section 12-13, 12-14, or 12-14.1 of  this  Code,
13    or  after a finding that a defendant charged with a violation
14    of Section 12-13, 12-14, or 12-14.1 of this Code is unfit  to
15    stand  trial  pursuant  to  Section  104-16  of  the  Code of
16    Criminal Procedure of 1963 where the finding is made prior to
17    preliminary hearing, at the request of the person who was the
18    victim of the violation of Section 12-13, 12-14, or  12-14.1,
19    the prosecuting State's attorney shall seek an order from the
20    court  to  compel  the  accused to be tested for any sexually
21    transmissible disease, including a test  for  infection  with
22    human  immunodeficiency virus (HIV).  The medical tests shall
23    be  performed  only   by   appropriately   licensed   medical
24    practitioners.    The   test   for   infection   with   human
25    immunodeficiency    virus   (HIV)   shall   consist   of   an
26    enzyme-linked immunosorbent assay (ELISA) test, or such other
27    test as may be approved by the Illinois Department of  Public
28    Health;  in  the event of a positive result, the Western Blot
29    Assay  or  a  more  reliable  confirmatory  test   shall   be
30    administered.   The  results  of  the  tests  shall  be  kept
31    strictly  confidential  by  all medical personnel involved in
32    the testing and must be  personally  delivered  in  a  sealed
33    envelope  to  the  victim  and  to  the judge who entered the
34    order, for the  judge's  inspection  in  camera.   Acting  in
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 1    accordance  with  the  best  interests  of the victim and the
 2    public, the judge shall have the discretion to  determine  to
 3    whom,  if  anyone, the result of the testing may be revealed;
 4    however, in no case shall  the  identity  of  the  victim  be
 5    disclosed.   The court shall order that the cost of the tests
 6    shall be paid by the  county,  and  may  be  taxed  as  costs
 7    against the accused if convicted.
 8        (f)  Whenever  any law enforcement officer has reasonable
 9    cause  to  believe  that  a  person  has  been  delivered   a
10    controlled  substance  without  his  or  her consent, the law
11    enforcement officer shall advise  the  victim  about  seeking
12    medical treatment and preserving evidence.
13        (g)  Every hospital providing emergency hospital services
14    to   an  alleged  sexual  assault  survivor,  when  there  is
15    reasonable cause to believe that a person has been  delivered
16    a  controlled  substance  without  his  or her consent, shall
17    designate personnel to provide:
18             (1)  An explanation to the victim about  the  nature
19        and  effects  of  commonly used controlled substances and
20        how such controlled substances are administered.
21             (2)  An offer to  the  victim  of  testing  for  the
22        presence of such controlled substances.
23             (3)  A  disclosure to the victim that all controlled
24        substances or alcohol ingested  by  the  victim  will  be
25        disclosed by the test.
26             (4)  A   statement   that  the  test  is  completely
27        voluntary.
28             (5)  A form for  written  authorization  for  sample
29        analysis   of   all  controlled  substances  and  alcohol
30        ingested by the victim.
31        A physician licensed to  practice  medicine  in  all  its
32    branches  may  agree  to  be  a  designated person under this
33    subsection.
34        No sample analysis may be  performed  unless  the  victim
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 1    returns  a signed written authorization within 48 hours after
 2    the sample was collected.
 3        Any medical treatment or care under this subsection shall
 4    be only in accordance with the order of a physician  licensed
 5    to  practice  medicine  in  all of its branches.  Any testing
 6    under this subsection shall be only in  accordance  with  the
 7    order  of  a  licensed  individual  authorized  to  order the
 8    testing.
 9    (Source: P.A. 91-271,  eff.  1-1-00;  91-357,  eff.  7-29-99;
10    92-81, eff. 7-12-01.)