Full Text of HB1492 95th General Assembly
HB1492 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1492
Introduced 2/21/2007, by Rep. Mike Bost SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/12-18 |
from Ch. 38, par. 12-18 |
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Amends provisions of the Criminal Code of 1961 requiring a State's Attorney to seek
a court order to compel a person accused of criminal sexual assault, aggravated criminal sexual assault, or predatory criminal sexual assault of a child to be tested for any sexually
transmissible disease, including human immunodeficiency virus. Provides that the State's Attorney shall seek to compel the accused to be tested not later than 48 hours after the date on which the information or indictment is presented. Effective immediately.
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A BILL FOR
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HB1492 |
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LRB095 03359 RLC 23363 b |
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| AN ACT concerning criminal law.
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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 Criminal Code of 1961 is amended by changing | 5 |
| Section 12-18 as follows:
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| (720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
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| Sec. 12-18. General Provisions.
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| (a) No person accused of violating Sections 12-13, 12-14, | 9 |
| 12-15 or 12-16
of this Code shall be presumed to be incapable | 10 |
| of committing an offense
prohibited by Sections 12-13, 12-14, | 11 |
| 12-14.1, 12-15 or 12-16 of this Code
because of age, physical | 12 |
| condition or relationship to the victim, except as
otherwise | 13 |
| provided in subsection (c) of this Section. Nothing in this | 14 |
| Section
shall be construed to modify or abrogate the | 15 |
| affirmative defense of infancy
under Section 6-1 of this Code | 16 |
| or the provisions of Section 5-805 of the
Juvenile Court Act of | 17 |
| 1987.
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| (b) Any medical examination or procedure which is conducted | 19 |
| by a physician,
nurse, medical or hospital personnel, parent, | 20 |
| or caretaker for purposes
and in a manner consistent with | 21 |
| reasonable medical standards is not an offense
under Sections | 22 |
| 12-13, 12-14, 12-14.1, 12-15 and 12-16 of this Code.
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| (c) (Blank).
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HB1492 |
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LRB095 03359 RLC 23363 b |
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| (d) (Blank).
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| (e) After a finding at a preliminary hearing that there is | 3 |
| probable
cause to believe that an accused has committed a | 4 |
| violation of Section
12-13, 12-14, or 12-14.1 of this Code, or | 5 |
| after an indictment is returned
charging an accused with a | 6 |
| violation of Section 12-13, 12-14, or 12-14.1 of
this Code,
or | 7 |
| after a finding that a defendant charged with a violation of | 8 |
| Section
12-13, 12-14, or 12-14.1 of this Code is unfit to stand | 9 |
| trial pursuant to
Section 104-16 of the Code of
Criminal | 10 |
| Procedure of 1963 where the finding is made prior to | 11 |
| preliminary
hearing,
at the request of the person who was the | 12 |
| victim of the violation of
Section 12-13, 12-14, or 12-14.1, | 13 |
| the prosecuting State's Attorney
attorney shall seek
an order | 14 |
| from the court to compel the accused to be tested , not later | 15 |
| than 48 hours after the date on which the information or | 16 |
| indictment is presented, for any sexually
transmissible | 17 |
| disease, including a test for infection with
human | 18 |
| immunodeficiency virus (HIV). The medical tests shall be
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| performed only
by appropriately licensed medical | 20 |
| practitioners. The test for infection with
human | 21 |
| immunodeficiency virus (HIV) shall consist of an
enzyme-linked | 22 |
| immunosorbent assay (ELISA) test, or such other test as may
be | 23 |
| approved by the Illinois Department of Public Health; in the | 24 |
| event of a
positive result, the Western Blot Assay or a more | 25 |
| reliable confirmatory
test shall be administered. The results | 26 |
| of the tests shall be
kept
strictly confidential by all medical |
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HB1492 |
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LRB095 03359 RLC 23363 b |
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| personnel involved in the testing and
must be personally | 2 |
| delivered in a sealed envelope to the victim and to the
judge | 3 |
| who entered the order, for the judge's inspection in camera. | 4 |
| Acting
in accordance with the best interests of the victim and | 5 |
| the public, the
judge shall have the discretion to determine to | 6 |
| whom, if anyone, the result
of the testing may be revealed; | 7 |
| however, in no case shall the identity of
the victim be | 8 |
| disclosed. The court shall order that the cost of the tests
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| shall be paid by the county, and may be taxed as costs against | 10 |
| the accused
if convicted.
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| (f) Whenever any law enforcement officer has reasonable | 12 |
| cause to believe
that a person has been delivered a controlled | 13 |
| substance without his or her
consent, the law enforcement | 14 |
| officer shall advise the victim about seeking
medical treatment | 15 |
| and preserving evidence.
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| (g) Every hospital providing emergency hospital services | 17 |
| to an alleged
sexual assault survivor, when there is reasonable
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| cause to believe that a person has been delivered a controlled | 19 |
| substance
without his or her consent, shall designate personnel | 20 |
| to provide:
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| (1) An explanation to the victim about the nature and | 22 |
| effects of commonly
used controlled substances and how such | 23 |
| controlled substances are administered.
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| (2) An offer to the victim of testing for the presence | 25 |
| of such controlled
substances.
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| (3) A disclosure to the victim that all controlled |
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LRB095 03359 RLC 23363 b |
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| substances or alcohol
ingested by the victim will be | 2 |
| disclosed by the test.
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| (4) A statement that the test is completely voluntary.
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| (5) A form for written authorization for sample | 5 |
| analysis of all controlled
substances and alcohol ingested | 6 |
| by the victim.
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| A physician licensed to practice medicine in all its | 8 |
| branches may agree to
be a designated person under this | 9 |
| subsection.
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| No sample analysis may be performed unless the victim
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| returns a signed written authorization within 30 days
after the | 12 |
| sample was
collected.
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| Any medical treatment or care under this subsection shall | 14 |
| be only in
accordance with the order of a physician licensed to | 15 |
| practice medicine in all
of its branches. Any testing under | 16 |
| this subsection shall be only in accordance
with the order of a | 17 |
| licensed individual authorized to order the testing.
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| (Source: P.A. 93-958, eff. 8-20-04; 94-397, eff. 1-1-06.)
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
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