Full Text of SB2342 100th General Assembly
SB2342eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Sexual Assault Survivors Emergency | 5 | | Treatment Act is amended by changing Section 6.5 as follows: | 6 | | (410 ILCS 70/6.5) | 7 | | Sec. 6.5. Written consent to the release of sexual assault | 8 | | evidence for testing. | 9 | | (a) Upon the completion of hospital emergency services and | 10 | | forensic services, the health care professional providing the | 11 | | forensic services shall provide the patient the opportunity to | 12 | | sign a written consent to allow law enforcement to submit the | 13 | | sexual assault evidence for testing. The written consent shall | 14 | | be on a form included in the sexual assault evidence collection | 15 | | kit and shall include whether the survivor consents to the | 16 | | release of information about the sexual assault to law | 17 | | enforcement. | 18 | | (1) A survivor 13 years of age or older may sign the | 19 | | written consent to release the evidence for testing. | 20 | | (2) If the survivor is a minor who is under 13 years of | 21 | | age, the written consent to release the sexual assault | 22 | | evidence for testing may be signed by the parent, guardian, | 23 | | investigating law enforcement officer, or Department of |
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| 1 | | Children and Family Services. | 2 | | (3) If the survivor is an adult who has a guardian of | 3 | | the person, a health care surrogate, or an agent acting | 4 | | under a health care power of attorney, the consent of the | 5 | | guardian, surrogate, or agent is not required to release | 6 | | evidence and information concerning the sexual assault or | 7 | | sexual abuse. If the adult is unable to provide consent for | 8 | | the release of evidence and information and a guardian, | 9 | | surrogate, or agent under a health care power of attorney | 10 | | is unavailable or unwilling to release the information, | 11 | | then an investigating law enforcement officer may | 12 | | authorize the release. | 13 | | (4) Any health care professional, including any | 14 | | physician, advanced practice registered nurse, physician | 15 | | assistant, or nurse, sexual assault nurse examiner, and any | 16 | | health care institution, including any hospital, who | 17 | | provides evidence or information to a law enforcement | 18 | | officer under a written consent as specified in this | 19 | | Section is immune from any civil or professional liability | 20 | | that might arise from those actions, with the exception of | 21 | | willful or wanton misconduct. The immunity provision | 22 | | applies only if all of the requirements of this Section are | 23 | | met. | 24 | | (b) The hospital shall keep a copy of a signed or unsigned | 25 | | written consent form in the patient's medical record. | 26 | | (c) If a written consent to allow law enforcement to test |
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| 1 | | the sexual assault evidence is not signed at the completion of | 2 | | hospital emergency services and forensic services, the | 3 | | hospital shall include the following information in its | 4 | | discharge instructions: | 5 | | (1) the sexual assault evidence will be stored for 10 5 | 6 | | years from the completion of an Illinois State Police | 7 | | Sexual Assault Evidence Collection Kit, or 10 5 years from | 8 | | the age of 18 years, whichever is longer; | 9 | | (2) a person authorized to consent to the testing of | 10 | | the sexual assault evidence may sign a written consent to | 11 | | allow law enforcement to test the sexual assault evidence | 12 | | at any time during that 10-year 5-year period for an adult | 13 | | victim, or until a minor victim turns 28 23 years of age by | 14 | | (A) contacting the law enforcement agency having | 15 | | jurisdiction, or if unknown, the law enforcement agency | 16 | | contacted by the hospital under Section 3.2 of the Criminal | 17 | | Identification Act; or (B) by working with an advocate at a | 18 | | rape crisis center; | 19 | | (3) the name, address, and phone number of the law | 20 | | enforcement agency having jurisdiction, or if unknown the | 21 | | name, address, and phone number of the law enforcement | 22 | | agency contacted by the hospital under Section 3.2 of the | 23 | | Criminal Identification Act; and | 24 | | (4) the name and phone number of a local rape crisis | 25 | | center.
| 26 | | (Source: P.A. 99-801, eff. 1-1-17; 100-513, eff. 1-1-18 .)
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| 1 | | Section 10. The Sexual Assault Incident Procedure Act is | 2 | | amended by changing Section 30 as follows: | 3 | | (725 ILCS 203/30)
| 4 | | Sec. 30. Release and storage of sexual assault evidence. | 5 | | (a) A law enforcement agency having jurisdiction that is | 6 | | notified by a hospital or another law enforcement agency that a | 7 | | victim of a sexual assault or sexual abuse has received a | 8 | | medical forensic examination and has completed an Illinois | 9 | | State Police Sexual Assault Evidence Collection Kit shall take | 10 | | custody of the sexual assault evidence as soon as practicable, | 11 | | but in no event more than 5 days after the completion of the | 12 | | medical forensic examination. | 13 | | (a-5) A State's Attorney who is notified under subsection | 14 | | (d) of Section 6.6 of the Sexual Assault Survivors Emergency | 15 | | Treatment Act that a hospital is in possession of sexual | 16 | | assault evidence shall, within 72 hours, contact the | 17 | | appropriate law enforcement agency to request that the law | 18 | | enforcement agency take immediate physical custody of the | 19 | | sexual assault evidence. | 20 | | (b) The written report prepared under Section 20 of this | 21 | | Act shall include the date and time the sexual assault evidence | 22 | | was picked up from the hospital and the date and time the | 23 | | sexual assault evidence was sent to the laboratory in | 24 | | accordance with the Sexual Assault Evidence Submission Act. |
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| 1 | | (c) If the victim of a sexual assault or sexual abuse or a | 2 | | person authorized under Section 6.5 of the Sexual Assault | 3 | | Survivors Emergency Treatment Act has consented to allow law | 4 | | enforcement to test the sexual assault evidence, the law | 5 | | enforcement agency having jurisdiction shall submit the sexual | 6 | | assault evidence for testing in accordance with the Sexual | 7 | | Assault Evidence Submission Act. No law enforcement agency | 8 | | having jurisdiction may refuse or fail to send sexual assault | 9 | | evidence for testing that the victim has released for testing. | 10 | | (d) A victim shall have 10 5 years from the completion of | 11 | | an Illinois State Police Sexual Assault Evidence Collection | 12 | | Kit, or 10 5 years from the age of 18 years, whichever is | 13 | | longer, to sign a written consent to release the sexual assault | 14 | | evidence to law enforcement for testing. If the victim or a | 15 | | person authorized under Section 6.5 of the Sexual Assault | 16 | | Survivors Emergency Treatment Act does not sign the written | 17 | | consent at the completion of the medical forensic examination, | 18 | | the victim or person authorized by Section 6.5 of the Sexual | 19 | | Assault Survivors Emergency Treatment Act may sign the written | 20 | | release at the law enforcement agency having jurisdiction, or | 21 | | in the presence of a sexual assault advocate who may deliver | 22 | | the written release to the law enforcement agency having | 23 | | jurisdiction. The victim may also provide verbal consent to the | 24 | | law enforcement agency having jurisdiction and shall verify the | 25 | | verbal consent via email or fax. Upon receipt of written or | 26 | | verbal consent, the law enforcement agency having jurisdiction |
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| 1 | | shall submit the sexual assault evidence for testing in | 2 | | accordance with the Sexual Assault Evidence Submission Act. No | 3 | | law enforcement agency having jurisdiction may refuse or fail | 4 | | to send the sexual assault evidence for testing that the victim | 5 | | has released for testing. | 6 | | (e) The law enforcement agency having jurisdiction who | 7 | | speaks to a victim who does not sign a written consent to | 8 | | release the sexual assault evidence prior to discharge from the | 9 | | hospital shall provide a written notice to the victim that | 10 | | contains the following information: | 11 | | (1) where the sexual assault evidence will be stored | 12 | | for 10 5 years; | 13 | | (2) notice that the victim may sign a written release | 14 | | to test the sexual assault evidence at any time during the | 15 | | 10-year 5-year period by contacting the law enforcement | 16 | | agency having jurisdiction or working with a sexual assault | 17 | | advocate; | 18 | | (3) the name, phone number, and email address of the | 19 | | law enforcement agency having jurisdiction; and | 20 | | (4) the name and phone number of a local rape crisis | 21 | | center. | 22 | | Each law enforcement agency shall develop a protocol for | 23 | | providing this information to victims as part of the written | 24 | | policies required in subsection (a) of Section 15 of this Act. | 25 | | (f) A law enforcement agency must develop a protocol for | 26 | | responding to victims who want to sign a written consent to |
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| 1 | | release the sexual assault evidence and to ensure that victims | 2 | | who want to be notified or have a designee notified prior to | 3 | | the end of the 10-year 5-year period are provided notice. | 4 | | (g) Nothing in this Section shall be construed as limiting | 5 | | the storage period to 10 5 years. A law enforcement agency | 6 | | having jurisdiction may adopt a storage policy that provides | 7 | | for a period of time exceeding 10 5 years. If a longer period | 8 | | of time is adopted, the law enforcement agency having | 9 | | jurisdiction shall notify the victim or designee in writing of | 10 | | the longer storage period.
| 11 | | (Source: P.A. 99-801, eff. 1-1-17 .) |
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