SB0333sam001 103RD GENERAL ASSEMBLY

Sen. David Koehler

Filed: 3/24/2023

10300SB0333sam001 LRB103 26029 AWJ 60036 a

AMENDMENT TO SENATE BILL 333

AMENDMENT NO. ______. Amend Senate Bill 333 by replacing everything after the enacting clause with the following:

"Section 5. The Criminal Identification Act is amended by changing Section 3.2 as follows:

(20 ILCS 2630/3.2) (from Ch. 38, par. 206-3.2)

Sec. 3.2. (a) It is the duty of any person conducting or operating a medical facility, or any physician or nurse, as soon as treatment permits, to notify the local law enforcement agency of that jurisdiction upon the application for treatment of a person who is not accompanied by a law enforcement officer, when it reasonably appears that the person requesting treatment has received:

(1) any injury resulting from the discharge of a firearm; or

(2) any injury sustained in the commission of or as a victim of a criminal offense; or .

(3) any injury sustained as a victim of a criminal offense.

(a-5) Except when it reasonably appears that the person requesting treatment is a sexual assault survivor, a person conducting or operating a medical facility, or a physician or nurse at the medical facility, must notify the local law enforcement as follows:

(1) If a sexual assault survivor consents to notification being made, local law enforcement must be notified as soon as treatment permits. If the sexual assault or sexual abuse occurred in another jurisdiction, the law enforcement officer taking the report must submit the report to the law enforcement agency having jurisdiction as provided in subsection (c) of Section 20 of the Sexual Assault Incident Procedure Act.

(2) If after being advised of options for notification by a health care provider in a manner that ensures that the decision is not made under duress or as a result of influence from a third party, a sexual assault survivor does not consent to notification being made as soon as treatment permits, notification to the law enforcement agency having jurisdiction must be delayed until after the sexual assault survivor leaves the outpatient treatment location, but no later than 24 hours after the sexual assault survivor leaves. If the law enforcement agency having jurisdiction cannot be reasonably determined, then notification shall be made to the local law enforcement agency of the medical facility. This requirement to delay notifying law enforcement does not change the obligations of mandated reporters under the Abused and Neglected Child Reporting Act, the Adult Protective Services Act, or the Abused and Neglected Long Term Care Facility Residents Reporting Act.

(3) If a sexual assault survivor does not consent to notification being made as soon as treatment permits and only consents to the collection and storage of evidence, the person conducting or operating a medical facility, or a physician or nurse at the medical facility, must make the notification in accordance with Section 6.6 or 6.6-1 of the Sexual Assault Survivors Emergency Treatment Act. Law enforcement may not be given any personal identifying information for the sexual assault survivor other than using the unique sexual assault evidence kit identification number assigned to the Illinois State Police evidence collection kit or the sexual assault survivor's medical record number. The medical facility, physician, or nurse must record the unique sexual assault evidence kit identification number in the medical record, if one exists, and shall provide the number to the sexual assault survivor or the sexual assault survivor's designee at the time of treatment and later at the request of the sexual assault survivor or their designee.

(4) The sexual assault survivor's decision regarding notification of law enforcement must be documented in the medical record. The documentation must also affirm that the sexual assault survivor's decision was made independently and not under duress or as a result of influence of a third party.

(5) The notification to law enforcement must be limited to the following information:

(A) the date and time the sexual assault survivor presented for treatment;

(B) the nature of the criminal offense;

(C) the municipality, township, or county where the criminal offense occurred;

(D) when necessary to prevent serious and imminent physical harm to others, information that identifies a perpetrator who poses a serious and imminent threat to an identifiable group or individual other than the victim;

(E) when applicable, the unique sexual assault evidence kit identification number; and

(F) additional information and details about the criminal offense or the sexual assault survivor that the sexual assault survivor gives consent to be given, and this consent must be documented in the medical record.

(6) When a sexual assault survivor arrives at the medical facility unconscious, as soon as treatment permits, the health care provider shall make at least 2 attempts to contact a surrogate decision maker, as defined by the Health Care Surrogate Act. If no surrogate decision maker responds and the survivor remains unconscious, the medical facility, physician, or nurse shall notify law enforcement.

(7) Nothing in this subsection permits a delay in notification to law enforcement when a patient admits to committing a violent crime.

(8) Nothing in this subsection permits a delay in notification to law enforcement when a sexual assault survivor is admitted or treated for an injury due to discharge of a firearm or life-threatening injuries. Notification related to the sexual assault shall otherwise meet the requirements of this subsection.

(9) Nothing in this subsection changes the obligations of mandated reporters under the Abused and Neglected Child Reporting Act, the Adult Protective Services Act, and the Abused and Neglected Long Term Care Facility Residents Reporting Act, and nothing in this subsection requires a delay in notification of law enforcement by the Department of Children and Family Services, Adult Protective Services, or any other agency receiving a mandated report.

Any hospital, physician or nurse shall be forever held harmless from any civil liability for their reasonable compliance with the provisions of this Section.

(b) Notwithstanding subsection (a), nothing in this Section shall be construed to require the reporting of lawful health care activity, whether such activity may constitute a violation of another state's law.

(c) As used in this Section:

"Law enforcement agency having jurisdiction" and "sexual assault survivor" have the meanings given to those terms in Section 1a of the Sexual Assault Survivors Emergency Treatment Act.

"Lawful health care" means:

(1) reproductive health care that is not unlawful under the laws of this State, including on any theory of vicarious, joint, several, or conspiracy liability; or

(2) the treatment of gender dysphoria or the affirmation of an individual's gender identity or gender expression, including but not limited to, all supplies, care, and services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative, or supportive nature that is not unlawful under the laws of this State, including on any theory of vicarious, joint, several, or conspiracy liability.

"Lawful health care activity" means seeking, providing, receiving, assisting in seeking, providing, or receiving, providing material support for, or traveling to obtain lawful health care.

(Source: P.A. 102-1117, eff. 1-13-23.)".