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


Sen. David Koehler

Filed: 4/14/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 333 by replacing
3everything after the enacting clause with the following:
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



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1    victim of a criminal offense; or .
2        (3) any injury sustained as a victim of a criminal
3    offense. Except, when it reasonably appears that the
4    person requesting treatment is a sexual assault survivor,
5    a person conducting or operating a medical facility, or a
6    physician or nurse at the medical facility, must notify
7    the local law enforcement as follows:
8            (A) If a sexual assault survivor consents to
9        notification being made, local law enforcement must be
10        notified as soon as treatment permits. If the sexual
11        assault or sexual abuse occurred in another
12        jurisdiction, the law enforcement officer taking the
13        report must submit the report to the law enforcement
14        agency having jurisdiction as provided in subsection
15        (c) of Section 20 of the Sexual Assault Incident
16        Procedure Act.
17            (B) The healthcare provider must advise the
18        survivor about the options for timing of the law
19        enforcement notification, ask the survivor if the
20        survivor has been threatened, and offer to connect the
21        survivor with a rape crisis center for safety
22        planning, if appropriate. If a sexual assault survivor
23        does not consent to notification being made as soon as
24        treatment permits, notification to the law enforcement
25        agency having jurisdiction must be delayed until after
26        the sexual assault survivor leaves the outpatient



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1        treatment location, but no later than 24 hours after
2        the sexual assault survivor leaves. If the law
3        enforcement agency having jurisdiction cannot be
4        reasonably determined, then notification shall be made
5        to the local law enforcement agency of the medical
6        facility.
7            (C) If a sexual assault survivor does not consent
8        to notification being made as soon as treatment
9        permits and only consents to the collection and
10        storage of evidence, the person conducting or
11        operating a medical facility, or a physician or nurse
12        at the medical facility, must make the notification in
13        accordance with Section 6.6 or 6.6-1 of the Sexual
14        Assault Survivors Emergency Treatment Act. Law
15        enforcement may not be given any personal identifying
16        information for the sexual assault survivor other than
17        using the unique sexual assault evidence kit
18        identification number assigned to the Illinois State
19        Police evidence collection kit or the sexual assault
20        survivor's medical record number. The medical
21        facility, physician, or nurse must record the unique
22        sexual assault evidence kit identification number in
23        the medical record, if one exists, and shall provide
24        the number to the sexual assault survivor or the
25        sexual assault survivor's designee at the time of
26        treatment and later at the request of the sexual



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1        assault survivor or their designee.
2            (D) The sexual assault survivor's decision
3        regarding notification of law enforcement must be
4        documented in the medical record. The documentation
5        must also include confirmation that the question in
6        subparagraph (B) was asked of the survivor.
7            (E) The notification to law enforcement must be
8        limited to the following information:
9                (i) the date and time the sexual assault
10            survivor presented for treatment;
11                (ii) the nature of the criminal offense;
12                (iii) the municipality, township, or county
13            where the criminal offense occurred;
14                (iv) when necessary to prevent serious and
15            imminent physical harm to others, information that
16            identifies a perpetrator who poses a serious and
17            imminent threat to an identifiable group or
18            individual other than the victim;
19                (v) when applicable, the unique sexual assault
20            evidence kit identification number; and
21                (vi) additional information and details about
22            the criminal offense or the sexual assault
23            survivor that the sexual assault survivor gives
24            consent to be given, and this consent must be
25            documented in the medical record.
26            (F) Nothing in this subsection permits a delay in



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1        notification to law enforcement when a patient admits
2        to committing a violent crime.
3            (G) Nothing in this subsection permits a delay in
4        notification to law enforcement when a sexual assault
5        survivor is admitted or treated for an injury due to
6        discharge of a firearm or life-threatening injuries.
7        Notification related to the sexual assault shall
8        otherwise meet the requirements of this subsection.
9            (H) Nothing in this subsection changes the
10        obligations of mandated reporters under the Abused and
11        Neglected Child Reporting Act, the Adult Protective
12        Services Act, and the Abused and Neglected Long Term
13        Care Facility Residents Reporting Act, and nothing in
14        this subsection requires a delay in notification of
15        law enforcement by the Department of Children and
16        Family Services, Adult Protective Services, or any
17        other agency receiving a mandated report.
18    Any hospital, physician or nurse shall be forever held
19harmless from any civil liability for their reasonable
20compliance with the provisions of this Section.
21    (b) Notwithstanding subsection (a), nothing in this
22Section shall be construed to require the reporting of lawful
23health care activity, whether such activity may constitute a
24violation of another state's law.
25    (c) As used in this Section:
26    "Law enforcement agency having jurisdiction" and "sexual



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1assault survivor" have the meanings given to those terms in
2Section 1a of the Sexual Assault Survivors Emergency Treatment
4    "Lawful health care" means:
5        (1) reproductive health care that is not unlawful
6    under the laws of this State, including on any theory of
7    vicarious, joint, several, or conspiracy liability; or
8        (2) the treatment of gender dysphoria or the
9    affirmation of an individual's gender identity or gender
10    expression, including but not limited to, all supplies,
11    care, and services of a medical, behavioral health, mental
12    health, surgical, psychiatric, therapeutic, diagnostic,
13    preventative, rehabilitative, or supportive nature that is
14    not unlawful under the laws of this State, including on
15    any theory of vicarious, joint, several, or conspiracy
16    liability.
17    "Lawful health care activity" means seeking, providing,
18receiving, assisting in seeking, providing, or receiving,
19providing material support for, or traveling to obtain lawful
20health care.
21(Source: P.A. 102-1117, eff. 1-13-23.)".