Full Text of SB0333 103rd General Assembly
SB0333sam003 103RD GENERAL ASSEMBLY | Sen. David Koehler Filed: 4/21/2023
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| 1 | | AMENDMENT TO SENATE BILL 333
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 333 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Identification Act is amended by | 5 | | changing 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 | 8 | | operating a medical facility,
or any physician or nurse , as | 9 | | soon as treatment permits , to notify the local
law enforcement | 10 | | agency of that jurisdiction upon the application for
treatment | 11 | | of a person who is not accompanied by a law enforcement | 12 | | officer,
when it reasonably appears that the person requesting | 13 | | treatment 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 | | age 13 or older, a person conducting or operating a | 6 | | medical facility, or a physician or nurse at the medical | 7 | | facility, must notify the local law enforcement as | 8 | | follows: | 9 | | (A) If a sexual assault survivor consents to | 10 | | notification being made, local law enforcement must be | 11 | | notified as soon as treatment permits. If the sexual | 12 | | assault or sexual abuse occurred in another | 13 | | jurisdiction, the law enforcement officer taking the | 14 | | report must submit the report to the law enforcement | 15 | | agency having jurisdiction as provided in subsection | 16 | | (c) of Section 20 of the Sexual Assault Incident | 17 | | Procedure Act. | 18 | | (B) The health care provider must advise the | 19 | | survivor about the options for timing of the law | 20 | | enforcement notification, ask the survivor if the | 21 | | survivor has been threatened, and offer to connect the | 22 | | survivor with a rape crisis center for safety | 23 | | planning, if appropriate. If a sexual assault survivor | 24 | | does not consent to notification being made as soon as | 25 | | treatment permits, notification to the law enforcement | 26 | | agency having jurisdiction must be delayed until after |
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| 1 | | the sexual assault survivor leaves the outpatient | 2 | | treatment location, but no later than 24 hours after | 3 | | the sexual assault survivor leaves. If the law | 4 | | enforcement agency having jurisdiction cannot be | 5 | | reasonably determined, then notification shall be made | 6 | | to the local law enforcement agency of the medical | 7 | | facility. | 8 | | (C) If a sexual assault survivor does not consent | 9 | | to notification being made as soon as treatment | 10 | | permits and only consents to the collection and | 11 | | storage of evidence, the person conducting or | 12 | | operating a medical facility, or a physician or nurse | 13 | | at the medical facility, must make the notification in | 14 | | accordance with Section 6.6 or 6.6-1 of the Sexual | 15 | | Assault Survivors Emergency Treatment Act. Law | 16 | | enforcement may not be given any personal identifying | 17 | | information for the sexual assault survivor other than | 18 | | using the unique sexual assault evidence kit | 19 | | identification number assigned to the Illinois State | 20 | | Police evidence collection kit or the sexual assault | 21 | | survivor's medical record number. The medical | 22 | | facility, physician, or nurse must record the unique | 23 | | sexual assault evidence kit identification number in | 24 | | the medical record, if one exists, and shall provide | 25 | | the number to the sexual assault survivor or the | 26 | | sexual assault survivor's designee at the time of |
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| 1 | | treatment and later at the request of the sexual | 2 | | assault survivor or their designee. | 3 | | (D) The sexual assault survivor's decision | 4 | | regarding notification of law enforcement must be | 5 | | documented in the medical record. The documentation | 6 | | must also include confirmation that the question in | 7 | | subparagraph (B) was asked of the survivor. | 8 | | (E) The notification to law enforcement must be | 9 | | limited to the following information: | 10 | | (i) the date and time the sexual assault | 11 | | survivor presented for treatment; | 12 | | (ii) the nature of the criminal offense; | 13 | | (iii) the municipality, township, or county | 14 | | where the criminal offense occurred; | 15 | | (iv) when necessary to prevent serious and | 16 | | imminent physical harm to others, information that | 17 | | identifies a perpetrator who poses a serious and | 18 | | imminent threat to an identifiable group or | 19 | | individual other than the victim; | 20 | | (v) when applicable, the unique sexual assault | 21 | | evidence kit identification number; and | 22 | | (vi) additional information and details about | 23 | | the criminal offense or the sexual assault | 24 | | survivor that the sexual assault survivor gives | 25 | | consent to be given, and this consent must be | 26 | | documented in the medical record. |
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| 1 | | (F) Nothing in this subsection permits a delay in | 2 | | notification to law enforcement when a patient admits | 3 | | to committing a violent crime. | 4 | | (G) Nothing in this subsection permits a delay in | 5 | | notification to law enforcement when a sexual assault | 6 | | survivor is admitted or treated for an injury due to | 7 | | discharge of a firearm or life-threatening injuries. | 8 | | Notification related to the sexual assault shall | 9 | | otherwise meet the requirements of this subsection.
| 10 | | (H) Nothing in this subsection changes the | 11 | | obligations of mandated reporters under the Abused and | 12 | | Neglected Child Reporting Act, the Adult Protective | 13 | | Services Act, and the Abused and Neglected Long Term | 14 | | Care Facility Residents Reporting Act, and nothing in | 15 | | this subsection requires a delay in notification of | 16 | | law enforcement by the Department of Children and | 17 | | Family Services, Adult Protective Services, or any | 18 | | other agency receiving a mandated report. | 19 | | Any hospital, physician or nurse shall be forever held | 20 | | harmless from
any civil liability for their reasonable | 21 | | compliance with the provisions of
this Section. | 22 | | (b) Notwithstanding subsection (a), nothing in this
| 23 | | Section shall be construed to require the reporting of lawful
| 24 | | health care activity, whether such activity may constitute a
| 25 | | violation of another state's law. | 26 | | (c) As used in this Section: |
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| 1 | | "Law enforcement agency having jurisdiction" and "sexual | 2 | | assault survivor" have the meanings given to those terms in | 3 | | Section 1a of the Sexual Assault Survivors Emergency Treatment | 4 | | Act. | 5 | | "Lawful health care" means: | 6 | | (1) reproductive health care that is not unlawful | 7 | | under the laws of this State, including on any theory of | 8 | | vicarious, joint, several, or conspiracy liability; or | 9 | | (2) the treatment of gender dysphoria or the | 10 | | affirmation of an individual's gender identity or gender | 11 | | expression, including but not limited to, all supplies, | 12 | | care, and services of a medical, behavioral health, mental | 13 | | health, surgical, psychiatric, therapeutic, diagnostic, | 14 | | preventative, rehabilitative, or supportive nature that is | 15 | | not unlawful under the laws of this State, including on | 16 | | any theory of vicarious, joint, several, or conspiracy | 17 | | liability.
| 18 | | "Lawful health care activity" means seeking, providing,
| 19 | | receiving, assisting in seeking, providing, or receiving,
| 20 | | providing material support for, or traveling to obtain lawful
| 21 | | health care. | 22 | | (Source: P.A. 102-1117, eff. 1-13-23.)".
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