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


Sen. David Koehler

Filed: 4/21/2023





10300SB0333sam003LRB103 26029 AWJ 60862 a


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    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
20harmless from any civil liability for their reasonable
21compliance with the provisions of this Section.
22    (b) Notwithstanding subsection (a), nothing in this
23Section shall be construed to require the reporting of lawful
24health care activity, whether such activity may constitute a
25violation of another state's law.
26    (c) As used in this Section:



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1    "Law enforcement agency having jurisdiction" and "sexual
2assault survivor" have the meanings given to those terms in
3Section 1a of the Sexual Assault Survivors Emergency Treatment
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,
19receiving, assisting in seeking, providing, or receiving,
20providing material support for, or traveling to obtain lawful
21health care.
22(Source: P.A. 102-1117, eff. 1-13-23.)".