Full Text of SB2956 98th General Assembly
SB2956enr 98TH 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 Criminal Code of 2012 is amended by changing | 5 | | Section 11-1.10 as follows:
| 6 | | (720 ILCS 5/11-1.10) (was 720 ILCS 5/12-18)
| 7 | | Sec. 11-1.10. General provisions concerning offenses | 8 | | described in Sections 11-1.20 through 11-1.60.
| 9 | | (a) No person accused of violating Section 11-1.20, | 10 | | 11-1.30, 11-1.40, 11-1.50, or 11-1.60
of this Code shall be | 11 | | presumed to be incapable of committing an offense
prohibited by | 12 | | Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this | 13 | | Code
because of age, physical condition or relationship to the | 14 | | victim. Nothing in this Section
shall be construed to modify or | 15 | | abrogate the affirmative defense of infancy
under Section 6-1 | 16 | | of this Code or the provisions of Section 5-805 of the
Juvenile | 17 | | Court Act of 1987.
| 18 | | (b) Any medical examination or procedure which is conducted | 19 | | by a physician,
nurse, medical or hospital personnel, parent, | 20 | | or caretaker for purposes
and in a manner consistent with | 21 | | reasonable medical standards is not an offense
under Section | 22 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.
| 23 | | (c) (Blank).
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| 1 | | (d) (Blank).
| 2 | | (e) The prosecuting State's Attorney shall seek an order | 3 | | from the court to compel the accused to be tested for any | 4 | | sexually
transmissible disease, including a test for infection | 5 | | with
human immunodeficiency virus (HIV), within 48 hours: | 6 | | (1) after After a finding at a preliminary hearing that | 7 | | there is probable
cause to believe that an accused has | 8 | | committed a violation of Section 11-1.20, 11-1.30, or | 9 | | 11-1.40
of this Code, or | 10 | | (2) after an indictment is returned
charging an accused | 11 | | with a violation of Section 11-1.20, 11-1.30, or 11-1.40 of
| 12 | | this Code,
or | 13 | | (3) after a finding that a defendant charged with a | 14 | | violation of Section 11-1.20, 11-1.30, or 11-1.40
of this | 15 | | Code is unfit to stand trial pursuant to
Section 104-16 of | 16 | | the Code of
Criminal Procedure of 1963 where the finding is | 17 | | made prior to the preliminary
hearing, or | 18 | | (4) after
at the request of the person who was the | 19 | | victim of the violation of
Section 11-1.20, 11-1.30, or | 20 | | 11-1.40 . , | 21 | | the prosecuting State's attorney shall seek
an order from the | 22 | | court to compel the accused to be tested within 48 hours for | 23 | | any sexually
transmissible disease, including a test for | 24 | | infection with
human immunodeficiency virus (HIV). The medical | 25 | | tests shall be
performed only
by appropriately licensed medical | 26 | | practitioners. The Such testing shall consist of a test |
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| 1 | | approved by the Illinois Department of Public Health to | 2 | | determine the presence of HIV infection, based upon | 3 | | recommendations of the United States Centers for Disease | 4 | | Control and Prevention; in the event of a
positive result, a | 5 | | reliable supplemental
test based upon recommendations of the | 6 | | United States Centers for Disease Control and Prevention shall | 7 | | be administered. The results of the tests and any follow-up | 8 | | tests shall be
kept
strictly confidential by all medical | 9 | | personnel involved in the testing and
must be personally | 10 | | delivered in a sealed envelope to the victim, to the defendant, | 11 | | to the State's Attorney, and to the
judge who entered the | 12 | | order, for the judge's inspection in camera. The judge shall | 13 | | provide to the victim a referral to the Illinois Department of | 14 | | Public Health HIV/AIDS toll-free hotline for counseling and | 15 | | information in connection with the test result. Acting
in | 16 | | accordance with the best interests of the victim and the | 17 | | public, the
judge shall have the discretion to determine to | 18 | | whom, if anyone, the result
of the testing may be revealed; | 19 | | however, in no case shall the identity of
the victim be | 20 | | disclosed. The court shall order that the cost of the tests
| 21 | | shall be paid by the county, and shall be taxed as costs | 22 | | against the accused
if convicted.
| 23 | | (f) Whenever any law enforcement officer has reasonable | 24 | | cause to believe
that a person has been delivered a controlled | 25 | | substance without his or her
consent, the law enforcement | 26 | | officer shall advise the victim about seeking
medical treatment |
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| 1 | | and preserving evidence.
| 2 | | (g) Every hospital providing emergency hospital services | 3 | | to an alleged
sexual assault survivor, when there is reasonable
| 4 | | cause to believe that a person has been delivered a controlled | 5 | | substance
without his or her consent, shall designate personnel | 6 | | to provide:
| 7 | | (1) An explanation to the victim about the nature and | 8 | | effects of commonly
used controlled substances and how such | 9 | | controlled substances are administered.
| 10 | | (2) An offer to the victim of testing for the presence | 11 | | of such controlled
substances.
| 12 | | (3) A disclosure to the victim that all controlled | 13 | | substances or alcohol
ingested by the victim will be | 14 | | disclosed by the test.
| 15 | | (4) A statement that the test is completely voluntary.
| 16 | | (5) A form for written authorization for sample | 17 | | analysis of all controlled
substances and alcohol ingested | 18 | | by the victim.
| 19 | | A physician licensed to practice medicine in all its | 20 | | branches may agree to
be a designated person under this | 21 | | subsection.
| 22 | | No sample analysis may be performed unless the victim
| 23 | | returns a signed written authorization within 30 days
after the | 24 | | sample was
collected.
| 25 | | Any medical treatment or care under this subsection shall | 26 | | be only in
accordance with the order of a physician licensed to |
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| 1 | | practice medicine in all
of its branches. Any testing under | 2 | | this subsection shall be only in accordance
with the order of a | 3 | | licensed individual authorized to order the testing.
| 4 | | (Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-244, eff. | 5 | | 8-4-11; 97-1109, eff. 1-1-13.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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