Full Text of HB4765 96th General Assembly
HB4765eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Sexual Assault Survivors Emergency | 5 |
| Treatment Act is amended by changing Section 6.4 as follows:
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| (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
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| Sec. 6.4. Sexual assault evidence collection program.
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| (a) There is created a statewide sexual assault evidence | 9 |
| collection program
to facilitate the prosecution of persons | 10 |
| accused of sexual assault. This
program shall be administered | 11 |
| by the Illinois
State Police. The program shall
consist of the | 12 |
| following: (1) distribution of sexual assault evidence
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| collection kits which have been approved by the Illinois
State | 14 |
| Police to hospitals that request them, or arranging for
such | 15 |
| distribution by the manufacturer of the kits, (2) collection of | 16 |
| the kits
from hospitals after the kits have been used to | 17 |
| collect
evidence, (3) analysis of the collected evidence and | 18 |
| conducting of laboratory
tests, (4) maintaining the chain of | 19 |
| custody and safekeeping of the evidence
for use in a legal | 20 |
| proceeding, and (5) the comparison of the collected evidence | 21 |
| with the genetic marker grouping analysis information | 22 |
| maintained by the Department of State Police under Section | 23 |
| 5-4-3 of the Unified Code of Corrections and with the |
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| information contained in the Federal Bureau of Investigation's | 2 |
| National DNA database; provided the amount and quality of | 3 |
| genetic marker grouping results obtained from the evidence in | 4 |
| the sexual assault case meets the requirements of both the | 5 |
| Department of State Police and the Federal Bureau of | 6 |
| Investigation's Combined DNA Index System (CODIS) policies. | 7 |
| The standardized evidence collection kit for
the State of | 8 |
| Illinois shall be the Illinois State Police Sexual Assault | 9 |
| Evidence Kit.
A sexual assault evidence collection kit may not | 10 |
| be released by a hospital
without the written consent of the | 11 |
| sexual assault survivor. In the case of a
survivor who is a | 12 |
| minor 13 years of age or older, evidence and
information | 13 |
| concerning the sexual assault may be released at the
written | 14 |
| request of the minor. If the survivor is a minor who is under | 15 |
| 13 years
of age, evidence and information concerning the | 16 |
| alleged sexual assault may be
released at the written request | 17 |
| of the parent, guardian, investigating law
enforcement | 18 |
| officer, or Department of Children and Family Services. If the | 19 |
| survivor is an adult who has a guardian of the person, a health | 20 |
| care surrogate, or an agent acting under a health care power of | 21 |
| attorney, then consent of the guardian, surrogate, or agent is | 22 |
| not required to release evidence and information concerning the | 23 |
| sexual assault. If the adult is unable to provide consent for | 24 |
| the release of evidence and information and a guardian, | 25 |
| surrogate, or agent under a health care power of attorney is | 26 |
| unavailable or unwilling to release the information, then an |
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| investigating law enforcement officer may authorize the | 2 |
| release. Any health
care professional, including any | 3 |
| physician, advanced practice nurse, physician assistant, or | 4 |
| nurse, sexual assault nurse
examiner, and any health care
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| institution, including any hospital, who provides evidence or | 6 |
| information to a
law enforcement officer pursuant to a written | 7 |
| request as specified in this
Section is immune from any civil | 8 |
| or professional liability that might arise
from those actions, | 9 |
| with the exception of willful or wanton misconduct. The
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| immunity provision applies only if all of the requirements of | 11 |
| this Section are
met.
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| (a-5) All sexual assault evidence collected using the State | 13 |
| Police Evidence Collection Kits before January 1, 2005 (the | 14 |
| effective date of Public Act 93-781) that have not been | 15 |
| previously analyzed and tested by the Department of State | 16 |
| Police shall be analyzed and tested within 2 years after | 17 |
| receipt of all necessary evidence and standards into the State | 18 |
| Police Laboratory if sufficient staffing and resources are | 19 |
| available. All sexual assault evidence collected using the | 20 |
| State Police Evidence Collection Kits on or after January 1, | 21 |
| 2005 (the effective date of Public Act 93-781) shall be | 22 |
| analyzed and tested by the Department of State Police within 6 | 23 |
| months one year after receipt of all necessary evidence and | 24 |
| standards into the State Police Laboratory if sufficient | 25 |
| staffing and resources are available.
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| (b) The Illinois State Police shall administer a program to |
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| train hospitals
and hospital personnel participating in the | 2 |
| sexual assault evidence collection
program, in the correct use | 3 |
| and application of the sexual assault evidence
collection kits. | 4 |
| A sexual assault nurse examiner may conduct
examinations using | 5 |
| the sexual assault evidence collection kits, without the
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| presence or participation of a physician. The Department
shall
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| cooperate with the Illinois State Police in this
program as it | 8 |
| pertains to medical aspects of the evidence collection.
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| (c) In this Section, "sexual assault nurse examiner" means | 10 |
| a registered
nurse
who has completed a sexual assault nurse | 11 |
| examiner (SANE) training program that
meets the Forensic Sexual | 12 |
| Assault Nurse Examiner Education Guidelines
established by the | 13 |
| International Association of Forensic Nurses.
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| (Source: P.A. 95-331, eff. 8-21-07; 95-432, eff. 1-1-08; | 15 |
| 96-318, eff. 1-1-10.)
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| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.
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