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90_HB2135
410 ILCS 70/6.4 from Ch. 111 1/2, par. 87-6.4
Amends the Sexual Assault Survivors Emergency Treatment
Act. Provides that a victim of a sex offense may request a
test of blood, urine, or other bodily substances for the
presence of drugs. Establishes procedures for the chemical
analysis of the tests. Effective immediately.
LRB9002930RCksA
LRB9002930RCksA
1 AN ACT to amend the Sexual Assault Survivors Emergency
2 Treatment Act by changing Section 6.4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Sexual Assault Survivors Emergency
6 Treatment Act is amended by changing Section 6.4 as follows:
7 (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 6.4. Sexual assault evidence collection program.
10 (a) There is created a statewide sexual assault evidence
11 collection program to facilitate the prosecution of persons
12 accused of sexual assault. This program shall be
13 administered by the Illinois State Police. The program shall
14 consist of the following: (1) distribution of sexual assault
15 evidence collection kits which have been approved by the
16 Illinois State Police to hospitals that request them, or
17 arranging for such distribution by the manufacturer of the
18 kits, (2) collection of the kits from hospitals after the
19 kits have been used to collect evidence, (3) analysis of the
20 collected evidence and conducting of laboratory tests, and
21 (4) maintaining the chain of custody and safekeeping of the
22 evidence for use in a legal proceeding. The standardized
23 evidence collection kit for the State of Illinois shall be
24 the State Police Evidence Collection Kit, also known as
25 "S.P.E.C.K.". A sexual assault evidence collection kit may
26 not be released by a hospital without the written consent of
27 the sexual assault survivor or, in the case of a minor, the
28 written consent of the minor's parent or legal guardian.
29 (b) The Illinois State Police shall administer a program
30 to train hospitals and hospital personnel participating in
31 the sexual assault evidence collection program, in the
-2- LRB9002930RCksA
1 correct use and application of the sexual assault evidence
2 collection kits. The Department of Public Health shall
3 cooperate with the Illinois State Police in this program as
4 it pertains to medical aspects of the evidence collection.
5 (c) Upon the victim's request, blood, urine or another
6 bodily substance may be tested for the presence of drugs.
7 (d) Upon the trial of any civil or criminal action or
8 proceeding arising out of an arrest for a sex offense as
9 defined in Section 2 of the Sex Offender Registration Act,
10 evidence of the concentration of drugs alleged, as
11 determined by analysis of the victim's blood, urine, breath
12 or other bodily substance, shall be admissible. If that test
13 is made the following provisions apply:
14 (1) Chemical analyses of the victim's blood, urine,
15 breath or another bodily substance to be considered valid
16 under the provisions of this Section shall have been
17 performed according to standards promulgated by the
18 Department of Public Health in consultation with the
19 Department of State Police by a licensed physician,
20 registered nurse, trained phlebotomist acting under the
21 direction of a licensed physician, certified paramedic,
22 or other individual possessing a valid permit issued by
23 that Department for this purpose. This limitation shall
24 not apply to the taking of breath or urine specimens.
25 The Director of Public Health in consultation with the
26 Department of State Police is authorized to approve
27 satisfactory techniques or methods, to ascertain the
28 qualifications and competence of individuals to conduct
29 the analyses, to issue permits which shall be subject to
30 termination or revocation at the discretion of that
31 Department and to certify the accuracy of breath testing
32 equipment. The Illinois Department of Public Health shall
33 prescribe rules as necessary to implement this Section.
34 (2) When a blood test of a victim of a sex offense is
-3- LRB9002930RCksA
1 requested who is taken to an adjoining state for medical
2 treatment by an Illinois law enforcement officer, the blood
3 may be withdrawn only by a physician authorized to practice
4 medicine in the adjoining state, a registered nurse, a
5 trained phlebotomist acting under the direction of the
6 physician, or certified paramedic. The law enforcement
7 officer shall take custody of the blood sample, and the blood
8 sample shall be analyzed by a laboratory certified by the
9 Department of Public Health for that purpose.
10 (Source: P.A. 89-246, eff. 8-4-95.)
11 (Text of Section after amendment by P.A. 89-507)
12 Sec. 6.4. Sexual assault evidence collection program.
13 (a) There is created a statewide sexual assault evidence
14 collection program to facilitate the prosecution of persons
15 accused of sexual assault. This program shall be
16 administered by the Illinois State Police. The program shall
17 consist of the following: (1) distribution of sexual assault
18 evidence collection kits which have been approved by the
19 Illinois State Police to hospitals that request them, or
20 arranging for such distribution by the manufacturer of the
21 kits, (2) collection of the kits from hospitals after the
22 kits have been used to collect evidence, (3) analysis of the
23 collected evidence and conducting of laboratory tests, and
24 (4) maintaining the chain of custody and safekeeping of the
25 evidence for use in a legal proceeding. The standardized
26 evidence collection kit for the State of Illinois shall be
27 the State Police Evidence Collection Kit, also known as
28 "S.P.E.C.K.". A sexual assault evidence collection kit may
29 not be released by a hospital without the written consent of
30 the sexual assault survivor or, in the case of a minor, the
31 written consent of the minor's parent or legal guardian.
32 (b) The Illinois State Police shall administer a program
33 to train hospitals and hospital personnel participating in
34 the sexual assault evidence collection program, in the
-4- LRB9002930RCksA
1 correct use and application of the sexual assault evidence
2 collection kits. The Department of Human Services shall
3 cooperate with the Illinois State Police in this program as
4 it pertains to medical aspects of the evidence collection.
5 (c) Upon the victim's request, blood, urine or another
6 bodily substance may be tested for the presence of drugs.
7 (d) Upon the trial of any civil or criminal action or
8 proceeding arising out of an arrest for a sex offense as
9 defined in Section 2 of the Sex Offender Registration Act,
10 evidence of the concentration of drugs alleged, as
11 determined by analysis of the victim's blood, urine, breath
12 or other bodily substance, shall be admissible. If that test
13 is made the following provisions apply:
14 (1) Chemical analyses of the victim's blood, urine,
15 breath, or another bodily substance to be considered
16 valid under the provisions of this Section shall have
17 been performed according to standards promulgated by the
18 Department of Public Health in consultation with the
19 Department of State Police by a licensed physician,
20 registered nurse, trained phlebotomist acting under the
21 direction of a licensed physician, certified paramedic,
22 or other individual possessing a valid permit issued by
23 that Department for this purpose. This limitation does
24 not apply to the taking of breath or urine specimens.
25 The Director of Public Health in consultation with the
26 Department of State Police is authorized to approve
27 satisfactory techniques or methods, to ascertain the
28 qualifications and competence of individuals to conduct
29 the analyses, to issue permits which shall be subject to
30 termination or revocation at the discretion of that
31 Department and to certify the accuracy of breath testing
32 equipment. The Illinois Department of Public Health shall
33 prescribe rules as necessary to implement this Section.
34 (2) When a blood test of a victim of a sex offense is
-5- LRB9002930RCksA
1 requested who is taken to an adjoining state for medical
2 treatment by an Illinois law enforcement officer, the blood
3 may be withdrawn only by a physician authorized to practice
4 medicine in the adjoining state, a registered nurse, a
5 trained phlebotomist acting under the direction of the
6 physician, or certified paramedic. The law enforcement
7 officer shall take custody of the blood sample, and the blood
8 sample shall be analyzed by a laboratory certified by the
9 Department of Public Health for that purpose.
10 (Source: P.A. 89-246, eff. 8-4-95; 89-507, eff. 7-1-97.)
11 Section 95. No acceleration or delay. Where this Act
12 makes changes in a statute that is represented in this Act by
13 text that is not yet or no longer in effect (for example, a
14 Section represented by multiple versions), the use of that
15 text does not accelerate or delay the taking effect of (i)
16 the changes made by this Act or (ii) provisions derived from
17 any other Public Act.
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.