[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Amendatory Veto Motion 001 ] | [ Engrossed ] |
| [ Enrolled ] | [ Governor's Message ] | [ House Amendment 001 ] |
92_HB3172ren HB3172 Re-Enrolled LRB9207251RCcdA 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Sexual Assault Survivors Emergency 5 Treatment Act is amended by changing Section 6.4 as follows: 6 (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4) 7 Sec. 6.4. Sexual assault evidence collection program. 8 (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 11 administered by the Illinois State Police. The program shall 12 consist of the following: (1) distribution of sexual assault 13 evidence collection kits which have been approved by the 14 Illinois State Police to hospitals that request them, or 15 arranging for such distribution by the manufacturer of the 16 kits, (2) collection of the kits from hospitals after the 17 kits have been used to collect evidence, (3) analysis of the 18 collected evidence and conducting of laboratory tests, and 19 (4) maintaining the chain of custody and safekeeping of the 20 evidence for use in a legal proceeding. The standardized 21 evidence collection kit for the State of Illinois shall be 22 the State Police Evidence Collection Kit, also known as 23 "S.P.E.C.K.". A sexual assault evidence collection kit may 24 not be released by a hospital without the written consent of 25 the sexual assault survivor. In the case of a survivor who 26 is a minor 13 years of age or older, evidence and information 27 concerning the alleged sexual assault may be released at the 28 written request of the minor. If the survivor is a minor who 29 is under 13 years of age, evidence and information concerning 30 the alleged sexual assault may be released at the written 31 request of the parent, guardian, investigating law HB3172 Re-Enrolled -2- LRB9207251RCcdA 1 enforcement officer, or Department of Children and Family 2 Services. Any health care professional, including any 3 physician or nurse, sexual assault nurse examiner, and any 4 health care institution, including any hospital, who provides 5 evidence or information to a law enforcement officer pursuant 6 to a written request as specified in this Section is immune 7 from any civil or professional liability that might arise 8 from those actions, with the exception of willful or wanton 9 misconduct. The immunity provision applies only if all of 10 the requirements of this Section are met. 11 (b) The Illinois State Police shall administer a program 12 to train hospitals and hospital personnel participating in 13 the sexual assault evidence collection program, in the 14 correct use and application of the sexual assault evidence 15 collection kits. A sexual assault nurse examiner may conduct 16 examinations using the sexual assault evidence collection 17 kits, without the presence or participation of a physician. 18 The Department of Public Health shall cooperate with the 19 Illinois State Police in this program as it pertains to 20 medical aspects of the evidence collection. 21 (c) In this Section, "sexual assault nurse examiner" 22 means a registered nurse who has completed a sexual assault 23 nurse examiner (SANE) training program that meets the 24 Forensic Sexual Assault Nurse Examiner Education Guidelines 25 established by the International Association of Forensic 26 Nurses. 27 (Source: P.A. 90-587, eff. 7-1-98; 91-888, eff. 7-6-00.) 28 Section 99. Effective date. This Act takes effect 29 January 1, 2002.