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92_SB1049eng SB1049 Engrossed LRB9208123ARsb 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 1961 is amended by 5 changing Section 12-18 as follows: 6 (720 ILCS 5/12-18) (from Ch. 38, par. 12-18) 7 Sec. 12-18. General Provisions. 8 (a) No person accused of violating Sections 12-13, 9 12-14, 12-15 or 12-16 of this Code shall be presumed to be 10 incapable of committing an offense prohibited by Sections 11 12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code because of 12 age, physical condition or relationship to the victim, except 13 as otherwise provided in subsection (c) of this Section. 14 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 17 Juvenile Court Act of 1987. 18 (b) Any medical examination or procedure which is 19 conducted by a physician, nurse, medical or hospital 20 personnel, parent, or caretaker for purposes and in a manner 21 consistent with reasonable medical standards is not an 22 offense under Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16 23 of this Code. 24 (c) Prosecution of a spouse of a victim under this 25 subsection for any violation by the victim's spouse of 26 Section 12-13, 12-14, 12-15 or 12-16 of this Code is barred 27 unless the victim reported such offense to a law enforcement 28 agency or the State's Attorney's office within 30 days after 29 the offense was committed, except when the court finds good 30 cause for the delay. 31 (d) In addition to the sentences provided for in SB1049 Engrossed -2- LRB9208123ARsb 1 Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the 2 Criminal Code of 1961 the Court may order any person who is 3 convicted of violating any of those Sections to meet all or 4 any portion of the financial obligations of treatment, 5 including but not limited to medical, psychiatric, 6 rehabilitative or psychological treatment, prescribed for the 7 victim or victims of the offense. 8 (e) After a finding at a preliminary hearing that there 9 is probable cause to believe that an accused has committed a 10 violation of Section 12-13, 12-14, or 12-14.1 of this Code, 11 or after an indictment is returned charging an accused with a 12 violation of Section 12-13, 12-14, or 12-14.1 of this Code, 13 or after a finding that a defendant charged with a violation 14 of Section 12-13, 12-14, or 12-14.1 of this Code is unfit to 15 stand trial pursuant to Section 104-16 of the Code of 16 Criminal Procedure of 1963 where the finding is made prior to 17 preliminary hearing, at the request of the person who was the 18 victim of the violation of Section 12-13, 12-14, or 12-14.1, 19 the prosecuting State's attorney shall seek an order from the 20 court to compel the accused to be tested for any sexually 21 transmissible disease, including a test for infection with 22 human immunodeficiency virus (HIV). The medical teststest23 shall be performed only by appropriately licensed medical 24 practitioners. The test for infection with human 25 immunodeficiency virus (HIV), andshall consist of an 26 enzyme-linked immunosorbent assay (ELISA) test, or such other 27 test as may be approved by the Illinois Department of Public 28 Health; in the event of a positive result, the Western Blot 29 Assay or a more reliable confirmatory test shall be 30 administered. The results of the teststestshall be kept 31 strictly confidential by all medical personnel involved in 32 the testing and must be personally delivered in a sealed 33 envelope to the victim and to the judge who entered the 34 order, for the judge's inspection in camera. Acting in SB1049 Engrossed -3- LRB9208123ARsb 1 accordance with the best interests of the victim and the 2 public, the judge shall have the discretion to determine to 3 whom, if anyone, the result of the testing may be revealed; 4 however, in no case shall the identity of the victim be 5 disclosed. The court shall order that the cost of the tests 6testshall be paid by the county, and may be taxed as costs 7 against the accused if convicted. 8 (f) Whenever any law enforcement officer has reasonable 9 cause to believe that a person has been delivered a 10 controlled substance without his or her consent, the law 11 enforcement officer shall advise the victim about seeking 12 medical treatment and preserving evidence. 13 (g) Every hospital providing emergency hospital services 14 to an alleged sexual assault survivor, when there is 15 reasonable cause to believe that a person has been delivered 16 a controlled substance without his or her consent, shall 17 designate personnel to provide: 18 (1) An explanation to the victim about the nature 19 and effects of commonly used controlled substances and 20 how such controlled substances are administered. 21 (2) An offer to the victim of testing for the 22 presence of such controlled substances. 23 (3) A disclosure to the victim that all controlled 24 substances or alcohol ingested by the victim will be 25 disclosed by the test. 26 (4) A statement that the test is completely 27 voluntary. 28 (5) A form for written authorization for sample 29 analysis of all controlled substances and alcohol 30 ingested by the victim. 31 A physician licensed to practice medicine in all its 32 branches may agree to be a designated person under this 33 subsection. 34 No sample analysis may be performed unless the victim SB1049 Engrossed -4- LRB9208123ARsb 1 returns a signed written authorization within 48 hours after 2 the sample was collected. 3 Any medical treatment or care under this subsection shall 4 be only in accordance with the order of a physician licensed 5 to practice medicine in all of its branches. Any testing 6 under this subsection shall be only in accordance with the 7 order of a licensed individual authorized to order the 8 testing. 9 (Source: P.A. 90-590, eff. 1-1-99; 90-735, eff. 8-11-98; 10 91-271, eff. 1-1-00; 91-357, eff. 7-29-99.) 11 Section 99. Effective date. This Act takes effect upon 12 becoming law.