Public Act 095-0926
Public Act 0926 95TH GENERAL ASSEMBLY
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Public Act 095-0926
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| SB2355 Enrolled |
LRB095 18741 RLC 44854 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Criminal Code of 1961 is amended by changing | Section 12-18 as follows:
| (720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
| Sec. 12-18. General Provisions.
| (a) No person accused of violating Sections 12-13, 12-14, | 12-15 or 12-16
of this Code shall be presumed to be incapable | of committing an offense
prohibited by Sections 12-13, 12-14, | 12-14.1, 12-15 or 12-16 of this Code
because of age, physical | condition or relationship to the victim, except as
otherwise | provided in subsection (c) of this Section. Nothing in this | Section
shall be construed to modify or abrogate the | affirmative defense of infancy
under Section 6-1 of this Code | or the provisions of Section 5-805 of the
Juvenile Court Act of | 1987.
| (b) Any medical examination or procedure which is conducted | by a physician,
nurse, medical or hospital personnel, parent, | or caretaker for purposes
and in a manner consistent with | reasonable medical standards is not an offense
under Sections | 12-13, 12-14, 12-14.1, 12-15 and 12-16 of this Code.
| (c) (Blank).
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| (d) (Blank).
| (e) After a finding at a preliminary hearing that there is | probable
cause to believe that an accused has committed a | violation of Section
12-13, 12-14, or 12-14.1 of this Code, or | after an indictment is returned
charging an accused with a | violation of Section 12-13, 12-14, or 12-14.1 of
this Code,
or | after a finding that a defendant charged with a violation of | Section
12-13, 12-14, or 12-14.1 of this Code is unfit to stand | trial pursuant to
Section 104-16 of the Code of
Criminal | Procedure of 1963 where the finding is made prior to | preliminary
hearing,
at the request of the person who was the | victim of the violation of
Section 12-13, 12-14, or 12-14.1, | the prosecuting State's attorney shall seek
an order from the | court to compel the accused to be tested within 48 hours for | any sexually
transmissible disease, including a test for | infection with
human immunodeficiency virus (HIV). The medical | tests shall be
performed only
by appropriately licensed medical | practitioners. The test for infection with
human | immunodeficiency virus (HIV) shall consist of an
enzyme-linked | immunosorbent assay (ELISA) test, or such other test as may
be | approved by the Illinois Department of Public Health; in the | event of a
positive result, the Western Blot Assay or a more | reliable confirmatory
test shall be administered. The results | of the tests and any follow-up tests shall be
kept
strictly | confidential by all medical personnel involved in the testing | and
must be personally delivered in a sealed envelope to the |
| victim, to the defendant, to the State's Attorney, and to the
| judge who entered the order, for the judge's inspection in | camera. The judge shall provide to the victim a referral to the | Illinois Department of Public Health HIV/AIDS toll-free | hotline for counseling and information in connection with the | test result. Acting
in accordance with the best interests of | the victim and the public, the
judge shall have the discretion | to determine to whom, if anyone, the result
of the testing may | be revealed; however, in no case shall the identity of
the | victim be disclosed. The court shall order that the cost of the | tests
shall be paid by the county, and shall may be taxed as | costs against the accused
if convicted.
| (f) Whenever any law enforcement officer has reasonable | cause to believe
that a person has been delivered a controlled | substance without his or her
consent, the law enforcement | officer shall advise the victim about seeking
medical treatment | and preserving evidence.
| (g) Every hospital providing emergency hospital services | to an alleged
sexual assault survivor, when there is reasonable
| cause to believe that a person has been delivered a controlled | substance
without his or her consent, shall designate personnel | to provide:
| (1) An explanation to the victim about the nature and | effects of commonly
used controlled substances and how such | controlled substances are administered.
| (2) An offer to the victim of testing for the presence |
| of such controlled
substances.
| (3) A disclosure to the victim that all controlled | substances or alcohol
ingested by the victim will be | disclosed by the test.
| (4) A statement that the test is completely voluntary.
| (5) A form for written authorization for sample | analysis of all controlled
substances and alcohol ingested | by the victim.
| A physician licensed to practice medicine in all its | branches may agree to
be a designated person under this | subsection.
| No sample analysis may be performed unless the victim
| returns a signed written authorization within 30 days
after the | sample was
collected.
| Any medical treatment or care under this subsection shall | be only in
accordance with the order of a physician licensed to | practice medicine in all
of its branches. Any testing under | this subsection shall be only in accordance
with the order of a | licensed individual authorized to order the testing.
| (Source: P.A. 93-958, eff. 8-20-04; 94-397, eff. 1-1-06.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 8/26/2008
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