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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.
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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 Criminal Code of 1961 is amended by changing |
Section 12-18 as follows:
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(720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
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Sec. 12-18. General Provisions.
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(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.
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(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.
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(c) (Blank).
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(d) (Blank).
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(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 |
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victim, to the defendant, to the State's Attorney, and to the
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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.
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(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.
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(g) Every hospital providing emergency hospital services |
to an alleged
sexual assault survivor, when there is reasonable
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cause to believe that a person has been delivered a controlled |
substance
without his or her consent, shall designate personnel |
to provide:
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(1) An explanation to the victim about the nature and |
effects of commonly
used controlled substances and how such |
controlled substances are administered.
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(2) An offer to the victim of testing for the presence |
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of such controlled
substances.
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(3) A disclosure to the victim that all controlled |
substances or alcohol
ingested by the victim will be |
disclosed by the test.
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(4) A statement that the test is completely voluntary.
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(5) A form for written authorization for sample |
analysis of all controlled
substances and alcohol ingested |
by the victim.
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A physician licensed to practice medicine in all its |
branches may agree to
be a designated person under this |
subsection.
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No sample analysis may be performed unless the victim
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returns a signed written authorization within 30 days
after the |
sample was
collected.
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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.
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(Source: P.A. 93-958, eff. 8-20-04; 94-397, eff. 1-1-06.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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