HB5558 94TH GENERAL ASSEMBLY

LRB094 16487 RSP 51747 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5558

Introduced 01/27/06, by Rep. David R. Leitch

SYNOPSIS AS INTRODUCED:

20 ILCS 2630/3.2

from Ch. 38, par. 206-3.2

Amends the Criminal Identification Act. Expands the circumstances under which medical personnel must notify local law enforcement of injuries. Requires notification for injuries that reasonably appear to have resulted from stabbing. Provides that injuries that must be reported by medical personnel if sustained in the commission of or as a victim of a criminal offense, include, but are not limited to: death, head injury (skull fracture, brain damage, or bleeding in the brain, such as subdural hematoma or shaken-baby syndrome), internal injury, burning, scalding, poison or noxious substance exposure, bone fracture, sexual penetration, and any other physical injury suggestive of or related to sexual molestation or sexual exploitation. Provides that any hospital, physician, or nurse who willfully fails to notify the local law enforcement agency as required shall be reported to the appropriate professional organizations and the Department of Financial and Professional Regulation for disciplinary action and, for a first offense, is guilty of a Class A misdemeanor. Sets forth that any person who violates this reporting requirement a second or subsequent time commits a Class 4 felony. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Identification Act is amended by changing Section 3.2 as follows:

(20 ILCS 2630/3.2) (from Ch. 38, par. 206-3.2)

Sec. 3.2. It is the duty of any person conducting or operating a medical facility, or any physician or nurse as soon as treatment permits to notify the local law enforcement agency of that jurisdiction upon the application for treatment of a person (adult or minor) who is not accompanied by a law enforcement officer, when it reasonably appears that the person requesting treatment has received:

(1) any injury resulting from the discharge of a firearm or stabbing; or

(2) any injury sustained in the commission of or as a victim of a criminal offense, including, but not limited to: death, head injury (skull fracture, brain damage, or bleeding in the brain, such as subdural hematoma or shaken-baby syndrome), internal injury, burning, scalding, poison or noxious substance exposure, bone fracture, sexual penetration, and any other physical injury suggestive of or related to sexual molestation or sexual exploitation.

Any hospital, physician or nurse shall be forever held harmless from any civil liability for their reasonable compliance with the provisions of this Section.

Any hospital, physician, or nurse who willfully fails to notify the local law enforcement agency as required by this Section shall be reported to the appropriate professional organizations and the Department of Financial and Professional Regulation for disciplinary action and, for a first offense, is guilty of a Class A misdemeanor. Any person who violates this Section a second or subsequent time is guilty of a Class 4 felony.

(Source: P.A. 86-1475.)

Section 99. Effective date. This Act takes effect upon becoming law.