[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
91_HB1785sam001
LRB9105508RCpkam
1 AMENDMENT TO HOUSE BILL 1785
2 AMENDMENT NO. . Amend House Bill 1785 by replacing
3 the title with the following:
4 "AN ACT concerning evidence."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Sexual Assault Survivors Emergency
8 Treatment Act is amended by changing Sections 5 and 6.4 as
9 follows:
10 (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
11 Sec. 5. Minimum requirements for hospitals providing
12 emergency service to sexual assault survivors.
13 (a) Every hospital providing emergency hospital services
14 to an alleged sexual assault survivor under this Act shall,
15 as minimum requirements for such services, provide, with the
16 consent of the alleged sexual assault survivor, and as
17 ordered by the attending physician, the following:
18 (1) appropriate medical examinations and laboratory
19 tests required to ensure the health, safety, and welfare
20 of an alleged sexual assault survivor or which may be
21 used as evidence in a criminal proceeding against a
-2- LRB9105508RCpkam
1 person accused of the sexual assault, or both; and
2 records of the results of such examinations and tests
3 shall be maintained by the hospital and made available to
4 law enforcement officials upon the request of the alleged
5 sexual assault survivor;
6 (2) appropriate oral and written information
7 concerning the possibility of infection, sexually
8 transmitted disease and pregnancy resulting from sexual
9 assault;
10 (3) appropriate oral and written information
11 concerning accepted medical procedures, medication, and
12 possible contraindications of such medication available
13 for the prevention or treatment of infection or disease
14 resulting from sexual assault;
15 (4) such medication as deemed appropriate by the
16 attending physician;
17 (5) a blood test to determine the presence or
18 absence of sexually transmitted disease;
19 (6) written and oral instructions indicating the
20 need for a second blood test 6 weeks after the sexual
21 assault to determine the presence or absence of sexually
22 transmitted disease; and
23 (7) appropriate counseling as determined by the
24 hospital, by trained personnel designated by the
25 hospital.
26 (b) Any minor who is an alleged survivor of sexual
27 assault who seeks emergency services under this Act shall be
28 provided such services without the consent of the parent,
29 guardian or custodian of the minor. Only the minor's parent
30 or legal guardian can sign for release of evidence and
31 information concerning the alleged sexual assault.
32 (Source: P.A. 85-577.)
33 (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
-3- LRB9105508RCpkam
1 Sec. 6.4. Sexual assault evidence collection program.
2 (a) There is created a statewide sexual assault evidence
3 collection program to facilitate the prosecution of persons
4 accused of sexual assault. This program shall be
5 administered by the Illinois State Police. The program shall
6 consist of the following: (1) distribution of sexual assault
7 evidence collection kits which have been approved by the
8 Illinois State Police to hospitals that request them, or
9 arranging for such distribution by the manufacturer of the
10 kits, (2) collection of the kits from hospitals after the
11 kits have been used to collect evidence, (3) analysis of the
12 collected evidence and conducting of laboratory tests, and
13 (4) maintaining the chain of custody and safekeeping of the
14 evidence for use in a legal proceeding. The standardized
15 evidence collection kit for the State of Illinois shall be
16 the State Police Evidence Collection Kit, also known as
17 "S.P.E.C.K.". A sexual assault evidence collection kit may
18 not be released by a hospital without the written consent of
19 the sexual assault survivor. In the case of a survivor who
20 is a minor 13 years of age or older, evidence and information
21 concerning the alleged sexual assault may be released at the
22 written request of the minor. If the survivor is a minor who
23 is under 13 years of age, evidence and information concerning
24 the alleged sexual assault may be released at the written
25 request of the parent, guardian, investigating law
26 enforcement officer, or Department of Children and Family
27 Services. Any health care professional, including any
28 physician or nurse, and any health care institution,
29 including any hospital, who provides evidence or information
30 to a law enforcement officer pursuant to a written request as
31 specified in this Section is immune from any civil or
32 professional liability that might arise from those actions,
33 with the exception of willful or wanton misconduct. The
34 immunity provision applies only if all of the requirements of
-4- LRB9105508RCpkam
1 this Section are met. A sexual assault evidence collection
2 kit may not be released by a hospital without the written
3 consent of the sexual assault survivor or, in the case of a
4 minor, the written consent of the minor's parent or legal
5 guardian.
6 (b) The Illinois State Police shall administer a program
7 to train hospitals and hospital personnel participating in
8 the sexual assault evidence collection program, in the
9 correct use and application of the sexual assault evidence
10 collection kits. The Department of Public Health shall
11 cooperate with the Illinois State Police in this program as
12 it pertains to medical aspects of the evidence collection.
13 (Source: P.A. 89-246, eff. 8-4-95; 89-507, eff. 7-1-97;
14 90-587, eff. 7-1-98.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.".