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91_HB3113
LRB9111275MWpc
1 AN ACT concerning evidence.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Sexual Assault Survivors Emergency
5 Treatment Act is amended by changing Section 5 as follows:
6 (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
7 Sec. 5. Minimum requirements for hospitals providing
8 emergency service to sexual assault survivors.
9 (a) Every hospital providing emergency hospital services
10 to an alleged sexual assault survivor under this Act shall,
11 as minimum requirements for such services, provide, with the
12 consent of the alleged sexual assault survivor, and as
13 ordered by the attending physician, the following:
14 (1) appropriate medical examinations and laboratory
15 tests required to ensure the health, safety, and welfare
16 of an alleged sexual assault survivor or which may be
17 used as evidence in a criminal proceeding against a
18 person accused of the sexual assault, or both; and
19 records of the results of such examinations and tests
20 shall be maintained by the hospital and made available to
21 law enforcement officials upon the request of the alleged
22 sexual assault survivor;
23 (2) appropriate oral and written information
24 concerning the possibility of infection, sexually
25 transmitted disease and pregnancy resulting from sexual
26 assault;
27 (3) appropriate oral and written information
28 concerning accepted medical procedures, medication, and
29 possible contraindications of such medication available
30 for the prevention or treatment of infection or disease
31 resulting from sexual assault;
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1 (4) such medication as deemed appropriate by the
2 attending physician;
3 (5) a blood test to determine the presence or
4 absence of sexually transmitted disease;
5 (6) written and oral instructions indicating the
6 need for a second blood test 6 weeks after the sexual
7 assault to determine the presence or absence of sexually
8 transmitted disease; and
9 (7) appropriate counseling as determined by the
10 hospital, by trained personnel designated by the
11 hospital.
12 (b) Any minor who is an alleged survivor of sexual
13 assault who seeks emergency services under this Act shall be
14 provided such services without the consent of the parent,
15 guardian or custodian of the minor. Evidence and information
16 concerning the alleged sexual assault may be released at the
17 request of the minor if the minor is 13 years of age or older
18 or by the attending physician if the minor is under 13 years
19 of age Only the minor's parent or legal guardian can sign for
20 release of evidence and information concerning the alleged
21 sexual assault.
22 (Source: P.A. 85-577.)
23 Section 10. The Juvenile Court Act of 1987 is amended by
24 adding Section 1-10.5 as follows:
25 (705 ILCS 405/1-10.5 new)
26 Sec. 1-10.5. Laboratory reports.
27 (a) In any proceeding under the provisions of Article IV
28 concerning addicted minors or for a violation of any State
29 law relating to controlled substances or cannabis, a
30 laboratory report from the Department of State Police,
31 Division of Forensic Services, that is signed and sworn to by
32 the person performing an analysis and that states (1) that
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1 the substance that is the basis of the alleged violation has
2 been weighed and analyzed, (2) the person's findings as to
3 the contents, weight and identity of the substance, and (3)
4 that it contains any amount of a controlled substance or
5 cannabis is prima facie evidence of the contents, identity
6 and weight of the substance. This report of the evidence
7 submitted to the laboratory may be based on Random Sampling
8 Under Normal Theory and Hypergeometric Sampling, both
9 scientifically acceptable methods of determining net weight
10 and population content of the controlled substances and
11 cannabis. Attached to the report shall be a copy of a
12 notarized statement by the signer of the report giving the
13 name of the signer and stating (i) that he or she is an
14 employee of the Department of State Police, Division of
15 Forensic Services, (ii) the name and location of the
16 laboratory where the analysis was performed, (iii) that
17 performing the analysis is a part of his or her regular
18 duties, and (iv) that the signer is qualified by education,
19 training, and experience to perform the analysis. The signer
20 shall also allege that scientifically accepted tests were
21 performed with due caution and that the evidence was handled
22 in accordance with established and accepted procedures while
23 in the custody of the laboratory.
24 (b) The State's Attorney shall serve a copy of the
25 report on the attorney of record for the accused, or on the
26 accused if he or she has no attorney, before any proceeding
27 in which the report is to be used against the accused other
28 than at a preliminary hearing when the report may be used
29 without having been previously served upon the accused.
30 Section 15. The Code of Criminal Procedure of 1963 is
31 amended by changing Section 115-15 as follows:
32 (725 ILCS 5/115-15)
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1 Sec. 115-15. Laboratory reports.
2 (a) In any criminal prosecution for a violation of
3 either the Cannabis Control Act or the Illinois Controlled
4 Substances Act, a laboratory report from the Department of
5 State Police, Division of Forensic Services, that is signed
6 and sworn to by the person performing an analysis and that
7 states (1) that the substance that is the basis of the
8 alleged violation has been weighed and analyzed, and (2) the
9 person's findings as to the contents, weight and identity of
10 the substance, and (3) that it contains any amount of a
11 controlled substance or cannabis is prima facie evidence of
12 the contents, identity and weight of the substance. This
13 report of the evidence submitted to the laboratory may be
14 based on Random Sampling Under Normal Theory and
15 Hypergeometric Sampling, both scientifically acceptable
16 methods of determining the net weight and population content
17 of controlled substances and cannabis. Attached to the report
18 shall be a copy of a notarized statement by the signer of the
19 report giving the name of the signer and stating (i) that he
20 or she is an employee of the Department of State Police,
21 Division of Forensic Services, (ii) the name and location of
22 the laboratory where the analysis was performed, (iii) that
23 performing the analysis is a part of his or her regular
24 duties, and (iv) that the signer is qualified by education,
25 training and experience to perform the analysis. The signer
26 shall also allege that scientifically accepted tests were
27 performed with due caution and that the evidence was handled
28 in accordance with established and accepted procedures while
29 in the custody of the laboratory.
30 (a-5) In any criminal prosecution for reckless homicide
31 under Section 9-3 of the Criminal Code of 1961 or driving
32 under the influence of alcohol, other drug, or combination of
33 both, in violation of Section 11-501 of the Illinois Vehicle
34 Code or in any civil action held under a statutory summary
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1 suspension hearing under Section 2-118.1 of the Illinois
2 Vehicle Code, a laboratory report from the Department of
3 State Police, Division of Forensic Services, that is signed
4 and sworn to by the person performing an analysis, and that
5 states that the sample of blood or urine was tested for
6 alcohol or drugs, and contains the person's findings as to
7 the presence and amount of alcohol or drugs and type of drug
8 is prima facie evidence of the presence, content, and amount
9 of the alcohol or drugs analyzed in the blood or urine.
10 Attached to the report must be a copy of a notarized
11 statement by the signer of the report giving the name of the
12 signer and stating (1) that he or she is an employee of the
13 Department of State Police, Division of Forensic Services,
14 (2) the name and location of the laboratory where the
15 analysis was performed, (3) that performing the analysis is a
16 part of his or her regular duties, (4) that the signer is
17 qualified by education, training, and experience to perform
18 the analysis, and (5) that scientifically accepted tests were
19 performed with due caution and that the evidence was handled
20 in accordance with established and accepted procedures while
21 in the custody of the laboratory.
22 (b) The State's Attorney shall serve a copy of the
23 report on the attorney of record for the accused, or on the
24 accused if he or she has no attorney, before any proceeding
25 in which the report is to be used against the accused other
26 than at a preliminary hearing or grand jury hearing when the
27 report may be used without having been previously served upon
28 the accused.
29 (c) The report shall not be prima facie evidence if the
30 accused or his or her attorney demands the testimony of the
31 person signing the report by serving the demand upon the
32 State's Attorney within 7 days from the accused or his or her
33 attorney's receipt of the report. This subsection (c) does
34 not apply to proceedings under the Juvenile Court Act of 1987
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1 pursuant to Article IV concerning addicted minors or pursuant
2 to Article V concerning delinquent minors for a violation of
3 any State law related to controlled substances or cannabis.
4 (Source: P.A. 90-130, eff. 1-1-98; 91-563, eff. 1-1-00.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.