[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ House Amendment 001 ] | [ House Amendment 003 ] |
91_HB3113eng HB3113 Engrossed 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 Sections 5 and 6.4 as 6 follows: 7 (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5) 8 Sec. 5. Minimum requirements for hospitals providing 9 emergency service to sexual assault survivors. (a) Every 10 hospital providing emergency hospital services to an alleged 11 sexual assault survivor under this Act shall, as minimum 12 requirements for such services, provide, with the consent of 13 the alleged sexual assault survivor, and as ordered by the 14 attending physician, the following: 15 (1) appropriate medical examinations and laboratory 16 tests required to ensure the health, safety, and welfare of 17 an alleged sexual assault survivor or which may be used as 18 evidence in a criminal proceeding against a person accused of 19 the sexual assault, or both; and records of the results of 20 such examinations and tests shall be maintained by the 21 hospital and made available to law enforcement officials upon 22 the request of the alleged sexual assault survivor; 23 (2) appropriate oral and written information concerning 24 the possibility of infection, sexually transmitted disease 25 and pregnancy resulting from sexual assault; 26 (3) appropriate oral and written information concerning 27 accepted medical procedures, medication, and possible 28 contraindications of such medication available for the 29 prevention or treatment of infection or disease resulting 30 from sexual assault; 31 (4) such medication as deemed appropriate by the HB3113 Engrossed -2- LRB9111275MWpc 1 attending physician; 2 (5) a blood test to determine the presence or absence of 3 sexually transmitted disease; 4 (6) written and oral instructions indicating the need 5 for a second blood test 6 weeks after the sexual assault to 6 determine the presence or absence of sexually transmitted 7 disease; and 8 (7) appropriate counseling as determined by the 9 hospital, by trained personnel designated by the hospital. 10 (b) Any minor who is an alleged survivor of sexual 11 assault who seeks emergency services under this Act shall be 12 provided such services without the consent of the parent, 13 guardian or custodian of the minor.Only the minor's parent14or legal guardian can sign for release of evidence and15information concerning the alleged sexual assault.16 (Source: P.A. 85-577.) 17 (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4) 18 Sec. 6.4. Sexual assault evidence collection program. 19 (a) There is created a statewide sexual assault evidence 20 collection program to facilitate the prosecution of persons 21 accused of sexual assault. This program shall be 22 administered by the Illinois State Police. The program shall 23 consist of the following: (1) distribution of sexual assault 24 evidence collection kits which have been approved by the 25 Illinois State Police to hospitals that request them, or 26 arranging for such distribution by the manufacturer of the 27 kits, (2) collection of the kits from hospitals after the 28 kits have been used to collect evidence, (3) analysis of the 29 collected evidence and conducting of laboratory tests, and 30 (4) maintaining the chain of custody and safekeeping of the 31 evidence for use in a legal proceeding. The standardized 32 evidence collection kit for the State of Illinois shall be 33 the State Police Evidence Collection Kit, also known as HB3113 Engrossed -3- LRB9111275MWpc 1 "S.P.E.C.K.". A sexual assault evidence collection kit may 2 not be released by a hospital without the written consent of 3 the sexual assault survivor. In the case of a survivor who 4 is a minor 13 years of age or older, evidence and information 5 concerning the alleged sexual assault may be released at the 6 written request of the minor. If the survivor is a minor who 7 is under 13 years of age, evidence and information concerning 8 the alleged sexual assault may be released at the written 9 request of the parent, guardian, investigating law 10 enforcement officer, or Department of Children and Family 11 Services. Any health care professional, including any 12 physician or nurse, and any health care institution, 13 including any hospital, who provides evidence or information 14 to a law enforcement officer pursuant to a written request as 15 specified in this Section is immune from any civil or 16 professional liability that might arise from those actions, 17 with the exception of willful or wanton misconduct. The 18 immunity provision applies only if all of the requirements of 19 this Section are met.A sexual assault evidence collection20kit may not be released by a hospital without the written21consent of the sexual assault survivor or, in the case of a22minor, the written consent of the minor's parent or legal23guardian.24 (b) The Illinois State Police shall administer a program 25 to train hospitals and hospital personnel participating in 26 the sexual assault evidence collection program, in the 27 correct use and application of the sexual assault evidence 28 collection kits. The Department of Public Health shall 29 cooperate with the Illinois State Police in this program as 30 it pertains to medical aspects of the evidence collection. 31 (Source: P.A. 89-246, eff. 8-4-95; 89-507, eff. 7-1-97; 32 90-587, eff. 7-1-98.) 33 Section 99. Effective date. This Act takes effect upon HB3113 Engrossed -4- LRB9111275MWpc 1 becoming law.