[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_SB1255
LRB9108064RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 12-18.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 12-18 as follows:
7 (720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
8 Sec. 12-18. General Provisions.
9 (a) No person accused of violating Sections 12-13,
10 12-14, 12-15 or 12-16 of this Code shall be presumed to be
11 incapable of committing an offense prohibited by Sections
12 12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code because of
13 age, physical condition or relationship to the victim, except
14 as otherwise provided in subsection (c) of this Section.
15 Nothing in this Section shall be construed to modify or
16 abrogate the affirmative defense of infancy under Section 6-1
17 of this Code or the provisions of Section 5-805 of the
18 Juvenile Court Act of 1987.
19 (b) Any medical examination or procedure which is
20 conducted by a physician, nurse, medical or hospital
21 personnel, parent, or caretaker for purposes and in a manner
22 consistent with reasonable medical standards is not an
23 offense under Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16
24 of this Code.
25 (c) Prosecution of a spouse of a victim under this
26 subsection for any violation by the victim's spouse of
27 Section 12-13, 12-14, 12-15 or 12-16 of this Code is barred
28 unless the victim reported such offense to a law enforcement
29 agency or the State's Attorney's office within 30 days after
30 the offense was committed, except when the court finds good
31 cause for the delay.
-2- LRB9108064RCks
1 (d) In addition to the sentences provided for in
2 Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the
3 Criminal Code of 1961 the Court may order any person who is
4 convicted of violating any of those Sections to meet all or
5 any portion of the financial obligations of treatment,
6 including but not limited to medical, psychiatric,
7 rehabilitative or psychological treatment, prescribed for the
8 victim or victims of the offense.
9 (e) After a finding at a preliminary hearing that there
10 is probable cause to believe that an accused has committed a
11 violation of Section 12-13, 12-14, or 12-14.1 of this Code,
12 or after an indictment is returned charging an accused with a
13 violation of Section 12-13, 12-14, or 12-14.1 of this Code,
14 at the request of the person who was the victim of the
15 violation of Section 12-13, 12-14, or 12-14.1, the
16 prosecuting State's attorney shall seek an order from the
17 court to compel the accused to be tested for any sexually
18 transmissible disease, including a test for infection with
19 human immunodeficiency virus (HIV). The medical tests test
20 shall be performed only by appropriately licensed medical
21 practitioners. The test for infection with human
22 immunodeficiency virus (HIV) , and shall consist of an
23 enzyme-linked immunosorbent assay (ELISA) test, or such other
24 test as may be approved by the Illinois Department of Public
25 Health; in the event of a positive result, the Western Blot
26 Assay or a more reliable confirmatory test shall be
27 administered. The results of the tests test shall be kept
28 strictly confidential by all medical personnel involved in
29 the testing and must be personally delivered in a sealed
30 envelope to the victim and to the judge who entered the
31 order, for the judge's inspection in camera. Acting in
32 accordance with the best interests of the victim and the
33 public, the judge shall have the discretion to determine to
34 whom, if anyone, the result of the testing may be revealed;
-3- LRB9108064RCks
1 however, in no case shall the identity of the victim be
2 disclosed. The court shall order that the cost of the tests
3 test shall be paid by the county, and may be taxed as costs
4 against the accused if convicted.
5 (f) Whenever any law enforcement officer has reasonable
6 cause to believe that a person has been delivered a
7 controlled substance without his or her consent, the law
8 enforcement officer shall advise the victim about seeking
9 medical treatment and preserving evidence.
10 (g) Every hospital providing emergency hospital services
11 to an alleged sexual assault survivor, when there is
12 reasonable cause to believe that a person has been delivered
13 a controlled substance without his or her consent, shall
14 designate personnel to provide:
15 (1) An explanation to the victim about the nature
16 and effects of commonly used controlled substances and
17 how such controlled substances are administered.
18 (2) An offer to the victim of testing for the
19 presence of such controlled substances.
20 (3) A disclosure to the victim that all controlled
21 substances or alcohol ingested by the victim will be
22 disclosed by the test.
23 (4) A statement that the test is completely
24 voluntary.
25 (5) A form for written authorization for sample
26 analysis of all controlled substances and alcohol
27 ingested by the victim.
28 A physician licensed to practice medicine in all its
29 branches may agree to be a designated person under this
30 subsection.
31 No sample analysis may be performed unless the victim
32 returns a signed written authorization within 48 hours after
33 the sample was collected.
34 Any medical treatment or care under this subsection shall
-4- LRB9108064RCks
1 be only in accordance with the order of a physician licensed
2 to practice medicine in all of its branches. Any testing
3 under this subsection shall be only in accordance with the
4 order of a licensed individual authorized to order the
5 testing.
6 (Source: P.A. 90-590, eff. 1-1-99; 90-735, eff. 8-11-98;
7 91-271, eff. 1-1-00; 91-357, eff. 7-29-99.)
8 Section 95. No acceleration or delay. Where this Act
9 makes changes in a statute that is represented in this Act by
10 text that is not yet or no longer in effect (for example, a
11 Section represented by multiple versions), the use of that
12 text does not accelerate or delay the taking effect of (i)
13 the changes made by this Act or (ii) provisions derived from
14 any other Public Act.
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.