Public Act 102-0022
 
HB1739 EnrolledLRB102 11380 KMF 16713 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Sections 1a, 1a-1, 2,
2-1, 2.05, 2.05-1, 2.06, 2.06-1, 2.1, 2.1-1, 2.2, 2.2-1, 3,
3-1, 5, 5-1, 5.1, 5.1-1, 5.2, 5.2-1, 5.3, 5.3-1, 5.5, 5.5-1,
6.1, 6.1-1, 6.2, 6.2-1, 6.4, 6.4-1, 6.5, 6.5-1, 6.6, 6.6-1, 7,
7-1, 7.5, 7.5-1, 8, 8-1, 10, and 10-1 as follows:
 
    (410 ILCS 70/1a)  (from Ch. 111 1/2, par. 87-1a)
    Sec. 1a. Definitions.
    (a) In this Act:
    "Advanced practice registered nurse" has the meaning
provided in Section 50-10 of the Nurse Practice Act.
    "Ambulance provider" means an individual or entity that
owns and operates a business or service using ambulances or
emergency medical services vehicles to transport emergency
patients.
    "Approved pediatric health care facility" means a health
care facility, other than a hospital, with a sexual assault
treatment plan approved by the Department to provide medical
forensic services to pediatric sexual assault survivors who
present with a complaint of sexual assault within a minimum of
the last 7 days or who have disclosed past sexual assault by a
specific individual and were in the care of that individual
within a minimum of the last 7 days.
    "Areawide sexual assault treatment plan" means a plan,
developed by hospitals or by hospitals and approved pediatric
health care facilities in a community or area to be served,
which provides for medical forensic services to sexual assault
survivors that shall be made available by each of the
participating hospitals and approved pediatric health care
facilities.
    "Board-certified child abuse pediatrician" means a
physician certified by the American Board of Pediatrics in
child abuse pediatrics.
    "Board-eligible child abuse pediatrician" means a
physician who has completed the requirements set forth by the
American Board of Pediatrics to take the examination for
certification in child abuse pediatrics.
    "Department" means the Department of Public Health.
    "Emergency contraception" means medication as approved by
the federal Food and Drug Administration (FDA) that can
significantly reduce the risk of pregnancy if taken within 72
hours after sexual assault.
    "Follow-up healthcare" means healthcare services related
to a sexual assault, including laboratory services and
pharmacy services, rendered within 90 days of the initial
visit for medical forensic services.
    "Health care professional" means a physician, a physician
assistant, a sexual assault forensic examiner, an advanced
practice registered nurse, a registered professional nurse, a
licensed practical nurse, or a sexual assault nurse examiner.
    "Hospital" means a hospital licensed under the Hospital
Licensing Act or operated under the University of Illinois
Hospital Act, any outpatient center included in the hospital's
sexual assault treatment plan where hospital employees provide
medical forensic services, and an out-of-state hospital that
has consented to the jurisdiction of the Department under
Section 2.06.
    "Illinois State Police Sexual Assault Evidence Collection
Kit" means a prepackaged set of materials and forms to be used
for the collection of evidence relating to sexual assault. The
standardized evidence collection kit for the State of Illinois
shall be the Illinois State Police Sexual Assault Evidence
Collection Kit.
    "Law enforcement agency having jurisdiction" means the law
enforcement agency in the jurisdiction where an alleged sexual
assault or sexual abuse occurred.
    "Licensed practical nurse" has the meaning provided in
Section 50-10 of the Nurse Practice Act.
    "Medical forensic services" means health care delivered to
patients within or under the care and supervision of personnel
working in a designated emergency department of a hospital or
an approved pediatric health care facility. "Medical forensic
services" includes, but is not limited to, taking a medical
history, performing photo documentation, performing a physical
and anogenital examination, assessing the patient for evidence
collection, collecting evidence in accordance with a statewide
sexual assault evidence collection program administered by the
Department of State Police using the Illinois State Police
Sexual Assault Evidence Collection Kit, if appropriate,
assessing the patient for drug-facilitated or
alcohol-facilitated sexual assault, providing an evaluation of
and care for sexually transmitted infection and human
immunodeficiency virus (HIV), pregnancy risk evaluation and
care, and discharge and follow-up healthcare planning.
    "Pediatric health care facility" means a clinic or
physician's office that provides medical services to pediatric
patients.
    "Pediatric sexual assault survivor" means a person under
the age of 13 who presents for medical forensic services in
relation to injuries or trauma resulting from a sexual
assault.
    "Photo documentation" means digital photographs or
colposcope videos stored and backed up securely in the
original file format.
    "Physician" means a person licensed to practice medicine
in all its branches.
    "Physician assistant" has the meaning provided in Section
4 of the Physician Assistant Practice Act of 1987.
    "Prepubescent sexual assault survivor" means a female who
is under the age of 18 years and has not had a first menstrual
cycle or a male who is under the age of 18 years and has not
started to develop secondary sex characteristics who presents
for medical forensic services in relation to injuries or
trauma resulting from a sexual assault.
    "Qualified medical provider" means a board-certified child
abuse pediatrician, board-eligible child abuse pediatrician, a
sexual assault forensic examiner, or a sexual assault nurse
examiner who has access to photo documentation tools, and who
participates in peer review.
    "Registered Professional Nurse" has the meaning provided
in Section 50-10 of the Nurse Practice Act.
    "Sexual assault" means:
        (1) an act of sexual conduct; as used in this
    paragraph, "sexual conduct" has the meaning provided under
    Section 11-0.1 of the Criminal Code of 2012; or
        (2) any act of sexual penetration; as used in this
    paragraph, "sexual penetration" has the meaning provided
    under Section 11-0.1 of the Criminal Code of 2012 and
    includes, without limitation, acts prohibited under
    Sections 11-1.20 through 11-1.60 of the Criminal Code of
    2012.
    "Sexual assault forensic examiner" means a physician or
physician assistant who has completed training that meets or
is substantially similar to the Sexual Assault Nurse Examiner
Education Guidelines established by the International
Association of Forensic Nurses.
    "Sexual assault nurse examiner" means an advanced practice
registered nurse or registered professional nurse who has
completed a sexual assault nurse examiner training program
that meets the Sexual Assault Nurse Examiner Education
Guidelines established by the International Association of
Forensic Nurses.
    "Sexual assault services voucher" means a document
generated by a hospital or approved pediatric health care
facility at the time the sexual assault survivor receives
outpatient medical forensic services that may be used to seek
payment for any ambulance services, medical forensic services,
laboratory services, pharmacy services, and follow-up
healthcare provided as a result of the sexual assault.
    "Sexual assault survivor" means a person who presents for
medical forensic services in relation to injuries or trauma
resulting from a sexual assault.
    "Sexual assault transfer plan" means a written plan
developed by a hospital and approved by the Department, which
describes the hospital's procedures for transferring sexual
assault survivors to another hospital, and an approved
pediatric health care facility, if applicable, in order to
receive medical forensic services.
    "Sexual assault treatment plan" means a written plan that
describes the procedures and protocols for providing medical
forensic services to sexual assault survivors who present
themselves for such services, either directly or through
transfer from a hospital or an approved pediatric health care
facility.
    "Transfer hospital" means a hospital with a sexual assault
transfer plan approved by the Department.
    "Transfer services" means the appropriate medical
screening examination and necessary stabilizing treatment
prior to the transfer of a sexual assault survivor to a
hospital or an approved pediatric health care facility that
provides medical forensic services to sexual assault survivors
pursuant to a sexual assault treatment plan or areawide sexual
assault treatment plan.
    "Treatment hospital" means a hospital with a sexual
assault treatment plan approved by the Department to provide
medical forensic services to all sexual assault survivors who
present with a complaint of sexual assault within a minimum of
the last 7 days or who have disclosed past sexual assault by a
specific individual and were in the care of that individual
within a minimum of the last 7 days.
    "Treatment hospital with approved pediatric transfer"
means a hospital with a treatment plan approved by the
Department to provide medical forensic services to sexual
assault survivors 13 years old or older who present with a
complaint of sexual assault within a minimum of the last 7 days
or who have disclosed past sexual assault by a specific
individual and were in the care of that individual within a
minimum of the last 7 days.
    (b) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19;
101-81, eff. 7-12-19; 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/1a-1)
    (Section scheduled to be repealed on June 30, 2021)
    Sec. 1a-1. Definitions.
    (a) In this Act:
    "Advanced practice registered nurse" has the meaning
provided in Section 50-10 of the Nurse Practice Act.
    "Ambulance provider" means an individual or entity that
owns and operates a business or service using ambulances or
emergency medical services vehicles to transport emergency
patients.
    "Approved pediatric health care facility" means a health
care facility, other than a hospital, with a sexual assault
treatment plan approved by the Department to provide medical
forensic services to pediatric sexual assault survivors who
present with a complaint of sexual assault within a minimum of
the last 7 days or who have disclosed past sexual assault by a
specific individual and were in the care of that individual
within a minimum of the last 7 days.
    "Approved federally qualified health center" means a
facility as defined in Section 1905(l)(2)(B) of the federal
Social Security Act with a sexual assault treatment plan
approved by the Department to provide medical forensic
services to sexual assault survivors 13 years old or older who
present with a complaint of sexual assault within a minimum of
the last 7 days or who have disclosed past sexual assault by a
specific individual and were in the care of that individual
within a minimum of the last 7 days.
    "Areawide sexual assault treatment plan" means a plan,
developed by hospitals or by hospitals, approved pediatric
health care facilities, and approved federally qualified
health centers in a community or area to be served, which
provides for medical forensic services to sexual assault
survivors that shall be made available by each of the
participating hospitals and approved pediatric health care
facilities.
    "Board-certified child abuse pediatrician" means a
physician certified by the American Board of Pediatrics in
child abuse pediatrics.
    "Board-eligible child abuse pediatrician" means a
physician who has completed the requirements set forth by the
American Board of Pediatrics to take the examination for
certification in child abuse pediatrics.
    "Department" means the Department of Public Health.
    "Emergency contraception" means medication as approved by
the federal Food and Drug Administration (FDA) that can
significantly reduce the risk of pregnancy if taken within 72
hours after sexual assault.
    "Federally qualified health center" means a facility as
defined in Section 1905(l)(2)(B) of the federal Social
Security Act that provides primary care or sexual health
services.
    "Follow-up healthcare" means healthcare services related
to a sexual assault, including laboratory services and
pharmacy services, rendered within 90 days of the initial
visit for medical forensic services.
    "Health care professional" means a physician, a physician
assistant, a sexual assault forensic examiner, an advanced
practice registered nurse, a registered professional nurse, a
licensed practical nurse, or a sexual assault nurse examiner.
    "Hospital" means a hospital licensed under the Hospital
Licensing Act or operated under the University of Illinois
Hospital Act, any outpatient center included in the hospital's
sexual assault treatment plan where hospital employees provide
medical forensic services, and an out-of-state hospital that
has consented to the jurisdiction of the Department under
Section 2.06-1.
    "Illinois State Police Sexual Assault Evidence Collection
Kit" means a prepackaged set of materials and forms to be used
for the collection of evidence relating to sexual assault. The
standardized evidence collection kit for the State of Illinois
shall be the Illinois State Police Sexual Assault Evidence
Collection Kit.
    "Law enforcement agency having jurisdiction" means the law
enforcement agency in the jurisdiction where an alleged sexual
assault or sexual abuse occurred.
    "Licensed practical nurse" has the meaning provided in
Section 50-10 of the Nurse Practice Act.
    "Medical forensic services" means health care delivered to
patients within or under the care and supervision of personnel
working in a designated emergency department of a hospital,
approved pediatric health care facility, or an approved
federally qualified health centers.
    "Medical forensic services" includes, but is not limited
to, taking a medical history, performing photo documentation,
performing a physical and anogenital examination, assessing
the patient for evidence collection, collecting evidence in
accordance with a statewide sexual assault evidence collection
program administered by the Department of State Police using
the Illinois State Police Sexual Assault Evidence Collection
Kit, if appropriate, assessing the patient for
drug-facilitated or alcohol-facilitated sexual assault,
providing an evaluation of and care for sexually transmitted
infection and human immunodeficiency virus (HIV), pregnancy
risk evaluation and care, and discharge and follow-up
healthcare planning.
    "Pediatric health care facility" means a clinic or
physician's office that provides medical services to pediatric
patients.
    "Pediatric sexual assault survivor" means a person under
the age of 13 who presents for medical forensic services in
relation to injuries or trauma resulting from a sexual
assault.
    "Photo documentation" means digital photographs or
colposcope videos stored and backed up securely in the
original file format.
    "Physician" means a person licensed to practice medicine
in all its branches.
    "Physician assistant" has the meaning provided in Section
4 of the Physician Assistant Practice Act of 1987.
    "Prepubescent sexual assault survivor" means a female who
is under the age of 18 years and has not had a first menstrual
cycle or a male who is under the age of 18 years and has not
started to develop secondary sex characteristics who presents
for medical forensic services in relation to injuries or
trauma resulting from a sexual assault.
    "Qualified medical provider" means a board-certified child
abuse pediatrician, board-eligible child abuse pediatrician, a
sexual assault forensic examiner, or a sexual assault nurse
examiner who has access to photo documentation tools, and who
participates in peer review.
    "Registered Professional Nurse" has the meaning provided
in Section 50-10 of the Nurse Practice Act.
    "Sexual assault" means:
        (1) an act of sexual conduct; as used in this
    paragraph, "sexual conduct" has the meaning provided under
    Section 11-0.1 of the Criminal Code of 2012; or
        (2) any act of sexual penetration; as used in this
    paragraph, "sexual penetration" has the meaning provided
    under Section 11-0.1 of the Criminal Code of 2012 and
    includes, without limitation, acts prohibited under
    Sections 11-1.20 through 11-1.60 of the Criminal Code of
    2012.
    "Sexual assault forensic examiner" means a physician or
physician assistant who has completed training that meets or
is substantially similar to the Sexual Assault Nurse Examiner
Education Guidelines established by the International
Association of Forensic Nurses.
    "Sexual assault nurse examiner" means an advanced practice
registered nurse or registered professional nurse who has
completed a sexual assault nurse examiner training program
that meets the Sexual Assault Nurse Examiner Education
Guidelines established by the International Association of
Forensic Nurses.
    "Sexual assault services voucher" means a document
generated by a hospital or approved pediatric health care
facility at the time the sexual assault survivor receives
outpatient medical forensic services that may be used to seek
payment for any ambulance services, medical forensic services,
laboratory services, pharmacy services, and follow-up
healthcare provided as a result of the sexual assault.
    "Sexual assault survivor" means a person who presents for
medical forensic services in relation to injuries or trauma
resulting from a sexual assault.
    "Sexual assault transfer plan" means a written plan
developed by a hospital and approved by the Department, which
describes the hospital's procedures for transferring sexual
assault survivors to another hospital, and an approved
pediatric health care facility, if applicable, in order to
receive medical forensic services.
    "Sexual assault treatment plan" means a written plan that
describes the procedures and protocols for providing medical
forensic services to sexual assault survivors who present
themselves for such services, either directly or through
transfer from a hospital or an approved pediatric health care
facility.
    "Transfer hospital" means a hospital with a sexual assault
transfer plan approved by the Department.
    "Transfer services" means the appropriate medical
screening examination and necessary stabilizing treatment
prior to the transfer of a sexual assault survivor to a
hospital or an approved pediatric health care facility that
provides medical forensic services to sexual assault survivors
pursuant to a sexual assault treatment plan or areawide sexual
assault treatment plan.
    "Treatment hospital" means a hospital with a sexual
assault treatment plan approved by the Department to provide
medical forensic services to all sexual assault survivors who
present with a complaint of sexual assault within a minimum of
the last 7 days or who have disclosed past sexual assault by a
specific individual and were in the care of that individual
within a minimum of the last 7 days.
    "Treatment hospital with approved pediatric transfer"
means a hospital with a treatment plan approved by the
Department to provide medical forensic services to sexual
assault survivors 13 years old or older who present with a
complaint of sexual assault within a minimum of the last 7 days
or who have disclosed past sexual assault by a specific
individual and were in the care of that individual within a
minimum of the last 7 days.
    (b) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/2)  (from Ch. 111 1/2, par. 87-2)
    Sec. 2. Hospital and approved pediatric health care
facility requirements for sexual assault plans.
    (a) Every hospital required to be licensed by the
Department pursuant to the Hospital Licensing Act, or operated
under the University of Illinois Hospital Act that provides
general medical and surgical hospital services shall provide
either (i) transfer services to all sexual assault survivors,
(ii) medical forensic services to all sexual assault
survivors, or (iii) transfer services to pediatric sexual
assault survivors and medical forensic services to sexual
assault survivors 13 years old or older, in accordance with
rules adopted by the Department.
    In addition, every such hospital, regardless of whether or
not a request is made for reimbursement, shall submit to the
Department a plan to provide either (i) transfer services to
all sexual assault survivors, (ii) medical forensic services
to all sexual assault survivors, or (iii) transfer services to
pediatric sexual assault survivors and medical forensic
services to sexual assault survivors 13 years old or older.
The Department shall approve such plan for either (i) transfer
services to all sexual assault survivors, (ii) medical
forensic services to all sexual assault survivors, or (iii)
transfer services to pediatric sexual assault survivors and
medical forensic services to sexual assault survivors 13 years
old or older, if it finds that the implementation of the
proposed plan would provide (i) transfer services or (ii)
medical forensic services for sexual assault survivors in
accordance with the requirements of this Act and provide
sufficient protections from the risk of pregnancy to sexual
assault survivors. Notwithstanding anything to the contrary in
this paragraph, the Department may approve a sexual assault
transfer plan for the provision of medical forensic services
until January 1, 2022 if:
        (1) a treatment hospital with approved pediatric
    transfer has agreed, as part of an areawide treatment
    plan, to accept sexual assault survivors 13 years of age
    or older from the proposed transfer hospital, if the
    treatment hospital with approved pediatric transfer is
    geographically closer to the transfer hospital than a
    treatment hospital or another treatment hospital with
    approved pediatric transfer and such transfer is not
    unduly burdensome on the sexual assault survivor; and
        (2) a treatment hospital has agreed, as a part of an
    areawide treatment plan, to accept sexual assault
    survivors under 13 years of age from the proposed transfer
    hospital and transfer to the treatment hospital would not
    unduly burden the sexual assault survivor.
    The Department may not approve a sexual assault transfer
plan unless a treatment hospital has agreed, as a part of an
areawide treatment plan, to accept sexual assault survivors
from the proposed transfer hospital and a transfer to the
treatment hospital would not unduly burden the sexual assault
survivor.
    In counties with a population of less than 1,000,000, the
Department may not approve a sexual assault transfer plan for
a hospital located within a 20-mile radius of a 4-year public
university, not including community colleges, unless there is
a treatment hospital with a sexual assault treatment plan
approved by the Department within a 20-mile radius of the
4-year public university.
    A transfer must be in accordance with federal and State
laws and local ordinances.
    A treatment hospital with approved pediatric transfer must
submit an areawide treatment plan under Section 3 of this Act
that includes a written agreement with a treatment hospital
stating that the treatment hospital will provide medical
forensic services to pediatric sexual assault survivors
transferred from the treatment hospital with approved
pediatric transfer. The areawide treatment plan may also
include an approved pediatric health care facility.
    A transfer hospital must submit an areawide treatment plan
under Section 3 of this Act that includes a written agreement
with a treatment hospital stating that the treatment hospital
will provide medical forensic services to all sexual assault
survivors transferred from the transfer hospital. The areawide
treatment plan may also include an approved pediatric health
care facility. Notwithstanding anything to the contrary in
this paragraph, until January 1, 2022, the areawide treatment
plan may include a written agreement with a treatment hospital
with approved pediatric transfer that is geographically closer
than other hospitals providing medical forensic services to
sexual assault survivors 13 years of age or older stating that
the treatment hospital with approved pediatric transfer will
provide medical services to sexual assault survivors 13 years
of age or older who are transferred from the transfer
hospital. If the areawide treatment plan includes a written
agreement with a treatment hospital with approved pediatric
transfer, it must also include a written agreement with a
treatment hospital stating that the treatment hospital will
provide medical forensic services to sexual assault survivors
under 13 years of age who are transferred from the transfer
hospital.
    Beginning January 1, 2019, each treatment hospital and
treatment hospital with approved pediatric transfer shall
ensure that emergency department attending physicians,
physician assistants, advanced practice registered nurses, and
registered professional nurses providing clinical services,
who do not meet the definition of a qualified medical provider
in Section 1a of this Act, receive a minimum of 2 hours of
sexual assault training by July 1, 2020 or until the treatment
hospital or treatment hospital with approved pediatric
transfer certifies to the Department, in a form and manner
prescribed by the Department, that it employs or contracts
with a qualified medical provider in accordance with
subsection (a-7) of Section 5, whichever occurs first.
    After July 1, 2020 or once a treatment hospital or a
treatment hospital with approved pediatric transfer certifies
compliance with subsection (a-7) of Section 5, whichever
occurs first, each treatment hospital and treatment hospital
with approved pediatric transfer shall ensure that emergency
department attending physicians, physician assistants,
advanced practice registered nurses, and registered
professional nurses providing clinical services, who do not
meet the definition of a qualified medical provider in Section
1a of this Act, receive a minimum of 2 hours of continuing
education on responding to sexual assault survivors every 2
years. Protocols for training shall be included in the
hospital's sexual assault treatment plan.
    Sexual assault training provided under this subsection may
be provided in person or online and shall include, but not be
limited to:
        (1) information provided on the provision of medical
    forensic services;
        (2) information on the use of the Illinois Sexual
    Assault Evidence Collection Kit;
        (3) information on sexual assault epidemiology,
    neurobiology of trauma, drug-facilitated sexual assault,
    child sexual abuse, and Illinois sexual assault-related
    laws; and
        (4) information on the hospital's sexual
    assault-related policies and procedures.
    The online training made available by the Office of the
Attorney General under subsection (b) of Section 10 may be
used to comply with this subsection.
    (b) An approved pediatric health care facility may provide
medical forensic services, in accordance with rules adopted by
the Department, to all pediatric sexual assault survivors who
present for medical forensic services in relation to injuries
or trauma resulting from a sexual assault. These services
shall be provided by a qualified medical provider.
    A pediatric health care facility must participate in or
submit an areawide treatment plan under Section 3 of this Act
that includes a treatment hospital. If a pediatric health care
facility does not provide certain medical or surgical services
that are provided by hospitals, the areawide sexual assault
treatment plan must include a procedure for ensuring a sexual
assault survivor in need of such medical or surgical services
receives the services at the treatment hospital. The areawide
treatment plan may also include a treatment hospital with
approved pediatric transfer.
    The Department shall review a proposed sexual assault
treatment plan submitted by a pediatric health care facility
within 60 days after receipt of the plan. If the Department
finds that the proposed plan meets the minimum requirements
set forth in Section 5 of this Act and that implementation of
the proposed plan would provide medical forensic services for
pediatric sexual assault survivors, then the Department shall
approve the plan. If the Department does not approve a plan,
then the Department shall notify the pediatric health care
facility that the proposed plan has not been approved. The
pediatric health care facility shall have 30 days to submit a
revised plan. The Department shall review the revised plan
within 30 days after receipt of the plan and notify the
pediatric health care facility whether the revised plan is
approved or rejected. A pediatric health care facility may not
provide medical forensic services to pediatric sexual assault
survivors who present with a complaint of sexual assault
within a minimum of the last 7 days or who have disclosed past
sexual assault by a specific individual and were in the care of
that individual within a minimum of the last 7 days until the
Department has approved a treatment plan.
    If an approved pediatric health care facility is not open
24 hours a day, 7 days a week, it shall post signage at each
public entrance to its facility that:
        (1) is at least 14 inches by 14 inches in size;
        (2) directs those seeking services as follows: "If
    closed, call 911 for services or go to the closest
    hospital emergency department, (insert name) located at
    (insert address).";
        (3) lists the approved pediatric health care
    facility's hours of operation;
        (4) lists the street address of the building;
        (5) has a black background with white bold capital
    lettering in a clear and easy to read font that is at least
    72-point type, and with "call 911" in at least 125-point
    type;
        (6) is posted clearly and conspicuously on or adjacent
    to the door at each entrance and, if building materials
    allow, is posted internally for viewing through glass; if
    posted externally, the sign shall be made of
    weather-resistant and theft-resistant materials,
    non-removable, and adhered permanently to the building;
    and
        (7) has lighting that is part of the sign itself or is
    lit with a dedicated light that fully illuminates the
    sign.
    A copy of the proposed sign must be submitted to the
Department and approved as part of the approved pediatric
health care facility's sexual assault treatment plan.
    (c) Each treatment hospital, treatment hospital with
approved pediatric transfer, and approved pediatric health
care facility must enter into a memorandum of understanding
with a rape crisis center for medical advocacy services, if
these services are available to the treatment hospital,
treatment hospital with approved pediatric transfer, or
approved pediatric health care facility. With the consent of
the sexual assault survivor, a rape crisis counselor shall
remain in the exam room during the collection for forensic
evidence.
    (d) Every treatment hospital, treatment hospital with
approved pediatric transfer, and approved pediatric health
care facility's sexual assault treatment plan shall include
procedures for complying with mandatory reporting requirements
pursuant to (1) the Abused and Neglected Child Reporting Act;
(2) the Abused and Neglected Long Term Care Facility Residents
Reporting Act; (3) the Adult Protective Services Act; and (iv)
the Criminal Identification Act.
    (e) Each treatment hospital, treatment hospital with
approved pediatric transfer, and approved pediatric health
care facility shall submit to the Department every 6 months,
in a manner prescribed by the Department, the following
information:
        (1) The total number of patients who presented with a
    complaint of sexual assault.
        (2) The total number of Illinois Sexual Assault
    Evidence Collection Kits:
            (A) offered to (i) all sexual assault survivors
        and (ii) pediatric sexual assault survivors pursuant
        to paragraph (1.5) of subsection (a-5) of Section 5;
            (B) completed for (i) all sexual assault survivors
        and (ii) pediatric sexual assault survivors; and
            (C) declined by (i) all sexual assault survivors
        and (ii) pediatric sexual assault survivors.
    This information shall be made available on the
Department's website.
    (f) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-73, eff. 7-12-19;
101-634, eff. 6-5-20.)
 
    (410 ILCS 70/2-1)
    (Section scheduled to be repealed on June 30, 2021)
    Sec. 2-1. Hospital, approved pediatric health care
facility, and approved federally qualified health center
requirements for sexual assault plans.
    (a) Every hospital required to be licensed by the
Department pursuant to the Hospital Licensing Act, or operated
under the University of Illinois Hospital Act that provides
general medical and surgical hospital services shall provide
either (i) transfer services to all sexual assault survivors,
(ii) medical forensic services to all sexual assault
survivors, or (iii) transfer services to pediatric sexual
assault survivors and medical forensic services to sexual
assault survivors 13 years old or older, in accordance with
rules adopted by the Department.
    In addition, every such hospital, regardless of whether or
not a request is made for reimbursement, shall submit to the
Department a plan to provide either (i) transfer services to
all sexual assault survivors, (ii) medical forensic services
to all sexual assault survivors, or (iii) transfer services to
pediatric sexual assault survivors and medical forensic
services to sexual assault survivors 13 years old or older.
The Department shall approve such plan for either (i) transfer
services to all sexual assault survivors, (ii) medical
forensic services to all sexual assault survivors, or (iii)
transfer services to pediatric sexual assault survivors and
medical forensic services to sexual assault survivors 13 years
old or older, if it finds that the implementation of the
proposed plan would provide (i) transfer services or (ii)
medical forensic services for sexual assault survivors in
accordance with the requirements of this Act and provide
sufficient protections from the risk of pregnancy to sexual
assault survivors. Notwithstanding anything to the contrary in
this paragraph, the Department may approve a sexual assault
transfer plan for the provision of medical forensic services
until January 1, 2022 if:
        (1) a treatment hospital with approved pediatric
    transfer has agreed, as part of an areawide treatment
    plan, to accept sexual assault survivors 13 years of age
    or older from the proposed transfer hospital, if the
    treatment hospital with approved pediatric transfer is
    geographically closer to the transfer hospital than a
    treatment hospital or another treatment hospital with
    approved pediatric transfer and such transfer is not
    unduly burdensome on the sexual assault survivor; and
        (2) a treatment hospital has agreed, as a part of an
    areawide treatment plan, to accept sexual assault
    survivors under 13 years of age from the proposed transfer
    hospital and transfer to the treatment hospital would not
    unduly burden the sexual assault survivor.
    The Department may not approve a sexual assault transfer
plan unless a treatment hospital has agreed, as a part of an
areawide treatment plan, to accept sexual assault survivors
from the proposed transfer hospital and a transfer to the
treatment hospital would not unduly burden the sexual assault
survivor.
    In counties with a population of less than 1,000,000, the
Department may not approve a sexual assault transfer plan for
a hospital located within a 20-mile radius of a 4-year public
university, not including community colleges, unless there is
a treatment hospital with a sexual assault treatment plan
approved by the Department within a 20-mile radius of the
4-year public university.
    A transfer must be in accordance with federal and State
laws and local ordinances.
    A treatment hospital with approved pediatric transfer must
submit an areawide treatment plan under Section 3-1 of this
Act that includes a written agreement with a treatment
hospital stating that the treatment hospital will provide
medical forensic services to pediatric sexual assault
survivors transferred from the treatment hospital with
approved pediatric transfer. The areawide treatment plan may
also include an approved pediatric health care facility.
    A transfer hospital must submit an areawide treatment plan
under Section 3-1 of this Act that includes a written
agreement with a treatment hospital stating that the treatment
hospital will provide medical forensic services to all sexual
assault survivors transferred from the transfer hospital. The
areawide treatment plan may also include an approved pediatric
health care facility. Notwithstanding anything to the contrary
in this paragraph, until January 1, 2022, the areawide
treatment plan may include a written agreement with a
treatment hospital with approved pediatric transfer that is
geographically closer than other hospitals providing medical
forensic services to sexual assault survivors 13 years of age
or older stating that the treatment hospital with approved
pediatric transfer will provide medical services to sexual
assault survivors 13 years of age or older who are transferred
from the transfer hospital. If the areawide treatment plan
includes a written agreement with a treatment hospital with
approved pediatric transfer, it must also include a written
agreement with a treatment hospital stating that the treatment
hospital will provide medical forensic services to sexual
assault survivors under 13 years of age who are transferred
from the transfer hospital.
    Beginning January 1, 2019, each treatment hospital and
treatment hospital with approved pediatric transfer shall
ensure that emergency department attending physicians,
physician assistants, advanced practice registered nurses, and
registered professional nurses providing clinical services,
who do not meet the definition of a qualified medical provider
in Section 1a-1 of this Act, receive a minimum of 2 hours of
sexual assault training by July 1, 2020 or until the treatment
hospital or treatment hospital with approved pediatric
transfer certifies to the Department, in a form and manner
prescribed by the Department, that it employs or contracts
with a qualified medical provider in accordance with
subsection (a-7) of Section 5-1, whichever occurs first.
    After July 1, 2020 or once a treatment hospital or a
treatment hospital with approved pediatric transfer certifies
compliance with subsection (a-7) of Section 5-1, whichever
occurs first, each treatment hospital and treatment hospital
with approved pediatric transfer shall ensure that emergency
department attending physicians, physician assistants,
advanced practice registered nurses, and registered
professional nurses providing clinical services, who do not
meet the definition of a qualified medical provider in Section
1a-1 of this Act, receive a minimum of 2 hours of continuing
education on responding to sexual assault survivors every 2
years. Protocols for training shall be included in the
hospital's sexual assault treatment plan.
    Sexual assault training provided under this subsection may
be provided in person or online and shall include, but not be
limited to:
        (1) information provided on the provision of medical
    forensic services;
        (2) information on the use of the Illinois Sexual
    Assault Evidence Collection Kit;
        (3) information on sexual assault epidemiology,
    neurobiology of trauma, drug-facilitated sexual assault,
    child sexual abuse, and Illinois sexual assault-related
    laws; and
        (4) information on the hospital's sexual
    assault-related policies and procedures.
    The online training made available by the Office of the
Attorney General under subsection (b) of Section 10-1 may be
used to comply with this subsection.
    (b) An approved pediatric health care facility may provide
medical forensic services, in accordance with rules adopted by
the Department, to all pediatric sexual assault survivors who
present for medical forensic services in relation to injuries
or trauma resulting from a sexual assault. These services
shall be provided by a qualified medical provider.
    A pediatric health care facility must participate in or
submit an areawide treatment plan under Section 3-1 of this
Act that includes a treatment hospital. If a pediatric health
care facility does not provide certain medical or surgical
services that are provided by hospitals, the areawide sexual
assault treatment plan must include a procedure for ensuring a
sexual assault survivor in need of such medical or surgical
services receives the services at the treatment hospital. The
areawide treatment plan may also include a treatment hospital
with approved pediatric transfer.
    The Department shall review a proposed sexual assault
treatment plan submitted by a pediatric health care facility
within 60 days after receipt of the plan. If the Department
finds that the proposed plan meets the minimum requirements
set forth in Section 5-1 of this Act and that implementation of
the proposed plan would provide medical forensic services for
pediatric sexual assault survivors, then the Department shall
approve the plan. If the Department does not approve a plan,
then the Department shall notify the pediatric health care
facility that the proposed plan has not been approved. The
pediatric health care facility shall have 30 days to submit a
revised plan. The Department shall review the revised plan
within 30 days after receipt of the plan and notify the
pediatric health care facility whether the revised plan is
approved or rejected. A pediatric health care facility may not
provide medical forensic services to pediatric sexual assault
survivors who present with a complaint of sexual assault
within a minimum of the last 7 days or who have disclosed past
sexual assault by a specific individual and were in the care of
that individual within a minimum of the last 7 days until the
Department has approved a treatment plan.
    If an approved pediatric health care facility is not open
24 hours a day, 7 days a week, it shall post signage at each
public entrance to its facility that:
        (1) is at least 14 inches by 14 inches in size;
        (2) directs those seeking services as follows: "If
    closed, call 911 for services or go to the closest
    hospital emergency department, (insert name) located at
    (insert address).";
        (3) lists the approved pediatric health care
    facility's hours of operation;
        (4) lists the street address of the building;
        (5) has a black background with white bold capital
    lettering in a clear and easy to read font that is at least
    72-point type, and with "call 911" in at least 125-point
    type;
        (6) is posted clearly and conspicuously on or adjacent
    to the door at each entrance and, if building materials
    allow, is posted internally for viewing through glass; if
    posted externally, the sign shall be made of
    weather-resistant and theft-resistant materials,
    non-removable, and adhered permanently to the building;
    and
        (7) has lighting that is part of the sign itself or is
    lit with a dedicated light that fully illuminates the
    sign.
    (b-5) An approved federally qualified health center may
provide medical forensic services, in accordance with rules
adopted by the Department, to all sexual assault survivors 13
years old or older who present for medical forensic services
in relation to injuries or trauma resulting from a sexual
assault during the duration, and 90 days thereafter, of a
proclamation issued by the Governor declaring a disaster, or a
successive proclamation regarding the same disaster, in all
102 counties due to a public health emergency. These services
shall be provided by (i) a qualified medical provider,
physician, physician assistant, or advanced practice
registered nurse who has received a minimum of 10 hours of
sexual assault training provided by a qualified medical
provider on current Illinois legislation, how to properly
perform a medical forensic examination, evidence collection,
drug and alcohol facilitated sexual assault, and forensic
photography and has all documentation and photos peer reviewed
by a qualified medical provider or (ii) until the federally
qualified health care center certifies to the Department, in a
form and manner prescribed by the Department, that it employs
or contracts with a qualified medical provider in accordance
with subsection (a-7) of Section 5-1, whichever occurs first.
    A federally qualified health center must participate in or
submit an areawide treatment plan under Section 3-1 of this
Act that includes a treatment hospital. If a federally
qualified health center does not provide certain medical or
surgical services that are provided by hospitals, the areawide
sexual assault treatment plan must include a procedure for
ensuring a sexual assault survivor in need of such medical or
surgical services receives the services at the treatment
hospital. The areawide treatment plan may also include a
treatment hospital with approved pediatric transfer or an
approved pediatric health care facility.
    The Department shall review a proposed sexual assault
treatment plan submitted by a federally qualified health
center within 14 days after receipt of the plan. If the
Department finds that the proposed plan meets the minimum
requirements set forth in Section 5-1 and that implementation
of the proposed plan would provide medical forensic services
for sexual assault survivors 13 years old or older, then the
Department shall approve the plan. If the Department does not
approve a plan, then the Department shall notify the federally
qualified health center that the proposed plan has not been
approved. The federally qualified health center shall have 14
days to submit a revised plan. The Department shall review the
revised plan within 14 days after receipt of the plan and
notify the federally qualified health center whether the
revised plan is approved or rejected. A federally qualified
health center may not (i) provide medical forensic services to
sexual assault survivors 13 years old or older who present
with a complaint of sexual assault within a minimum of the
previous 7 days or (ii) who have disclosed past sexual assault
by a specific individual and were in the care of that
individual within a minimum of the previous 7 days until the
Department has approved a treatment plan.
    If an approved federally qualified health center is not
open 24 hours a day, 7 days a week, it shall post signage at
each public entrance to its facility that:
        (1) is at least 14 inches by 14 inches in size;
        (2) directs those seeking services as follows: "If
    closed, call 911 for services or go to the closest
    hospital emergency department, (insert name) located at
    (insert address).";
        (3) lists the approved federally qualified health
    center's hours of operation;
        (4) lists the street address of the building;
        (5) has a black background with white bold capital
    lettering in a clear and easy to read font that is at least
    72-point type, and with "call 911" in at least 125-point
    type;
        (6) is posted clearly and conspicuously on or adjacent
    to the door at each entrance and, if building materials
    allow, is posted internally for viewing through glass; if
    posted externally, the sign shall be made of
    weather-resistant and theft-resistant materials,
    non-removable, and adhered permanently to the building;
    and
        (7) has lighting that is part of the sign itself or is
    lit with a dedicated light that fully illuminates the
    sign.
    A copy of the proposed sign must be submitted to the
Department and approved as part of the approved federally
qualified health center's sexual assault treatment plan.
    (c) Each treatment hospital, treatment hospital with
approved pediatric transfer, approved pediatric health care
facility, and approved federally qualified health center must
enter into a memorandum of understanding with a rape crisis
center for medical advocacy services, if these services are
available to the treatment hospital, treatment hospital with
approved pediatric transfer, approved pediatric health care
facility, or approved federally qualified health center. With
the consent of the sexual assault survivor, a rape crisis
counselor shall remain in the exam room during the collection
for forensic evidence.
    (d) Every treatment hospital, treatment hospital with
approved pediatric transfer, approved pediatric health care
facility, and approved federally qualified health center's
sexual assault treatment plan shall include procedures for
complying with mandatory reporting requirements pursuant to
(1) the Abused and Neglected Child Reporting Act; (2) the
Abused and Neglected Long Term Care Facility Residents
Reporting Act; (3) the Adult Protective Services Act; and (iv)
the Criminal Identification Act.
    (e) Each treatment hospital, treatment hospital with
approved pediatric transfer, approved pediatric health care
facility, and approved federally qualified health center shall
submit to the Department every 6 months, in a manner
prescribed by the Department, the following information:
        (1) The total number of patients who presented with a
    complaint of sexual assault.
        (2) The total number of Illinois Sexual Assault
    Evidence Collection Kits:
            (A) offered to (i) all sexual assault survivors
        and (ii) pediatric sexual assault survivors pursuant
        to paragraph (1.5) of subsection (a-5) of Section 5-1;
            (B) completed for (i) all sexual assault survivors
        and (ii) pediatric sexual assault survivors; and
            (C) declined by (i) all sexual assault survivors
        and (ii) pediatric sexual assault survivors.
    This information shall be made available on the
Department's website.
    (f) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/2.05)
    Sec. 2.05. Department requirements.
    (a) The Department shall periodically conduct on-site
reviews of approved sexual assault treatment plans with
hospital and approved pediatric health care facility personnel
to ensure that the established procedures are being followed.
Department personnel conducting the on-site reviews shall
attend 4 hours of sexual assault training conducted by a
qualified medical provider that includes, but is not limited
to, forensic evidence collection provided to sexual assault
survivors of any age and Illinois sexual assault-related laws
and administrative rules.
    (b) On July 1, 2019 and each July 1 thereafter, the
Department shall submit a report to the General Assembly
containing information on the hospitals and pediatric health
care facilities in this State that have submitted a plan to
provide: (i) transfer services to all sexual assault
survivors, (ii) medical forensic services to all sexual
assault survivors, (iii) transfer services to pediatric sexual
assault survivors and medical forensic services to sexual
assault survivors 13 years old or older, or (iv) medical
forensic services to pediatric sexual assault survivors. The
Department shall post the report on its Internet website on or
before October 1, 2019 and, except as otherwise provided in
this Section, update the report every quarter thereafter. The
report shall include all of the following:
        (1) Each hospital and pediatric care facility that has
    submitted a plan, including the submission date of the
    plan, type of plan submitted, and the date the plan was
    approved or denied. If a pediatric health care facility
    withdraws its plan, the Department shall immediately
    update the report on its Internet website to remove the
    pediatric health care facility's name and information.
        (2) Each hospital that has failed to submit a plan as
    required in subsection (a) of Section 2.
        (3) Each hospital and approved pediatric care facility
    that has to submit an acceptable Plan of Correction within
    the time required by Section 2.1, including the date the
    Plan of Correction was required to be submitted. Once a
    hospital or approved pediatric health care facility
    submits and implements the required Plan of Correction,
    the Department shall immediately update the report on its
    Internet website to reflect that hospital or approved
    pediatric health care facility's compliance.
        (4) Each hospital and approved pediatric care facility
    at which the periodic on-site review required by Section
    2.05 of this Act has been conducted, including the date of
    the on-site review and whether the hospital or approved
    pediatric care facility was found to be in compliance with
    its approved plan.
        (5) Each areawide treatment plan submitted to the
    Department pursuant to Section 3 of this Act, including
    which treatment hospitals, treatment hospitals with
    approved pediatric transfer, transfer hospitals and
    approved pediatric health care facilities are identified
    in each areawide treatment plan.
    (c) The Department, in consultation with the Office of the
Attorney General, shall adopt administrative rules by January
1, 2020 establishing a process for physicians and physician
assistants to provide documentation of training and clinical
experience that meets or is substantially similar to the
Sexual Assault Nurse Examiner Education Guidelines established
by the International Association of Forensic Nurses in order
to qualify as a sexual assault forensic examiner.
    (d) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/2.05-1)
    (Section scheduled to be repealed on June 30, 2021)
    Sec. 2.05-1. Department requirements.
    (a) The Department shall periodically conduct on-site
reviews of approved sexual assault treatment plans with
hospital, approved pediatric health care facility, and
approved federally qualified health care personnel to ensure
that the established procedures are being followed. Department
personnel conducting the on-site reviews shall attend 4 hours
of sexual assault training conducted by a qualified medical
provider that includes, but is not limited to, forensic
evidence collection provided to sexual assault survivors of
any age and Illinois sexual assault-related laws and
administrative rules.
    (b) On July 1, 2019 and each July 1 thereafter, the
Department shall submit a report to the General Assembly
containing information on the hospitals, pediatric health care
facilities, and federally qualified health centers in this
State that have submitted a plan to provide: (i) transfer
services to all sexual assault survivors, (ii) medical
forensic services to all sexual assault survivors, (iii)
transfer services to pediatric sexual assault survivors and
medical forensic services to sexual assault survivors 13 years
old or older, or (iv) medical forensic services to pediatric
sexual assault survivors. The Department shall post the report
on its Internet website on or before October 1, 2019 and,
except as otherwise provided in this Section, update the
report every quarter thereafter. The report shall include all
of the following:
        (1) Each hospital, pediatric care facility, and
    federally qualified health center that has submitted a
    plan, including the submission date of the plan, type of
    plan submitted, and the date the plan was approved or
    denied. If a pediatric health care facility withdraws its
    plan, the Department shall immediately update the report
    on its Internet website to remove the pediatric health
    care facility's name and information.
        (2) Each hospital that has failed to submit a plan as
    required in subsection (a) of Section 2-1.
        (3) Each hospital, approved pediatric care facility,
    and federally qualified health center that has to submit
    an acceptable Plan of Correction within the time required
    by Section 2.1-1, including the date the Plan of
    Correction was required to be submitted. Once a hospital,
    approved pediatric health care facility, or approved
    federally qualified health center submits and implements
    the required Plan of Correction, the Department shall
    immediately update the report on its Internet website to
    reflect that hospital, approved pediatric health care
    facility, or federally qualified health center's
    compliance.
        (4) Each hospital, approved pediatric care facility,
    and federally qualified health center at which the
    periodic on-site review required by Section 2.05-1 of this
    Act has been conducted, including the date of the on-site
    review and whether the hospital, approved pediatric care
    facility, and federally qualified health center was found
    to be in compliance with its approved plan.
        (5) Each areawide treatment plan submitted to the
    Department pursuant to Section 3-1 of this Act, including
    which treatment hospitals, treatment hospitals with
    approved pediatric transfer, transfer hospitals, approved
    pediatric health care facilities, and approved federally
    qualified health centers are identified in each areawide
    treatment plan.
        (6) During the duration, and 90 days thereafter, of a
    proclamation issued by the Governor declaring a disaster,
    or a successive proclamation regarding the same disaster,
    in all 102 counties due to a public health emergency, the
    Department shall immediately update the report on its
    website to reflect each federally qualified health center
    that has submitted a plan, including the submission date
    of the plan, type of plan submitted, and the date the plan
    was approved.
    (c) The Department, in consultation with the Office of the
Attorney General, shall adopt administrative rules by January
1, 2020 establishing a process for physicians and physician
assistants to provide documentation of training and clinical
experience that meets or is substantially similar to the
Sexual Assault Nurse Examiner Education Guidelines established
by the International Association of Forensic Nurses in order
to qualify as a sexual assault forensic examiner.
    (d) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/2.06)
    Sec. 2.06. Consent to jurisdiction.
    (a) A pediatric health care facility that submits a plan
to the Department for approval under Section 2 or an
out-of-state hospital that submits an areawide treatment plan
in accordance with subsection (b) of Section 5.4 consents to
the jurisdiction and oversight of the Department, including,
but not limited to, inspections, investigations, and
evaluations arising out of complaints relevant to this Act
made to the Department. A pediatric health care facility that
submits a plan to the Department for approval under Section 2
or an out-of-state hospital that submits an areawide treatment
plan in accordance with subsection (b) of Section 5.4 shall be
deemed to have given consent to annual inspections, surveys,
or evaluations relevant to this Act by properly identified
personnel of the Department or by such other properly
identified persons, including local health department staff,
as the Department may designate. In addition, representatives
of the Department shall have access to and may reproduce or
photocopy any books, records, and other documents maintained
by the pediatric health care facility or the facility's
representatives or the out-of-state hospital or the
out-of-state hospital's representative to the extent necessary
to carry out this Act. No representative, agent, or person
acting on behalf of the pediatric health care facility or
out-of-state hospital in any manner shall intentionally
prevent, interfere with, or attempt to impede in any way any
duly authorized investigation and enforcement of this Act. The
Department shall have the power to adopt rules to carry out the
purpose of regulating a pediatric health care facility or
out-of-state hospital. In carrying out oversight of a
pediatric health care facility or an out-of-state hospital,
the Department shall respect the confidentiality of all
patient records, including by complying with the patient
record confidentiality requirements set out in Section 6.14b
of the Hospital Licensing Act.
    (b) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/2.06-1)
    (Section scheduled to be repealed on June 30, 2021)
    Sec. 2.06-1. Consent to jurisdiction.
    (a) A pediatric health care facility or federally
qualified health center that submits a plan to the Department
for approval under Section 2-1 or an out-of-state hospital
that submits an areawide treatment plan in accordance with
subsection (b) of Section 5.4 consents to the jurisdiction and
oversight of the Department, including, but not limited to,
inspections, investigations, and evaluations arising out of
complaints relevant to this Act made to the Department. A
pediatric health care facility or federally qualified health
center that submits a plan to the Department for approval
under Section 2-1 or an out-of-state hospital that submits an
areawide treatment plan in accordance with subsection (b) of
Section 5.4 shall be deemed to have given consent to annual
inspections, surveys, or evaluations relevant to this Act by
properly identified personnel of the Department or by such
other properly identified persons, including local health
department staff, as the Department may designate. In
addition, representatives of the Department shall have access
to and may reproduce or photocopy any books, records, and
other documents maintained by the pediatric health care
facility or the facility's representatives or the out-of-state
hospital or the out-of-state hospital's representative to the
extent necessary to carry out this Act. No representative,
agent, or person acting on behalf of the pediatric health care
facility, federally qualified health center, or out-of-state
hospital in any manner shall intentionally prevent, interfere
with, or attempt to impede in any way any duly authorized
investigation and enforcement of this Act. The Department
shall have the power to adopt rules to carry out the purpose of
regulating a pediatric health care facility or out-of-state
hospital. In carrying out oversight of a pediatric health care
facility, federally qualified health center, or an
out-of-state hospital, the Department shall respect the
confidentiality of all patient records, including by complying
with the patient record confidentiality requirements set out
in Section 6.14b of the Hospital Licensing Act.
    (b) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/2.1)  (from Ch. 111 1/2, par. 87-2.1)
    Sec. 2.1. Plan of correction; penalties.
    (a) If the Department surveyor determines that the
hospital or approved pediatric health care facility is not in
compliance with its approved plan, the surveyor shall provide
the hospital or approved pediatric health care facility with a
written list of the specific items of noncompliance within 10
working days after the conclusion of the on-site review. The
hospital shall have 10 working days to submit to the
Department a plan of correction which contains the hospital's
or approved pediatric health care facility's specific
proposals for correcting the items of noncompliance. The
Department shall review the plan of correction and notify the
hospital in writing within 10 working days as to whether the
plan is acceptable or unacceptable.
    If the Department finds the Plan of Correction
unacceptable, the hospital or approved pediatric health care
facility shall have 10 working days to resubmit an acceptable
Plan of Correction. Upon notification that its Plan of
Correction is acceptable, a hospital or approved pediatric
health care facility shall implement the Plan of Correction
within 60 days.
    (b) The failure of a hospital to submit an acceptable Plan
of Correction or to implement the Plan of Correction, within
the time frames required in this Section, will subject a
hospital to the imposition of a fine by the Department. The
Department may impose a fine of up to $500 per day until a
hospital complies with the requirements of this Section.
    If an approved pediatric health care facility fails to
submit an acceptable Plan of Correction or to implement the
Plan of Correction within the time frames required in this
Section, then the Department shall notify the approved
pediatric health care facility that the approved pediatric
health care facility may not provide medical forensic services
under this Act. The Department may impose a fine of up to $500
per patient provided services in violation of this Act.
    (c) Before imposing a fine pursuant to this Section, the
Department shall provide the hospital or approved pediatric
health care facility via certified mail with written notice
and an opportunity for an administrative hearing. Such hearing
must be requested within 10 working days after receipt of the
Department's Notice. All hearings shall be conducted in
accordance with the Department's rules in administrative
hearings.
    (d) This Section is effective on and after January 1, 2022
July 1, 2031.
(Source: P.A. 100-775, eff. 1-1-19; 101-81, eff. 7-12-19;
101-634, eff. 6-5-20.)
 
    (410 ILCS 70/2.1-1)
    (Section scheduled to be repealed on June 30, 2021)
    Sec. 2.1-1. Plan of correction; penalties.
    (a) If the Department surveyor determines that the
hospital, approved pediatric health care facility, or approved
federally qualified health center is not in compliance with
its approved plan, the surveyor shall provide the hospital,
approved pediatric health care facility, or approved federally
qualified health center with a written list of the specific
items of noncompliance within 10 working days after the
conclusion of the on-site review. The hospital, approved
pediatric health care facility, or approved federally
qualified health center shall have 10 working days to submit
to the Department a plan of correction which contains the
hospital's, approved pediatric health care facility's, or
approved federally qualified health center's specific
proposals for correcting the items of noncompliance. The
Department shall review the plan of correction and notify the
hospital, approved pediatric health care facility, or approved
federally qualified health center in writing within 10 working
days as to whether the plan is acceptable or unacceptable.
    If the Department finds the Plan of Correction
unacceptable, the hospital, approved pediatric health care
facility, or approved federally qualified health center shall
have 10 working days to resubmit an acceptable Plan of
Correction. Upon notification that its Plan of Correction is
acceptable, a hospital, approved pediatric health care
facility, or approved federally qualified health center shall
implement the Plan of Correction within 60 days.
    (b) The failure of a hospital to submit an acceptable Plan
of Correction or to implement the Plan of Correction, within
the time frames required in this Section, will subject a
hospital to the imposition of a fine by the Department. The
Department may impose a fine of up to $500 per day until a
hospital complies with the requirements of this Section.
    If an approved pediatric health care facility or approved
federally qualified health center fails to submit an
acceptable Plan of Correction or to implement the Plan of
Correction within the time frames required in this Section,
then the Department shall notify the approved pediatric health
care facility or approved federally qualified health center
that the approved pediatric health care facility or approved
federally qualified health center may not provide medical
forensic services under this Act. The Department may impose a
fine of up to $500 per patient provided services in violation
of this Act.
    (c) Before imposing a fine pursuant to this Section, the
Department shall provide the hospital, or approved pediatric
health care facility, or approved federally qualified health
center via certified mail with written notice and an
opportunity for an administrative hearing. Such hearing must
be requested within 10 working days after receipt of the
Department's Notice. All hearings shall be conducted in
accordance with the Department's rules in administrative
hearings.
    (d) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/2.2)
    Sec. 2.2. Emergency contraception.
    (a) The General Assembly finds:
        (1) Crimes of sexual assault and sexual abuse cause
    significant physical, emotional, and psychological trauma
    to the victims. This trauma is compounded by a victim's
    fear of becoming pregnant and bearing a child as a result
    of the sexual assault.
        (2) Each year over 32,000 women become pregnant in the
    United States as the result of rape and approximately 50%
    of these pregnancies end in abortion.
        (3) As approved for use by the Federal Food and Drug
    Administration (FDA), emergency contraception can
    significantly reduce the risk of pregnancy if taken within
    72 hours after the sexual assault.
        (4) By providing emergency contraception to rape
    victims in a timely manner, the trauma of rape can be
    significantly reduced.
    (b) Every hospital or approved pediatric health care
facility providing services to sexual assault survivors in
accordance with a plan approved under Section 2 must develop a
protocol that ensures that each survivor of sexual assault
will receive medically and factually accurate and written and
oral information about emergency contraception; the
indications and contraindications and risks associated with
the use of emergency contraception; and a description of how
and when victims may be provided emergency contraception at no
cost upon the written order of a physician licensed to
practice medicine in all its branches, a licensed advanced
practice registered nurse, or a licensed physician assistant.
The Department shall approve the protocol if it finds that the
implementation of the protocol would provide sufficient
protection for survivors of sexual assault.
    The hospital or approved pediatric health care facility
shall implement the protocol upon approval by the Department.
The Department shall adopt rules and regulations establishing
one or more safe harbor protocols and setting minimum
acceptable protocol standards that hospitals may develop and
implement. The Department shall approve any protocol that
meets those standards. The Department may provide a sample
acceptable protocol upon request.
    (c) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19;
101-634, eff. 6-5-20.)
 
    (410 ILCS 70/2.2-1)
    (Section scheduled to be repealed on June 30, 2021)
    Sec. 2.2-1. Emergency contraception.
    (a) The General Assembly finds:
        (1) Crimes of sexual assault and sexual abuse cause
    significant physical, emotional, and psychological trauma
    to the victims. This trauma is compounded by a victim's
    fear of becoming pregnant and bearing a child as a result
    of the sexual assault.
        (2) Each year over 32,000 women become pregnant in the
    United States as the result of rape and approximately 50%
    of these pregnancies end in abortion.
        (3) As approved for use by the Federal Food and Drug
    Administration (FDA), emergency contraception can
    significantly reduce the risk of pregnancy if taken within
    72 hours after the sexual assault.
        (4) By providing emergency contraception to rape
    victims in a timely manner, the trauma of rape can be
    significantly reduced.
    (b) Every hospital, approved pediatric health care
facility, or approved federally qualified health center
providing services to sexual assault survivors in accordance
with a plan approved under Section 2-1 must develop a protocol
that ensures that each survivor of sexual assault will receive
medically and factually accurate and written and oral
information about emergency contraception; the indications and
contraindications and risks associated with the use of
emergency contraception; and a description of how and when
victims may be provided emergency contraception at no cost
upon the written order of a physician licensed to practice
medicine in all its branches, a licensed advanced practice
registered nurse, or a licensed physician assistant. The
Department shall approve the protocol if it finds that the
implementation of the protocol would provide sufficient
protection for survivors of sexual assault.
    The hospital, approved pediatric health care facility, or
approved federally qualified health center shall implement the
protocol upon approval by the Department. The Department shall
adopt rules and regulations establishing one or more safe
harbor protocols and setting minimum acceptable protocol
standards that hospitals may develop and implement. The
Department shall approve any protocol that meets those
standards. The Department may provide a sample acceptable
protocol upon request.
    (c) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/3)  (from Ch. 111 1/2, par. 87-3)
    Sec. 3. Areawide sexual assault treatment plans;
submission.
    (a) Hospitals and approved pediatric health care
facilities in the area to be served may develop and
participate in areawide plans that shall describe the medical
forensic services to sexual assault survivors that each
participating hospital and approved pediatric health care
facility has agreed to make available. Each hospital and
approved pediatric health care facility participating in such
a plan shall provide such services as it is designated to
provide in the plan agreed upon by the participants. An
areawide plan may include treatment hospitals, treatment
hospitals with approved pediatric transfer, transfer
hospitals, approved pediatric health care facilities, or
out-of-state hospitals as provided in Section 5.4. All
areawide plans shall be submitted to the Department for
approval, prior to becoming effective. The Department shall
approve a proposed plan if it finds that the minimum
requirements set forth in Section 5 and implementation of the
plan would provide for appropriate medical forensic services
for the people of the area to be served.
    (b) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/3-1)
    (Section scheduled to be repealed on June 30, 2021)
    Sec. 3-1. Areawide sexual assault treatment plans;
submission.
    (a) Hospitals, approved pediatric health care facilities,
and approved federally qualified health centers in the area to
be served may develop and participate in areawide plans that
shall describe the medical forensic services to sexual assault
survivors that each participating hospital, approved pediatric
health care facility, and approved federally qualified health
centers has agreed to make available. Each hospital, approved
pediatric health care facility, and approved federally
qualified health center participating in such a plan shall
provide such services as it is designated to provide in the
plan agreed upon by the participants. An areawide plan may
include treatment hospitals, treatment hospitals with approved
pediatric transfer, transfer hospitals, approved pediatric
health care facilities, approved federally qualified health
centers, or out-of-state hospitals as provided in Section 5.4.
All areawide plans shall be submitted to the Department for
approval, prior to becoming effective. The Department shall
approve a proposed plan if it finds that the minimum
requirements set forth in Section 5-1 and implementation of
the plan would provide for appropriate medical forensic
services for the people of the area to be served.
    (b) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/5)  (from Ch. 111 1/2, par. 87-5)
    Sec. 5. Minimum requirements for medical forensic services
provided to sexual assault survivors by hospitals and approved
pediatric health care facilities.
    (a) Every hospital and approved pediatric health care
facility providing medical forensic services to sexual assault
survivors under this Act shall, as minimum requirements for
such services, provide, with the consent of the sexual assault
survivor, and as ordered by the attending physician, an
advanced practice registered nurse, or a physician assistant,
the services set forth in subsection (a-5).
    Beginning January 1, 2023 2022, a qualified medical
provider must provide the services set forth in subsection
(a-5).
    (a-5) A treatment hospital, a treatment hospital with
approved pediatric transfer, or an approved pediatric health
care facility shall provide the following services in
accordance with subsection (a):
        (1) Appropriate medical forensic services without
    delay, in a private, age-appropriate or
    developmentally-appropriate space, required to ensure the
    health, safety, and welfare of a sexual assault survivor
    and which may be used as evidence in a criminal proceeding
    against a person accused of the sexual assault, in a
    proceeding under the Juvenile Court Act of 1987, or in an
    investigation under the Abused and Neglected Child
    Reporting Act.
        Records of medical forensic services, including
    results of examinations and tests, the Illinois State
    Police Medical Forensic Documentation Forms, the Illinois
    State Police Patient Discharge Materials, and the Illinois
    State Police Patient Consent: Collect and Test Evidence or
    Collect and Hold Evidence Form, shall be maintained by the
    hospital or approved pediatric health care facility as
    part of the patient's electronic medical record.
        Records of medical forensic services of sexual assault
    survivors under the age of 18 shall be retained by the
    hospital for a period of 60 years after the sexual assault
    survivor reaches the age of 18. Records of medical
    forensic services of sexual assault survivors 18 years of
    age or older shall be retained by the hospital for a period
    of 20 years after the date the record was created.
        Records of medical forensic services may only be
    disseminated in accordance with Section 6.5 of this Act
    and other State and federal law.
        (1.5) An offer to complete the Illinois Sexual Assault
    Evidence Collection Kit for any sexual assault survivor
    who presents within a minimum of the last 7 days of the
    assault or who has disclosed past sexual assault by a
    specific individual and was in the care of that individual
    within a minimum of the last 7 days.
            (A) Appropriate oral and written information
        concerning evidence-based guidelines for the
        appropriateness of evidence collection depending on
        the sexual development of the sexual assault survivor,
        the type of sexual assault, and the timing of the
        sexual assault shall be provided to the sexual assault
        survivor. Evidence collection is encouraged for
        prepubescent sexual assault survivors who present to a
        hospital or approved pediatric health care facility
        with a complaint of sexual assault within a minimum of
        96 hours after the sexual assault.
            Before January 1, 2023 2022, the information
        required under this subparagraph shall be provided in
        person by the health care professional providing
        medical forensic services directly to the sexual
        assault survivor.
            On and after January 1, 2023 2022, the information
        required under this subparagraph shall be provided in
        person by the qualified medical provider providing
        medical forensic services directly to the sexual
        assault survivor.
            The written information provided shall be the
        information created in accordance with Section 10 of
        this Act.
            (B) Following the discussion regarding the
        evidence-based guidelines for evidence collection in
        accordance with subparagraph (A), evidence collection
        must be completed at the sexual assault survivor's
        request. A sexual assault nurse examiner conducting an
        examination using the Illinois State Police Sexual
        Assault Evidence Collection Kit may do so without the
        presence or participation of a physician.
        (2) Appropriate oral and written information
    concerning the possibility of infection, sexually
    transmitted infection, including an evaluation of the
    sexual assault survivor's risk of contracting human
    immunodeficiency virus (HIV) from sexual assault, and
    pregnancy resulting from sexual assault.
        (3) Appropriate oral and written information
    concerning accepted medical procedures, laboratory tests,
    medication, and possible contraindications of such
    medication available for the prevention or treatment of
    infection or disease resulting from sexual assault.
        (3.5) After a medical evidentiary or physical
    examination, access to a shower at no cost, unless
    showering facilities are unavailable.
        (4) An amount of medication, including HIV
    prophylaxis, for treatment at the hospital or approved
    pediatric health care facility and after discharge as is
    deemed appropriate by the attending physician, an advanced
    practice registered nurse, or a physician assistant in
    accordance with the Centers for Disease Control and
    Prevention guidelines and consistent with the hospital's
    or approved pediatric health care facility's current
    approved protocol for sexual assault survivors.
        (5) Photo documentation of the sexual assault
    survivor's injuries, anatomy involved in the assault, or
    other visible evidence on the sexual assault survivor's
    body to supplement the medical forensic history and
    written documentation of physical findings and evidence
    beginning July 1, 2019. Photo documentation does not
    replace written documentation of the injury.
        (6) Written and oral instructions indicating the need
    for follow-up examinations and laboratory tests after the
    sexual assault to determine the presence or absence of
    sexually transmitted infection.
        (7) Referral by hospital or approved pediatric health
    care facility personnel for appropriate counseling.
        (8) Medical advocacy services provided by a rape
    crisis counselor whose communications are protected under
    Section 8-802.1 of the Code of Civil Procedure, if there
    is a memorandum of understanding between the hospital or
    approved pediatric health care facility and a rape crisis
    center. With the consent of the sexual assault survivor, a
    rape crisis counselor shall remain in the exam room during
    the medical forensic examination.
        (9) Written information regarding services provided by
    a Children's Advocacy Center and rape crisis center, if
    applicable.
        (10) A treatment hospital, a treatment hospital with
    approved pediatric transfer, an out-of-state hospital as
    defined in Section 5.4, or an approved pediatric health
    care facility shall comply with the rules relating to the
    collection and tracking of sexual assault evidence adopted
    by the Department of State Police under Section 50 of the
    Sexual Assault Evidence Submission Act.
        (11) Written information regarding the Illinois State
    Police sexual assault evidence tracking system.
    (a-7) By January 1, 2023 2022, every hospital with a
treatment plan approved by the Department shall employ or
contract with a qualified medical provider to initiate medical
forensic services to a sexual assault survivor within 90
minutes of the patient presenting to the treatment hospital or
treatment hospital with approved pediatric transfer. The
provision of medical forensic services by a qualified medical
provider shall not delay the provision of life-saving medical
care.
    (b) Any person who is a sexual assault survivor who seeks
medical forensic services or follow-up healthcare under this
Act shall be provided such services without the consent of any
parent, guardian, custodian, surrogate, or agent. If a sexual
assault survivor is unable to consent to medical forensic
services, the services may be provided under the Consent by
Minors to Medical Procedures Act, the Health Care Surrogate
Act, or other applicable State and federal laws.
    (b-5) Every hospital or approved pediatric health care
facility providing medical forensic services to sexual assault
survivors shall issue a voucher to any sexual assault survivor
who is eligible to receive one in accordance with Section 5.2
of this Act. The hospital shall make a copy of the voucher and
place it in the medical record of the sexual assault survivor.
The hospital shall provide a copy of the voucher to the sexual
assault survivor after discharge upon request.
    (c) Nothing in this Section creates a physician-patient
relationship that extends beyond discharge from the hospital
or approved pediatric health care facility.
    (d) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19;
100-1087, eff. 1-1-19; 101-81, eff. 7-12-19; 101-377, eff.
8-16-19; 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/5-1)
    (Section scheduled to be repealed on June 30, 2021)
    Sec. 5-1. Minimum requirements for medical forensic
services provided to sexual assault survivors by hospitals,
approved pediatric health care facilities, and approved
federally qualified health centers.
    (a) Every hospital, approved pediatric health care
facility, and approved federally qualified health center
providing medical forensic services to sexual assault
survivors under this Act shall, as minimum requirements for
such services, provide, with the consent of the sexual assault
survivor, and as ordered by the attending physician, an
advanced practice registered nurse, or a physician assistant,
the services set forth in subsection (a-5).
    Beginning January 1, 2023 2022, a qualified medical
provider must provide the services set forth in subsection
(a-5).
    (a-5) A treatment hospital, a treatment hospital with
approved pediatric transfer, or an approved pediatric health
care facility, or an approved federally qualified health
center shall provide the following services in accordance with
subsection (a):
        (1) Appropriate medical forensic services without
    delay, in a private, age-appropriate or
    developmentally-appropriate space, required to ensure the
    health, safety, and welfare of a sexual assault survivor
    and which may be used as evidence in a criminal proceeding
    against a person accused of the sexual assault, in a
    proceeding under the Juvenile Court Act of 1987, or in an
    investigation under the Abused and Neglected Child
    Reporting Act.
        Records of medical forensic services, including
    results of examinations and tests, the Illinois State
    Police Medical Forensic Documentation Forms, the Illinois
    State Police Patient Discharge Materials, and the Illinois
    State Police Patient Consent: Collect and Test Evidence or
    Collect and Hold Evidence Form, shall be maintained by the
    hospital or approved pediatric health care facility as
    part of the patient's electronic medical record.
        Records of medical forensic services of sexual assault
    survivors under the age of 18 shall be retained by the
    hospital for a period of 60 years after the sexual assault
    survivor reaches the age of 18. Records of medical
    forensic services of sexual assault survivors 18 years of
    age or older shall be retained by the hospital for a period
    of 20 years after the date the record was created.
        Records of medical forensic services may only be
    disseminated in accordance with Section 6.5-1 of this Act
    and other State and federal law.
        (1.5) An offer to complete the Illinois Sexual Assault
    Evidence Collection Kit for any sexual assault survivor
    who presents within a minimum of the last 7 days of the
    assault or who has disclosed past sexual assault by a
    specific individual and was in the care of that individual
    within a minimum of the last 7 days.
            (A) Appropriate oral and written information
        concerning evidence-based guidelines for the
        appropriateness of evidence collection depending on
        the sexual development of the sexual assault survivor,
        the type of sexual assault, and the timing of the
        sexual assault shall be provided to the sexual assault
        survivor. Evidence collection is encouraged for
        prepubescent sexual assault survivors who present to a
        hospital or approved pediatric health care facility
        with a complaint of sexual assault within a minimum of
        96 hours after the sexual assault.
            Before January 1, 2023 2022, the information
        required under this subparagraph shall be provided in
        person by the health care professional providing
        medical forensic services directly to the sexual
        assault survivor.
            On and after January 1, 2023 2022, the information
        required under this subparagraph shall be provided in
        person by the qualified medical provider providing
        medical forensic services directly to the sexual
        assault survivor.
            The written information provided shall be the
        information created in accordance with Section 10-1 of
        this Act.
            (B) Following the discussion regarding the
        evidence-based guidelines for evidence collection in
        accordance with subparagraph (A), evidence collection
        must be completed at the sexual assault survivor's
        request. A sexual assault nurse examiner conducting an
        examination using the Illinois State Police Sexual
        Assault Evidence Collection Kit may do so without the
        presence or participation of a physician.
        (2) Appropriate oral and written information
    concerning the possibility of infection, sexually
    transmitted infection, including an evaluation of the
    sexual assault survivor's risk of contracting human
    immunodeficiency virus (HIV) from sexual assault, and
    pregnancy resulting from sexual assault.
        (3) Appropriate oral and written information
    concerning accepted medical procedures, laboratory tests,
    medication, and possible contraindications of such
    medication available for the prevention or treatment of
    infection or disease resulting from sexual assault.
        (3.5) After a medical evidentiary or physical
    examination, access to a shower at no cost, unless
    showering facilities are unavailable.
        (4) An amount of medication, including HIV
    prophylaxis, for treatment at the hospital or approved
    pediatric health care facility and after discharge as is
    deemed appropriate by the attending physician, an advanced
    practice registered nurse, or a physician assistant in
    accordance with the Centers for Disease Control and
    Prevention guidelines and consistent with the hospital's
    or approved pediatric health care facility's current
    approved protocol for sexual assault survivors.
        (5) Photo documentation of the sexual assault
    survivor's injuries, anatomy involved in the assault, or
    other visible evidence on the sexual assault survivor's
    body to supplement the medical forensic history and
    written documentation of physical findings and evidence
    beginning July 1, 2019. Photo documentation does not
    replace written documentation of the injury.
        (6) Written and oral instructions indicating the need
    for follow-up examinations and laboratory tests after the
    sexual assault to determine the presence or absence of
    sexually transmitted infection.
        (7) Referral by hospital or approved pediatric health
    care facility personnel for appropriate counseling.
        (8) Medical advocacy services provided by a rape
    crisis counselor whose communications are protected under
    Section 8-802.1 of the Code of Civil Procedure, if there
    is a memorandum of understanding between the hospital or
    approved pediatric health care facility and a rape crisis
    center. With the consent of the sexual assault survivor, a
    rape crisis counselor shall remain in the exam room during
    the medical forensic examination.
        (9) Written information regarding services provided by
    a Children's Advocacy Center and rape crisis center, if
    applicable.
        (10) A treatment hospital, a treatment hospital with
    approved pediatric transfer, an out-of-state hospital as
    defined in Section 5.4, or an approved pediatric health
    care facility shall comply with the rules relating to the
    collection and tracking of sexual assault evidence adopted
    by the Department of State Police under Section 50 of the
    Sexual Assault Evidence Submission Act.
        (11) Written information regarding the Illinois State
    Police sexual assault evidence tracking system.
    (a-7) By January 1, 2023 2022, every hospital with a
treatment plan approved by the Department shall employ or
contract with a qualified medical provider to initiate medical
forensic services to a sexual assault survivor within 90
minutes of the patient presenting to the treatment hospital or
treatment hospital with approved pediatric transfer. The
provision of medical forensic services by a qualified medical
provider shall not delay the provision of life-saving medical
care.
    (b) Any person who is a sexual assault survivor who seeks
medical forensic services or follow-up healthcare under this
Act shall be provided such services without the consent of any
parent, guardian, custodian, surrogate, or agent. If a sexual
assault survivor is unable to consent to medical forensic
services, the services may be provided under the Consent by
Minors to Medical Procedures Act, the Health Care Surrogate
Act, or other applicable State and federal laws.
    (b-5) Every hospital, approved pediatric health care
facility, or approved federally qualified health center
providing medical forensic services to sexual assault
survivors shall issue a voucher to any sexual assault survivor
who is eligible to receive one in accordance with Section
5.2-1 of this Act. The hospital, approved pediatric health
care facility, or approved federally qualified health center
shall make a copy of the voucher and place it in the medical
record of the sexual assault survivor. The hospital, approved
pediatric health care facility, or approved federally
qualified health center shall provide a copy of the voucher to
the sexual assault survivor after discharge upon request.
    (c) Nothing in this Section creates a physician-patient
relationship that extends beyond discharge from the hospital,
or approved pediatric health care facility, or approved
federally qualified health center.
    (d) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/5.1)
    Sec. 5.1. Storage, retention, and dissemination of photo
documentation relating to medical forensic services.
    (a) Photo documentation taken during a medical forensic
examination shall be maintained by the hospital or approved
pediatric health care facility as part of the patient's
medical record.
    Photo documentation shall be stored and backed up securely
in its original file format in accordance with facility
protocol. The facility protocol shall require limited access
to the images and be included in the sexual assault treatment
plan submitted to the Department.
    Photo documentation of a sexual assault survivor under the
age of 18 shall be retained for a period of 60 years after the
sexual assault survivor reaches the age of 18. Photo
documentation of a sexual assault survivor 18 years of age or
older shall be retained for a period of 20 years after the
record was created.
    Photo documentation of the sexual assault survivor's
injuries, anatomy involved in the assault, or other visible
evidence on the sexual assault survivor's body may be used for
peer review, expert second opinion, or in a criminal
proceeding against a person accused of sexual assault, a
proceeding under the Juvenile Court Act of 1987, or in an
investigation under the Abused and Neglected Child Reporting
Act. Any dissemination of photo documentation, including for
peer review, an expert second opinion, or in any court or
administrative proceeding or investigation, must be in
accordance with State and federal law.
    (b) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/5.1-1)
    (Section scheduled to be repealed on June 30, 2021)
    Sec. 5.1-1. Storage, retention, and dissemination of photo
documentation relating to medical forensic services.
    (a) Photo documentation taken during a medical forensic
examination shall be maintained by the hospital, approved
pediatric health care facility, or approved federally
qualified health center as part of the patient's medical
record.
    Photo documentation shall be stored and backed up securely
in its original file format in accordance with facility
protocol. The facility protocol shall require limited access
to the images and be included in the sexual assault treatment
plan submitted to the Department.
    Photo documentation of a sexual assault survivor under the
age of 18 shall be retained for a period of 60 years after the
sexual assault survivor reaches the age of 18. Photo
documentation of a sexual assault survivor 18 years of age or
older shall be retained for a period of 20 years after the
record was created.
    Photo documentation of the sexual assault survivor's
injuries, anatomy involved in the assault, or other visible
evidence on the sexual assault survivor's body may be used for
peer review, expert second opinion, or in a criminal
proceeding against a person accused of sexual assault, a
proceeding under the Juvenile Court Act of 1987, or in an
investigation under the Abused and Neglected Child Reporting
Act. Any dissemination of photo documentation, including for
peer review, an expert second opinion, or in any court or
administrative proceeding or investigation, must be in
accordance with State and federal law.
    (b) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/5.2)
    Sec. 5.2. Sexual assault services voucher.
    (a) A sexual assault services voucher shall be issued by a
treatment hospital, treatment hospital with approved pediatric
transfer, or approved pediatric health care facility at the
time a sexual assault survivor receives medical forensic
services.
    (b) Each treatment hospital, treatment hospital with
approved pediatric transfer, and approved pediatric health
care facility must include in its sexual assault treatment
plan submitted to the Department in accordance with Section 2
of this Act a protocol for issuing sexual assault services
vouchers. The protocol shall, at a minimum, include the
following:
        (1) Identification of employee positions responsible
    for issuing sexual assault services vouchers.
        (2) Identification of employee positions with access
    to the Medical Electronic Data Interchange or successor
    system.
        (3) A statement to be signed by each employee of an
    approved pediatric health care facility with access to the
    Medical Electronic Data Interchange or successor system
    affirming that the Medical Electronic Data Interchange or
    successor system will only be used for the purpose of
    issuing sexual assault services vouchers.
    (c) A sexual assault services voucher may be used to seek
payment for any ambulance services, medical forensic services,
laboratory services, pharmacy services, and follow-up
healthcare provided as a result of the sexual assault.
    (d) Any treatment hospital, treatment hospital with
approved pediatric transfer, approved pediatric health care
facility, health care professional, ambulance provider,
laboratory, or pharmacy may submit a bill for services
provided to a sexual assault survivor as a result of a sexual
assault to the Department of Healthcare and Family Services
Sexual Assault Emergency Treatment Program. The bill shall
include:
        (1) the name and date of birth of the sexual assault
    survivor;
        (2) the service provided;
        (3) the charge of service;
        (4) the date the service was provided; and
        (5) the recipient identification number, if known.
    A health care professional, ambulance provider,
laboratory, or pharmacy is not required to submit a copy of the
sexual assault services voucher.
    The Department of Healthcare and Family Services Sexual
Assault Emergency Treatment Program shall electronically
verify, using the Medical Electronic Data Interchange or a
successor system, that a sexual assault services voucher was
issued to a sexual assault survivor prior to issuing payment
for the services.
    If a sexual assault services voucher was not issued to a
sexual assault survivor by the treatment hospital, treatment
hospital with approved pediatric transfer, or approved
pediatric health care facility, then a health care
professional, ambulance provider, laboratory, or pharmacy may
submit a request to the Department of Healthcare and Family
Services Sexual Assault Emergency Treatment Program to issue a
sexual assault services voucher.
    (e) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/5.2-1)
    (Section scheduled to be repealed on June 30, 2021)
    Sec. 5.2-1. Sexual assault services voucher.
    (a) A sexual assault services voucher shall be issued by a
treatment hospital, treatment hospital with approved pediatric
transfer, approved pediatric health care facility, or approved
federally qualified health center at the time a sexual assault
survivor receives medical forensic services.
    (b) Each treatment hospital, treatment hospital with
approved pediatric transfer, approved pediatric health care
facility, and approved federally qualified health center must
include in its sexual assault treatment plan submitted to the
Department in accordance with Section 2-1 of this Act a
protocol for issuing sexual assault services vouchers. The
protocol shall, at a minimum, include the following:
        (1) Identification of employee positions responsible
    for issuing sexual assault services vouchers.
        (2) Identification of employee positions with access
    to the Medical Electronic Data Interchange or successor
    system.
        (3) A statement to be signed by each employee of an
    approved pediatric health care facility or approved
    federally qualified health center with access to the
    Medical Electronic Data Interchange or successor system
    affirming that the Medical Electronic Data Interchange or
    successor system will only be used for the purpose of
    issuing sexual assault services vouchers.
    (c) A sexual assault services voucher may be used to seek
payment for any ambulance services, medical forensic services,
laboratory services, pharmacy services, and follow-up
healthcare provided as a result of the sexual assault.
    (d) Any treatment hospital, treatment hospital with
approved pediatric transfer, approved pediatric health care
facility, approved federally qualified health center, health
care professional, ambulance provider, laboratory, or pharmacy
may submit a bill for services provided to a sexual assault
survivor as a result of a sexual assault to the Department of
Healthcare and Family Services Sexual Assault Emergency
Treatment Program. The bill shall include:
        (1) the name and date of birth of the sexual assault
    survivor;
        (2) the service provided;
        (3) the charge of service;
        (4) the date the service was provided; and
        (5) the recipient identification number, if known.
    A health care professional, ambulance provider,
laboratory, or pharmacy is not required to submit a copy of the
sexual assault services voucher.
    The Department of Healthcare and Family Services Sexual
Assault Emergency Treatment Program shall electronically
verify, using the Medical Electronic Data Interchange or a
successor system, that a sexual assault services voucher was
issued to a sexual assault survivor prior to issuing payment
for the services.
    If a sexual assault services voucher was not issued to a
sexual assault survivor by the treatment hospital, treatment
hospital with approved pediatric transfer, approved pediatric
health care facility, or approved federally qualified health
center, then a health care professional, ambulance provider,
laboratory, or pharmacy may submit a request to the Department
of Healthcare and Family Services Sexual Assault Emergency
Treatment Program to issue a sexual assault services voucher.
    (e) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/5.3)
    Sec. 5.3. Pediatric sexual assault care.
    (a) The General Assembly finds:
        (1) Pediatric sexual assault survivors can suffer from
    a wide range of health problems across their life span. In
    addition to immediate health issues, such as sexually
    transmitted infections, physical injuries, and
    psychological trauma, child sexual abuse victims are at
    greater risk for a plethora of adverse psychological and
    somatic problems into adulthood in contrast to those who
    were not sexually abused.
        (2) Sexual abuse against the pediatric population is
    distinct, particularly due to their dependence on their
    caregivers and the ability of perpetrators to manipulate
    and silence them (especially when the perpetrators are
    family members or other adults trusted by, or with power
    over, children). Sexual abuse is often hidden by
    perpetrators, unwitnessed by others, and may leave no
    obvious physical signs on child victims.
        (3) Pediatric sexual assault survivors throughout the
    State should have access to qualified medical providers
    who have received specialized training regarding the care
    of pediatric sexual assault survivors within a reasonable
    distance from their home.
        (4) There is a need in Illinois to increase the number
    of qualified medical providers available to provide
    medical forensic services to pediatric sexual assault
    survivors.
    (b) If a medically stable pediatric sexual assault
survivor presents at a transfer hospital or treatment hospital
with approved pediatric transfer that has a plan approved by
the Department requesting medical forensic services, then the
hospital emergency department staff shall contact an approved
pediatric health care facility, if one is designated in the
hospital's plan.
    If the transferring hospital confirms that medical
forensic services can be initiated within 90 minutes of the
patient's arrival at the approved pediatric health care
facility following an immediate transfer, then the hospital
emergency department staff shall notify the patient and
non-offending parent or legal guardian that the patient will
be transferred for medical forensic services and shall provide
the patient and non-offending parent or legal guardian the
option of being transferred to the approved pediatric health
care facility or the treatment hospital designated in the
hospital's plan. The pediatric sexual assault survivor may be
transported by ambulance, law enforcement, or personal
vehicle.
    If medical forensic services cannot be initiated within 90
minutes of the patient's arrival at the approved pediatric
health care facility, there is no approved pediatric health
care facility designated in the hospital's plan, or the
patient or non-offending parent or legal guardian chooses to
be transferred to a treatment hospital, the hospital emergency
department staff shall contact a treatment hospital designated
in the hospital's plan to arrange for the transfer of the
patient to the treatment hospital for medical forensic
services, which are to be initiated within 90 minutes of the
patient's arrival at the treatment hospital. The treatment
hospital shall provide medical forensic services and may not
transfer the patient to another facility. The pediatric sexual
assault survivor may be transported by ambulance, law
enforcement, or personal vehicle.
    (c) If a medically stable pediatric sexual assault
survivor presents at a treatment hospital that has a plan
approved by the Department requesting medical forensic
services, then the hospital emergency department staff shall
contact an approved pediatric health care facility, if one is
designated in the treatment hospital's areawide treatment
plan.
    If medical forensic services can be initiated within 90
minutes after the patient's arrival at the approved pediatric
health care facility following an immediate transfer, the
hospital emergency department staff shall provide the patient
and non-offending parent or legal guardian the option of
having medical forensic services performed at the treatment
hospital or at the approved pediatric health care facility. If
the patient or non-offending parent or legal guardian chooses
to be transferred, the pediatric sexual assault survivor may
be transported by ambulance, law enforcement, or personal
vehicle.
    If medical forensic services cannot be initiated within 90
minutes after the patient's arrival to the approved pediatric
health care facility, there is no approved pediatric health
care facility designated in the hospital's plan, or the
patient or non-offending parent or legal guardian chooses not
to be transferred, the hospital shall provide medical forensic
services to the patient.
    (d) If a pediatric sexual assault survivor presents at an
approved pediatric health care facility requesting medical
forensic services or the facility is contacted by law
enforcement or the Department of Children and Family Services
requesting medical forensic services for a pediatric sexual
assault survivor, the services shall be provided at the
facility if the medical forensic services can be initiated
within 90 minutes after the patient's arrival at the facility.
If medical forensic services cannot be initiated within 90
minutes after the patient's arrival at the facility, then the
patient shall be transferred to a treatment hospital
designated in the approved pediatric health care facility's
plan for medical forensic services. The pediatric sexual
assault survivor may be transported by ambulance, law
enforcement, or personal vehicle.
    (e) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/5.3-1)
    (Section scheduled to be repealed on June 30, 2021)
    Sec. 5.3-1. Pediatric sexual assault care.
    (a) The General Assembly finds:
        (1) Pediatric sexual assault survivors can suffer from
    a wide range of health problems across their life span. In
    addition to immediate health issues, such as sexually
    transmitted infections, physical injuries, and
    psychological trauma, child sexual abuse victims are at
    greater risk for a plethora of adverse psychological and
    somatic problems into adulthood in contrast to those who
    were not sexually abused.
        (2) Sexual abuse against the pediatric population is
    distinct, particularly due to their dependence on their
    caregivers and the ability of perpetrators to manipulate
    and silence them (especially when the perpetrators are
    family members or other adults trusted by, or with power
    over, children). Sexual abuse is often hidden by
    perpetrators, unwitnessed by others, and may leave no
    obvious physical signs on child victims.
        (3) Pediatric sexual assault survivors throughout the
    State should have access to qualified medical providers
    who have received specialized training regarding the care
    of pediatric sexual assault survivors within a reasonable
    distance from their home.
        (4) There is a need in Illinois to increase the number
    of qualified medical providers available to provide
    medical forensic services to pediatric sexual assault
    survivors.
    (b) If a medically stable pediatric sexual assault
survivor presents at a transfer hospital, treatment hospital
with approved pediatric transfer, or an approved federally
qualified health center that has a plan approved by the
Department requesting medical forensic services, then the
hospital emergency department staff or approved federally
qualified health center staff shall contact an approved
pediatric health care facility, if one is designated in the
hospital's or an approved federally qualified health center's
plan.
    If the transferring hospital or approved federally
qualified health center confirms that medical forensic
services can be initiated within 90 minutes of the patient's
arrival at the approved pediatric health care facility
following an immediate transfer, then the hospital emergency
department or approved federally qualified health center staff
shall notify the patient and non-offending parent or legal
guardian that the patient will be transferred for medical
forensic services and shall provide the patient and
non-offending parent or legal guardian the option of being
transferred to the approved pediatric health care facility or
the treatment hospital designated in the hospital's or
approved federally qualified health center's plan. The
pediatric sexual assault survivor may be transported by
ambulance, law enforcement, or personal vehicle.
    If medical forensic services cannot be initiated within 90
minutes of the patient's arrival at the approved pediatric
health care facility, there is no approved pediatric health
care facility designated in the hospital's or approved
federally qualified health center's plan, or the patient or
non-offending parent or legal guardian chooses to be
transferred to a treatment hospital, the hospital emergency
department or approved federally qualified health center staff
shall contact a treatment hospital designated in the
hospital's or approved federally qualified health center's
plan to arrange for the transfer of the patient to the
treatment hospital for medical forensic services, which are to
be initiated within 90 minutes of the patient's arrival at the
treatment hospital. The treatment hospital shall provide
medical forensic services and may not transfer the patient to
another facility. The pediatric sexual assault survivor may be
transported by ambulance, law enforcement, or personal
vehicle.
    (c) If a medically stable pediatric sexual assault
survivor presents at a treatment hospital that has a plan
approved by the Department requesting medical forensic
services, then the hospital emergency department staff shall
contact an approved pediatric health care facility, if one is
designated in the treatment hospital's areawide treatment
plan.
    If medical forensic services can be initiated within 90
minutes after the patient's arrival at the approved pediatric
health care facility following an immediate transfer, the
hospital emergency department staff shall provide the patient
and non-offending parent or legal guardian the option of
having medical forensic services performed at the treatment
hospital or at the approved pediatric health care facility. If
the patient or non-offending parent or legal guardian chooses
to be transferred, the pediatric sexual assault survivor may
be transported by ambulance, law enforcement, or personal
vehicle.
    If medical forensic services cannot be initiated within 90
minutes after the patient's arrival to the approved pediatric
health care facility, there is no approved pediatric health
care facility designated in the hospital's plan, or the
patient or non-offending parent or legal guardian chooses not
to be transferred, the hospital shall provide medical forensic
services to the patient.
    (d) If a pediatric sexual assault survivor presents at an
approved pediatric health care facility requesting medical
forensic services or the facility is contacted by law
enforcement or the Department of Children and Family Services
requesting medical forensic services for a pediatric sexual
assault survivor, the services shall be provided at the
facility if the medical forensic services can be initiated
within 90 minutes after the patient's arrival at the facility.
If medical forensic services cannot be initiated within 90
minutes after the patient's arrival at the facility, then the
patient shall be transferred to a treatment hospital
designated in the approved pediatric health care facility's
plan for medical forensic services. The pediatric sexual
assault survivor may be transported by ambulance, law
enforcement, or personal vehicle.
    (e) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/5.5)
    Sec. 5.5. Minimum reimbursement requirements for follow-up
healthcare.
    (a) Every hospital, pediatric health care facility, health
care professional, laboratory, or pharmacy that provides
follow-up healthcare to a sexual assault survivor, with the
consent of the sexual assault survivor and as ordered by the
attending physician, an advanced practice registered nurse, or
physician assistant shall be reimbursed for the follow-up
healthcare services provided. Follow-up healthcare services
include, but are not limited to, the following:
        (1) a physical examination;
        (2) laboratory tests to determine the presence or
    absence of sexually transmitted infection; and
        (3) appropriate medications, including HIV
    prophylaxis, in accordance with the Centers for Disease
    Control and Prevention's guidelines.
    (b) Reimbursable follow-up healthcare is limited to office
visits with a physician, advanced practice registered nurse,
or physician assistant within 90 days after an initial visit
for hospital medical forensic services.
    (c) Nothing in this Section requires a hospital, pediatric
health care facility, health care professional, laboratory, or
pharmacy to provide follow-up healthcare to a sexual assault
survivor.
    (d) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19;
101-634, eff. 6-5-20.)
 
    (410 ILCS 70/5.5-1)
    (Section scheduled to be repealed on June 30, 2021)
    Sec. 5.5-1. Minimum reimbursement requirements for
follow-up healthcare.
    (a) Every hospital, pediatric health care facility,
federally qualified health center, health care professional,
laboratory, or pharmacy that provides follow-up healthcare to
a sexual assault survivor, with the consent of the sexual
assault survivor and as ordered by the attending physician, an
advanced practice registered nurse, or physician assistant
shall be reimbursed for the follow-up healthcare services
provided. Follow-up healthcare services include, but are not
limited to, the following:
        (1) a physical examination;
        (2) laboratory tests to determine the presence or
    absence of sexually transmitted infection; and
        (3) appropriate medications, including HIV
    prophylaxis, in accordance with the Centers for Disease
    Control and Prevention's guidelines.
    (b) Reimbursable follow-up healthcare is limited to office
visits with a physician, advanced practice registered nurse,
or physician assistant within 90 days after an initial visit
for hospital medical forensic services.
    (c) Nothing in this Section requires a hospital, pediatric
health care facility, federally qualified health center,
health care professional, laboratory, or pharmacy to provide
follow-up healthcare to a sexual assault survivor.
    (d) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/6.1)  (from Ch. 111 1/2, par. 87-6.1)
    Sec. 6.1. Minimum standards.
    (a) The Department shall prescribe minimum standards,
rules, and regulations necessary to implement this Act and the
changes made by this amendatory Act of the 100th General
Assembly, which shall apply to every hospital required to be
licensed by the Department that provides general medical and
surgical hospital services and to every approved pediatric
health care facility. Such standards shall include, but not be
limited to, a uniform system for recording results of medical
examinations and all diagnostic tests performed in connection
therewith to determine the condition and necessary treatment
of sexual assault survivors, which results shall be preserved
in a confidential manner as part of the hospital's or approved
pediatric health care facility's record of the sexual assault
survivor.
    (b) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/6.1-1)
    (Section scheduled to be repealed on June 30, 2021)
    Sec. 6.1-1. Minimum standards.
    (a) The Department shall prescribe minimum standards,
rules, and regulations necessary to implement this Act and the
changes made by this amendatory Act of the 101st General
Assembly, which shall apply to every hospital required to be
licensed by the Department that provides general medical and
surgical hospital services and to every approved pediatric
health care facility and approved federally qualified health
center. Such standards shall include, but not be limited to, a
uniform system for recording results of medical examinations
and all diagnostic tests performed in connection therewith to
determine the condition and necessary treatment of sexual
assault survivors, which results shall be preserved in a
confidential manner as part of the hospital's, approved
pediatric health care facility's, or approved federally
qualified health center's record of the sexual assault
survivor.
    (b) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/6.2)  (from Ch. 111 1/2, par. 87-6.2)
    Sec. 6.2. Assistance and grants.
    (a) The Department shall assist in the development and
operation of programs which provide medical forensic services
to sexual assault survivors, and, where necessary, to provide
grants to hospitals and approved pediatric health care
facilities for this purpose.
    (b) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/6.2-1)
    (Section scheduled to be repealed on June 30, 2021)
    Sec. 6.2-1. Assistance and grants.
    (a) The Department shall assist in the development and
operation of programs which provide medical forensic services
to sexual assault survivors, and, where necessary, to provide
grants to hospitals, approved pediatric health care
facilities, and approved federally qualified health centers
for this purpose.
    (b) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/6.4)  (from Ch. 111 1/2, par. 87-6.4)
    Sec. 6.4. Sexual assault evidence collection program.
    (a) There is created a statewide sexual assault evidence
collection program to facilitate the prosecution of persons
accused of sexual assault. This program shall be administered
by the Illinois State Police. The program shall consist of the
following: (1) distribution of sexual assault evidence
collection kits which have been approved by the Illinois State
Police to hospitals and approved pediatric health care
facilities that request them, or arranging for such
distribution by the manufacturer of the kits, (2) collection
of the kits from hospitals and approved pediatric health care
facilities after the kits have been used to collect evidence,
(3) analysis of the collected evidence and conducting of
laboratory tests, (4) maintaining the chain of custody and
safekeeping of the evidence for use in a legal proceeding, and
(5) the comparison of the collected evidence with the genetic
marker grouping analysis information maintained by the
Department of State Police under Section 5-4-3 of the Unified
Code of Corrections and with the information contained in the
Federal Bureau of Investigation's National DNA database;
provided the amount and quality of genetic marker grouping
results obtained from the evidence in the sexual assault case
meets the requirements of both the Department of State Police
and the Federal Bureau of Investigation's Combined DNA Index
System (CODIS) policies. The standardized evidence collection
kit for the State of Illinois shall be the Illinois State
Police Sexual Assault Evidence Kit and shall include a written
consent form authorizing law enforcement to test the sexual
assault evidence and to provide law enforcement with details
of the sexual assault.
    (a-5) (Blank).
    (b) The Illinois State Police shall administer a program
to train hospital and approved pediatric health care facility
personnel participating in the sexual assault evidence
collection program, in the correct use and application of the
sexual assault evidence collection kits. The Department shall
cooperate with the Illinois State Police in this program as it
pertains to medical aspects of the evidence collection.
    (c) (Blank).
    (d) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/6.4-1)
    (Section scheduled to be repealed on June 30, 2021)
    Sec. 6.4-1. Sexual assault evidence collection program.
    (a) There is created a statewide sexual assault evidence
collection program to facilitate the prosecution of persons
accused of sexual assault. This program shall be administered
by the Illinois State Police. The program shall consist of the
following: (1) distribution of sexual assault evidence
collection kits which have been approved by the Illinois State
Police to hospitals, approved pediatric health care
facilities, and approved federally qualified health centers
that request them, or arranging for such distribution by the
manufacturer of the kits, (2) collection of the kits from
hospitals and approved pediatric health care facilities after
the kits have been used to collect evidence, (3) analysis of
the collected evidence and conducting of laboratory tests, (4)
maintaining the chain of custody and safekeeping of the
evidence for use in a legal proceeding, and (5) the comparison
of the collected evidence with the genetic marker grouping
analysis information maintained by the Department of State
Police under Section 5-4-3 of the Unified Code of Corrections
and with the information contained in the Federal Bureau of
Investigation's National DNA database; provided the amount and
quality of genetic marker grouping results obtained from the
evidence in the sexual assault case meets the requirements of
both the Department of State Police and the Federal Bureau of
Investigation's Combined DNA Index System (CODIS) policies.
The standardized evidence collection kit for the State of
Illinois shall be the Illinois State Police Sexual Assault
Evidence Kit and shall include a written consent form
authorizing law enforcement to test the sexual assault
evidence and to provide law enforcement with details of the
sexual assault.
    (a-5) (Blank).
    (b) The Illinois State Police shall administer a program
to train hospital, and approved pediatric health care
facility, and approved federally qualified health center
personnel participating in the sexual assault evidence
collection program, in the correct use and application of the
sexual assault evidence collection kits. The Department shall
cooperate with the Illinois State Police in this program as it
pertains to medical aspects of the evidence collection.
    (c) (Blank).
    (d) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/6.5)
    Sec. 6.5. Written consent to the release of sexual assault
evidence for testing.
    (a) Upon the completion of medical forensic services, the
health care professional providing the medical forensic
services shall provide the patient the opportunity to sign a
written consent to allow law enforcement to submit the sexual
assault evidence for testing, if collected. The written
consent shall be on a form included in the sexual assault
evidence collection kit and posted on the Illinois State
Police website. The consent form shall include whether the
survivor consents to the release of information about the
sexual assault to law enforcement.
        (1) A survivor 13 years of age or older may sign the
    written consent to release the evidence for testing.
        (2) If the survivor is a minor who is under 13 years of
    age, the written consent to release the sexual assault
    evidence for testing may be signed by the parent,
    guardian, investigating law enforcement officer, or
    Department of Children and Family Services.
        (3) If the survivor is an adult who has a guardian of
    the person, a health care surrogate, or an agent acting
    under a health care power of attorney, the consent of the
    guardian, surrogate, or agent is not required to release
    evidence and information concerning the sexual assault or
    sexual abuse. If the adult is unable to provide consent
    for the release of evidence and information and a
    guardian, surrogate, or agent under a health care power of
    attorney is unavailable or unwilling to release the
    information, then an investigating law enforcement officer
    may authorize the release.
        (4) Any health care professional or health care
    institution, including any hospital or approved pediatric
    health care facility, who provides evidence or information
    to a law enforcement officer under a written consent as
    specified in this Section is immune from any civil or
    professional liability that might arise from those
    actions, with the exception of willful or wanton
    misconduct. The immunity provision applies only if all of
    the requirements of this Section are met.
    (b) The hospital or approved pediatric health care
facility shall keep a copy of a signed or unsigned written
consent form in the patient's medical record.
    (c) If a written consent to allow law enforcement to hold
the sexual assault evidence is signed at the completion of
medical forensic services, the hospital or approved pediatric
health care facility shall include the following information
in its discharge instructions:
        (1) the sexual assault evidence will be stored for 10
    years from the completion of an Illinois State Police
    Sexual Assault Evidence Collection Kit, or 10 years from
    the age of 18 years, whichever is longer;
        (2) a person authorized to consent to the testing of
    the sexual assault evidence may sign a written consent to
    allow law enforcement to test the sexual assault evidence
    at any time during that 10-year period for an adult
    victim, or until a minor victim turns 28 years of age by
    (A) contacting the law enforcement agency having
    jurisdiction, or if unknown, the law enforcement agency
    contacted by the hospital or approved pediatric health
    care facility under Section 3.2 of the Criminal
    Identification Act; or (B) by working with an advocate at
    a rape crisis center;
        (3) the name, address, and phone number of the law
    enforcement agency having jurisdiction, or if unknown the
    name, address, and phone number of the law enforcement
    agency contacted by the hospital or approved pediatric
    health care facility under Section 3.2 of the Criminal
    Identification Act; and
        (4) the name and phone number of a local rape crisis
    center.
    (d) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19;
100-1087, eff. 1-1-19; 101-81, eff. 7-12-19; 101-634, eff.
6-5-20.)
 
    (410 ILCS 70/6.5-1)
    (Section scheduled to be repealed on June 30, 2021)
    Sec. 6.5-1. Written consent to the release of sexual
assault evidence for testing.
    (a) Upon the completion of medical forensic services, the
health care professional providing the medical forensic
services shall provide the patient the opportunity to sign a
written consent to allow law enforcement to submit the sexual
assault evidence for testing, if collected. The written
consent shall be on a form included in the sexual assault
evidence collection kit and posted on the Illinois State
Police website. The consent form shall include whether the
survivor consents to the release of information about the
sexual assault to law enforcement.
        (1) A survivor 13 years of age or older may sign the
    written consent to release the evidence for testing.
        (2) If the survivor is a minor who is under 13 years of
    age, the written consent to release the sexual assault
    evidence for testing may be signed by the parent,
    guardian, investigating law enforcement officer, or
    Department of Children and Family Services.
        (3) If the survivor is an adult who has a guardian of
    the person, a health care surrogate, or an agent acting
    under a health care power of attorney, the consent of the
    guardian, surrogate, or agent is not required to release
    evidence and information concerning the sexual assault or
    sexual abuse. If the adult is unable to provide consent
    for the release of evidence and information and a
    guardian, surrogate, or agent under a health care power of
    attorney is unavailable or unwilling to release the
    information, then an investigating law enforcement officer
    may authorize the release.
        (4) Any health care professional or health care
    institution, including any hospital, approved pediatric
    health care facility, or approved federally qualified
    health center, who provides evidence or information to a
    law enforcement officer under a written consent as
    specified in this Section is immune from any civil or
    professional liability that might arise from those
    actions, with the exception of willful or wanton
    misconduct. The immunity provision applies only if all of
    the requirements of this Section are met.
    (b) The hospital, approved pediatric health care facility,
or approved federally qualified health center shall keep a
copy of a signed or unsigned written consent form in the
patient's medical record.
    (c) If a written consent to allow law enforcement to hold
the sexual assault evidence is signed at the completion of
medical forensic services, the hospital, approved pediatric
health care facility, or approved federally qualified health
center shall include the following information in its
discharge instructions:
        (1) the sexual assault evidence will be stored for 10
    years from the completion of an Illinois State Police
    Sexual Assault Evidence Collection Kit, or 10 years from
    the age of 18 years, whichever is longer;
        (2) A person authorized to consent to the testing of
    the sexual assault evidence may sign a written consent to
    allow law enforcement to test the sexual assault evidence
    at any time during that 10-year period for an adult
    victim, or until a minor victim turns 28 years of age by
    (A) contacting the law enforcement agency having
    jurisdiction, or if unknown, the law enforcement agency
    contacted by the hospital, approved pediatric health care
    facility, or approved federally qualified health center
    under Section 3.2 of the Criminal Identification Act; or
    (B) by working with an advocate at a rape crisis center;
        (3) the name, address, and phone number of the law
    enforcement agency having jurisdiction, or if unknown the
    name, address, and phone number of the law enforcement
    agency contacted by the hospital or approved pediatric
    health care facility under Section 3.2 of the Criminal
    Identification Act; and
        (4) the name and phone number of a local rape crisis
    center.
    (d) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/6.6)
    Sec. 6.6. Submission of sexual assault evidence.
    (a) As soon as practicable, but in no event more than 4
hours after the completion of medical forensic services, the
hospital or approved pediatric health care facility shall make
reasonable efforts to determine the law enforcement agency
having jurisdiction where the sexual assault occurred, if
sexual assault evidence was collected. The hospital or
approved pediatric health care facility may obtain the name of
the law enforcement agency with jurisdiction from the local
law enforcement agency.
    (b) Within 4 hours after the completion of medical
forensic services, the hospital or approved pediatric health
care facility shall notify the law enforcement agency having
jurisdiction that the hospital or approved pediatric health
care facility is in possession of sexual assault evidence and
the date and time the collection of evidence was completed.
The hospital or approved pediatric health care facility shall
document the notification in the patient's medical records and
shall include the agency notified, the date and time of the
notification and the name of the person who received the
notification. This notification to the law enforcement agency
having jurisdiction satisfies the hospital's or approved
pediatric health care facility's requirement to contact its
local law enforcement agency under Section 3.2 of the Criminal
Identification Act.
    (c) If the law enforcement agency having jurisdiction has
not taken physical custody of sexual assault evidence within 5
days of the first contact by the hospital or approved
pediatric health care facility, the hospital or approved
pediatric health care facility shall renotify the law
enforcement agency having jurisdiction that the hospital or
approved pediatric health care facility is in possession of
sexual assault evidence and the date the sexual assault
evidence was collected. The hospital or approved pediatric
health care facility shall document the renotification in the
patient's medical records and shall include the agency
notified, the date and time of the notification and the name of
the person who received the notification.
    (d) If the law enforcement agency having jurisdiction has
not taken physical custody of the sexual assault evidence
within 10 days of the first contact by the hospital or approved
pediatric health care facility and the hospital or approved
pediatric health care facility has provided renotification
under subsection (c) of this Section, the hospital or approved
pediatric health care facility shall contact the State's
Attorney of the county where the law enforcement agency having
jurisdiction is located. The hospital or approved pediatric
health care facility shall inform the State's Attorney that
the hospital or approved pediatric health care facility is in
possession of sexual assault evidence, the date the sexual
assault evidence was collected, the law enforcement agency
having jurisdiction, the dates, times and names of persons
notified under subsections (b) and (c) of this Section. The
notification shall be made within 14 days of the collection of
the sexual assault evidence.
    (e) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-201, eff. 8-18-17; 100-775, eff. 1-1-19;
101-634, eff. 6-5-20.)
 
    (410 ILCS 70/6.6-1)
    (Section scheduled to be repealed on June 30, 2021)
    Sec. 6.6-1. Submission of sexual assault evidence.
    (a) As soon as practicable, but in no event more than 4
hours after the completion of medical forensic services, the
hospital, approved pediatric health care facility, or approved
federally qualified health center shall make reasonable
efforts to determine the law enforcement agency having
jurisdiction where the sexual assault occurred, if sexual
assault evidence was collected. The hospital, approved
pediatric health care facility, or approved federally
qualified health center may obtain the name of the law
enforcement agency with jurisdiction from the local law
enforcement agency.
    (b) Within 4 hours after the completion of medical
forensic services, the hospital, approved pediatric health
care facility, or approved federally qualified health center
shall notify the law enforcement agency having jurisdiction
that the hospital, approved pediatric health care facility, or
approved federally qualified health center is in possession of
sexual assault evidence and the date and time the collection
of evidence was completed. The hospital, approved pediatric
health care facility, or approved federally qualified health
center shall document the notification in the patient's
medical records and shall include the agency notified, the
date and time of the notification and the name of the person
who received the notification. This notification to the law
enforcement agency having jurisdiction satisfies the
hospital's, approved pediatric health care facility's, or
approved federally qualified health center's requirement to
contact its local law enforcement agency under Section 3.2 of
the Criminal Identification Act.
    (c) If the law enforcement agency having jurisdiction has
not taken physical custody of sexual assault evidence within 5
days of the first contact by the hospital, approved pediatric
health care facility, or approved federally qualified health
center, the hospital, approved pediatric health care facility,
or approved federally qualified health center shall renotify
the law enforcement agency having jurisdiction that the
hospital, approved pediatric health care facility, or approved
federally qualified health center is in possession of sexual
assault evidence and the date the sexual assault evidence was
collected. The hospital, approved pediatric health care
facility, or approved federally qualified health center shall
document the renotification in the patient's medical records
and shall include the agency notified, the date and time of the
notification and the name of the person who received the
notification.
    (d) If the law enforcement agency having jurisdiction has
not taken physical custody of the sexual assault evidence
within 10 days of the first contact by the hospital, approved
pediatric health care facility, or approved federally
qualified health center and the hospital, approved pediatric
health care facility, or approved federally qualified health
center has provided renotification under subsection (c) of
this Section, the hospital, approved pediatric health care
facility, or approved federally qualified health center shall
contact the State's Attorney of the county where the law
enforcement agency having jurisdiction is located. The
hospital, approved pediatric health care facility shall inform
the State's Attorney that the hospital, approved pediatric
health care facility, or approved federally qualified health
center is in possession of sexual assault evidence, the date
the sexual assault evidence was collected, the law enforcement
agency having jurisdiction, the dates, times and names of
persons notified under subsections (b) and (c)of this Section.
The notification shall be made within 14 days of the
collection of the sexual assault evidence.
    (e) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/7)  (from Ch. 111 1/2, par. 87-7)
    Sec. 7. Reimbursement.
    (a) A hospital, approved pediatric health care facility,
or health care professional furnishing medical forensic
services, an ambulance provider furnishing transportation to a
sexual assault survivor, a hospital, health care professional,
or laboratory providing follow-up healthcare, or a pharmacy
dispensing prescribed medications to any sexual assault
survivor shall furnish such services or medications to that
person without charge and shall seek payment as follows:
        (1) If a sexual assault survivor is eligible to
    receive benefits under the medical assistance program
    under Article V of the Illinois Public Aid Code, the
    ambulance provider, hospital, approved pediatric health
    care facility, health care professional, laboratory, or
    pharmacy must submit the bill to the Department of
    Healthcare and Family Services or the appropriate Medicaid
    managed care organization and accept the amount paid as
    full payment.
        (2) If a sexual assault survivor is covered by one or
    more policies of health insurance or is a beneficiary
    under a public or private health coverage program, the
    ambulance provider, hospital, approved pediatric health
    care facility, health care professional, laboratory, or
    pharmacy shall bill the insurance company or program. With
    respect to such insured patients, applicable deductible,
    co-pay, co-insurance, denial of claim, or any other
    out-of-pocket insurance-related expense may be submitted
    to the Illinois Sexual Assault Emergency Treatment Program
    of the Department of Healthcare and Family Services in
    accordance with 89 Ill. Adm. Code 148.510 for payment at
    the Department of Healthcare and Family Services'
    allowable rates under the Illinois Public Aid Code. The
    ambulance provider, hospital, approved pediatric health
    care facility, health care professional, laboratory, or
    pharmacy shall accept the amounts paid by the insurance
    company or health coverage program and the Illinois Sexual
    Assault Treatment Program as full payment.
        (3) If a sexual assault survivor is neither eligible
    to receive benefits under the medical assistance program
    under Article V of the Illinois Public Aid Code nor
    covered by a policy of insurance or a public or private
    health coverage program, the ambulance provider, hospital,
    approved pediatric health care facility, health care
    professional, laboratory, or pharmacy shall submit the
    request for reimbursement to the Illinois Sexual Assault
    Emergency Treatment Program under the Department of
    Healthcare and Family Services in accordance with 89 Ill.
    Adm. Code 148.510 at the Department of Healthcare and
    Family Services' allowable rates under the Illinois Public
    Aid Code.
        (4) If a sexual assault survivor presents a sexual
    assault services voucher for follow-up healthcare, the
    healthcare professional, pediatric health care facility,
    or laboratory that provides follow-up healthcare or the
    pharmacy that dispenses prescribed medications to a sexual
    assault survivor shall submit the request for
    reimbursement for follow-up healthcare, pediatric health
    care facility, laboratory, or pharmacy services to the
    Illinois Sexual Assault Emergency Treatment Program under
    the Department of Healthcare and Family Services in
    accordance with 89 Ill. Adm. Code 148.510 at the
    Department of Healthcare and Family Services' allowable
    rates under the Illinois Public Aid Code. Nothing in this
    subsection (a) precludes hospitals or approved pediatric
    health care facilities from providing follow-up healthcare
    and receiving reimbursement under this Section.
    (b) Nothing in this Section precludes a hospital, health
care provider, ambulance provider, laboratory, or pharmacy
from billing the sexual assault survivor or any applicable
health insurance or coverage for inpatient services.
    (c) (Blank).
    (d) On and after July 1, 2012, the Department shall reduce
any rate of reimbursement for services or other payments or
alter any methodologies authorized by this Act or the Illinois
Public Aid Code to reduce any rate of reimbursement for
services or other payments in accordance with Section 5-5e of
the Illinois Public Aid Code.
    (e) The Department of Healthcare and Family Services shall
establish standards, rules, and regulations to implement this
Section.
    (f) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/7-1)
    (Section scheduled to be repealed on June 30, 2021)
    Sec. 7-1. Reimbursement
    (a) A hospital, approved pediatric health care facility,
approved federally qualified health center, or health care
professional furnishing medical forensic services, an
ambulance provider furnishing transportation to a sexual
assault survivor, a hospital, health care professional, or
laboratory providing follow-up healthcare, or a pharmacy
dispensing prescribed medications to any sexual assault
survivor shall furnish such services or medications to that
person without charge and shall seek payment as follows:
        (1) If a sexual assault survivor is eligible to
    receive benefits under the medical assistance program
    under Article V of the Illinois Public Aid Code, the
    ambulance provider, hospital, approved pediatric health
    care facility, approved federally qualified health center,
    health care professional, laboratory, or pharmacy must
    submit the bill to the Department of Healthcare and Family
    Services or the appropriate Medicaid managed care
    organization and accept the amount paid as full payment.
        (2) If a sexual assault survivor is covered by one or
    more policies of health insurance or is a beneficiary
    under a public or private health coverage program, the
    ambulance provider, hospital, approved pediatric health
    care facility, approved federally qualified health center,
    health care professional, laboratory, or pharmacy shall
    bill the insurance company or program. With respect to
    such insured patients, applicable deductible, co-pay,
    co-insurance, denial of claim, or any other out-of-pocket
    insurance-related expense may be submitted to the Illinois
    Sexual Assault Emergency Treatment Program of the
    Department of Healthcare and Family Services in accordance
    with 89 Ill. Adm. Code 148.510 for payment at the
    Department of Healthcare and Family Services' allowable
    rates under the Illinois Public Aid Code. The ambulance
    provider, hospital, approved pediatric health care
    facility, approved federally qualified health center,
    health care professional, laboratory, or pharmacy shall
    accept the amounts paid by the insurance company or health
    coverage program and the Illinois Sexual Assault Treatment
    Program as full payment.
        (3) If a sexual assault survivor is neither eligible
    to receive benefits under the medical assistance program
    under Article V of the Illinois Public Aid Code nor
    covered by a policy of insurance or a public or private
    health coverage program, the ambulance provider, hospital,
    approved pediatric health care facility, approved
    federally qualified health center, health care
    professional, laboratory, or pharmacy shall submit the
    request for reimbursement to the Illinois Sexual Assault
    Emergency Treatment Program under the Department of
    Healthcare and Family Services in accordance with 89 Ill.
    Adm. Code 148.510 at the Department of Healthcare and
    Family Services' allowable rates under the Illinois Public
    Aid Code.
        (4) If a sexual assault survivor presents a sexual
    assault services voucher for follow-up healthcare, the
    healthcare professional, pediatric health care facility,
    federally qualified health center, or laboratory that
    provides follow-up healthcare or the pharmacy that
    dispenses prescribed medications to a sexual assault
    survivor shall submit the request for reimbursement for
    follow-up healthcare, pediatric health care facility,
    laboratory, or pharmacy services to the Illinois Sexual
    Assault Emergency Treatment Program under the Department
    of Healthcare and Family Services in accordance with 89
    Ill. Adm. Code 148.510 at the Department of Healthcare and
    Family Services' allowable rates under the Illinois Public
    Aid Code. Nothing in this subsection (a) precludes
    hospitals, or approved pediatric health care facilities or
    approved federally qualified health centers from providing
    follow-up healthcare and receiving reimbursement under
    this Section.
    (b) Nothing in this Section precludes a hospital, health
care provider, ambulance provider, laboratory, or pharmacy
from billing the sexual assault survivor or any applicable
health insurance or coverage for inpatient services.
    (c) (Blank).
    (d) On and after July 1, 2012, the Department shall reduce
any rate of reimbursement for services or other payments or
alter any methodologies authorized by this Act or the Illinois
Public Aid Code to reduce any rate of reimbursement for
services or other payments in accordance with Section 5-5e of
the Illinois Public Aid Code.
    (e) The Department of Healthcare and Family Services shall
establish standards, rules, and regulations to implement this
Section.
    (f) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/7.5)
    (Text of Section before amendment by P.A. 101-652)
    Sec. 7.5. Prohibition on billing sexual assault survivors
directly for certain services; written notice; billing
protocols.
    (a) A hospital, approved pediatric health care facility,
health care professional, ambulance provider, laboratory, or
pharmacy furnishing medical forensic services, transportation,
follow-up healthcare, or medication to a sexual assault
survivor shall not:
        (1) charge or submit a bill for any portion of the
    costs of the services, transportation, or medications to
    the sexual assault survivor, including any insurance
    deductible, co-pay, co-insurance, denial of claim by an
    insurer, spenddown, or any other out-of-pocket expense;
        (2) communicate with, harass, or intimidate the sexual
    assault survivor for payment of services, including, but
    not limited to, repeatedly calling or writing to the
    sexual assault survivor and threatening to refer the
    matter to a debt collection agency or to an attorney for
    collection, enforcement, or filing of other process;
        (3) refer a bill to a collection agency or attorney
    for collection action against the sexual assault survivor;
        (4) contact or distribute information to affect the
    sexual assault survivor's credit rating; or
        (5) take any other action adverse to the sexual
    assault survivor or his or her family on account of
    providing services to the sexual assault survivor.
    (b) Nothing in this Section precludes a hospital, health
care provider, ambulance provider, laboratory, or pharmacy
from billing the sexual assault survivor or any applicable
health insurance or coverage for inpatient services.
    (c) Every hospital and approved pediatric health care
facility providing treatment services to sexual assault
survivors in accordance with a plan approved under Section 2
of this Act shall provide a written notice to a sexual assault
survivor. The written notice must include, but is not limited
to, the following:
        (1) a statement that the sexual assault survivor
    should not be directly billed by any ambulance provider
    providing transportation services, or by any hospital,
    approved pediatric health care facility, health care
    professional, laboratory, or pharmacy for the services the
    sexual assault survivor received as an outpatient at the
    hospital or approved pediatric health care facility;
        (2) a statement that a sexual assault survivor who is
    admitted to a hospital may be billed for inpatient
    services provided by a hospital, health care professional,
    laboratory, or pharmacy;
        (3) a statement that prior to leaving the hospital or
    approved pediatric health care facility, the hospital or
    approved pediatric health care facility will give the
    sexual assault survivor a sexual assault services voucher
    for follow-up healthcare if the sexual assault survivor is
    eligible to receive a sexual assault services voucher;
        (4) the definition of "follow-up healthcare" as set
    forth in Section 1a of this Act;
        (5) a phone number the sexual assault survivor may
    call should the sexual assault survivor receive a bill
    from the hospital or approved pediatric health care
    facility for medical forensic services;
        (6) the toll-free phone number of the Office of the
    Illinois Attorney General, Crime Victim Services Division,
    which the sexual assault survivor may call should the
    sexual assault survivor receive a bill from an ambulance
    provider, approved pediatric health care facility, a
    health care professional, a laboratory, or a pharmacy.
    This subsection (c) shall not apply to hospitals that
provide transfer services as defined under Section 1a of this
Act.
    (d) Within 60 days after the effective date of this
amendatory Act of the 99th General Assembly, every health care
professional, except for those employed by a hospital or
hospital affiliate, as defined in the Hospital Licensing Act,
or those employed by a hospital operated under the University
of Illinois Hospital Act, who bills separately for medical or
forensic services must develop a billing protocol that ensures
that no survivor of sexual assault will be sent a bill for any
medical forensic services and submit the billing protocol to
the Crime Victim Services Division of the Office of the
Attorney General for approval. Within 60 days after the
commencement of the provision of medical forensic services,
every health care professional, except for those employed by a
hospital or hospital affiliate, as defined in the Hospital
Licensing Act, or those employed by a hospital operated under
the University of Illinois Hospital Act, who bills separately
for medical or forensic services must develop a billing
protocol that ensures that no survivor of sexual assault is
sent a bill for any medical forensic services and submit the
billing protocol to the Crime Victim Services Division of the
Office of the Attorney General for approval. Health care
professionals who bill as a legal entity may submit a single
billing protocol for the billing entity.
    Within 60 days after the Department's approval of a
treatment plan, an approved pediatric health care facility and
any health care professional employed by an approved pediatric
health care facility must develop a billing protocol that
ensures that no survivor of sexual assault is sent a bill for
any medical forensic services and submit the billing protocol
to the Crime Victim Services Division of the Office of the
Attorney General for approval.
     The billing protocol must include at a minimum:
        (1) a description of training for persons who prepare
    bills for medical and forensic services;
        (2) a written acknowledgement signed by a person who
    has completed the training that the person will not bill
    survivors of sexual assault;
        (3) prohibitions on submitting any bill for any
    portion of medical forensic services provided to a
    survivor of sexual assault to a collection agency;
        (4) prohibitions on taking any action that would
    adversely affect the credit of the survivor of sexual
    assault;
        (5) the termination of all collection activities if
    the protocol is violated; and
        (6) the actions to be taken if a bill is sent to a
    collection agency or the failure to pay is reported to any
    credit reporting agency.
    The Crime Victim Services Division of the Office of the
Attorney General may provide a sample acceptable billing
protocol upon request.
    The Office of the Attorney General shall approve a
proposed protocol if it finds that the implementation of the
protocol would result in no survivor of sexual assault being
billed or sent a bill for medical forensic services.
    If the Office of the Attorney General determines that
implementation of the protocol could result in the billing of
a survivor of sexual assault for medical forensic services,
the Office of the Attorney General shall provide the health
care professional or approved pediatric health care facility
with a written statement of the deficiencies in the protocol.
The health care professional or approved pediatric health care
facility shall have 30 days to submit a revised billing
protocol addressing the deficiencies to the Office of the
Attorney General. The health care professional or approved
pediatric health care facility shall implement the protocol
upon approval by the Crime Victim Services Division of the
Office of the Attorney General.
    The health care professional or approved pediatric health
care facility shall submit any proposed revision to or
modification of an approved billing protocol to the Crime
Victim Services Division of the Office of the Attorney General
for approval. The health care professional or approved
pediatric health care facility shall implement the revised or
modified billing protocol upon approval by the Crime Victim
Services Division of the Office of the Illinois Attorney
General.
    (e) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
 
    (Text of Section after amendment by P.A. 101-652)
    Sec. 7.5. Prohibition on billing sexual assault survivors
directly for certain services; written notice; billing
protocols.
    (a) A hospital, approved pediatric health care facility,
health care professional, ambulance provider, laboratory, or
pharmacy furnishing medical forensic services, transportation,
follow-up healthcare, or medication to a sexual assault
survivor shall not:
        (1) charge or submit a bill for any portion of the
    costs of the services, transportation, or medications to
    the sexual assault survivor, including any insurance
    deductible, co-pay, co-insurance, denial of claim by an
    insurer, spenddown, or any other out-of-pocket expense;
        (2) communicate with, harass, or intimidate the sexual
    assault survivor for payment of services, including, but
    not limited to, repeatedly calling or writing to the
    sexual assault survivor and threatening to refer the
    matter to a debt collection agency or to an attorney for
    collection, enforcement, or filing of other process;
        (3) refer a bill to a collection agency or attorney
    for collection action against the sexual assault survivor;
        (4) contact or distribute information to affect the
    sexual assault survivor's credit rating; or
        (5) take any other action adverse to the sexual
    assault survivor or his or her family on account of
    providing services to the sexual assault survivor.
    (b) Nothing in this Section precludes a hospital, health
care provider, ambulance provider, laboratory, or pharmacy
from billing the sexual assault survivor or any applicable
health insurance or coverage for inpatient services.
    (c) Every hospital and approved pediatric health care
facility providing treatment services to sexual assault
survivors in accordance with a plan approved under Section 2
of this Act shall provide a written notice to a sexual assault
survivor. The written notice must include, but is not limited
to, the following:
        (1) a statement that the sexual assault survivor
    should not be directly billed by any ambulance provider
    providing transportation services, or by any hospital,
    approved pediatric health care facility, health care
    professional, laboratory, or pharmacy for the services the
    sexual assault survivor received as an outpatient at the
    hospital or approved pediatric health care facility;
        (2) a statement that a sexual assault survivor who is
    admitted to a hospital may be billed for inpatient
    services provided by a hospital, health care professional,
    laboratory, or pharmacy;
        (3) a statement that prior to leaving the hospital or
    approved pediatric health care facility, the hospital or
    approved pediatric health care facility will give the
    sexual assault survivor a sexual assault services voucher
    for follow-up healthcare if the sexual assault survivor is
    eligible to receive a sexual assault services voucher;
        (4) the definition of "follow-up healthcare" as set
    forth in Section 1a of this Act;
        (5) a phone number the sexual assault survivor may
    call should the sexual assault survivor receive a bill
    from the hospital or approved pediatric health care
    facility for medical forensic services;
        (6) the toll-free phone number of the Office of the
    Illinois Attorney General, which the sexual assault
    survivor may call should the sexual assault survivor
    receive a bill from an ambulance provider, approved
    pediatric health care facility, a health care
    professional, a laboratory, or a pharmacy.
    This subsection (c) shall not apply to hospitals that
provide transfer services as defined under Section 1a of this
Act.
    (d) Within 60 days after the effective date of this
amendatory Act of the 99th General Assembly, every health care
professional, except for those employed by a hospital or
hospital affiliate, as defined in the Hospital Licensing Act,
or those employed by a hospital operated under the University
of Illinois Hospital Act, who bills separately for medical or
forensic services must develop a billing protocol that ensures
that no survivor of sexual assault will be sent a bill for any
medical forensic services and submit the billing protocol to
the Office of the Attorney General for approval. Within 60
days after the commencement of the provision of medical
forensic services, every health care professional, except for
those employed by a hospital or hospital affiliate, as defined
in the Hospital Licensing Act, or those employed by a hospital
operated under the University of Illinois Hospital Act, who
bills separately for medical or forensic services must develop
a billing protocol that ensures that no survivor of sexual
assault is sent a bill for any medical forensic services and
submit the billing protocol to the Attorney General for
approval. Health care professionals who bill as a legal entity
may submit a single billing protocol for the billing entity.
    Within 60 days after the Department's approval of a
treatment plan, an approved pediatric health care facility and
any health care professional employed by an approved pediatric
health care facility must develop a billing protocol that
ensures that no survivor of sexual assault is sent a bill for
any medical forensic services and submit the billing protocol
to the Office of the Attorney General for approval.
     The billing protocol must include at a minimum:
        (1) a description of training for persons who prepare
    bills for medical and forensic services;
        (2) a written acknowledgement signed by a person who
    has completed the training that the person will not bill
    survivors of sexual assault;
        (3) prohibitions on submitting any bill for any
    portion of medical forensic services provided to a
    survivor of sexual assault to a collection agency;
        (4) prohibitions on taking any action that would
    adversely affect the credit of the survivor of sexual
    assault;
        (5) the termination of all collection activities if
    the protocol is violated; and
        (6) the actions to be taken if a bill is sent to a
    collection agency or the failure to pay is reported to any
    credit reporting agency.
    The Office of the Attorney General may provide a sample
acceptable billing protocol upon request.
    The Office of the Attorney General shall approve a
proposed protocol if it finds that the implementation of the
protocol would result in no survivor of sexual assault being
billed or sent a bill for medical forensic services.
    If the Office of the Attorney General determines that
implementation of the protocol could result in the billing of
a survivor of sexual assault for medical forensic services,
the Office of the Attorney General shall provide the health
care professional or approved pediatric health care facility
with a written statement of the deficiencies in the protocol.
The health care professional or approved pediatric health care
facility shall have 30 days to submit a revised billing
protocol addressing the deficiencies to the Office of the
Attorney General. The health care professional or approved
pediatric health care facility shall implement the protocol
upon approval by the Office of the Attorney General.
    The health care professional or approved pediatric health
care facility shall submit any proposed revision to or
modification of an approved billing protocol to the Office of
the Attorney General for approval. The health care
professional or approved pediatric health care facility shall
implement the revised or modified billing protocol upon
approval by the Office of the Illinois Attorney General.
    (e) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20;
101-652, eff. 7-1-21.)
 
    (410 ILCS 70/7.5-1)
    (Section scheduled to be repealed on June 30, 2021)
    Sec. 7.5-1. Prohibition on billing sexual assault
survivors directly for certain services; written notice;
billing protocols.
    (a) A hospital, approved pediatric health care facility,
approved federally qualified health center, health care
professional, ambulance provider, laboratory, or pharmacy
furnishing medical forensic services, transportation,
follow-up healthcare, or medication to a sexual assault
survivor shall not:
        (1) charge or submit a bill for any portion of the
    costs of the services, transportation, or medications to
    the sexual assault survivor, including any insurance
    deductible, co-pay, co-insurance, denial of claim by an
    insurer, spenddown, or any other out-of-pocket expense;
        (2) communicate with, harass, or intimidate the sexual
    assault survivor for payment of services, including, but
    not limited to, repeatedly calling or writing to the
    sexual assault survivor and threatening to refer the
    matter to a debt collection agency or to an attorney for
    collection, enforcement, or filing of other process;
        (3) refer a bill to a collection agency or attorney
    for collection action against the sexual assault survivor;
        (4) contact or distribute information to affect the
    sexual assault survivor's credit rating; or
        (5) take any other action adverse to the sexual
    assault survivor or his or her family on account of
    providing services to the sexual assault survivor.
    (b) Nothing in this Section precludes a hospital, health
care provider, ambulance provider, laboratory, or pharmacy
from billing the sexual assault survivor or any applicable
health insurance or coverage for inpatient services.
    (c) Every hospital, approved pediatric health care
facility, and approved federally qualified health center
providing treatment services to sexual assault survivors in
accordance with a plan approved under Section 2-1 of this Act
shall provide a written notice to a sexual assault survivor.
The written notice must include, but is not limited to, the
following:
        (1) a statement that the sexual assault survivor
    should not be directly billed by any ambulance provider
    providing transportation services, or by any hospital,
    approved pediatric health care facility, approved
    federally qualified health center, health care
    professional, laboratory, or pharmacy for the services the
    sexual assault survivor received as an outpatient at the
    hospital, approved pediatric health care facility, or
    approved federally qualified health center;
        (2) a statement that a sexual assault survivor who is
    admitted to a hospital may be billed for inpatient
    services provided by a hospital, health care professional,
    laboratory, or pharmacy;
        (3) a statement that prior to leaving the hospital,
    approved pediatric health care facility, or approved
    federally qualified health center, the hospital, approved
    pediatric health care facility, or approved federally
    qualified health center will give the sexual assault
    survivor a sexual assault services voucher for follow-up
    healthcare if the sexual assault survivor is eligible to
    receive a sexual assault services voucher;
        (4) the definition of "follow-up healthcare" as set
    forth in Section 1a-1 of this Act;
        (5) a phone number the sexual assault survivor may
    call should the sexual assault survivor receive a bill
    from the hospital, approved pediatric health care
    facility, or approved federally qualified health center
    for medical forensic services;
        (6) the toll-free phone number of the Office of the
    Illinois Attorney General, Crime Victim Services Division,
    which the sexual assault survivor may call should the
    sexual assault survivor receive a bill from an ambulance
    provider, approved pediatric health care facility,
    approved federally qualified health center, a health care
    professional, a laboratory, or a pharmacy.
    This subsection (c) shall not apply to hospitals that
provide transfer services as defined under Section 1a-1 of
this Act.
    (d) Within 60 days after the effective date of this
amendatory Act of the 101st General Assembly, every health
care professional, except for those employed by a hospital or
hospital affiliate, as defined in the Hospital Licensing Act,
or those employed by a hospital operated under the University
of Illinois Hospital Act, who bills separately for medical or
forensic services must develop a billing protocol that ensures
that no survivor of sexual assault will be sent a bill for any
medical forensic services and submit the billing protocol to
the Crime Victim Services Division of the Office of the
Attorney General for approval. Within 60 days after the
commencement of the provision of medical forensic services,
every health care professional, except for those employed by a
hospital or hospital affiliate, as defined in the Hospital
Licensing Act, or those employed by a hospital operated under
the University of Illinois Hospital Act, who bills separately
for medical or forensic services must develop a billing
protocol that ensures that no survivor of sexual assault is
sent a bill for any medical forensic services and submit the
billing protocol to the Crime Victim Services Division of the
Office of the Attorney General for approval. Health care
professionals who bill as a legal entity may submit a single
billing protocol for the billing entity.
    Within 60 days after the Department's approval of a
treatment plan, an approved pediatric health care facility and
any health care professional employed by an approved pediatric
health care facility must develop a billing protocol that
ensures that no survivor of sexual assault is sent a bill for
any medical forensic services and submit the billing protocol
to the Crime Victim Services Division of the Office of the
Attorney General for approval.
    Within 14 days after the Department's approval of a
treatment plan, an approved federally qualified health center
and any health care professional employed by an approved
federally qualified health center must develop a billing
protocol that ensures that no survivor of sexual assault is
sent a bill for any medical forensic services and submit the
billing protocol to the Crime Victim Services Division of the
Office of the Attorney General for approval.
    The billing protocol must include at a minimum:
        (1) a description of training for persons who prepare
    bills for medical and forensic services;
        (2) a written acknowledgement signed by a person who
    has completed the training that the person will not bill
    survivors of sexual assault;
        (3) prohibitions on submitting any bill for any
    portion of medical forensic services provided to a
    survivor of sexual assault to a collection agency;
        (4) prohibitions on taking any action that would
    adversely affect the credit of the survivor of sexual
    assault;
        (5) the termination of all collection activities if
    the protocol is violated; and
        (6) the actions to be taken if a bill is sent to a
    collection agency or the failure to pay is reported to any
    credit reporting agency.
    The Crime Victim Services Division of the Office of the
Attorney General may provide a sample acceptable billing
protocol upon request.
    The Office of the Attorney General shall approve a
proposed protocol if it finds that the implementation of the
protocol would result in no survivor of sexual assault being
billed or sent a bill for medical forensic services.
    If the Office of the Attorney General determines that
implementation of the protocol could result in the billing of
a survivor of sexual assault for medical forensic services,
the Office of the Attorney General shall provide the health
care professional or approved pediatric health care facility
with a written statement of the deficiencies in the protocol.
The health care professional or approved pediatric health care
facility shall have 30 days to submit a revised billing
protocol addressing the deficiencies to the Office of the
Attorney General. The health care professional or approved
pediatric health care facility shall implement the protocol
upon approval by the Crime Victim Services Division of the
Office of the Attorney General.
    The health care professional, approved pediatric health
care facility, or approved federally qualified health center
shall submit any proposed revision to or modification of an
approved billing protocol to the Crime Victim Services
Division of the Office of the Attorney General for approval.
The health care professional, approved pediatric health care
facility, or approved federally qualified health center shall
implement the revised or modified billing protocol upon
approval by the Crime Victim Services Division of the Office
of the Illinois Attorney General.
    (e) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/8)  (from Ch. 111 1/2, par. 87-8)
    Sec. 8. Penalties.
    (a) Any hospital or approved pediatric health care
facility violating any provisions of this Act other than
Section 7.5 shall be guilty of a petty offense for each
violation, and any fine imposed shall be paid into the general
corporate funds of the city, incorporated town or village in
which the hospital or approved pediatric health care facility
is located, or of the county, in case such hospital is outside
the limits of any incorporated municipality.
    (b) The Attorney General may seek the assessment of one or
more of the following civil monetary penalties in any action
filed under this Act where the hospital, approved pediatric
health care facility, health care professional, ambulance
provider, laboratory, or pharmacy knowingly violates Section
7.5 of the Act:
        (1) For willful violations of paragraphs (1), (2),
    (4), or (5) of subsection (a) of Section 7.5 or subsection
    (c) of Section 7.5, the civil monetary penalty shall not
    exceed $500 per violation.
        (2) For violations of paragraphs (1), (2), (4), or (5)
    of subsection (a) of Section 7.5 or subsection (c) of
    Section 7.5 involving a pattern or practice, the civil
    monetary penalty shall not exceed $500 per violation.
        (3) For violations of paragraph (3) of subsection (a)
    of Section 7.5, the civil monetary penalty shall not
    exceed $500 for each day the bill is with a collection
    agency.
        (4) For violations involving the failure to submit
    billing protocols within the time period required under
    subsection (d) of Section 7.5, the civil monetary penalty
    shall not exceed $100 per day until the health care
    professional or approved pediatric health care facility
    complies with subsection (d) of Section 7.5.
    All civil monetary penalties shall be deposited into the
Violent Crime Victims Assistance Fund.
    (c) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/8-1)
    (Section scheduled to be repealed on June 30, 2021)
    Sec. 8-1. Penalties.
    (a) Any hospital, approved pediatric health care facility,
or approved federally qualified health center violating any
provisions of this Act other than Section 7.5-1 shall be
guilty of a petty offense for each violation, and any fine
imposed shall be paid into the general corporate funds of the
city, incorporated town or village in which the hospital,
approved pediatric health care facility, or approved federally
qualified health center is located, or of the county, in case
such hospital is outside the limits of any incorporated
municipality.
    (b) The Attorney General may seek the assessment of one or
more of the following civil monetary penalties in any action
filed under this Act where the hospital, approved pediatric
health care facility, approved federally qualified health
center, health care professional, ambulance provider,
laboratory, or pharmacy knowingly violates Section 7.5-1 of
the Act:
        (1) For willful violations of paragraphs (1), (2),
    (4), or (5) of subsection (a) of Section 7.5-1 or
    subsection (c) of Section 7.5-1, the civil monetary
    penalty shall not exceed $500 per violation.
        (2) For violations of paragraphs (1), (2), (4), or (5)
    of subsection (a) of Section 7.5-1 or subsection (c) of
    Section 7.5-1 involving a pattern or practice, the civil
    monetary penalty shall not exceed $500 per violation.
        (3) For violations of paragraph (3) of subsection (a)
    of Section 7.5-1, the civil monetary penalty shall not
    exceed $500 for each day the bill is with a collection
    agency.
        (4) For violations involving the failure to submit
    billing protocols within the time period required under
    subsection (d) of Section 7.5-1, the civil monetary
    penalty shall not exceed $100 per day until the health
    care professional or approved pediatric health care
    facility complies with subsection (d) of Section 7.5-1.
    All civil monetary penalties shall be deposited into the
Violent Crime Victims Assistance Fund.
    (c) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/10)
    Sec. 10. Sexual Assault Nurse Examiner Program.
    (a) The Sexual Assault Nurse Examiner Program is
established within the Office of the Attorney General. The
Sexual Assault Nurse Examiner Program shall maintain a list of
sexual assault nurse examiners who have completed didactic and
clinical training requirements consistent with the Sexual
Assault Nurse Examiner Education Guidelines established by the
International Association of Forensic Nurses.
    (b) By March 1, 2019, the Sexual Assault Nurse Examiner
Program shall develop and make available to hospitals 2 hours
of online sexual assault training for emergency department
clinical staff to meet the training requirement established in
subsection (a) of Section 2. Notwithstanding any other law
regarding ongoing licensure requirements, such training shall
count toward the continuing medical education and continuing
nursing education credits for physicians, physician
assistants, advanced practice registered nurses, and
registered professional nurses.
    The Sexual Assault Nurse Examiner Program shall provide
didactic and clinical training opportunities consistent with
the Sexual Assault Nurse Examiner Education Guidelines
established by the International Association of Forensic
Nurses, in sufficient numbers and geographical locations
across the State, to assist hospitals with training the
necessary number of sexual assault nurse examiners to comply
with the requirement of this Act to employ or contract with a
qualified medical provider to initiate medical forensic
services to a sexual assault survivor within 90 minutes of the
patient presenting to the hospital as required in subsection
(a-7) of Section 5.
    The Sexual Assault Nurse Examiner Program shall assist
hospitals in establishing trainings to achieve the
requirements of this Act.
    For the purpose of providing continuing medical education
credit in accordance with the Medical Practice Act of 1987 and
administrative rules adopted under the Medical Practice Act of
1987 and continuing education credit in accordance with the
Nurse Practice Act and administrative rules adopted under the
Nurse Practice Act to health care professionals for the
completion of sexual assault training provided by the Sexual
Assault Nurse Examiner Program under this Act, the Office of
the Attorney General shall be considered a State agency.
    (c) The Sexual Assault Nurse Examiner Program, in
consultation with qualified medical providers, shall create
uniform materials that all treatment hospitals, treatment
hospitals with approved pediatric transfer, and approved
pediatric health care facilities are required to give patients
and non-offending parents or legal guardians, if applicable,
regarding the medical forensic exam procedure, laws regarding
consenting to medical forensic services, and the benefits and
risks of evidence collection, including recommended time
frames for evidence collection pursuant to evidence-based
research. These materials shall be made available to all
hospitals and approved pediatric health care facilities on the
Office of the Attorney General's website.
    (d) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
 
    (410 ILCS 70/10-1)
    (Section scheduled to be repealed on June 30, 2021)
    Sec. 10-1. Sexual Assault Nurse Examiner Program.
    (a) The Sexual Assault Nurse Examiner Program is
established within the Office of the Attorney General. The
Sexual Assault Nurse Examiner Program shall maintain a list of
sexual assault nurse examiners who have completed didactic and
clinical training requirements consistent with the Sexual
Assault Nurse Examiner Education Guidelines established by the
International Association of Forensic Nurses.
    (b) By March 1, 2019, the Sexual Assault Nurse Examiner
Program shall develop and make available to hospitals 2 hours
of online sexual assault training for emergency department
clinical staff to meet the training requirement established in
subsection (a) of Section 2-1. Notwithstanding any other law
regarding ongoing licensure requirements, such training shall
count toward the continuing medical education and continuing
nursing education credits for physicians, physician
assistants, advanced practice registered nurses, and
registered professional nurses.
    The Sexual Assault Nurse Examiner Program shall provide
didactic and clinical training opportunities consistent with
the Sexual Assault Nurse Examiner Education Guidelines
established by the International Association of Forensic
Nurses, in sufficient numbers and geographical locations
across the State, to assist hospitals with training the
necessary number of sexual assault nurse examiners to comply
with the requirement of this Act to employ or contract with a
qualified medical provider to initiate medical forensic
services to a sexual assault survivor within 90 minutes of the
patient presenting to the hospital as required in subsection
(a-7) of Section 5-1.
    The Sexual Assault Nurse Examiner Program shall assist
hospitals in establishing trainings to achieve the
requirements of this Act.
    For the purpose of providing continuing medical education
credit in accordance with the Medical Practice Act of 1987 and
administrative rules adopted under the Medical Practice Act of
1987 and continuing education credit in accordance with the
Nurse Practice Act and administrative rules adopted under the
Nurse Practice Act to health care professionals for the
completion of sexual assault training provided by the Sexual
Assault Nurse Examiner Program under this Act, the Office of
the Attorney General shall be considered a State agency.
    (c) The Sexual Assault Nurse Examiner Program, in
consultation with qualified medical providers, shall create
uniform materials that all treatment hospitals, treatment
hospitals with approved pediatric transfer, approved pediatric
health care facilities, and approved federally qualified
health centers are required to give patients and non-offending
parents or legal guardians, if applicable, regarding the
medical forensic exam procedure, laws regarding consenting to
medical forensic services, and the benefits and risks of
evidence collection, including recommended time frames for
evidence collection pursuant to evidence-based research. These
materials shall be made available to all hospitals, approved
pediatric health care facilities, and approved federally
qualified health centers on the Office of the Attorney
General's website.
    (d) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
 
    Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 106B-10 as follows:
 
    (725 ILCS 5/106B-10)
    Sec. 106B-10. Conditions for testimony by a victim who is
a child or a moderately, severely, or profoundly
intellectually disabled person or a person affected by a
developmental disability. In a prosecution of criminal sexual
assault, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal sexual abuse, or
aggravated criminal sexual abuse, or any violent crime as
defined in subsection (c) of Section 3 of the Rights of Crime
Victims and Witnesses Act, the court may set any conditions it
finds just and appropriate on the taking of testimony of a
victim who is a child under the age of 18 years or a
moderately, severely, or profoundly intellectually disabled
person or a person affected by a developmental disability,
involving the use of a facility dog in any proceeding
involving that offense. When deciding whether to permit the
child or person to testify with the assistance of a facility
dog, the court shall take into consideration the age of the
child or person, the rights of the parties to the litigation,
and any other relevant factor that would facilitate the
testimony by the child or the person. As used in this Section,
"facility dog" means a dog that is a graduate of an assistance
dog organization that is a member of Assistance Dogs
International.
(Source: P.A. 99-94, eff. 1-1-16.)
 
    Section 15. The Rights of Crime Victims and Witnesses Act
is amended by changing Sections 4.5, 7, and 9 as follows:
 
    (725 ILCS 120/4.5)
    (Text of Section before amendment by P.A. 101-652)
    Sec. 4.5. Procedures to implement the rights of crime
victims. To afford crime victims their rights, law
enforcement, prosecutors, judges, and corrections will provide
information, as appropriate, of the following procedures:
    (a) At the request of the crime victim, law enforcement
authorities investigating the case shall provide notice of the
status of the investigation, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation, until such time
as the alleged assailant is apprehended or the investigation
is closed.
    (a-5) When law enforcement authorities reopen a closed
case to resume investigating, they shall provide notice of the
reopening of the case, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation.
    (b) The office of the State's Attorney:
        (1) shall provide notice of the filing of an
    information, the return of an indictment, or the filing of
    a petition to adjudicate a minor as a delinquent for a
    violent crime;
        (2) shall provide timely notice of the date, time, and
    place of court proceedings; of any change in the date,
    time, and place of court proceedings; and of any
    cancellation of court proceedings. Notice shall be
    provided in sufficient time, wherever possible, for the
    victim to make arrangements to attend or to prevent an
    unnecessary appearance at court proceedings;
        (3) or victim advocate personnel shall provide
    information of social services and financial assistance
    available for victims of crime, including information of
    how to apply for these services and assistance;
        (3.5) or victim advocate personnel shall provide
    information about available victim services, including
    referrals to programs, counselors, and agencies that
    assist a victim to deal with trauma, loss, and grief;
        (4) shall assist in having any stolen or other
    personal property held by law enforcement authorities for
    evidentiary or other purposes returned as expeditiously as
    possible, pursuant to the procedures set out in Section
    115-9 of the Code of Criminal Procedure of 1963;
        (5) or victim advocate personnel shall provide
    appropriate employer intercession services to ensure that
    employers of victims will cooperate with the criminal
    justice system in order to minimize an employee's loss of
    pay and other benefits resulting from court appearances;
        (6) shall provide, whenever possible, a secure waiting
    area during court proceedings that does not require
    victims to be in close proximity to defendants or
    juveniles accused of a violent crime, and their families
    and friends;
        (7) shall provide notice to the crime victim of the
    right to have a translator present at all court
    proceedings and, in compliance with the federal Americans
    with Disabilities Act of 1990, the right to communications
    access through a sign language interpreter or by other
    means;
        (8) (blank);
        (8.5) shall inform the victim of the right to be
    present at all court proceedings, unless the victim is to
    testify and the court determines that the victim's
    testimony would be materially affected if the victim hears
    other testimony at trial;
        (9) shall inform the victim of the right to have
    present at all court proceedings, subject to the rules of
    evidence and confidentiality, an advocate and other
    support person of the victim's choice;
        (9.3) shall inform the victim of the right to retain
    an attorney, at the victim's own expense, who, upon
    written notice filed with the clerk of the court and
    State's Attorney, is to receive copies of all notices,
    motions, and court orders filed thereafter in the case, in
    the same manner as if the victim were a named party in the
    case;
        (9.5) shall inform the victim of (A) the victim's
    right under Section 6 of this Act to make a statement at
    the sentencing hearing; (B) the right of the victim's
    spouse, guardian, parent, grandparent, and other immediate
    family and household members under Section 6 of this Act
    to present a statement at sentencing; and (C) if a
    presentence report is to be prepared, the right of the
    victim's spouse, guardian, parent, grandparent, and other
    immediate family and household members to submit
    information to the preparer of the presentence report
    about the effect the offense has had on the victim and the
    person;
        (10) at the sentencing shall make a good faith attempt
    to explain the minimum amount of time during which the
    defendant may actually be physically imprisoned. The
    Office of the State's Attorney shall further notify the
    crime victim of the right to request from the Prisoner
    Review Board or Department of Juvenile Justice information
    concerning the release of the defendant;
        (11) shall request restitution at sentencing and as
    part of a plea agreement if the victim requests
    restitution;
        (12) shall, upon the court entering a verdict of not
    guilty by reason of insanity, inform the victim of the
    notification services available from the Department of
    Human Services, including the statewide telephone number,
    under subparagraph (d)(2) of this Section;
        (13) shall provide notice within a reasonable time
    after receipt of notice from the custodian, of the release
    of the defendant on bail or personal recognizance or the
    release from detention of a minor who has been detained;
        (14) shall explain in nontechnical language the
    details of any plea or verdict of a defendant, or any
    adjudication of a juvenile as a delinquent;
        (15) shall make all reasonable efforts to consult with
    the crime victim before the Office of the State's Attorney
    makes an offer of a plea bargain to the defendant or enters
    into negotiations with the defendant concerning a possible
    plea agreement, and shall consider the written statement,
    if prepared prior to entering into a plea agreement. The
    right to consult with the prosecutor does not include the
    right to veto a plea agreement or to insist the case go to
    trial. If the State's Attorney has not consulted with the
    victim prior to making an offer or entering into plea
    negotiations with the defendant, the Office of the State's
    Attorney shall notify the victim of the offer or the
    negotiations within 2 business days and confer with the
    victim;
        (16) shall provide notice of the ultimate disposition
    of the cases arising from an indictment or an information,
    or a petition to have a juvenile adjudicated as a
    delinquent for a violent crime;
        (17) shall provide notice of any appeal taken by the
    defendant and information on how to contact the
    appropriate agency handling the appeal, and how to request
    notice of any hearing, oral argument, or decision of an
    appellate court;
        (18) shall provide timely notice of any request for
    post-conviction review filed by the defendant under
    Article 122 of the Code of Criminal Procedure of 1963, and
    of the date, time and place of any hearing concerning the
    petition. Whenever possible, notice of the hearing shall
    be given within 48 hours of the court's scheduling of the
    hearing; and
        (19) shall forward a copy of any statement presented
    under Section 6 to the Prisoner Review Board or Department
    of Juvenile Justice to be considered in making a
    determination under Section 3-2.5-85 or subsection (b) of
    Section 3-3-8 of the Unified Code of Corrections.
    (c) The court shall ensure that the rights of the victim
are afforded.
    (c-5) The following procedures shall be followed to afford
victims the rights guaranteed by Article I, Section 8.1 of the
Illinois Constitution:
        (1) Written notice. A victim may complete a written
    notice of intent to assert rights on a form prepared by the
    Office of the Attorney General and provided to the victim
    by the State's Attorney. The victim may at any time
    provide a revised written notice to the State's Attorney.
    The State's Attorney shall file the written notice with
    the court. At the beginning of any court proceeding in
    which the right of a victim may be at issue, the court and
    prosecutor shall review the written notice to determine
    whether the victim has asserted the right that may be at
    issue.
        (2) Victim's retained attorney. A victim's attorney
    shall file an entry of appearance limited to assertion of
    the victim's rights. Upon the filing of the entry of
    appearance and service on the State's Attorney and the
    defendant, the attorney is to receive copies of all
    notices, motions and court orders filed thereafter in the
    case.
        (3) Standing. The victim has standing to assert the
    rights enumerated in subsection (a) of Article I, Section
    8.1 of the Illinois Constitution and the statutory rights
    under Section 4 of this Act in any court exercising
    jurisdiction over the criminal case. The prosecuting
    attorney, a victim, or the victim's retained attorney may
    assert the victim's rights. The defendant in the criminal
    case has no standing to assert a right of the victim in any
    court proceeding, including on appeal.
        (4) Assertion of and enforcement of rights.
            (A) The prosecuting attorney shall assert a
        victim's right or request enforcement of a right by
        filing a motion or by orally asserting the right or
        requesting enforcement in open court in the criminal
        case outside the presence of the jury. The prosecuting
        attorney shall consult with the victim and the
        victim's attorney regarding the assertion or
        enforcement of a right. If the prosecuting attorney
        decides not to assert or enforce a victim's right, the
        prosecuting attorney shall notify the victim or the
        victim's attorney in sufficient time to allow the
        victim or the victim's attorney to assert the right or
        to seek enforcement of a right.
            (B) If the prosecuting attorney elects not to
        assert a victim's right or to seek enforcement of a
        right, the victim or the victim's attorney may assert
        the victim's right or request enforcement of a right
        by filing a motion or by orally asserting the right or
        requesting enforcement in open court in the criminal
        case outside the presence of the jury.
            (C) If the prosecuting attorney asserts a victim's
        right or seeks enforcement of a right, and the court
        denies the assertion of the right or denies the
        request for enforcement of a right, the victim or
        victim's attorney may file a motion to assert the
        victim's right or to request enforcement of the right
        within 10 days of the court's ruling. The motion need
        not demonstrate the grounds for a motion for
        reconsideration. The court shall rule on the merits of
        the motion.
            (D) The court shall take up and decide any motion
        or request asserting or seeking enforcement of a
        victim's right without delay, unless a specific time
        period is specified by law or court rule. The reasons
        for any decision denying the motion or request shall
        be clearly stated on the record.
        (5) Violation of rights and remedies.
            (A) If the court determines that a victim's right
        has been violated, the court shall determine the
        appropriate remedy for the violation of the victim's
        right by hearing from the victim and the parties,
        considering all factors relevant to the issue, and
        then awarding appropriate relief to the victim.
            (A-5) Consideration of an issue of a substantive
        nature or an issue that implicates the constitutional
        or statutory right of a victim at a court proceeding
        labeled as a status hearing shall constitute a per se
        violation of a victim's right.
            (B) The appropriate remedy shall include only
        actions necessary to provide the victim the right to
        which the victim was entitled and may include
        reopening previously held proceedings; however, in no
        event shall the court vacate a conviction. Any remedy
        shall be tailored to provide the victim an appropriate
        remedy without violating any constitutional right of
        the defendant. In no event shall the appropriate
        remedy be a new trial, damages, or costs.
        (6) Right to be heard. Whenever a victim has the right
    to be heard, the court shall allow the victim to exercise
    the right in any reasonable manner the victim chooses.
        (7) Right to attend trial. A party must file a written
    motion to exclude a victim from trial at least 60 days
    prior to the date set for trial. The motion must state with
    specificity the reason exclusion is necessary to protect a
    constitutional right of the party, and must contain an
    offer of proof. The court shall rule on the motion within
    30 days. If the motion is granted, the court shall set
    forth on the record the facts that support its finding
    that the victim's testimony will be materially affected if
    the victim hears other testimony at trial.
        (8) Right to have advocate and support person present
    at court proceedings.
            (A) A party who intends to call an advocate as a
        witness at trial must seek permission of the court
        before the subpoena is issued. The party must file a
        written motion at least 90 days before trial that sets
        forth specifically the issues on which the advocate's
        testimony is sought and an offer of proof regarding
        (i) the content of the anticipated testimony of the
        advocate; and (ii) the relevance, admissibility, and
        materiality of the anticipated testimony. The court
        shall consider the motion and make findings within 30
        days of the filing of the motion. If the court finds by
        a preponderance of the evidence that: (i) the
        anticipated testimony is not protected by an absolute
        privilege; and (ii) the anticipated testimony contains
        relevant, admissible, and material evidence that is
        not available through other witnesses or evidence, the
        court shall issue a subpoena requiring the advocate to
        appear to testify at an in camera hearing. The
        prosecuting attorney and the victim shall have 15 days
        to seek appellate review before the advocate is
        required to testify at an ex parte in camera
        proceeding.
            The prosecuting attorney, the victim, and the
        advocate's attorney shall be allowed to be present at
        the ex parte in camera proceeding. If, after
        conducting the ex parte in camera hearing, the court
        determines that due process requires any testimony
        regarding confidential or privileged information or
        communications, the court shall provide to the
        prosecuting attorney, the victim, and the advocate's
        attorney a written memorandum on the substance of the
        advocate's testimony. The prosecuting attorney, the
        victim, and the advocate's attorney shall have 15 days
        to seek appellate review before a subpoena may be
        issued for the advocate to testify at trial. The
        presence of the prosecuting attorney at the ex parte
        in camera proceeding does not make the substance of
        the advocate's testimony that the court has ruled
        inadmissible subject to discovery.
            (B) If a victim has asserted the right to have a
        support person present at the court proceedings, the
        victim shall provide the name of the person the victim
        has chosen to be the victim's support person to the
        prosecuting attorney, within 60 days of trial. The
        prosecuting attorney shall provide the name to the
        defendant. If the defendant intends to call the
        support person as a witness at trial, the defendant
        must seek permission of the court before a subpoena is
        issued. The defendant must file a written motion at
        least 45 days prior to trial that sets forth
        specifically the issues on which the support person
        will testify and an offer of proof regarding: (i) the
        content of the anticipated testimony of the support
        person; and (ii) the relevance, admissibility, and
        materiality of the anticipated testimony.
            If the prosecuting attorney intends to call the
        support person as a witness during the State's
        case-in-chief, the prosecuting attorney shall inform
        the court of this intent in the response to the
        defendant's written motion. The victim may choose a
        different person to be the victim's support person.
        The court may allow the defendant to inquire about
        matters outside the scope of the direct examination
        during cross-examination. If the court allows the
        defendant to do so, the support person shall be
        allowed to remain in the courtroom after the support
        person has testified. A defendant who fails to
        question the support person about matters outside the
        scope of direct examination during the State's
        case-in-chief waives the right to challenge the
        presence of the support person on appeal. The court
        shall allow the support person to testify if called as
        a witness in the defendant's case-in-chief or the
        State's rebuttal.
            If the court does not allow the defendant to
        inquire about matters outside the scope of the direct
        examination, the support person shall be allowed to
        remain in the courtroom after the support person has
        been called by the defendant or the defendant has
        rested. The court shall allow the support person to
        testify in the State's rebuttal.
            If the prosecuting attorney does not intend to
        call the support person in the State's case-in-chief,
        the court shall verify with the support person whether
        the support person, if called as a witness, would
        testify as set forth in the offer of proof. If the
        court finds that the support person would testify as
        set forth in the offer of proof, the court shall rule
        on the relevance, materiality, and admissibility of
        the anticipated testimony. If the court rules the
        anticipated testimony is admissible, the court shall
        issue the subpoena. The support person may remain in
        the courtroom after the support person testifies and
        shall be allowed to testify in rebuttal.
            If the court excludes the victim's support person
        during the State's case-in-chief, the victim shall be
        allowed to choose another support person to be present
        in court.
            If the victim fails to designate a support person
        within 60 days of trial and the defendant has
        subpoenaed the support person to testify at trial, the
        court may exclude the support person from the trial
        until the support person testifies. If the court
        excludes the support person the victim may choose
        another person as a support person.
        (9) Right to notice and hearing before disclosure of
    confidential or privileged information or records. A
    defendant who seeks to subpoena records of or concerning
    the victim that are confidential or privileged by law must
    seek permission of the court before the subpoena is
    issued. The defendant must file a written motion and an
    offer of proof regarding the relevance, admissibility and
    materiality of the records. If the court finds by a
    preponderance of the evidence that: (A) the records are
    not protected by an absolute privilege and (B) the records
    contain relevant, admissible, and material evidence that
    is not available through other witnesses or evidence, the
    court shall issue a subpoena requiring a sealed copy of
    the records be delivered to the court to be reviewed in
    camera. If, after conducting an in camera review of the
    records, the court determines that due process requires
    disclosure of any portion of the records, the court shall
    provide copies of what it intends to disclose to the
    prosecuting attorney and the victim. The prosecuting
    attorney and the victim shall have 30 days to seek
    appellate review before the records are disclosed to the
    defendant. The disclosure of copies of any portion of the
    records to the prosecuting attorney does not make the
    records subject to discovery.
        (10) Right to notice of court proceedings. If the
    victim is not present at a court proceeding in which a
    right of the victim is at issue, the court shall ask the
    prosecuting attorney whether the victim was notified of
    the time, place, and purpose of the court proceeding and
    that the victim had a right to be heard at the court
    proceeding. If the court determines that timely notice was
    not given or that the victim was not adequately informed
    of the nature of the court proceeding, the court shall not
    rule on any substantive issues, accept a plea, or impose a
    sentence and shall continue the hearing for the time
    necessary to notify the victim of the time, place and
    nature of the court proceeding. The time between court
    proceedings shall not be attributable to the State under
    Section 103-5 of the Code of Criminal Procedure of 1963.
        (11) Right to timely disposition of the case. A victim
    has the right to timely disposition of the case so as to
    minimize the stress, cost, and inconvenience resulting
    from the victim's involvement in the case. Before ruling
    on a motion to continue trial or other court proceeding,
    the court shall inquire into the circumstances for the
    request for the delay and, if the victim has provided
    written notice of the assertion of the right to a timely
    disposition, and whether the victim objects to the delay.
    If the victim objects, the prosecutor shall inform the
    court of the victim's objections. If the prosecutor has
    not conferred with the victim about the continuance, the
    prosecutor shall inform the court of the attempts to
    confer. If the court finds the attempts of the prosecutor
    to confer with the victim were inadequate to protect the
    victim's right to be heard, the court shall give the
    prosecutor at least 3 but not more than 5 business days to
    confer with the victim. In ruling on a motion to continue,
    the court shall consider the reasons for the requested
    continuance, the number and length of continuances that
    have been granted, the victim's objections and procedures
    to avoid further delays. If a continuance is granted over
    the victim's objection, the court shall specify on the
    record the reasons for the continuance and the procedures
    that have been or will be taken to avoid further delays.
        (12) Right to Restitution.
            (A) If the victim has asserted the right to
        restitution and the amount of restitution is known at
        the time of sentencing, the court shall enter the
        judgment of restitution at the time of sentencing.
            (B) If the victim has asserted the right to
        restitution and the amount of restitution is not known
        at the time of sentencing, the prosecutor shall,
        within 5 days after sentencing, notify the victim what
        information and documentation related to restitution
        is needed and that the information and documentation
        must be provided to the prosecutor within 45 days
        after sentencing. Failure to timely provide
        information and documentation related to restitution
        shall be deemed a waiver of the right to restitution.
        The prosecutor shall file and serve within 60 days
        after sentencing a proposed judgment for restitution
        and a notice that includes information concerning the
        identity of any victims or other persons seeking
        restitution, whether any victim or other person
        expressly declines restitution, the nature and amount
        of any damages together with any supporting
        documentation, a restitution amount recommendation,
        and the names of any co-defendants and their case
        numbers. Within 30 days after receipt of the proposed
        judgment for restitution, the defendant shall file any
        objection to the proposed judgment, a statement of
        grounds for the objection, and a financial statement.
        If the defendant does not file an objection, the court
        may enter the judgment for restitution without further
        proceedings. If the defendant files an objection and
        either party requests a hearing, the court shall
        schedule a hearing.
        (13) Access to presentence reports.
            (A) The victim may request a copy of the
        presentence report prepared under the Unified Code of
        Corrections from the State's Attorney. The State's
        Attorney shall redact the following information before
        providing a copy of the report:
                (i) the defendant's mental history and
            condition;
                (ii) any evaluation prepared under subsection
            (b) or (b-5) of Section 5-3-2; and
                (iii) the name, address, phone number, and
            other personal information about any other victim.
            (B) The State's Attorney or the defendant may
        request the court redact other information in the
        report that may endanger the safety of any person.
            (C) The State's Attorney may orally disclose to
        the victim any of the information that has been
        redacted if there is a reasonable likelihood that the
        information will be stated in court at the sentencing.
            (D) The State's Attorney must advise the victim
        that the victim must maintain the confidentiality of
        the report and other information. Any dissemination of
        the report or information that was not stated at a
        court proceeding constitutes indirect criminal
        contempt of court.
        (14) Appellate relief. If the trial court denies the
    relief requested, the victim, the victim's attorney, or
    the prosecuting attorney may file an appeal within 30 days
    of the trial court's ruling. The trial or appellate court
    may stay the court proceedings if the court finds that a
    stay would not violate a constitutional right of the
    defendant. If the appellate court denies the relief
    sought, the reasons for the denial shall be clearly stated
    in a written opinion. In any appeal in a criminal case, the
    State may assert as error the court's denial of any crime
    victim's right in the proceeding to which the appeal
    relates.
        (15) Limitation on appellate relief. In no case shall
    an appellate court provide a new trial to remedy the
    violation of a victim's right.
        (16) The right to be reasonably protected from the
    accused throughout the criminal justice process and the
    right to have the safety of the victim and the victim's
    family considered in denying or fixing the amount of bail,
    determining whether to release the defendant, and setting
    conditions of release after arrest and conviction. A
    victim of domestic violence, a sexual offense, or stalking
    may request the entry of a protective order under Article
    112A of the Code of Criminal Procedure of 1963.
    (d) Procedures after the imposition of sentence.
        (1) The Prisoner Review Board shall inform a victim or
    any other concerned citizen, upon written request, of the
    prisoner's release on parole, mandatory supervised
    release, electronic detention, work release, international
    transfer or exchange, or by the custodian, other than the
    Department of Juvenile Justice, of the discharge of any
    individual who was adjudicated a delinquent for a crime
    from State custody and by the sheriff of the appropriate
    county of any such person's final discharge from county
    custody. The Prisoner Review Board, upon written request,
    shall provide to a victim or any other concerned citizen a
    recent photograph of any person convicted of a felony,
    upon his or her release from custody. The Prisoner Review
    Board, upon written request, shall inform a victim or any
    other concerned citizen when feasible at least 7 days
    prior to the prisoner's release on furlough of the times
    and dates of such furlough. Upon written request by the
    victim or any other concerned citizen, the State's
    Attorney shall notify the person once of the times and
    dates of release of a prisoner sentenced to periodic
    imprisonment. Notification shall be based on the most
    recent information as to victim's or other concerned
    citizen's residence or other location available to the
    notifying authority.
        (2) When the defendant has been committed to the
    Department of Human Services pursuant to Section 5-2-4 or
    any other provision of the Unified Code of Corrections,
    the victim may request to be notified by the releasing
    authority of the approval by the court of an on-grounds
    pass, a supervised off-grounds pass, an unsupervised
    off-grounds pass, or conditional release; the release on
    an off-grounds pass; the return from an off-grounds pass;
    transfer to another facility; conditional release; escape;
    death; or final discharge from State custody. The
    Department of Human Services shall establish and maintain
    a statewide telephone number to be used by victims to make
    notification requests under these provisions and shall
    publicize this telephone number on its website and to the
    State's Attorney of each county.
        (3) In the event of an escape from State custody, the
    Department of Corrections or the Department of Juvenile
    Justice immediately shall notify the Prisoner Review Board
    of the escape and the Prisoner Review Board shall notify
    the victim. The notification shall be based upon the most
    recent information as to the victim's residence or other
    location available to the Board. When no such information
    is available, the Board shall make all reasonable efforts
    to obtain the information and make the notification. When
    the escapee is apprehended, the Department of Corrections
    or the Department of Juvenile Justice immediately shall
    notify the Prisoner Review Board and the Board shall
    notify the victim.
        (4) The victim of the crime for which the prisoner has
    been sentenced has the right to register with the Prisoner
    Review Board's victim registry. Victims registered with
    the Board shall receive reasonable written notice not less
    than 30 days prior to the parole hearing or target
    aftercare release date. The victim has the right to submit
    a victim statement for consideration by the Prisoner
    Review Board or the Department of Juvenile Justice in
    writing, on film, videotape, or other electronic means, or
    in the form of a recording prior to the parole hearing or
    target aftercare release date, or in person at the parole
    hearing or aftercare release protest hearing, or by
    calling the toll-free number established in subsection (f)
    of this Section., The victim shall be notified within 7
    days after the prisoner has been granted parole or
    aftercare release and shall be informed of the right to
    inspect the registry of parole decisions, established
    under subsection (g) of Section 3-3-5 of the Unified Code
    of Corrections. The provisions of this paragraph (4) are
    subject to the Open Parole Hearings Act. Victim statements
    provided to the Board shall be confidential and
    privileged, including any statements received prior to
    January 1, 2020 (the effective date of Public Act 101-288)
    this amendatory Act of the 101st General Assembly, except
    if the statement was an oral statement made by the victim
    at a hearing open to the public.
        (4-1) The crime victim has the right to submit a
    victim statement for consideration by the Prisoner Review
    Board or the Department of Juvenile Justice prior to or at
    a hearing to determine the conditions of mandatory
    supervised release of a person sentenced to a determinate
    sentence or at a hearing on revocation of mandatory
    supervised release of a person sentenced to a determinate
    sentence. A victim statement may be submitted in writing,
    on film, videotape, or other electronic means, or in the
    form of a recording, or orally at a hearing, or by calling
    the toll-free number established in subsection (f) of this
    Section. Victim statements provided to the Board shall be
    confidential and privileged, including any statements
    received prior to January 1, 2020 (the effective date of
    Public Act 101-288) this amendatory Act of the 101st
    General Assembly, except if the statement was an oral
    statement made by the victim at a hearing open to the
    public.
        (4-2) The crime victim has the right to submit a
    victim statement to the Prisoner Review Board for
    consideration at an executive clemency hearing as provided
    in Section 3-3-13 of the Unified Code of Corrections. A
    victim statement may be submitted in writing, on film,
    videotape, or other electronic means, or in the form of a
    recording prior to a hearing, or orally at a hearing, or by
    calling the toll-free number established in subsection (f)
    of this Section. Victim statements provided to the Board
    shall be confidential and privileged, including any
    statements received prior to January 1, 2020 (the
    effective date of Public Act 101-288) this amendatory Act
    of the 101st General Assembly, except if the statement was
    an oral statement made by the victim at a hearing open to
    the public.
        (5) If a statement is presented under Section 6, the
    Prisoner Review Board or Department of Juvenile Justice
    shall inform the victim of any order of discharge pursuant
    to Section 3-2.5-85 or 3-3-8 of the Unified Code of
    Corrections.
        (6) At the written or oral request of the victim of the
    crime for which the prisoner was sentenced or the State's
    Attorney of the county where the person seeking parole or
    aftercare release was prosecuted, the Prisoner Review
    Board or Department of Juvenile Justice shall notify the
    victim and the State's Attorney of the county where the
    person seeking parole or aftercare release was prosecuted
    of the death of the prisoner if the prisoner died while on
    parole or aftercare release or mandatory supervised
    release.
        (7) When a defendant who has been committed to the
    Department of Corrections, the Department of Juvenile
    Justice, or the Department of Human Services is released
    or discharged and subsequently committed to the Department
    of Human Services as a sexually violent person and the
    victim had requested to be notified by the releasing
    authority of the defendant's discharge, conditional
    release, death, or escape from State custody, the
    releasing authority shall provide to the Department of
    Human Services such information that would allow the
    Department of Human Services to contact the victim.
        (8) When a defendant has been convicted of a sex
    offense as defined in Section 2 of the Sex Offender
    Registration Act and has been sentenced to the Department
    of Corrections or the Department of Juvenile Justice, the
    Prisoner Review Board or the Department of Juvenile
    Justice shall notify the victim of the sex offense of the
    prisoner's eligibility for release on parole, aftercare
    release, mandatory supervised release, electronic
    detention, work release, international transfer or
    exchange, or by the custodian of the discharge of any
    individual who was adjudicated a delinquent for a sex
    offense from State custody and by the sheriff of the
    appropriate county of any such person's final discharge
    from county custody. The notification shall be made to the
    victim at least 30 days, whenever possible, before release
    of the sex offender.
    (e) The officials named in this Section may satisfy some
or all of their obligations to provide notices and other
information through participation in a statewide victim and
witness notification system established by the Attorney
General under Section 8.5 of this Act.
    (f) The Prisoner Review Board shall establish a toll-free
number that may be accessed by the crime victim to present a
victim statement to the Board in accordance with paragraphs
(4), (4-1), and (4-2) of subsection (d).
(Source: P.A. 100-199, eff. 1-1-18; 100-961, eff. 1-1-19;
101-81, eff. 7-12-19; 101-288, eff. 1-1-20; revised 9-23-19.)
 
    (Text of Section after amendment by P.A. 101-652)
    Sec. 4.5. Procedures to implement the rights of crime
victims. To afford crime victims their rights, law
enforcement, prosecutors, judges, and corrections will provide
information, as appropriate, of the following procedures:
    (a) At the request of the crime victim, law enforcement
authorities investigating the case shall provide notice of the
status of the investigation, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation, until such time
as the alleged assailant is apprehended or the investigation
is closed.
    (a-5) When law enforcement authorities reopen a closed
case to resume investigating, they shall provide notice of the
reopening of the case, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation.
    (b) The office of the State's Attorney:
        (1) shall provide notice of the filing of an
    information, the return of an indictment, or the filing of
    a petition to adjudicate a minor as a delinquent for a
    violent crime;
        (2) shall provide timely notice of the date, time, and
    place of court proceedings; of any change in the date,
    time, and place of court proceedings; and of any
    cancellation of court proceedings. Notice shall be
    provided in sufficient time, wherever possible, for the
    victim to make arrangements to attend or to prevent an
    unnecessary appearance at court proceedings;
        (3) or victim advocate personnel shall provide
    information of social services and financial assistance
    available for victims of crime, including information of
    how to apply for these services and assistance;
        (3.5) or victim advocate personnel shall provide
    information about available victim services, including
    referrals to programs, counselors, and agencies that
    assist a victim to deal with trauma, loss, and grief;
        (4) shall assist in having any stolen or other
    personal property held by law enforcement authorities for
    evidentiary or other purposes returned as expeditiously as
    possible, pursuant to the procedures set out in Section
    115-9 of the Code of Criminal Procedure of 1963;
        (5) or victim advocate personnel shall provide
    appropriate employer intercession services to ensure that
    employers of victims will cooperate with the criminal
    justice system in order to minimize an employee's loss of
    pay and other benefits resulting from court appearances;
        (6) shall provide, whenever possible, a secure waiting
    area during court proceedings that does not require
    victims to be in close proximity to defendants or
    juveniles accused of a violent crime, and their families
    and friends;
        (7) shall provide notice to the crime victim of the
    right to have a translator present at all court
    proceedings and, in compliance with the federal Americans
    with Disabilities Act of 1990, the right to communications
    access through a sign language interpreter or by other
    means;
        (8) (blank);
        (8.5) shall inform the victim of the right to be
    present at all court proceedings, unless the victim is to
    testify and the court determines that the victim's
    testimony would be materially affected if the victim hears
    other testimony at trial;
        (9) shall inform the victim of the right to have
    present at all court proceedings, subject to the rules of
    evidence and confidentiality, an advocate and other
    support person of the victim's choice;
        (9.3) shall inform the victim of the right to retain
    an attorney, at the victim's own expense, who, upon
    written notice filed with the clerk of the court and
    State's Attorney, is to receive copies of all notices,
    motions, and court orders filed thereafter in the case, in
    the same manner as if the victim were a named party in the
    case;
        (9.5) shall inform the victim of (A) the victim's
    right under Section 6 of this Act to make a statement at
    the sentencing hearing; (B) the right of the victim's
    spouse, guardian, parent, grandparent, and other immediate
    family and household members under Section 6 of this Act
    to present a statement at sentencing; and (C) if a
    presentence report is to be prepared, the right of the
    victim's spouse, guardian, parent, grandparent, and other
    immediate family and household members to submit
    information to the preparer of the presentence report
    about the effect the offense has had on the victim and the
    person;
        (10) at the sentencing shall make a good faith attempt
    to explain the minimum amount of time during which the
    defendant may actually be physically imprisoned. The
    Office of the State's Attorney shall further notify the
    crime victim of the right to request from the Prisoner
    Review Board or Department of Juvenile Justice information
    concerning the release of the defendant;
        (11) shall request restitution at sentencing and as
    part of a plea agreement if the victim requests
    restitution;
        (12) shall, upon the court entering a verdict of not
    guilty by reason of insanity, inform the victim of the
    notification services available from the Department of
    Human Services, including the statewide telephone number,
    under subparagraph (d)(2) of this Section;
        (13) shall provide notice within a reasonable time
    after receipt of notice from the custodian, of the release
    of the defendant on pretrial release or personal
    recognizance or the release from detention of a minor who
    has been detained;
        (14) shall explain in nontechnical language the
    details of any plea or verdict of a defendant, or any
    adjudication of a juvenile as a delinquent;
        (15) shall make all reasonable efforts to consult with
    the crime victim before the Office of the State's Attorney
    makes an offer of a plea bargain to the defendant or enters
    into negotiations with the defendant concerning a possible
    plea agreement, and shall consider the written statement,
    if prepared prior to entering into a plea agreement. The
    right to consult with the prosecutor does not include the
    right to veto a plea agreement or to insist the case go to
    trial. If the State's Attorney has not consulted with the
    victim prior to making an offer or entering into plea
    negotiations with the defendant, the Office of the State's
    Attorney shall notify the victim of the offer or the
    negotiations within 2 business days and confer with the
    victim;
        (16) shall provide notice of the ultimate disposition
    of the cases arising from an indictment or an information,
    or a petition to have a juvenile adjudicated as a
    delinquent for a violent crime;
        (17) shall provide notice of any appeal taken by the
    defendant and information on how to contact the
    appropriate agency handling the appeal, and how to request
    notice of any hearing, oral argument, or decision of an
    appellate court;
        (18) shall provide timely notice of any request for
    post-conviction review filed by the defendant under
    Article 122 of the Code of Criminal Procedure of 1963, and
    of the date, time and place of any hearing concerning the
    petition. Whenever possible, notice of the hearing shall
    be given within 48 hours of the court's scheduling of the
    hearing; and
        (19) shall forward a copy of any statement presented
    under Section 6 to the Prisoner Review Board or Department
    of Juvenile Justice to be considered in making a
    determination under Section 3-2.5-85 or subsection (b) of
    Section 3-3-8 of the Unified Code of Corrections; .
        (20) shall, within a reasonable time, offer to meet
    with the crime victim regarding the decision of the
    State's Attorney not to charge an offense, and shall meet
    with the victim, if the victim agrees. The victim has a
    right to have an attorney, advocate, and other support
    person of the victim's choice attend this meeting with the
    victim; and
        (21) shall give the crime victim timely notice of any
    decision not to pursue charges and consider the safety of
    the victim when deciding how to give such notice.
    (c) The court shall ensure that the rights of the victim
are afforded.
    (c-5) The following procedures shall be followed to afford
victims the rights guaranteed by Article I, Section 8.1 of the
Illinois Constitution:
        (1) Written notice. A victim may complete a written
    notice of intent to assert rights on a form prepared by the
    Office of the Attorney General and provided to the victim
    by the State's Attorney. The victim may at any time
    provide a revised written notice to the State's Attorney.
    The State's Attorney shall file the written notice with
    the court. At the beginning of any court proceeding in
    which the right of a victim may be at issue, the court and
    prosecutor shall review the written notice to determine
    whether the victim has asserted the right that may be at
    issue.
        (2) Victim's retained attorney. A victim's attorney
    shall file an entry of appearance limited to assertion of
    the victim's rights. Upon the filing of the entry of
    appearance and service on the State's Attorney and the
    defendant, the attorney is to receive copies of all
    notices, motions and court orders filed thereafter in the
    case.
        (3) Standing. The victim has standing to assert the
    rights enumerated in subsection (a) of Article I, Section
    8.1 of the Illinois Constitution and the statutory rights
    under Section 4 of this Act in any court exercising
    jurisdiction over the criminal case. The prosecuting
    attorney, a victim, or the victim's retained attorney may
    assert the victim's rights. The defendant in the criminal
    case has no standing to assert a right of the victim in any
    court proceeding, including on appeal.
        (4) Assertion of and enforcement of rights.
            (A) The prosecuting attorney shall assert a
        victim's right or request enforcement of a right by
        filing a motion or by orally asserting the right or
        requesting enforcement in open court in the criminal
        case outside the presence of the jury. The prosecuting
        attorney shall consult with the victim and the
        victim's attorney regarding the assertion or
        enforcement of a right. If the prosecuting attorney
        decides not to assert or enforce a victim's right, the
        prosecuting attorney shall notify the victim or the
        victim's attorney in sufficient time to allow the
        victim or the victim's attorney to assert the right or
        to seek enforcement of a right.
            (B) If the prosecuting attorney elects not to
        assert a victim's right or to seek enforcement of a
        right, the victim or the victim's attorney may assert
        the victim's right or request enforcement of a right
        by filing a motion or by orally asserting the right or
        requesting enforcement in open court in the criminal
        case outside the presence of the jury.
            (C) If the prosecuting attorney asserts a victim's
        right or seeks enforcement of a right, unless the
        prosecuting attorney objects or the trial court does
        not allow it, the victim or the victim's attorney may
        be heard regarding the prosecuting attorney's motion
        or may file a simultaneous motion to assert or request
        enforcement of the victim's right. If the victim or
        the victim's attorney was not allowed to be heard at
        the hearing regarding the prosecuting attorney's
        motion, and the court denies the prosecuting
        attorney's assertion of the right or denies the
        request for enforcement of a right, the victim or
        victim's attorney may file a motion to assert the
        victim's right or to request enforcement of the right
        within 10 days of the court's ruling. The motion need
        not demonstrate the grounds for a motion for
        reconsideration. The court shall rule on the merits of
        the motion.
            (D) The court shall take up and decide any motion
        or request asserting or seeking enforcement of a
        victim's right without delay, unless a specific time
        period is specified by law or court rule. The reasons
        for any decision denying the motion or request shall
        be clearly stated on the record.
            (E) No later than January 1, 2023, the Office of
        the Attorney General shall:
                (i) designate an administrative authority
            within the Office of the Attorney General to
            receive and investigate complaints relating to the
            provision or violation of the rights of a crime
            victim as described in Article I, Section 8.1 of
            the Illinois Constitution and in this Act;
                (ii) create and administer a course of
            training for employees and offices of the State of
            Illinois that fail to comply with provisions of
            Illinois law pertaining to the treatment of crime
            victims as described in Article I, Section 8.1 of
            the Illinois Constitution and in this Act as
            required by the court under Section 5 of this Act;
            and
                (iii) have the authority to make
            recommendations to employees and offices of the
            State of Illinois to respond more effectively to
            the needs of crime victims, including regarding
            the violation of the rights of a crime victim.
            (F) Crime victims' rights may also be asserted by
        filing a complaint for mandamus, injunctive, or
        declaratory relief in the jurisdiction in which the
        victim's right is being violated or where the crime is
        being prosecuted. For complaints or motions filed by
        or on behalf of the victim, the clerk of court shall
        waive filing fees that would otherwise be owed by the
        victim for any court filing with the purpose of
        enforcing crime victims' rights. If the court denies
        the relief sought by the victim, the reasons for the
        denial shall be clearly stated on the record in the
        transcript of the proceedings, in a written opinion,
        or in the docket entry, and the victim may appeal the
        circuit court's decision to the appellate court. The
        court shall issue prompt rulings regarding victims'
        rights. Proceedings seeking to enforce victims' rights
        shall not be stayed or subject to unreasonable delay
        via continuances.
        (5) Violation of rights and remedies.
            (A) If the court determines that a victim's right
        has been violated, the court shall determine the
        appropriate remedy for the violation of the victim's
        right by hearing from the victim and the parties,
        considering all factors relevant to the issue, and
        then awarding appropriate relief to the victim.
            (A-5) Consideration of an issue of a substantive
        nature or an issue that implicates the constitutional
        or statutory right of a victim at a court proceeding
        labeled as a status hearing shall constitute a per se
        violation of a victim's right.
            (B) The appropriate remedy shall include only
        actions necessary to provide the victim the right to
        which the victim was entitled. Remedies may include,
        but are not limited to: injunctive relief requiring
        the victim's right to be afforded; declaratory
        judgment recognizing or clarifying the victim's
        rights; a writ of mandamus; and may include reopening
        previously held proceedings; however, in no event
        shall the court vacate a conviction. Any remedy shall
        be tailored to provide the victim an appropriate
        remedy without violating any constitutional right of
        the defendant. In no event shall the appropriate
        remedy to the victim be a new trial or , damages, or
        costs.
        The court shall impose a mandatory training course
    provided by the Attorney General for the employee under
    item (ii) of subparagraph (E) of paragraph (4), which must
    be successfully completed within 6 months of the entry of
    the court order.
        This paragraph (5) takes effect January 2, 2023.
        (6) Right to be heard. Whenever a victim has the right
    to be heard, the court shall allow the victim to exercise
    the right in any reasonable manner the victim chooses.
        (7) Right to attend trial. A party must file a written
    motion to exclude a victim from trial at least 60 days
    prior to the date set for trial. The motion must state with
    specificity the reason exclusion is necessary to protect a
    constitutional right of the party, and must contain an
    offer of proof. The court shall rule on the motion within
    30 days. If the motion is granted, the court shall set
    forth on the record the facts that support its finding
    that the victim's testimony will be materially affected if
    the victim hears other testimony at trial.
        (8) Right to have advocate and support person present
    at court proceedings.
            (A) A party who intends to call an advocate as a
        witness at trial must seek permission of the court
        before the subpoena is issued. The party must file a
        written motion at least 90 days before trial that sets
        forth specifically the issues on which the advocate's
        testimony is sought and an offer of proof regarding
        (i) the content of the anticipated testimony of the
        advocate; and (ii) the relevance, admissibility, and
        materiality of the anticipated testimony. The court
        shall consider the motion and make findings within 30
        days of the filing of the motion. If the court finds by
        a preponderance of the evidence that: (i) the
        anticipated testimony is not protected by an absolute
        privilege; and (ii) the anticipated testimony contains
        relevant, admissible, and material evidence that is
        not available through other witnesses or evidence, the
        court shall issue a subpoena requiring the advocate to
        appear to testify at an in camera hearing. The
        prosecuting attorney and the victim shall have 15 days
        to seek appellate review before the advocate is
        required to testify at an ex parte in camera
        proceeding.
            The prosecuting attorney, the victim, and the
        advocate's attorney shall be allowed to be present at
        the ex parte in camera proceeding. If, after
        conducting the ex parte in camera hearing, the court
        determines that due process requires any testimony
        regarding confidential or privileged information or
        communications, the court shall provide to the
        prosecuting attorney, the victim, and the advocate's
        attorney a written memorandum on the substance of the
        advocate's testimony. The prosecuting attorney, the
        victim, and the advocate's attorney shall have 15 days
        to seek appellate review before a subpoena may be
        issued for the advocate to testify at trial. The
        presence of the prosecuting attorney at the ex parte
        in camera proceeding does not make the substance of
        the advocate's testimony that the court has ruled
        inadmissible subject to discovery.
            (B) If a victim has asserted the right to have a
        support person present at the court proceedings, the
        victim shall provide the name of the person the victim
        has chosen to be the victim's support person to the
        prosecuting attorney, within 60 days of trial. The
        prosecuting attorney shall provide the name to the
        defendant. If the defendant intends to call the
        support person as a witness at trial, the defendant
        must seek permission of the court before a subpoena is
        issued. The defendant must file a written motion at
        least 45 days prior to trial that sets forth
        specifically the issues on which the support person
        will testify and an offer of proof regarding: (i) the
        content of the anticipated testimony of the support
        person; and (ii) the relevance, admissibility, and
        materiality of the anticipated testimony.
            If the prosecuting attorney intends to call the
        support person as a witness during the State's
        case-in-chief, the prosecuting attorney shall inform
        the court of this intent in the response to the
        defendant's written motion. The victim may choose a
        different person to be the victim's support person.
        The court may allow the defendant to inquire about
        matters outside the scope of the direct examination
        during cross-examination. If the court allows the
        defendant to do so, the support person shall be
        allowed to remain in the courtroom after the support
        person has testified. A defendant who fails to
        question the support person about matters outside the
        scope of direct examination during the State's
        case-in-chief waives the right to challenge the
        presence of the support person on appeal. The court
        shall allow the support person to testify if called as
        a witness in the defendant's case-in-chief or the
        State's rebuttal.
            If the court does not allow the defendant to
        inquire about matters outside the scope of the direct
        examination, the support person shall be allowed to
        remain in the courtroom after the support person has
        been called by the defendant or the defendant has
        rested. The court shall allow the support person to
        testify in the State's rebuttal.
            If the prosecuting attorney does not intend to
        call the support person in the State's case-in-chief,
        the court shall verify with the support person whether
        the support person, if called as a witness, would
        testify as set forth in the offer of proof. If the
        court finds that the support person would testify as
        set forth in the offer of proof, the court shall rule
        on the relevance, materiality, and admissibility of
        the anticipated testimony. If the court rules the
        anticipated testimony is admissible, the court shall
        issue the subpoena. The support person may remain in
        the courtroom after the support person testifies and
        shall be allowed to testify in rebuttal.
            If the court excludes the victim's support person
        during the State's case-in-chief, the victim shall be
        allowed to choose another support person to be present
        in court.
            If the victim fails to designate a support person
        within 60 days of trial and the defendant has
        subpoenaed the support person to testify at trial, the
        court may exclude the support person from the trial
        until the support person testifies. If the court
        excludes the support person the victim may choose
        another person as a support person.
        (9) Right to notice and hearing before disclosure of
    confidential or privileged information or records.
            (A) A defendant who seeks to subpoena testimony or
        records of or concerning the victim that are
        confidential or privileged by law must seek permission
        of the court before the subpoena is issued. The
        defendant must file a written motion and an offer of
        proof regarding the relevance, admissibility and
        materiality of the testimony or records. If the court
        finds by a preponderance of the evidence that:
                (i) (A) the testimony or records are not
            protected by an absolute privilege and
                (ii) (B) the testimony or records contain
            relevant, admissible, and material evidence that
            is not available through other witnesses or
            evidence, the court shall issue a subpoena
            requiring the witness to appear in camera or a
            sealed copy of the records be delivered to the
            court to be reviewed in camera. If, after
            conducting an in camera review of the witness
            statement or records, the court determines that
            due process requires disclosure of any potential
            testimony or any portion of the records, the court
            shall provide copies of the records that what it
            intends to disclose to the prosecuting attorney
            and the victim. The prosecuting attorney and the
            victim shall have 30 days to seek appellate review
            before the records are disclosed to the defendant,
            used in any court proceeding, or disclosed to
            anyone or in any way that would subject the
            testimony or records to public review. The
            disclosure of copies of any portion of the
            testimony or records to the prosecuting attorney
            under this Section does not make the records
            subject to discovery or required to be provided to
            the defendant.
            (B) A prosecuting attorney who seeks to subpoena
        information or records concerning the victim that are
        confidential or privileged by law must first request
        the written consent of the crime victim. If the victim
        does not provide such written consent, including where
        necessary the appropriate signed document required for
        waiving privilege, the prosecuting attorney must serve
        the subpoena at least 21 days prior to the date a
        response or appearance is required to allow the
        subject of the subpoena time to file a motion to quash
        or request a hearing. The prosecuting attorney must
        also send a written notice to the victim at least 21
        days prior to the response date to allow the victim to
        file a motion or request a hearing. The notice to the
        victim shall inform the victim (i) that a subpoena has
        been issued for confidential information or records
        concerning the victim, (ii) that the victim has the
        right to request a hearing prior to the response date
        of the subpoena, and (iii) how to request the hearing.
        The notice to the victim shall also include a copy of
        the subpoena. If requested, a hearing regarding the
        subpoena shall occur before information or records are
        provided to the prosecuting attorney.
        (10) Right to notice of court proceedings. If the
    victim is not present at a court proceeding in which a
    right of the victim is at issue, the court shall ask the
    prosecuting attorney whether the victim was notified of
    the time, place, and purpose of the court proceeding and
    that the victim had a right to be heard at the court
    proceeding. If the court determines that timely notice was
    not given or that the victim was not adequately informed
    of the nature of the court proceeding, the court shall not
    rule on any substantive issues, accept a plea, or impose a
    sentence and shall continue the hearing for the time
    necessary to notify the victim of the time, place and
    nature of the court proceeding. The time between court
    proceedings shall not be attributable to the State under
    Section 103-5 of the Code of Criminal Procedure of 1963.
        (11) Right to timely disposition of the case. A victim
    has the right to timely disposition of the case so as to
    minimize the stress, cost, and inconvenience resulting
    from the victim's involvement in the case. Before ruling
    on a motion to continue trial or other court proceeding,
    the court shall inquire into the circumstances for the
    request for the delay and, if the victim has provided
    written notice of the assertion of the right to a timely
    disposition, and whether the victim objects to the delay.
    If the victim objects, the prosecutor shall inform the
    court of the victim's objections. If the prosecutor has
    not conferred with the victim about the continuance, the
    prosecutor shall inform the court of the attempts to
    confer. If the court finds the attempts of the prosecutor
    to confer with the victim were inadequate to protect the
    victim's right to be heard, the court shall give the
    prosecutor at least 3 but not more than 5 business days to
    confer with the victim. In ruling on a motion to continue,
    the court shall consider the reasons for the requested
    continuance, the number and length of continuances that
    have been granted, the victim's objections and procedures
    to avoid further delays. If a continuance is granted over
    the victim's objection, the court shall specify on the
    record the reasons for the continuance and the procedures
    that have been or will be taken to avoid further delays.
        (12) Right to Restitution.
            (A) If the victim has asserted the right to
        restitution and the amount of restitution is known at
        the time of sentencing, the court shall enter the
        judgment of restitution at the time of sentencing.
            (B) If the victim has asserted the right to
        restitution and the amount of restitution is not known
        at the time of sentencing, the prosecutor shall,
        within 5 days after sentencing, notify the victim what
        information and documentation related to restitution
        is needed and that the information and documentation
        must be provided to the prosecutor within 45 days
        after sentencing. Failure to timely provide
        information and documentation related to restitution
        shall be deemed a waiver of the right to restitution.
        The prosecutor shall file and serve within 60 days
        after sentencing a proposed judgment for restitution
        and a notice that includes information concerning the
        identity of any victims or other persons seeking
        restitution, whether any victim or other person
        expressly declines restitution, the nature and amount
        of any damages together with any supporting
        documentation, a restitution amount recommendation,
        and the names of any co-defendants and their case
        numbers. Within 30 days after receipt of the proposed
        judgment for restitution, the defendant shall file any
        objection to the proposed judgment, a statement of
        grounds for the objection, and a financial statement.
        If the defendant does not file an objection, the court
        may enter the judgment for restitution without further
        proceedings. If the defendant files an objection and
        either party requests a hearing, the court shall
        schedule a hearing.
        (13) Access to presentence reports.
            (A) The victim may request a copy of the
        presentence report prepared under the Unified Code of
        Corrections from the State's Attorney. The State's
        Attorney shall redact the following information before
        providing a copy of the report:
                (i) the defendant's mental history and
            condition;
                (ii) any evaluation prepared under subsection
            (b) or (b-5) of Section 5-3-2; and
                (iii) the name, address, phone number, and
            other personal information about any other victim.
            (B) The State's Attorney or the defendant may
        request the court redact other information in the
        report that may endanger the safety of any person.
            (C) The State's Attorney may orally disclose to
        the victim any of the information that has been
        redacted if there is a reasonable likelihood that the
        information will be stated in court at the sentencing.
            (D) The State's Attorney must advise the victim
        that the victim must maintain the confidentiality of
        the report and other information. Any dissemination of
        the report or information that was not stated at a
        court proceeding constitutes indirect criminal
        contempt of court.
        (14) Appellate relief. If the trial court denies the
    relief requested, the victim, the victim's attorney, or
    the prosecuting attorney may file an appeal within 30 days
    of the trial court's ruling. The trial or appellate court
    may stay the court proceedings if the court finds that a
    stay would not violate a constitutional right of the
    defendant. If the appellate court denies the relief
    sought, the reasons for the denial shall be clearly stated
    in a written opinion. In any appeal in a criminal case, the
    State may assert as error the court's denial of any crime
    victim's right in the proceeding to which the appeal
    relates.
        (15) Limitation on appellate relief. In no case shall
    an appellate court provide a new trial to remedy the
    violation of a victim's right.
        (16) The right to be reasonably protected from the
    accused throughout the criminal justice process and the
    right to have the safety of the victim and the victim's
    family considered in determining whether to release the
    defendant, and setting conditions of release after arrest
    and conviction. A victim of domestic violence, a sexual
    offense, or stalking may request the entry of a protective
    order under Article 112A of the Code of Criminal Procedure
    of 1963.
    (d) Procedures after the imposition of sentence.
        (1) The Prisoner Review Board shall inform a victim or
    any other concerned citizen, upon written request, of the
    prisoner's release on parole, mandatory supervised
    release, electronic detention, work release, international
    transfer or exchange, or by the custodian, other than the
    Department of Juvenile Justice, of the discharge of any
    individual who was adjudicated a delinquent for a crime
    from State custody and by the sheriff of the appropriate
    county of any such person's final discharge from county
    custody. The Prisoner Review Board, upon written request,
    shall provide to a victim or any other concerned citizen a
    recent photograph of any person convicted of a felony,
    upon his or her release from custody. The Prisoner Review
    Board, upon written request, shall inform a victim or any
    other concerned citizen when feasible at least 7 days
    prior to the prisoner's release on furlough of the times
    and dates of such furlough. Upon written request by the
    victim or any other concerned citizen, the State's
    Attorney shall notify the person once of the times and
    dates of release of a prisoner sentenced to periodic
    imprisonment. Notification shall be based on the most
    recent information as to victim's or other concerned
    citizen's residence or other location available to the
    notifying authority.
        (2) When the defendant has been committed to the
    Department of Human Services pursuant to Section 5-2-4 or
    any other provision of the Unified Code of Corrections,
    the victim may request to be notified by the releasing
    authority of the approval by the court of an on-grounds
    pass, a supervised off-grounds pass, an unsupervised
    off-grounds pass, or conditional release; the release on
    an off-grounds pass; the return from an off-grounds pass;
    transfer to another facility; conditional release; escape;
    death; or final discharge from State custody. The
    Department of Human Services shall establish and maintain
    a statewide telephone number to be used by victims to make
    notification requests under these provisions and shall
    publicize this telephone number on its website and to the
    State's Attorney of each county.
        (3) In the event of an escape from State custody, the
    Department of Corrections or the Department of Juvenile
    Justice immediately shall notify the Prisoner Review Board
    of the escape and the Prisoner Review Board shall notify
    the victim. The notification shall be based upon the most
    recent information as to the victim's residence or other
    location available to the Board. When no such information
    is available, the Board shall make all reasonable efforts
    to obtain the information and make the notification. When
    the escapee is apprehended, the Department of Corrections
    or the Department of Juvenile Justice immediately shall
    notify the Prisoner Review Board and the Board shall
    notify the victim.
        (4) The victim of the crime for which the prisoner has
    been sentenced has the right to register with the Prisoner
    Review Board's victim registry. Victims registered with
    the Board shall receive reasonable written notice not less
    than 30 days prior to the parole hearing or target
    aftercare release date. The victim has the right to submit
    a victim statement for consideration by the Prisoner
    Review Board or the Department of Juvenile Justice in
    writing, on film, videotape, or other electronic means, or
    in the form of a recording prior to the parole hearing or
    target aftercare release date, or in person at the parole
    hearing or aftercare release protest hearing, or by
    calling the toll-free number established in subsection (f)
    of this Section. The victim shall be notified within 7
    days after the prisoner has been granted parole or
    aftercare release and shall be informed of the right to
    inspect the registry of parole decisions, established
    under subsection (g) of Section 3-3-5 of the Unified Code
    of Corrections. The provisions of this paragraph (4) are
    subject to the Open Parole Hearings Act. Victim statements
    provided to the Board shall be confidential and
    privileged, including any statements received prior to
    January 1, 2020 (the effective date of Public Act
    101-288), except if the statement was an oral statement
    made by the victim at a hearing open to the public.
        (4-1) The crime victim has the right to submit a
    victim statement for consideration by the Prisoner Review
    Board or the Department of Juvenile Justice prior to or at
    a hearing to determine the conditions of mandatory
    supervised release of a person sentenced to a determinate
    sentence or at a hearing on revocation of mandatory
    supervised release of a person sentenced to a determinate
    sentence. A victim statement may be submitted in writing,
    on film, videotape, or other electronic means, or in the
    form of a recording, or orally at a hearing, or by calling
    the toll-free number established in subsection (f) of this
    Section. Victim statements provided to the Board shall be
    confidential and privileged, including any statements
    received prior to January 1, 2020 (the effective date of
    Public Act 101-288), except if the statement was an oral
    statement made by the victim at a hearing open to the
    public.
        (4-2) The crime victim has the right to submit a
    victim statement to the Prisoner Review Board for
    consideration at an executive clemency hearing as provided
    in Section 3-3-13 of the Unified Code of Corrections. A
    victim statement may be submitted in writing, on film,
    videotape, or other electronic means, or in the form of a
    recording prior to a hearing, or orally at a hearing, or by
    calling the toll-free number established in subsection (f)
    of this Section. Victim statements provided to the Board
    shall be confidential and privileged, including any
    statements received prior to January 1, 2020 (the
    effective date of Public Act 101-288), except if the
    statement was an oral statement made by the victim at a
    hearing open to the public.
        (5) If a statement is presented under Section 6, the
    Prisoner Review Board or Department of Juvenile Justice
    shall inform the victim of any order of discharge pursuant
    to Section 3-2.5-85 or 3-3-8 of the Unified Code of
    Corrections.
        (6) At the written or oral request of the victim of the
    crime for which the prisoner was sentenced or the State's
    Attorney of the county where the person seeking parole or
    aftercare release was prosecuted, the Prisoner Review
    Board or Department of Juvenile Justice shall notify the
    victim and the State's Attorney of the county where the
    person seeking parole or aftercare release was prosecuted
    of the death of the prisoner if the prisoner died while on
    parole or aftercare release or mandatory supervised
    release.
        (7) When a defendant who has been committed to the
    Department of Corrections, the Department of Juvenile
    Justice, or the Department of Human Services is released
    or discharged and subsequently committed to the Department
    of Human Services as a sexually violent person and the
    victim had requested to be notified by the releasing
    authority of the defendant's discharge, conditional
    release, death, or escape from State custody, the
    releasing authority shall provide to the Department of
    Human Services such information that would allow the
    Department of Human Services to contact the victim.
        (8) When a defendant has been convicted of a sex
    offense as defined in Section 2 of the Sex Offender
    Registration Act and has been sentenced to the Department
    of Corrections or the Department of Juvenile Justice, the
    Prisoner Review Board or the Department of Juvenile
    Justice shall notify the victim of the sex offense of the
    prisoner's eligibility for release on parole, aftercare
    release, mandatory supervised release, electronic
    detention, work release, international transfer or
    exchange, or by the custodian of the discharge of any
    individual who was adjudicated a delinquent for a sex
    offense from State custody and by the sheriff of the
    appropriate county of any such person's final discharge
    from county custody. The notification shall be made to the
    victim at least 30 days, whenever possible, before release
    of the sex offender.
    (e) The officials named in this Section may satisfy some
or all of their obligations to provide notices and other
information through participation in a statewide victim and
witness notification system established by the Attorney
General under Section 8.5 of this Act.
    (f) The Prisoner Review Board shall establish a toll-free
number that may be accessed by the crime victim to present a
victim statement to the Board in accordance with paragraphs
(4), (4-1), and (4-2) of subsection (d).
(Source: P.A. 100-199, eff. 1-1-18; 100-961, eff. 1-1-19;
101-81, eff. 7-12-19; 101-288, eff. 1-1-20; 101-652, eff.
1-1-23.)
 
    (725 ILCS 120/7)  (from Ch. 38, par. 1407)
    Sec. 7. Responsibilities of victims and witnesses. Victims
and witnesses shall have the following responsibilities to aid
in the prosecution of violent crime and to ensure that their
constitutional rights are enforced:
    (a) To make a timely report of the crime;
    (b) To cooperate with law enforcement authorities
throughout the investigation, prosecution, and trial;
    (c) To testify at trial;
    (c-5) to timely provide information and documentation to
the prosecuting attorney that is related to the assertion of
their rights.
    (d) To notify law enforcement authorities and the
prosecuting attorney of any change of contact information,
including but not limited to, changes of address and contact
information, including but not limited to changes of address,
telephone number, and email address. Law enforcement
authorities and the prosecuting attorney shall maintain the
confidentiality of this information. A court may find that the
failure to notify the prosecuting attorney of any change in
contact information constitutes waiver of a right.
    (e) A victim who otherwise cooperates with law enforcement
authorities and the prosecuting attorney, but declines to
provide information and documentation to the prosecuting
attorney that is privileged or confidential under the law, or
chooses not to waive privilege, shall still be considered as
cooperating for the purposes of this Act and maintain the
status of victim and the rights afforded to victims under this
Act.
(Source: P.A. 99-413, eff. 8-20-15.)
 
    (725 ILCS 120/9)  (from Ch. 38, par. 1408)
    Sec. 9. This Act does not limit any rights or
responsibilities otherwise enjoyed by or imposed upon victims
or witnesses of violent crime, nor does it grant any person a
cause of action in equity or at law for compensation for
damages or attorneys fees. Any act of omission or commission
by any law enforcement officer, circuit court clerk, or
State's Attorney, by the Attorney General, Prisoner Review
Board, Department of Corrections, the Department of Juvenile
Justice, Department of Human Services, or other State agency,
or private entity under contract pursuant to Section 8, or by
any employee of any State agency or private entity under
contract pursuant to Section 8 acting in good faith in
rendering crime victim's assistance or otherwise enforcing
this Act shall not impose civil liability upon the individual
or entity or his or her supervisor or employer. Nothing in this
Act shall create a basis for vacating a conviction or a ground
for relief requested by the defendant in any criminal case.
(Source: P.A. 99-413, eff. 8-20-15.)
 
    Section 25. The Sexual Assault Evidence Submission Act is
amended by changing Section 50 as follows:
 
    (725 ILCS 202/50)
    Sec. 50. Sexual assault evidence tracking system.
    (a) On June 26, 2018, the Sexual Assault Evidence Tracking
and Reporting Commission issued its report as required under
Section 43. It is the intention of the General Assembly in
enacting the provisions of this amendatory Act of the 101st
General Assembly to implement the recommendations of the
Sexual Assault Evidence Tracking and Reporting Commission set
forth in that report in a manner that utilizes the current
resources of law enforcement agencies whenever possible and
that is adaptable to changing technologies and circumstances.
    (a-1) Due to the complex nature of a statewide tracking
system for sexual assault evidence and to ensure all
stakeholders, including, but not limited to, victims and their
designees, health care facilities, law enforcement agencies,
forensic labs, and State's Attorneys offices are integrated,
the Commission recommended the purchase of an electronic
off-the-shelf tracking system. The system must be able to
communicate with all stakeholders and provide real-time
information to a victim or his or her designee on the status of
the evidence that was collected. The sexual assault evidence
tracking system must:
        (1) be electronic and web-based;
        (2) be administered by the Department of State Police;
        (3) have help desk availability at all times;
        (4) ensure the law enforcement agency contact
    information is accessible to the victim or his or her
    designee through the tracking system, so there is contact
    information for questions;
        (5) have the option for external connectivity to
    evidence management systems, laboratory information
    management systems, or other electronic data systems
    already in existence by any of the stakeholders to
    minimize additional burdens or tasks on stakeholders;
        (6) allow for the victim to opt in for automatic
    notifications when status updates are entered in the
    system, if the system allows;
        (7) include at each step in the process, a brief
    explanation of the general purpose of that step and a
    general indication of how long the step may take to
    complete;
        (8) contain minimum fields for tracking and reporting,
    as follows:
            (A) for sexual assault evidence kit vendor fields:
                (i) each sexual evidence kit identification
            number provided to each health care facility; and
                (ii) the date the sexual evidence kit was sent
            to the health care facility.
            (B) for health care facility fields:
                (i) the date sexual assault evidence was
            collected; and
                (ii) the date notification was made to the law
            enforcement agency that the sexual assault
            evidence was collected.
            (C) for law enforcement agency fields:
                (i) the date the law enforcement agency took
            possession of the sexual assault evidence from the
            health care facility, another law enforcement
            agency, or victim if he or she did not go through a
            health care facility;
                (ii) the law enforcement agency complaint
            number;
                (iii) if the law enforcement agency that takes
            possession of the sexual assault evidence from a
            health care facility is not the law enforcement
            agency with jurisdiction in which the offense
            occurred, the date when the law enforcement agency
            notified the law enforcement agency having
            jurisdiction that the agency has sexual assault
            evidence required under subsection (c) of Section
            20 of the Sexual Assault Incident Procedure Act;
                (iv) an indication if the victim consented for
            analysis of the sexual assault evidence;
                (v) if the victim did not consent for analysis
            of the sexual assault evidence, the date on which
            the law enforcement agency is no longer required
            to store the sexual assault evidence;
                (vi) a mechanism for the law enforcement
            agency to document why the sexual assault evidence
            was not submitted to the laboratory for analysis,
            if applicable;
                (vii) the date the law enforcement agency
            received the sexual assault evidence results back
            from the laboratory;
                (viii) the date statutory notifications were
            made to the victim or documentation of why
            notification was not made; and
                (ix) the date the law enforcement agency
            turned over the case information to the State's
            Attorney office, if applicable.
            (D) for forensic lab fields:
                (i) the date the sexual assault evidence is
            received from the law enforcement agency by the
            forensic lab for analysis;
                (ii) the laboratory case number, visible to
            the law enforcement agency and State's Attorney
            office; and
                (iii) the date the laboratory completes the
            analysis of the sexual assault evidence.
            (E) for State's Attorney office fields:
                (i) the date the State's Attorney office
            received the sexual assault evidence results from
            the laboratory, if applicable; and
                (ii) the disposition or status of the case.
    (a-2) The Commission also developed guidelines for secure
electronic access to a tracking system for a victim, or his or
her designee to access information on the status of the
evidence collected. The Commission recommended minimum
guidelines in order to safeguard confidentiality of the
information contained within this statewide tracking system.
These recommendations are that the sexual assault evidence
tracking system must:
        (1) allow for secure access, controlled by an
    administering body who can restrict user access and allow
    different permissions based on the need of that particular
    user and health care facility users may include
    out-of-state border hospitals, if authorized by the
    Department of State Police to obtain this State's kits
    from vendor;
        (2) provide for users, other than victims, the ability
    to provide for any individual who is granted access to the
    program their own unique user ID and password;
        (3) provide for a mechanism for a victim to enter the
    system and only access his or her own information;
        (4) enable a sexual assault evidence to be tracked and
    identified through the unique sexual assault evidence kit
    identification number or barcode that the vendor applies
    to each sexual assault evidence kit per the Department of
    State Police's contract;
        (5) have a mechanism to inventory unused kits provided
    to a health care facility from the vendor;
        (6) provide users the option to either scan the bar
    code or manually enter the sexual assault evidence kit
    number into the tracking program;
        (7) provide a mechanism to create a separate unique
    identification number for cases in which a sexual evidence
    kit was not collected, but other evidence was collected;
        (8) provide the ability to record date, time, and user
    ID whenever any user accesses the system;
        (9) provide for real-time entry and update of data;
        (10) contain report functions including:
            (A) health care facility compliance with
        applicable laws;
            (B) law enforcement agency compliance with
        applicable laws;
            (C) law enforcement agency annual inventory of
        cases to each State's Attorney office; and
            (D) forensic lab compliance with applicable laws;
        and
        (11) provide automatic notifications to the law
    enforcement agency when:
            (A) a health care facility has collected sexual
        assault evidence;
            (B) unreleased sexual assault evidence that is
        being stored by the law enforcement agency has met the
        minimum storage requirement by law; and
            (C) timelines as required by law are not met for a
        particular case, if not otherwise documented.
    (b) The Department may shall develop rules to implement a
sexual assault evidence tracking system that conforms with
subsections (a-1) and (a-2) of this Section. The Department
shall design the criteria for the sexual assault evidence
tracking system so that, to the extent reasonably possible,
the system can use existing technologies and products,
including, but not limited to, currently available tracking
systems. The sexual assault evidence tracking system shall be
operational and shall begin tracking and reporting sexual
assault evidence no later than one year after the effective
date of this amendatory Act of the 101st General Assembly. The
Department may adopt additional rules as it deems necessary to
ensure that the sexual assault evidence tracking system
continues to be a useful tool for law enforcement.
    (c) A treatment hospital, a treatment hospital with
approved pediatric transfer, an out-of-state hospital approved
by the Department of Public Health to receive transfers of
Illinois sexual assault survivors, or an approved pediatric
health care facility defined in Section 1a of the Sexual
Assault Survivors Emergency Treatment Act shall participate in
the sexual assault evidence tracking system created under this
Section and in accordance with rules adopted under subsection
(b), including, but not limited to, the collection of sexual
assault evidence and providing information regarding that
evidence, including, but not limited to, providing notice to
law enforcement that the evidence has been collected.
    (d) The operations of the sexual assault evidence tracking
system shall be funded by moneys appropriated for that purpose
from the State Crime Laboratory Fund and funds provided to the
Department through asset forfeiture, together with such other
funds as the General Assembly may appropriate.
    (e) To ensure that the sexual assault evidence tracking
system is operational, the Department may adopt emergency
rules to implement the provisions of this Section under
subsection (ff) of Section 5-45 of the Illinois Administrative
Procedure Act.
    (f) Information, including, but not limited to, evidence
and records in the sexual assault evidence tracking system is
exempt from disclosure under the Freedom of Information Act.
(Source: P.A. 101-377, eff. 8-16-19.)
 
    Section 30. The Sexual Assault Incident Procedure Act is
amended by changing Sections 25 and 35 and by adding Section 11
as follows:
 
    (725 ILCS 203/11 new)
    Sec. 11. Victim notification. When sexual assault evidence
is collected from a sexual assault survivor, the health care
provider or law enforcement officer who collects the evidence
must notify a victim about the tracking system. Such
notification is satisfied by providing the victim information
regarding the Sexual Assault Evidence Tracking System and the
victim's unique log-in information contained within the sexual
assault evidence kit or generated by the sexual assault
evidence tracking system.
 
    (725 ILCS 203/25)
    Sec. 25. Report; victim notice.
    (a) At the time of first contact with the victim, law
enforcement shall:
        (1) Advise the victim about the following by providing
    a form, the contents of which shall be prepared by the
    Office of the Attorney General and posted on its website,
    written in a language appropriate for the victim or in
    Braille, or communicating in appropriate sign language
    that includes, but is not limited to:
            (A) information about seeking medical attention
        and preserving evidence, including specifically,
        collection of evidence during a medical forensic
        examination at a hospital and photographs of injury
        and clothing;
            (B) notice that the victim will not be charged for
        hospital emergency and medical forensic services;
            (C) information advising the victim that evidence
        can be collected at the hospital up to 7 days after the
        sexual assault or sexual abuse but that the longer the
        victim waits the likelihood of obtaining evidence
        decreases;
            (C-5) notice that the sexual assault forensic
        evidence collected will not be used to prosecute the
        victim for any offense related to the use of alcohol,
        cannabis, or a controlled substance;
            (D) the location of nearby hospitals that provide
        emergency medical and forensic services and, if known,
        whether the hospitals employ any sexual assault nurse
        examiners;
            (E) a summary of the procedures and relief
        available to victims of sexual assault or sexual abuse
        under the Civil No Contact Order Act or the Illinois
        Domestic Violence Act of 1986;
            (F) the law enforcement officer's name and badge
        number;
            (G) at least one referral to an accessible service
        agency and information advising the victim that rape
        crisis centers can assist with obtaining civil no
        contact orders and orders of protection; and
            (H) if the sexual assault or sexual abuse occurred
        in another jurisdiction, provide in writing the
        address and phone number of a specific contact at the
        law enforcement agency having jurisdiction.
        (2) Offer to provide or arrange accessible
    transportation for the victim to a hospital for emergency
    and forensic services, including contacting emergency
    medical services.
        (2.5) Notify victims about the Illinois State Police
    sexual assault evidence tracking system.
        (3) Offer to provide or arrange accessible
    transportation for the victim to the nearest available
    circuit judge or associate judge so the victim may file a
    petition for an emergency civil no contact order under the
    Civil No Contact Order Act or an order of protection under
    the Illinois Domestic Violence Act of 1986 after the close
    of court business hours, if a judge is available.
    (b) At the time of the initial contact with a person making
a third-party report under Section 22 of this Act, a law
enforcement officer shall provide the written information
prescribed under paragraph (1) of subsection (a) of this
Section to the person making the report and request the person
provide the written information to the victim of the sexual
assault or sexual abuse.
    (c) If the first contact with the victim occurs at a
hospital, a law enforcement officer may request the hospital
provide interpretive services.
(Source: P.A. 99-801, eff. 1-1-17; 100-1087, eff. 1-1-19.)
 
    (725 ILCS 203/35)
    Sec. 35. Release of information.
    (a) Upon the request of the victim who has consented to the
release of sexual assault evidence for testing, the law
enforcement agency having jurisdiction shall notify the victim
about the Illinois State Police sexual assault evidence
tracking system and provide the following information in
writing:
        (1) the date the sexual assault evidence was sent to a
    Department of State Police forensic laboratory or
    designated laboratory;
        (2) test results provided to the law enforcement
    agency by a Department of State Police forensic laboratory
    or designated laboratory, including, but not limited to:
            (A) whether a DNA profile was obtained from the
        testing of the sexual assault evidence from the
        victim's case;
            (B) whether the DNA profile developed from the
        sexual assault evidence has been searched against the
        DNA Index System or any state or federal DNA database;
            (C) whether an association was made to an
        individual whose DNA profile is consistent with the
        sexual assault evidence DNA profile, provided that
        disclosure would not impede or compromise an ongoing
        investigation; and
            (D) whether any drugs were detected in a urine or
        blood sample analyzed for drug facilitated sexual
        assault and information about any drugs detected.
    (b) The information listed in paragraph (1) of subsection
(a) of this Section shall be provided to the victim within 7
days of the transfer of the evidence to the laboratory. The
information listed in paragraph (2) of subsection (a) of this
Section shall be provided to the victim within 7 days of the
receipt of the information by the law enforcement agency
having jurisdiction.
    (c) At the time the sexual assault evidence is released
for testing, the victim shall be provided written information
by the law enforcement agency having jurisdiction or the
hospital providing emergency services and forensic services to
the victim informing him or her of the right to request
information under subsection (a) of this Section. A victim may
designate another person or agency to receive this
information.
    (d) The victim or the victim's designee shall keep the law
enforcement agency having jurisdiction informed of the name,
address, telephone number, and email address of the person to
whom the information should be provided, and any changes of
the name, address, telephone number, and email address, if an
email address is available.
(Source: P.A. 99-801, eff. 1-1-17.)
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.