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Public Act 91-0271
SB542 Enrolled LRB9104750DJcd
AN ACT to amend the Criminal Code of 1961 by changing
Section 12-18.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
changing Section 12-18 as follows:
(720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
Sec. 12-18. General Provisions.
(a) No person accused of violating Sections 12-13,
12-14, 12-15 or 12-16 of this Code shall be presumed to be
incapable of committing an offense prohibited by Sections
12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code because of
age, physical condition or relationship to the victim, except
as otherwise provided in subsection (c) of this Section.
Nothing in this Section shall be construed to modify or
abrogate the affirmative defense of infancy under Section 6-1
of this Code or the provisions of Section 5-805 of the
Juvenile Court Act of 1987.
(b) Any medical examination or procedure which is
conducted by a physician, nurse, medical or hospital
personnel, parent, or caretaker for purposes and in a manner
consistent with reasonable medical standards is not an
offense under Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16
of this Code.
(c) Prosecution of a spouse of a victim under this
subsection for any violation by the victim's spouse of
Section 12-13, 12-14, 12-15 or 12-16 of this Code is barred
unless the victim reported such offense to a law enforcement
agency or the State's Attorney's office within 30 days after
the offense was committed, except when the court finds good
cause for the delay.
(d) In addition to the sentences provided for in
Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the
Criminal Code of 1961 the Court may order any person who is
convicted of violating any of those Sections to meet all or
any portion of the financial obligations of treatment,
including but not limited to medical, psychiatric,
rehabilitative or psychological treatment, prescribed for the
victim or victims of the offense.
(e) After a finding at a preliminary hearing that there
is probable cause to believe that an accused has committed a
violation of Section 12-13, 12-14, or 12-14.1 of this Code,
or after an indictment is returned charging an accused with a
violation of Section 12-13, 12-14, or 12-14.1 of this Code,
at the request of the person who was the victim of the
violation of Section 12-13, 12-14, or 12-14.1, the
prosecuting State's attorney shall seek an order from the
court to compel the accused to be tested for infection with
human immunodeficiency virus (HIV). The medical test shall
be performed only by appropriately licensed medical
practitioners, and shall consist of an enzyme-linked
immunosorbent assay (ELISA) test, or such other test as may
be approved by the Illinois Department of Public Health; in
the event of a positive result, the Western Blot Assay or a
more reliable confirmatory test shall be administered. The
results of the test shall be kept strictly confidential by
all medical personnel involved in the testing and must be
personally delivered in a sealed envelope to the victim and
to the judge who entered the order, for the judge's
inspection in camera. Acting in accordance with the best
interests of the victim and the public, the judge shall have
the discretion to determine to whom, if anyone, the result of
the testing may be revealed; however, in no case shall the
identity of the victim be disclosed. The court shall order
that the cost of the test shall be paid by the county, and
may be taxed as costs against the accused if convicted.
(f) Whenever any law enforcement officer has reasonable
cause to believe that a person has been delivered a
controlled substance without his or her consent, the law
enforcement officer they shall advise the victim about
seeking medical treatment and preserving evidence.
(g) Every hospital providing emergency hospital services
to an alleged sexual assault survivor, when there is In a
hospital, whenever any emergency room personnel has
reasonable cause to believe that a person has been delivered
a controlled substance without his or her consent, shall
designate personnel to designated by the hospital, other than
a physician licensed to practice medicine in all of its
branches, shall provide:
(1) An explanation to the victim about the nature
and effects of commonly used controlled substances and
how such controlled substances are administered.
(2) An offer to the victim of testing for the
presence of such controlled substances.
(3) A disclosure to the victim that all controlled
substances or alcohol ingested by the victim will be
disclosed by the test.
(4) A statement that the test is completely
voluntary.
(5) A form for written authorization for sample
analysis of all controlled substances and alcohol
ingested by the victim.
A physician licensed to practice medicine in all its
branches may agree to be a designated person under this
subsection.
No sample analysis may be performed unless the victim
returns a signed written authorization within 48 hours after
the sample was collected.
Any medical treatment or, care under this subsection, or
testing shall only be only in accordance with the order of a
physician licensed to practice medicine in all of its
branches. Any testing under this subsection shall be only in
accordance with the order of a licensed individual authorized
to order the testing.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
90-590, eff. 1-1-99; 90-735, eff. 8-11-98; revised 9-16-98.)
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