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92nd General Assembly

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Public Act 92-0081

SB1049 Enrolled                                LRB9208123ARsb

    AN ACT concerning criminal law.

    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,
or  after a finding that a defendant charged with a violation
of Section 12-13, 12-14, or 12-14.1 of this Code is unfit  to
stand  trial  pursuant  to  Section  104-16  of  the  Code of
Criminal Procedure of 1963 where the finding is made prior to
preliminary hearing, 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 any sexually
transmissible disease, including a test  for  infection  with
human  immunodeficiency  virus (HIV).  The medical tests test
shall be performed only  by  appropriately  licensed  medical
practitioners.    The   test   for   infection   with   human
immunodeficiency  virus  (HIV)  ,  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 tests 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  tests
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  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
reasonable  cause to believe that a person has been delivered
a controlled substance without  his  or  her  consent,  shall
designate personnel to 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 shall
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.  90-590,  eff.  1-1-99;  90-735, eff. 8-11-98;
91-271, eff. 1-1-00; 91-357, eff. 7-29-99.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly April 26, 2001.
    Approved July 12, 2001.
    Effective July 12, 2001.

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