Sen. David Koehler
Filed: 3/24/2023
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 333 




2    AMENDMENT NO. ______. Amend Senate Bill 333 by replacing 
3everything after the enacting clause with the following:

 
 
4    "Section 5. The Criminal Identification Act is amended  by 
5changing Section 3.2 as follows:
 



6    (20 ILCS 2630/3.2)  (from Ch. 38, par. 206-3.2)



7    Sec. 3.2. 
(a) It is the duty of any person conducting or 
8operating a medical facility,
or any physician or nurse, as 
9soon as treatment permits, to notify the local
law enforcement 
10agency of that jurisdiction upon the application for
treatment 
11of a person who is not accompanied by a law enforcement 
12officer,
when it reasonably appears that the person requesting 
13treatment has
received:

14        (1) any injury resulting from the discharge of a 
15    firearm; or

16        (2) any injury sustained in the commission of or as a 
 
 
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1    victim of a
criminal offense; or .
2        (3) any injury sustained as a victim of a criminal 
3    offense.
4    (a-5) Except when it reasonably appears that the person 
5requesting treatment is a sexual assault survivor, a person 
6conducting or operating a medical facility, or a physician or 
7nurse at the medical facility, must notify the local law 
8enforcement as follows:
9        (1) If a sexual assault survivor consents to 
10    notification being made, local law enforcement must be 
11    notified as soon as treatment permits. If the sexual 
12    assault or sexual abuse occurred in another jurisdiction, 
13    the law enforcement officer taking the report must submit 
14    the report to the law enforcement agency having 
15    jurisdiction as provided in subsection (c) of Section 20 
16    of the Sexual Assault Incident Procedure Act.
17        (2) If after being advised of options for notification 
18    by a health care provider in a manner that ensures that the 
19    decision is not made under duress or as a result of 
20    influence from a third party, a sexual assault survivor 
21    does not consent to notification being made as soon as 
22    treatment permits, notification to the law enforcement 
23    agency having jurisdiction must be delayed until after the 
24    sexual assault survivor leaves the outpatient treatment 
25    location, but no later than 24 hours after the sexual 
26    assault survivor leaves. If the law enforcement agency 
 
 
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1    having jurisdiction cannot be reasonably determined, then 
2    notification shall be made to the local law enforcement 
3    agency of the medical facility. This requirement to delay 
4    notifying law enforcement does not change the obligations 
5    of mandated reporters under the Abused and Neglected Child 
6    Reporting Act, the Adult Protective Services Act, or the 
7    Abused and Neglected Long Term Care Facility Residents 
8    Reporting Act.
9        (3) If a sexual assault survivor does not consent to 
10    notification being made as soon as treatment permits and 
11    only consents to the collection and storage of evidence, 
12    the person conducting or operating a medical facility, or 
13    a physician or nurse at the medical facility, must make 
14    the notification in accordance with Section 6.6 or 6.6-1 
15    of the Sexual Assault Survivors Emergency Treatment Act.  
16    Law enforcement may not be given any personal identifying 
17    information for the sexual assault survivor other than 
18    using the unique sexual assault evidence kit 
19    identification number assigned to the Illinois State 
20    Police evidence collection kit or the sexual assault 
21    survivor's medical record number. The medical facility, 
22    physician, or nurse must record the unique sexual assault 
23    evidence kit identification number in the medical record, 
24    if one exists, and shall provide the number to the sexual 
25    assault survivor or the sexual assault survivor's designee 
26    at the time of treatment and later at the request of the 
 
 
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1    sexual assault survivor or their designee.
2        (4) The sexual assault survivor's decision regarding 
3    notification of law enforcement must be documented in the 
4    medical record. The documentation must also affirm that 
5    the sexual assault survivor's decision was made 
6    independently and not under duress or as a result of 
7    influence of a third party.
8        (5) The notification to law enforcement must be 
9    limited to the following information:
10            (A) the date and time the sexual assault survivor 
11        presented for treatment;
12            (B) the nature of the criminal offense;
13            (C) the municipality, township, or county where 
14        the criminal offense occurred;
15            (D) when necessary to prevent serious and imminent 
16        physical harm to others, information that identifies a 
17        perpetrator who poses a serious and imminent threat to 
18        an identifiable group or individual other than the 
19        victim;
20            (E) when applicable, the unique sexual assault 
21        evidence kit identification number; and
22            (F) additional information and details about the 
23        criminal offense or the sexual assault survivor that 
24        the sexual assault survivor gives consent to be given, 
25        and this consent must be documented in the medical 
26        record.
 
 
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1        (6) When a sexual assault survivor arrives at the 
2    medical facility unconscious, as soon as treatment 
3    permits, the health care provider shall make at least 2 
4    attempts to contact a surrogate decision maker, as defined 
5    by the Health Care Surrogate Act. If no surrogate decision 
6    maker responds and the survivor remains unconscious, the 
7    medical facility, physician, or nurse shall notify law 
8    enforcement. 
9        (7) Nothing in this subsection permits a delay in 
10    notification to law enforcement when a patient admits to 
11    committing a violent crime.
12        (8) Nothing in this subsection permits a delay in 
13    notification to law enforcement when a sexual assault 
14    survivor is admitted or treated for an injury due to 
15    discharge of a firearm or life-threatening injuries. 
16    Notification related to the sexual assault shall otherwise 
17    meet the requirements of this subsection. 

18        (9) Nothing in this subsection changes the obligations 
19    of mandated reporters under the Abused and Neglected Child 
20    Reporting Act, the Adult Protective Services Act, and the 
21    Abused and Neglected Long Term Care Facility Residents 
22    Reporting Act, and nothing in this subsection requires a 
23    delay in notification of law enforcement by the Department 
24    of Children and Family Services, Adult Protective 
25    Services, or any other agency receiving a mandated report. 
26    Any hospital, physician or nurse shall be forever held 
 
 
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1harmless from
any civil liability for their reasonable 
2compliance with the provisions of
this Section.
3    (b) Notwithstanding subsection (a), nothing in this

4Section shall be construed to require the reporting of lawful

5health care activity, whether such activity may constitute a

6violation of another state's law.
7    (c) As used in this Section: 
8    "Law enforcement agency having jurisdiction" and "sexual 
9assault survivor" have the meanings given to those terms in 
10Section 1a of the Sexual Assault Survivors Emergency Treatment 
11Act. 
12    "Lawful health care" means:
13        (1) reproductive health care that is not unlawful 
14    under the laws of this State, including on any theory of 
15    vicarious, joint, several, or conspiracy liability; or
16        (2) the treatment of gender dysphoria or the 
17    affirmation of an individual's gender identity or gender 
18    expression, including but not limited to, all supplies, 
19    care, and services of a medical, behavioral health, mental 
20    health, surgical, psychiatric, therapeutic, diagnostic, 
21    preventative, rehabilitative, or supportive nature that is 
22    not unlawful under the laws of this State, including on 
23    any theory of vicarious, joint, several, or conspiracy 
24    liability. 

25    "Lawful health care activity" means seeking, providing,

26receiving, assisting in seeking, providing, or receiving,

 
 
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1providing material support for, or traveling to obtain lawful

2health care. 
3(Source: P.A. 102-1117, eff. 1-13-23.)".