103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0333

 

Introduced 2/2/2023, by Sen. David Koehler

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2630/3.2  from Ch. 38, par. 206-3.2

    Amends the Criminal Identification Act. Creates procedures for a medical facility, physician, or nurse to report a sexual assault when the sexual assault survivor requests treatment at the medical facility.


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A BILL FOR

 

SB0333LRB103 26029 AWJ 52384 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
17    victim of a criminal offense; or .
18        (3) any injury sustained as a victim of a criminal
19    offense.
20    (a-5) When it reasonably appears that the person
21requesting treatment is a sexual assault survivor, a person
22conducting or operating a medical facility, or a physician or
23nurse at the medical facility, must notify the local law

 

 

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1enforcement as follows:
2        (1) If a sexual assault survivor consents to
3    notification being made, local law enforcement must be
4    notified as soon as treatment permits. If the sexual
5    assault or sexual abuse occurred in another jurisdiction,
6    the law enforcement officer taking the report must submit
7    the report to the law enforcement agency having
8    jurisdiction as provided in subsection (c) of Section 20
9    of the Sexual Assault Incident Procedure Act.
10        (2) If a sexual assault survivor does not consent to
11    notification being made as soon as treatment permits,
12    notification to the law enforcement agency having
13    jurisdiction must be delayed until after the sexual
14    assault survivor leaves the outpatient treatment location,
15    but no later than 24 hours after the sexual assault
16    survivor leaves. If the law enforcement agency having
17    jurisdiction cannot be reasonably determined, then
18    notification shall be made to the local law enforcement
19    agency of the medical facility. This requirement to delay
20    notifying law enforcement does not change the obligations
21    of mandated reporters under the Abused and Neglected Child
22    Reporting Act, the Adult Protective Services Act, or the
23    Abused and Neglected Long Term Care Facility Residents
24    Reporting Act.
25        (3) If a sexual assault survivor does not consent to
26    notification being made as soon as treatment permits and

 

 

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1    only consents to the collection and storage of evidence,
2    the person conducting or operating a medical facility, or
3    a physician or nurse at the medical facility, must make
4    the notification in accordance with Section 6.6 or 6.6-1
5    of the Sexual Assault Survivors Emergency Treatment Act.
6    Law enforcement may not be given any personal identifying
7    information for the sexual assault survivor other than
8    using the unique sexual assault evidence kit
9    identification number assigned to the Illinois State
10    Police evidence collection kit or the sexual assault
11    survivor's medical record number. The medical facility,
12    physician, or nurse must record the unique sexual assault
13    evidence kit identification number in the medical record,
14    if one exists, and shall provide the number to the sexual
15    assault survivor or the sexual assault survivor's designee
16    at the time of treatment and later at the request of the
17    sexual assault survivor or their designee.
18        (4) The sexual assault survivor's decision regarding
19    notification of law enforcement must be documented in the
20    medical record.
21        (5) The notification to law enforcement must be
22    limited to the following information:
23            (A) the date and time the sexual assault survivor
24        presented for treatment;
25            (B) the nature of the criminal offense;
26            (C) the municipality, township, or county where

 

 

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1        the criminal offense occurred;
2            (D) when necessary to prevent serious and imminent
3        physical harm to others, information that identifies a
4        perpetrator who poses a serious and imminent threat to
5        an identifiable group or individual other than the
6        victim;
7            (E) when applicable, the unique sexual assault
8        evidence kit identification number; and
9            (F) additional information and details about the
10        criminal offense or the sexual assault survivor that
11        the sexual assault survivor gives consent to be given,
12        and this consent must be documented in the medical
13        record.
14        (6) Nothing in this subsection permits a delay in
15    notification to law enforcement when a patient admits to
16    committing a violent crime.
17        (7) Nothing in this subsection permits a delay in
18    notification to law enforcement when a sexual assault
19    survivor is admitted or treated for an injury due to
20    discharge of a firearm. Notification related to the sexual
21    assault shall otherwise meet the requirements of this
22    subsection.
23    Any hospital, physician or nurse shall be forever held
24harmless from any civil liability for their reasonable
25compliance with the provisions of this Section.
26    (b) Notwithstanding subsection (a), nothing in this

 

 

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1Section shall be construed to require the reporting of lawful
2health care activity, whether such activity may constitute a
3violation of another state's law.
4    (c) As used in this Section:
5    "Law enforcement agency having jurisdiction" and "sexual
6assault survivor" have the meanings given to those terms in
7Section 1a of the Sexual Assault Survivors Emergency Treatment
8Act.
9    "Lawful health care" means:
10        (1) reproductive health care that is not unlawful
11    under the laws of this State, including on any theory of
12    vicarious, joint, several, or conspiracy liability; or
13        (2) the treatment of gender dysphoria or the
14    affirmation of an individual's gender identity or gender
15    expression, including but not limited to, all supplies,
16    care, and services of a medical, behavioral health, mental
17    health, surgical, psychiatric, therapeutic, diagnostic,
18    preventative, rehabilitative, or supportive nature that is
19    not unlawful under the laws of this State, including on
20    any theory of vicarious, joint, several, or conspiracy
21    liability.
22    "Lawful health care activity" means seeking, providing,
23receiving, assisting in seeking, providing, or receiving,
24providing material support for, or traveling to obtain lawful
25health care.
26(Source: P.A. 102-1117, eff. 1-13-23.)