Illinois General Assembly - Full Text of SB2956
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Full Text of SB2956  98th General Assembly




SB2956 EnrolledLRB098 12948 RLC 47455 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 11-1.10 as follows:
6    (720 ILCS 5/11-1.10)  (was 720 ILCS 5/12-18)
7    Sec. 11-1.10. General provisions concerning offenses
8described in Sections 11-1.20 through 11-1.60.
9    (a) No person accused of violating Section 11-1.20,
1011-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code shall be
11presumed to be incapable of committing an offense prohibited by
12Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this
13Code because of age, physical condition or relationship to the
14victim. Nothing in this Section shall be construed to modify or
15abrogate the affirmative defense of infancy under Section 6-1
16of this Code or the provisions of Section 5-805 of the Juvenile
17Court Act of 1987.
18    (b) Any medical examination or procedure which is conducted
19by a physician, nurse, medical or hospital personnel, parent,
20or caretaker for purposes and in a manner consistent with
21reasonable medical standards is not an offense under Section
2211-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.
23    (c) (Blank).



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1    (d) (Blank).
2    (e) The prosecuting State's Attorney shall seek an order
3from the court to compel the accused to be tested for any
4sexually transmissible disease, including a test for infection
5with human immunodeficiency virus (HIV), within 48 hours:
6        (1) after After a finding at a preliminary hearing that
7    there is probable cause to believe that an accused has
8    committed a violation of Section 11-1.20, 11-1.30, or
9    11-1.40 of this Code, or
10        (2) after an indictment is returned charging an accused
11    with a violation of Section 11-1.20, 11-1.30, or 11-1.40 of
12    this Code, or
13        (3) after a finding that a defendant charged with a
14    violation of Section 11-1.20, 11-1.30, or 11-1.40 of this
15    Code is unfit to stand trial pursuant to Section 104-16 of
16    the Code of Criminal Procedure of 1963 where the finding is
17    made prior to the preliminary hearing, or
18        (4) after at the request of the person who was the
19    victim of the violation of Section 11-1.20, 11-1.30, or
20    11-1.40. ,
21the prosecuting State's attorney shall seek an order from the
22court to compel the accused to be tested within 48 hours for
23any sexually transmissible disease, including a test for
24infection with human immunodeficiency virus (HIV). The medical
25tests shall be performed only by appropriately licensed medical
26practitioners. The Such testing shall consist of a test



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1approved by the Illinois Department of Public Health to
2determine the presence of HIV infection, based upon
3recommendations of the United States Centers for Disease
4Control and Prevention; in the event of a positive result, a
5reliable supplemental test based upon recommendations of the
6United States Centers for Disease Control and Prevention shall
7be administered. The results of the tests and any follow-up
8tests shall be kept strictly confidential by all medical
9personnel involved in the testing and must be personally
10delivered in a sealed envelope to the victim, to the defendant,
11to the State's Attorney, and to the judge who entered the
12order, for the judge's inspection in camera. The judge shall
13provide to the victim a referral to the Illinois Department of
14Public Health HIV/AIDS toll-free hotline for counseling and
15information in connection with the test result. Acting in
16accordance with the best interests of the victim and the
17public, the judge shall have the discretion to determine to
18whom, if anyone, the result of the testing may be revealed;
19however, in no case shall the identity of the victim be
20disclosed. The court shall order that the cost of the tests
21shall be paid by the county, and shall be taxed as costs
22against the accused if convicted.
23    (f) Whenever any law enforcement officer has reasonable
24cause to believe that a person has been delivered a controlled
25substance without his or her consent, the law enforcement
26officer shall advise the victim about seeking medical treatment



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1and preserving evidence.
2    (g) Every hospital providing emergency hospital services
3to an alleged sexual assault survivor, when there is reasonable
4cause to believe that a person has been delivered a controlled
5substance without his or her consent, shall designate personnel
6to provide:
7        (1) An explanation to the victim about the nature and
8    effects of commonly used controlled substances and how such
9    controlled substances are administered.
10        (2) An offer to the victim of testing for the presence
11    of such controlled substances.
12        (3) A disclosure to the victim that all controlled
13    substances or alcohol ingested by the victim will be
14    disclosed by the test.
15        (4) A statement that the test is completely voluntary.
16        (5) A form for written authorization for sample
17    analysis of all controlled substances and alcohol ingested
18    by the victim.
19    A physician licensed to practice medicine in all its
20branches may agree to be a designated person under this
22    No sample analysis may be performed unless the victim
23returns a signed written authorization within 30 days after the
24sample was collected.
25    Any medical treatment or care under this subsection shall
26be only in accordance with the order of a physician licensed to



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1practice medicine in all of its branches. Any testing under
2this subsection shall be only in accordance with the order of a
3licensed individual authorized to order the testing.
4(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-244, eff.
58-4-11; 97-1109, eff. 1-1-13.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.