State of Illinois
91st General Assembly

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SB542 Enrolled                                 LRB9104750DJcd

 1        AN ACT to amend the Criminal Code  of  1961  by  changing
 2    Section 12-18.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Criminal  Code  of  1961  is  amended  by
 6    changing Section 12-18 as follows:

 7        (720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
 8        Sec. 12-18.  General Provisions.
 9        (a)  No  person  accused  of  violating  Sections  12-13,
10    12-14,  12-15  or  12-16 of this Code shall be presumed to be
11    incapable of committing an  offense  prohibited  by  Sections
12    12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code because of
13    age, physical condition or relationship to the victim, except
14    as  otherwise  provided  in  subsection  (c) of this Section.
15    Nothing in this Section  shall  be  construed  to  modify  or
16    abrogate the affirmative defense of infancy under Section 6-1
17    of  this  Code  or  the  provisions  of  Section 5-805 of the
18    Juvenile Court Act of 1987.
19        (b)  Any  medical  examination  or  procedure  which   is
20    conducted   by   a  physician,  nurse,  medical  or  hospital
21    personnel, parent, or caretaker for purposes and in a  manner
22    consistent  with  reasonable  medical  standards  is  not  an
23    offense under Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16
24    of this Code.
25        (c)  Prosecution  of  a  spouse  of  a  victim under this
26    subsection for  any  violation  by  the  victim's  spouse  of
27    Section  12-13,  12-14, 12-15 or 12-16 of this Code is barred
28    unless the victim reported such offense to a law  enforcement
29    agency  or the State's Attorney's office within 30 days after
30    the offense was committed, except when the court  finds  good
31    cause for the delay.
SB542 Enrolled              -2-                LRB9104750DJcd
 1        (d)  In   addition  to  the  sentences  provided  for  in
 2    Sections 12-13,  12-14,  12-14.1,  12-15  and  12-16  of  the
 3    Criminal  Code  of 1961 the Court may order any person who is
 4    convicted of violating any of those Sections to meet  all  or
 5    any  portion  of  the  financial  obligations  of  treatment,
 6    including   but   not   limited   to   medical,  psychiatric,
 7    rehabilitative or psychological treatment, prescribed for the
 8    victim or victims of the offense.
 9        (e)  After a finding at a preliminary hearing that  there
10    is  probable cause to believe that an accused has committed a
11    violation of Section 12-13, 12-14, or 12-14.1 of  this  Code,
12    or after an indictment is returned charging an accused with a
13    violation  of  Section 12-13, 12-14, or 12-14.1 of this Code,
14    at the request of the  person  who  was  the  victim  of  the
15    violation   of   Section   12-13,   12-14,  or  12-14.1,  the
16    prosecuting State's attorney shall seek  an  order  from  the
17    court  to  compel the accused to be tested for infection with
18    human immunodeficiency virus (HIV).  The medical  test  shall
19    be   performed   only   by   appropriately  licensed  medical
20    practitioners,  and  shall  consist   of   an   enzyme-linked
21    immunosorbent  assay  (ELISA) test, or such other test as may
22    be approved by the Illinois Department of Public  Health;  in
23    the  event  of a positive result, the Western Blot Assay or a
24    more reliable confirmatory test shall be  administered.   The
25    results  of  the  test shall be kept strictly confidential by
26    all medical personnel involved in the  testing  and  must  be
27    personally  delivered  in a sealed envelope to the victim and
28    to  the  judge  who  entered  the  order,  for  the   judge's
29    inspection  in  camera.   Acting  in accordance with the best
30    interests of the victim and the public, the judge shall  have
31    the discretion to determine to whom, if anyone, the result of
32    the  testing  may  be revealed; however, in no case shall the
33    identity of the victim be disclosed.  The court  shall  order
34    that  the  cost  of the test shall be paid by the county, and
SB542 Enrolled              -3-                LRB9104750DJcd
 1    may be taxed as costs against the accused if convicted.
 2        (f)  Whenever any law enforcement officer has  reasonable
 3    cause   to  believe  that  a  person  has  been  delivered  a
 4    controlled substance without his  or  her  consent,  the  law
 5    enforcement  officer  they  shall  advise  the  victim  about
 6    seeking medical treatment and preserving evidence.
 7        (g)  Every hospital providing emergency hospital services
 8    to  an  alleged  sexual  assault survivor, when there is In a
 9    hospital,  whenever  any   emergency   room   personnel   has
10    reasonable  cause to believe that a person has been delivered
11    a controlled substance without  his  or  her  consent,  shall
12    designate personnel to designated by the hospital, other than
13    a  physician  licensed  to  practice  medicine  in all of its
14    branches, shall provide:
15             (1)  An explanation to the victim about  the  nature
16        and  effects  of  commonly used controlled substances and
17        how such controlled substances are administered.
18             (2)  An offer to  the  victim  of  testing  for  the
19        presence of such controlled substances.
20             (3)  A  disclosure to the victim that all controlled
21        substances or alcohol ingested  by  the  victim  will  be
22        disclosed by the test.
23             (4)  A   statement   that  the  test  is  completely
24        voluntary.
25             (5)  A form for  written  authorization  for  sample
26        analysis   of   all  controlled  substances  and  alcohol
27        ingested by the victim.
28        A physician licensed to  practice  medicine  in  all  its
29    branches  may  agree  to  be  a  designated person under this
30    subsection.
31        No sample analysis may be  performed  unless  the  victim
32    returns  a signed written authorization within 48 hours after
33    the sample was collected.
34        Any medical treatment or, care under this subsection,  or
SB542 Enrolled              -4-                LRB9104750DJcd
 1    testing  shall only be only in accordance with the order of a
 2    physician  licensed  to  practice  medicine  in  all  of  its
 3    branches.  Any testing under this subsection shall be only in
 4    accordance with the order of a licensed individual authorized
 5    to order the testing.
 6    (Source: P.A. 89-428, eff. 12-13-95;  89-462,  eff.  5-29-96;
 7    90-590, eff. 1-1-99; 90-735, eff. 8-11-98; revised 9-16-98.)

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