91st General Assembly
Summary of HB3113
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House Sponsors:
BEAUBIEN-BROSNAHAN-DURKIN-FRITCHEY-TURNER,JOHN, OSMOND, 
   GASH, CURRIE, CURRY,JULIE, FEIGENHOLTZ AND CROTTY.

Senate Sponsors:
LIGHTFORD

Short description: 
CRIMINAL EVIDENCE                                                          

Synopsis of Bill as introduced:
        Amends the Sexual  Assault  Survivors  Emergency  Treatment  Act.      
   Permits evidence and information concerning the alleged sexual assault      
   of  a minor to be released at the request of the minor if the minor is      
   13 years of age or older or by the attending physician if the minor is      
   under 13 years of age (now, the parent or legal guardian of the  minor      
   must  sign  for  the  release  of that evidence).  Amends the Juvenile      
   Court Act of  1987  and  the  Code  of  Criminal  Procedure  of  1963.      
   Provides that a laboratory report from the Department of State Police,      
   Division  of  Forensic  Services,  is  prima  facia  evidence  of  the      
   contents,  identity, and weight of a controlled substance or cannabis.      
   Amends the Code of Criminal Procedure of 1963.  Provides that  certain      
   laboratory  reports  from  the Department of State Police, Division of      
   Forensic Services, may be based on random sampling  to  determine  the      
   net  weight  and  population  content  of  controlled  substances  and      
   cannabis.  Effective immediately.                                           
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          705 ILCS 405/1-10.5 new                                              
          725 ILCS 5/115-15                                                    
          Adds reference to:                                                   
          410 ILCS 70/6.4                 from Ch. 111 1/2, par. 87-6.4        
        Deletes everything. Amends the Sexual Assault Survivors Emergency      
   Treatment Act.  Deletes current provisions concerning the  release  of      
   evidence  and  information  concerning the alleged sexual assault of a      
   minor.  Provides that if a survivor of a sexual assault is a minor who      
   is 13 years of age or older, evidence and  information  concerning  an      
   alleged  sexual  assault may be released at the written request of the      
   minor.  Provides that if a survivor of a sexual assault is a minor who      
   is under 13 years of age,  evidence  and  information  concerning  the      
   alleged  sexual  assault may be released at the written request of the      
   parent, guardian, investigating law enforcement officer, or Department      
   of Children and Family  Services.   Provides  civil  and  professional      
   immunity  to  health  care  professionals and health care institutions      
   providing evidence and  information  to  a  law  enforcement  officer.      
   Effective immediately.                                                      
          FISCAL NOTE, H-AM 1 (Department of Corrections)                      
          There would be no corrections population or fiscal impact.           
          CORRECTIONAL NOTE, H-AM 1 (Department of Corrections)                
          Same as DOC fiscal note.                                             
        HOUSE AMENDMENT NO. 3.                                                 
        Deletes everything. Reinserts the provisions of  House  Amendment      
   No.   1  but  restores  provisions  that  a  sexual  assault  evidence      
   collection kit may not be released by a hospital without  the  written      
   consent  of  the  sexual  assault survivor.  Provides that health care      
   professional  and  institution  immunity  applies  only   if   certain      
   requirements are met.  Effective immediately.                               
 
Last action on Bill: SESSION SINE DIE

   Last action date: 01-01-09

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   0


   END OF INQUIRY 



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