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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6890
Introduced 2/9/2004, by John J. Millner SYNOPSIS AS INTRODUCED:
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720 ILCS 5/12-18 |
from Ch. 38, par. 12-18 |
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Amends the Criminal Code of 1961. Provides that if a person is charged with criminal sexual abuse or aggravated criminal sexual abuse, the prosecuting State's Attorney shall seek an order from the court to compel the accused to be tested for a sexually transmissible disease, including a test for infection with HIV. Presently, the test is only required for persons charged with criminal sexual assault, aggravated criminal sexual assault, or predatory criminal sexual assault of a child.
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| FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB6890 |
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LRB093 18458 RLC 44170 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing |
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| Section 12-18 as follows:
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| (720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
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| Sec. 12-18. General Provisions.
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| (a) No person accused of violating Sections 12-13, 12-14, |
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| 12-15 or 12-16
of this Code shall be presumed to be incapable |
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| of committing an offense
prohibited by Sections 12-13, 12-14, |
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| 12-14.1, 12-15 or 12-16 of this Code
because of age, physical |
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| condition or relationship to the victim, except as
otherwise |
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| provided in subsection (c) of this Section. Nothing in this |
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| Section
shall be construed to modify or abrogate the |
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| affirmative defense of infancy
under Section 6-1 of this Code |
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| or the provisions of Section 5-805 of the
Juvenile Court Act of |
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| 1987.
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| (b) Any medical examination or procedure which is conducted |
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| by a physician,
nurse, medical or hospital personnel, parent, |
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| or caretaker for purposes
and in a manner consistent with |
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| reasonable medical standards is not an offense
under Sections |
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| 12-13, 12-14, 12-14.1, 12-15 and 12-16 of this Code.
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| (c) Prosecution of a spouse of a victim under this |
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| subsection for any
violation by the victim's spouse of Section |
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| 12-13, 12-14, 12-15 or 12-16 of
this Code is barred unless the |
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| victim reported such offense to a law
enforcement agency or the |
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| State's Attorney's office within 30 days after the
offense was |
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| committed, except when the court finds good cause for the |
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| delay.
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| (d) In addition to the sentences provided for in Sections |
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| 12-13,
12-14, 12-14.1, 12-15 and 12-16 of the Criminal Code of |
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| 1961 the Court may
order any person who is convicted of |
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HB6890 |
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LRB093 18458 RLC 44170 b |
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| violating any of those Sections to meet
all or any portion of |
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| the financial obligations of treatment, including but not
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| limited to medical, psychiatric, rehabilitative or |
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| psychological treatment,
prescribed for the victim or victims |
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| of the offense.
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| (e) After a finding at a preliminary hearing that there is |
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| probable
cause to believe that an accused has committed a |
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| violation of Section
12-13, 12-14, or 12-14.1, 12-15, or 12-16
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| of this Code, or after an indictment is returned
charging an |
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| accused with a violation of Section 12-13, 12-14, or 12-14.1, |
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| 12-15, or 12-16 of
this Code,
or after a finding that a |
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| defendant charged with a violation of Section
12-13, 12-14, or
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| 12-14.1, 12-15, or 12-16 of this Code is unfit to stand trial |
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| pursuant to
Section 104-16 of the Code of
Criminal Procedure of |
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| 1963 where the finding is made prior to preliminary
hearing,
at |
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| the request of the person who was the victim of the violation |
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| of
Section 12-13, 12-14, or 12-14.1, 12-15, or 12-16, the |
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| prosecuting State's attorney shall seek
an order from the court |
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| to compel the accused to be tested for any sexually
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| transmissible disease, including a test for infection with
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| human immunodeficiency virus (HIV). The medical tests shall be
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| performed only
by appropriately licensed medical |
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| practitioners. The test for infection with
human |
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| immunodeficiency virus (HIV) shall consist of an
enzyme-linked |
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| immunosorbent assay (ELISA) test, or such other test as may
be |
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| approved by the Illinois Department of Public Health; in the |
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| event of a
positive result, the Western Blot Assay or a more |
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| reliable confirmatory
test shall be administered. The results |
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| of the tests shall be
kept
strictly confidential by all medical |
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| personnel involved in the testing and
must be personally |
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| delivered in a sealed envelope to the victim and to the
judge |
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| who entered the order, for the judge's inspection in camera. |
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| Acting
in accordance with the best interests of the victim and |
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| the public, the
judge shall have the discretion to determine to |
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| whom, if anyone, the result
of the testing may be revealed; |
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| however, in no case shall the identity of
the victim be |
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HB6890 |
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LRB093 18458 RLC 44170 b |
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| disclosed. The court shall order that the cost of the tests
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| shall be paid by the county, and may be taxed as costs against |
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| the accused
if convicted.
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| (f) Whenever any law enforcement officer has reasonable |
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| cause to believe
that a person has been delivered a controlled |
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| substance without his or her
consent, the law enforcement |
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| officer shall advise the victim about seeking
medical treatment |
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| and preserving evidence.
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| (g) Every hospital providing emergency hospital services |
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| to an alleged
sexual assault survivor, when there is reasonable
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| cause to believe that a person has been delivered a controlled |
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| substance
without his or her consent, shall designate personnel |
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| to provide:
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| (1) An explanation to the victim about the nature and |
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| effects of commonly
used controlled substances and how such |
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| controlled substances are administered.
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| (2) An offer to the victim of testing for the presence |
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| of such controlled
substances.
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| (3) A disclosure to the victim that all controlled |
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| substances or alcohol
ingested by the victim will be |
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| disclosed by the test.
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| (4) A statement that the test is completely voluntary.
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| (5) A form for written authorization for sample |
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| analysis of all controlled
substances and alcohol ingested |
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| by the victim.
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| A physician licensed to practice medicine in all its |
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| branches may agree to
be a designated person under this |
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| subsection.
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| No sample analysis may be performed unless the victim
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| returns a signed written authorization within 48 hours after |
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| the sample was
collected.
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| Any medical treatment or care under this subsection shall |
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| be only in
accordance with the order of a physician licensed to |
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| practice medicine in all
of its branches. Any testing under |
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| this subsection shall be only in accordance
with the order of a |
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| licensed individual authorized to order the testing.
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