SB3404 EngrossedLRB100 19981 MRW 35262 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 Preventing Sexual Violence in Higher
5Education Act is amended by changing Section 10 as follows:
 
6    (110 ILCS 155/10)
7    Sec. 10. Comprehensive policy. On or before August 1, 2016,
8all higher education institutions shall adopt a comprehensive
9policy concerning sexual violence, domestic violence, dating
10violence, and stalking consistent with governing federal and
11State law. The higher education institution's comprehensive
12policy shall include, at a minimum, all of the following
13components:
14        (1) A definition of consent that, at a minimum,
15    recognizes that (i) consent is a freely given agreement to
16    sexual activity, (ii) a person's lack of verbal or physical
17    resistance or submission resulting from the use or threat
18    of force does not constitute consent, (iii) a person's
19    manner of dress does not constitute consent, (iv) a
20    person's consent to past sexual activity does not
21    constitute consent to future sexual activity, (v) a
22    person's consent to engage in sexual activity with one
23    person does not constitute consent to engage in sexual

 

 

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1    activity with another, (vi) a person can withdraw consent
2    at any time, and (vii) a person cannot consent to sexual
3    activity if that person is unable to understand the nature
4    of the activity or give knowing consent due to
5    circumstances, including without limitation the following:
6            (A) the person is incapacitated due to the use or
7        influence of alcohol or drugs;
8            (B) the person is asleep or unconscious;
9            (C) the person is under age; or
10            (D) the person is incapacitated due to a mental
11        disability.
12        Nothing in this Section prevents a higher education
13    institution from defining consent in a more demanding
14    manner.
15        (2) Procedures that students of the higher education
16    institution may follow if they choose to report an alleged
17    violation of the comprehensive policy, regardless of where
18    the incident of sexual violence, domestic violence, dating
19    violence, or stalking occurred, including all of the
20    following:
21            (A) Name and contact information for the Title IX
22        coordinator, campus law enforcement or security, local
23        law enforcement, and the community-based sexual
24        assault crisis center.
25            (B) The name, title, and contact information for
26        confidential advisors and other confidential resources

 

 

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1        and a description of what confidential reporting
2        means.
3            (C) Information regarding the various individuals,
4        departments, or organizations to whom a student may
5        report a violation of the comprehensive policy,
6        specifying for each individual and entity (i) the
7        extent of the individual's or entity's reporting
8        obligation, (ii) the extent of the individual's or
9        entity's ability to protect the student's privacy, and
10        (iii) the extent of the individual's or entity's
11        ability to have confidential communications with the
12        student.
13            (D) An option for students to electronically
14        report.
15            (E) An option for students to anonymously report.
16            (F) An option for students to confidentially
17        report.
18            (G) An option for reports by third parties and
19        bystanders.
20        (3) The higher education institution's procedure for
21    responding to a report of an alleged incident of sexual
22    violence, domestic violence, dating violence, or stalking,
23    including without limitation (i) assisting and
24    interviewing the survivor, (ii) identifying and locating
25    witnesses, (iii) contacting and interviewing the
26    respondent, (iv) contacting and cooperating with law

 

 

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1    enforcement, when applicable, and (v) providing
2    information regarding the importance of preserving
3    physical evidence of the sexual violence and the
4    availability of a medical forensic examination at no charge
5    to the survivor.
6        (4) A statement of the higher education institution's
7    obligation to provide survivors with concise information,
8    written in plain language, concerning the survivor's
9    rights and options, upon receiving a report of an alleged
10    violation of the comprehensive policy, as described in
11    Section 15 of this Act.
12        (5) The name, address, and telephone number of the
13    medical facility nearest to each campus of the higher
14    education institution where a survivor may have a medical
15    forensic examination completed at no cost to the survivor,
16    pursuant to the Sexual Assault Survivors Emergency
17    Treatment Act.
18        (6) The name, telephone number, address, and website
19    URL, if available, of community-based, State, and national
20    sexual assault crisis centers.
21        (7) A statement notifying survivors of the interim
22    protective measures and accommodations reasonably
23    available from the higher education institution that a
24    survivor may request in response to an alleged violation of
25    the comprehensive policy, including without limitation
26    changes to academic, living, dining, transportation, and

 

 

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1    working situations, obtaining and enforcing campus no
2    contact orders, and honoring an order of protection or no
3    contact order entered by a State civil or criminal court.
4        (8) The higher education institution's complaint
5    resolution procedures if a student alleges violation of the
6    comprehensive violence policy, including, at a minimum,
7    the guidelines set forth in Section 25 of this Act.
8        (9) A statement of the range of sanctions the higher
9    education institution may impose following the
10    implementation of its complaint resolution procedures in
11    response to an alleged violation of the comprehensive
12    policy. Sanctions may include, but are not limited to,
13    suspension, expulsion, or removal of the student found,
14    after complaint resolution procedures, to be in violation
15    of the comprehensive policy of the higher education
16    institution.
17        (10) A statement of the higher education institution's
18    obligation to include an amnesty provision that provides
19    immunity to any student who reports, in good faith, an
20    alleged violation of the higher education institution's
21    comprehensive policy to a responsible employee, as defined
22    by federal law, so that the reporting student will not
23    receive a disciplinary sanction by the institution for a
24    student conduct violation, such as underage drinking or
25    possession or use of a controlled substance, that is
26    revealed in the course of such a report, unless the

 

 

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1    institution determines that the violation was egregious,
2    including without limitation an action that places the
3    health or safety of any other person at risk.
4        (11) A statement of the higher education institution's
5    prohibition on retaliation against those who, in good
6    faith, report or disclose an alleged violation of the
7    comprehensive policy, file a complaint, or otherwise
8    participate in the complaint resolution procedure and
9    available sanctions for individuals who engage in
10    retaliatory conduct.
11(Source: P.A. 99-426, eff. 8-21-15; 99-741, eff. 8-5-16.)
 
12    Section 10. The Liquor Control Act of 1934 is amended by
13changing Section 6-20 as follows:
 
14    (235 ILCS 5/6-20)  (from Ch. 43, par. 134a)
15    Sec. 6-20. Transfer, possession, and consumption of
16alcoholic liquor; restrictions.
17    (a) Any person to whom the sale, gift or delivery of any
18alcoholic liquor is prohibited because of age shall not
19purchase, or accept a gift of such alcoholic liquor or have
20such alcoholic liquor in his possession.
21    (b) If a licensee or his or her agents or employees
22believes or has reason to believe that a sale or delivery of
23any alcoholic liquor is prohibited because of the non-age of
24the prospective recipient, he or she shall, before making such

 

 

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1sale or delivery demand presentation of some form of positive
2identification, containing proof of age, issued by a public
3officer in the performance of his or her official duties.
4    (c) No person shall transfer, alter, or deface such an
5identification card; use the identification card of another;
6carry or use a false or forged identification card; or obtain
7an identification card by means of false information.
8    (d) No person shall purchase, accept delivery or have
9possession of alcoholic liquor in violation of this Section.
10    (e) The consumption of alcoholic liquor by any person under
1121 years of age is forbidden.
12    (f) Whoever violates any provisions of this Section shall
13be guilty of a Class A misdemeanor.
14    (g) The possession and dispensing, or consumption by a
15person under 21 years of age of alcoholic liquor in the
16performance of a religious service or ceremony, or the
17consumption by a person under 21 years of age under the direct
18supervision and approval of the parents or parent or those
19persons standing in loco parentis of such person under 21 years
20of age in the privacy of a home, is not prohibited by this Act.
21    (h) The provisions of this Act prohibiting the possession
22of alcoholic liquor by a person under 21 years of age and
23dispensing of alcoholic liquor to a person under 21 years of
24age do not apply in the case of a student under 21 years of age,
25but 18 years of age or older, who:
26        (1) tastes, but does not imbibe, alcoholic liquor only

 

 

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1    during times of a regularly scheduled course while under
2    the direct supervision of an instructor who is at least 21
3    years of age and employed by an educational institution
4    described in subdivision (2);
5        (2) is enrolled as a student in a college, university,
6    or post-secondary educational institution that is
7    accredited or certified by an agency recognized by the
8    United States Department of Education or a nationally
9    recognized accrediting agency or association, or that has a
10    permit of approval issued by the Board of Higher Education
11    pursuant to the Private Business and Vocational Schools Act
12    of 2012;
13        (3) is participating in a culinary arts, fermentation
14    science, food service, or restaurant management degree
15    program of which a portion of the program includes
16    instruction on responsible alcoholic beverage serving
17    methods modeled after the Beverage Alcohol Sellers and
18    Server Education and Training (BASSET) curriculum; and
19        (4) tastes, but does not imbibe, alcoholic liquor for
20    instructional purposes up to, but not exceeding, 6 times
21    per class as a part of a required course in which the
22    student temporarily possesses alcoholic liquor for
23    tasting, not imbibing, purposes only in a class setting on
24    the campus and, thereafter, the alcoholic liquor is
25    possessed and remains under the control of the instructor.
26    (i) A law enforcement officer may not charge or otherwise

 

 

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1take a person into custody based solely on the commission of an
2offense that involves alcohol and violates subsection (d) or
3(e) of this Section if the law enforcement officer, after
4making a reasonable determination and considering the facts and
5surrounding circumstances, reasonably believes that all of the
6following apply:
7        (1) The law enforcement officer has contact with the
8    person because that person either:
9            (A) requested emergency medical assistance for an
10        individual who reasonably appeared to be in need of
11        medical assistance due to alcohol consumption; or
12            (B) acted in concert with another person who
13        requested emergency medical assistance for an
14        individual who reasonably appeared to be in need of
15        medical assistance due to alcohol consumption;
16        however, the provisions of this subparagraph (B) shall
17        not apply to more than 3 persons acting in concert for
18        any one occurrence.
19        (2) The person described in subparagraph (A) or (B) of
20    paragraph (1) of this subsection (i):
21            (A) provided his or her full name and any other
22        relevant information requested by the law enforcement
23        officer;
24            (B) remained at the scene with the individual who
25        reasonably appeared to be in need of medical assistance
26        due to alcohol consumption until emergency medical

 

 

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1        assistance personnel arrived; and
2            (C) cooperated with emergency medical assistance
3        personnel and law enforcement officers at the scene.
4    (i-5) (1) In this subsection (i-5):
5        "Medical forensic services" has the meaning defined in
6    Section 1a of the Sexual Assault Survivors Emergency
7    Treatment Act.
8        "Sexual assault" means an act of sexual conduct or
9    sexual penetration, defined in Section 11-0.1 of the
10    Criminal Code of 2012, including, without limitation, acts
11    prohibited under Sections 11-1.20 through 11-1.60 of the
12    Criminal Code of 2012.
13        (2) A law enforcement officer may not charge or
14    otherwise take a person into custody based solely on the
15    commission of an offense that involves alcohol and violates
16    subsection (d) or (e) of this Section if the law
17    enforcement officer, after making a reasonable
18    determination and considering the facts and surrounding
19    circumstances, reasonably believes that all of the
20    following apply:
21            (A) The law enforcement officer has contact with
22        the person because the person:
23                (i) reported that he or she was sexually
24            assaulted;
25                (ii) reported a sexual assault of another
26            person or requested emergency medical assistance

 

 

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1            or medical forensic services for another person
2            who had been sexually assaulted; or
3                (iii) acted in concert with another person who
4            reported a sexual assault of another person or
5            requested emergency medical assistance or medical
6            forensic services for another person who had been
7            sexually assaulted; however, the provisions of
8            this item (iii) shall not apply to more than 3
9            persons acting in concert for any one occurrence.
10    The report of a sexual assault may have been made to a
11health care provider, to law enforcement, including the campus
12police or security department of an institution of higher
13education, or to the Title IX coordinator of an institution of
14higher education or another employee of the institution
15responsible for responding to reports of sexual assault under
16State or federal law.
17            (B) The person who reports the sexual assault:
18                (i) provided his or her full name;
19                (ii) remained at the scene until emergency
20            medical assistance personnel arrived, if emergency
21            medical assistance was summoned for the person who
22            was sexually assaulted and he or she cooperated
23            with emergency medical assistance personnel; and
24                (iii) cooperated with the agency or person to
25            whom the sexual assault was reported if he or she
26            witnessed or reported the sexual assault of

 

 

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1            another person.
2    (j) A person who meets the criteria of paragraphs (1) and
3(2) of subsection (i) of this Section or a person who meets the
4criteria of paragraph (2) of subsection (i-5) of this Section
5shall be immune from criminal liability for an offense under
6subsection (d) or (e) of this Section.
7    (k) A person may not initiate an action against a law
8enforcement officer based on the officer's compliance or
9failure to comply with subsection (i) or (i-5) of this Section,
10except for willful or wanton misconduct.
11(Source: P.A. 99-447, eff. 6-1-16; 99-795, eff. 8-12-16.)
 
12    Section 15. The Sexual Assault Survivors Emergency
13Treatment Act is amended by changing Section 5 as follows:
 
14    (410 ILCS 70/5)  (from Ch. 111 1/2, par. 87-5)
15    Sec. 5. Minimum requirements for hospitals providing
16hospital emergency services and forensic services to sexual
17assault survivors.
18    (a) Every hospital providing hospital emergency services
19and forensic services to sexual assault survivors under this
20Act shall, as minimum requirements for such services, provide,
21with the consent of the sexual assault survivor, and as ordered
22by the attending physician, an advanced practice registered
23nurse, or a physician assistant, the following:
24        (1) appropriate medical examinations and laboratory

 

 

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1    tests required to ensure the health, safety, and welfare of
2    a sexual assault survivor or which may be used as evidence
3    in a criminal proceeding against a person accused of the
4    sexual assault, or both; and records of the results of such
5    examinations and tests shall be maintained by the hospital
6    and made available to law enforcement officials upon the
7    request of the sexual assault survivor;
8        (2) appropriate oral and written information
9    concerning the possibility of infection, sexually
10    transmitted disease and pregnancy resulting from sexual
11    assault;
12        (3) appropriate oral and written information
13    concerning accepted medical procedures, medication, and
14    possible contraindications of such medication available
15    for the prevention or treatment of infection or disease
16    resulting from sexual assault;
17        (3.5) after a medical evidentiary or physical
18    examination, access to a shower at no cost, unless
19    showering facilities are unavailable;
20        (4) an amount of medication for treatment at the
21    hospital and after discharge as is deemed appropriate by
22    the attending physician, an advanced practice registered
23    nurse, or a physician assistant and consistent with the
24    hospital's current approved protocol for sexual assault
25    survivors;
26        (5) an evaluation of the sexual assault survivor's risk

 

 

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1    of contracting human immunodeficiency virus (HIV) from the
2    sexual assault;
3        (6) written and oral instructions indicating the need
4    for follow-up examinations and laboratory tests after the
5    sexual assault to determine the presence or absence of
6    sexually transmitted disease;
7        (7) referral by hospital personnel for appropriate
8    counseling; and
9        (8) when HIV prophylaxis is deemed appropriate, an
10    initial dose or doses of HIV prophylaxis, along with
11    written and oral instructions indicating the importance of
12    timely follow-up healthcare.
13    (b) Any person who is a sexual assault survivor who seeks
14emergency hospital services and forensic services or follow-up
15healthcare under this Act shall be provided such services
16without the consent of any parent, guardian, custodian,
17surrogate, or agent.
18    (b-5) Every treating hospital providing hospital emergency
19and forensic services to sexual assault survivors shall issue a
20voucher to any sexual assault survivor who is eligible to
21receive one. The hospital shall make a copy of the voucher and
22place it in the medical record of the sexual assault survivor.
23The hospital shall provide a copy of the voucher to the sexual
24assault survivor after discharge upon request.
25    (c) Nothing in this Section creates a physician-patient
26relationship that extends beyond discharge from the hospital

 

 

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1emergency department.
2(Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16;
399-642, eff. 7-28-16; 100-513, eff. 1-1-18.)
 
4    Section 20. The Criminal Code of 2012 is amended by
5changing Section 3-6 as follows:
 
6    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
7    Sec. 3-6. Extended limitations. The period within which a
8prosecution must be commenced under the provisions of Section
93-5 or other applicable statute is extended under the following
10conditions:
11    (a) A prosecution for theft involving a breach of a
12fiduciary obligation to the aggrieved person may be commenced
13as follows:
14        (1) If the aggrieved person is a minor or a person
15    under legal disability, then during the minority or legal
16    disability or within one year after the termination
17    thereof.
18        (2) In any other instance, within one year after the
19    discovery of the offense by an aggrieved person, or by a
20    person who has legal capacity to represent an aggrieved
21    person or has a legal duty to report the offense, and is
22    not himself or herself a party to the offense; or in the
23    absence of such discovery, within one year after the proper
24    prosecuting officer becomes aware of the offense. However,

 

 

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1    in no such case is the period of limitation so extended
2    more than 3 years beyond the expiration of the period
3    otherwise applicable.
4    (b) A prosecution for any offense based upon misconduct in
5office by a public officer or employee may be commenced within
6one year after discovery of the offense by a person having a
7legal duty to report such offense, or in the absence of such
8discovery, within one year after the proper prosecuting officer
9becomes aware of the offense. However, in no such case is the
10period of limitation so extended more than 3 years beyond the
11expiration of the period otherwise applicable.
12    (b-5) When the victim is under 18 years of age at the time
13of the offense, a prosecution for involuntary servitude,
14involuntary sexual servitude of a minor, or trafficking in
15persons and related offenses under Section 10-9 of this Code
16may be commenced within 25 years of the victim attaining the
17age of 18 years.
18    (c) (Blank).
19    (d) A prosecution for child pornography, aggravated child
20pornography, indecent solicitation of a child, soliciting for a
21juvenile prostitute, juvenile pimping, exploitation of a
22child, or promoting juvenile prostitution except for keeping a
23place of juvenile prostitution may be commenced within one year
24of the victim attaining the age of 18 years. However, in no
25such case shall the time period for prosecution expire sooner
26than 3 years after the commission of the offense.

 

 

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1    (e) Except as otherwise provided in subdivision (j), a
2prosecution for any offense involving sexual conduct or sexual
3penetration, as defined in Section 11-0.1 of this Code, where
4the defendant was within a professional or fiduciary
5relationship or a purported professional or fiduciary
6relationship with the victim at the time of the commission of
7the offense may be commenced within one year after the
8discovery of the offense by the victim.
9    (f) A prosecution for any offense set forth in Section 44
10of the "Environmental Protection Act", approved June 29, 1970,
11as amended, may be commenced within 5 years after the discovery
12of such an offense by a person or agency having the legal duty
13to report the offense or in the absence of such discovery,
14within 5 years after the proper prosecuting officer becomes
15aware of the offense.
16    (f-5) A prosecution for any offense set forth in Section
1716-30 of this Code may be commenced within 5 years after the
18discovery of the offense by the victim of that offense.
19    (g) (Blank).
20    (h) (Blank).
21    (i) Except as otherwise provided in subdivision (j), a
22prosecution for criminal sexual assault, aggravated criminal
23sexual assault, or aggravated criminal sexual abuse may be
24commenced within 10 years of the commission of the offense if
25the victim reported the offense to law enforcement authorities
26within 3 years after the commission of the offense. If the

 

 

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1victim consented to the collection of evidence using an
2Illinois State Police Sexual Assault Evidence Collection Kit
3under the Sexual Assault Survivors Emergency Treatment Act, it
4shall constitute reporting for purposes of this Section.
5    Nothing in this subdivision (i) shall be construed to
6shorten a period within which a prosecution must be commenced
7under any other provision of this Section.
8    (i-5) A prosecution for armed robbery, home invasion,
9kidnapping, or aggravated kidnaping may be commenced within 10
10years of the commission of the offense if it arises out of the
11same course of conduct and meets the criteria under one of the
12offenses in subsection (i) of this Section.
13    (j) (1) When the victim is under 18 years of age at the
14time of the offense, a prosecution for criminal sexual assault,
15aggravated criminal sexual assault, predatory criminal sexual
16assault of a child, aggravated criminal sexual abuse, or felony
17criminal sexual abuse may be commenced at any time.
18    (2) When the victim is under 18 years of age at the time of
19the offense, a prosecution for failure of a person who is
20required to report an alleged or suspected commission of
21criminal sexual assault, aggravated criminal sexual assault,
22predatory criminal sexual assault of a child, aggravated
23criminal sexual abuse, or felony criminal sexual abuse under
24the Abused and Neglected Child Reporting Act may be commenced
25within 20 years after the child victim attains 18 years of age.
26    (3) When the victim is under 18 years of age at the time of

 

 

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1the offense, a prosecution for misdemeanor criminal sexual
2abuse may be commenced within 10 years after the child victim
3attains 18 years of age.
4    (4) Nothing in this subdivision (j) shall be construed to
5shorten a period within which a prosecution must be commenced
6under any other provision of this Section.
7    (j-5) A prosecution for armed robbery, home invasion,
8kidnapping, or aggravated kidnaping may be commenced at any
9time if it arises out of the same course of conduct and meets
10the criteria under one of the offenses in subsection (j) of
11this Section.
12    (k) (Blank).
13    (l) A prosecution for any offense set forth in Section 26-4
14of this Code may be commenced within one year after the
15discovery of the offense by the victim of that offense.
16    (m) The prosecution shall not be required to prove at trial
17facts which extend the general limitations in Section 3-5 of
18this Code when the facts supporting extension of the period of
19general limitations are properly pled in the charging document.
20Any challenge relating to the extension of the general
21limitations period as defined in this Section shall be
22exclusively conducted under Section 114-1 of the Code of
23Criminal Procedure of 1963.
24(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16;
25100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff.
261-1-18; revised 10-5-17.)
 

 

 

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1    Section 25. The Illinois Controlled Substances Act is
2amended by adding Section 415 as follows:
 
3    (720 ILCS 570/415 new)
4    Sec. 415. Use, possession, and consumption of a controlled
5substance related to sexual assault; limited immunity from
6prosecution.
7    (a) In this Section:
8        "Medical forensic services" has the meaning defined in
9    Section 1a of the Sexual Assault Survivors Emergency
10    Treatment Act.
11        "Sexual assault" means an act of sexual conduct or
12    sexual penetration, defined in Section 11-0.1 of the
13    Criminal Code of 2012, including, without limitation, acts
14    prohibited under Sections 11-1.20 through 11-1.60 of the
15    Criminal Code of 2012.
16    (b) A person who is a victim of a sexual assault shall not
17be charged or prosecuted for Class 4 felony possession of a
18controlled, counterfeit, or look-alike substance or a
19controlled substance analog:
20        (1) if evidence for the Class 4 felony possession
21    charge was acquired as a result of the person reporting the
22    sexual assault to law enforcement, or seeking or obtaining
23    emergency medical assistance or medical forensic services;
24    and

 

 

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1        (2) provided the amount of substance recovered is
2    within the amount identified in subsection (d) of this
3    Section.
4    (c) A person who, in good faith, reports to law enforcement
5the commission of a sexual assault against another person or
6seeks or obtains emergency medical assistance or medical
7forensic services for a victim of sexual assault shall not be
8charged or prosecuted for Class 4 felony possession of a
9controlled, counterfeit, or look-alike substance or a
10controlled substance analog:
11        (1) if evidence for the Class 4 felony possession
12    charge was acquired as a result of the person seeking or
13    obtaining emergency medical assistance or medical forensic
14    services; and
15        (2) provided the amount of substance recovered is
16    within the amount identified in subsection (d) of this
17    Section.
18    (d) For the purposes of subsections (b) and (c) of this
19Section, the limited immunity shall only apply to a person
20possessing the following amount:
21        (1) less than 3 grams of a substance containing heroin;
22        (2) less than 3 grams of a substance containing
23    cocaine;
24        (3) less than 3 grams of a substance containing
25    morphine;
26        (4) less than 40 grams of a substance containing

 

 

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1    peyote;
2        (5) less than 40 grams of a substance containing a
3    derivative of barbituric acid or any of the salts of a
4    derivative of barbituric acid;
5        (6) less than 40 grams of a substance containing
6    amphetamine or any salt of an optical isomer of
7    amphetamine;
8        (7) less than 3 grams of a substance containing
9    lysergic acid diethylamide (LSD), or an analog thereof;
10        (8) less than 6 grams of a substance containing
11    pentazocine or any of the salts, isomers and salts of
12    isomers of pentazocine, or an analog thereof;
13        (9) less than 6 grams of a substance containing
14    methaqualone or any of the salts, isomers and salts of
15    isomers of methaqualone;
16        (10) less than 6 grams of a substance containing
17    phencyclidine or any of the salts, isomers and salts of
18    isomers of phencyclidine (PCP);
19        (11) less than 6 grams of a substance containing
20    ketamine or any of the salts, isomers and salts of isomers
21    of ketamine; or
22        (12) less than 40 grams of a substance containing a
23    substance classified as a narcotic drug in Schedules I or
24    II, or an analog thereof, which is not otherwise included
25    in this subsection (d).
26    (e) The limited immunity described in subsections (b) and

 

 

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1(c) of this Section shall not be extended if law enforcement
2has reasonable suspicion or probable cause to detain, arrest,
3or search the person described in subsection (b) or (c) of this
4Section for criminal activity and the reasonable suspicion or
5probable cause is based on information obtained prior to or
6independent of the person described in subsection (b) or (c) of
7this Section taking action to report a sexual assault to law
8enforcement or to seek or obtain emergency medical assistance
9or medical forensic services and not obtained as a direct
10result of the action of seeking or obtaining emergency medical
11assistance or medical forensic services. Nothing in this
12Section is intended to interfere with or prevent the
13investigation, arrest, or prosecution of any person for the
14delivery or distribution of cannabis, methamphetamine, or
15other controlled substances, drug-induced homicide, or any
16other crime.
 
17    Section 30. The Rights of Crime Victims and Witnesses Act
18is amended by changing Section 4 and by adding Section 4.6 as
19follows:
 
20    (725 ILCS 120/4)  (from Ch. 38, par. 1404)
21    Sec. 4. Rights of crime victims.
22    (a) Crime victims shall have the following rights:
23        (1) The right to be treated with fairness and respect
24    for their dignity and privacy and to be free from

 

 

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1    harassment, intimidation, and abuse throughout the
2    criminal justice process.
3        (1.5) The right to notice and to a hearing before a
4    court ruling on a request for access to any of the victim's
5    records, information, or communications which are
6    privileged or confidential by law.
7        (2) The right to timely notification of all court
8    proceedings.
9        (3) The right to communicate with the prosecution.
10        (4) The right to be heard at any post-arraignment court
11    proceeding in which a right of the victim is at issue and
12    any court proceeding involving a post-arraignment release
13    decision, plea, or sentencing.
14        (5) The right to be notified of the conviction, the
15    sentence, the imprisonment and the release of the accused.
16        (6) The right to the timely disposition of the case
17    following the arrest of the accused.
18        (7) The right to be reasonably protected from the
19    accused through the criminal justice process.
20        (7.5) The right to have the safety of the victim and
21    the victim's family considered in denying or fixing the
22    amount of bail, determining whether to release the
23    defendant, and setting conditions of release after arrest
24    and conviction.
25        (8) The right to be present at the trial and all other
26    court proceedings on the same basis as the accused, unless

 

 

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1    the victim is to testify and the court determines that the
2    victim's testimony would be materially affected if the
3    victim hears other testimony at the trial.
4        (9) The right to have present at all court proceedings,
5    including proceedings under the Juvenile Court Act of 1987,
6    subject to the rules of evidence, an advocate and other
7    support person of the victim's choice.
8        (10) The right to restitution.
9    (b) Any law enforcement agency that investigates an offense
10committed in this State shall provide a crime victim with a
11written statement and explanation of the rights of crime
12victims under this amendatory Act of the 99th General Assembly
13within 48 hours of law enforcement's initial contact with a
14victim. The statement shall include information about crime
15victim compensation, including how to contact the Office of the
16Illinois Attorney General to file a claim, and appropriate
17referrals to local and State programs that provide victim
18services. The content of the statement shall be provided to law
19enforcement by the Attorney General. Law enforcement shall also
20provide a crime victim with a sign-off sheet that the victim
21shall sign and date as an acknowledgement that he or she has
22been furnished with information and an explanation of the
23rights of crime victims and compensation set forth in this Act.
24    (b-5) Upon the request of the victim, the law enforcement
25agency having jurisdiction shall provide a free copy of the
26police report concerning the victim's incident, as soon as

 

 

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1practicable, but in no event later than 5 business days from
2the request.
3    (c) The Clerk of the Circuit Court shall post the rights of
4crime victims set forth in Article I, Section 8.1(a) of the
5Illinois Constitution and subsection (a) of this Section within
63 feet of the door to any courtroom where criminal proceedings
7are conducted. The clerk may also post the rights in other
8locations in the courthouse.
9    (d) At any point, the victim has the right to retain a
10victim's attorney who may be present during all stages of any
11interview, investigation, or other interaction with
12representatives of the criminal justice system. Treatment of
13the victim should not be affected or altered in any way as a
14result of the victim's decision to exercise this right.
15(Source: P.A. 99-413, eff. 8-20-15.)
 
16    (725 ILCS 120/4.6 new)
17    Sec. 4.6. Advocates; support person.
18    (a) A crime victim has a right to have an advocate present
19during any medical evidentiary or physical examination, unless
20no advocate can be summoned in a reasonably timely manner. The
21victim also has the right to have an additional person present
22for support during any medical evidentiary or physical
23examination.
24    (b) A victim retains the rights prescribed in subsection
25(a) of this Section even if the victim has waived these rights

 

 

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1in a previous examination.
 
2    Section 35. The Sexual Assault Incident Procedure Act is
3amended by changing Section 25 as follows:
 
4    (725 ILCS 203/25)
5    Sec. 25. Report; victim notice.
6    (a) At the time of first contact with the victim, law
7enforcement shall:
8        (1) Advise the victim about the following by providing
9    a form, the contents of which shall be prepared by the
10    Office of the Attorney General and posted on its website,
11    written in a language appropriate for the victim or in
12    Braille, or communicating in appropriate sign language
13    that includes, but is not limited to:
14            (A) information about seeking medical attention
15        and preserving evidence, including specifically,
16        collection of evidence during a medical forensic
17        examination at a hospital and photographs of injury and
18        clothing;
19            (B) notice that the victim will not be charged for
20        hospital emergency and medical forensic services;
21            (C) information advising the victim that evidence
22        can be collected at the hospital up to 7 days after the
23        sexual assault or sexual abuse but that the longer the
24        victim waits the likelihood of obtaining evidence

 

 

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1        decreases;
2            (C-5) notice that the sexual assault forensic
3        evidence collected will not be used to prosecute the
4        victim for any offense related to the use of alcohol,
5        cannabis, or a controlled substance;
6            (D) the location of nearby hospitals that provide
7        emergency medical and forensic services and, if known,
8        whether the hospitals employ any sexual assault nurse
9        examiners;
10            (E) a summary of the procedures and relief
11        available to victims of sexual assault or sexual abuse
12        under the Civil No Contact Order Act or the Illinois
13        Domestic Violence Act of 1986;
14            (F) the law enforcement officer's name and badge
15        number;
16            (G) at least one referral to an accessible service
17        agency and information advising the victim that rape
18        crisis centers can assist with obtaining civil no
19        contact orders and orders of protection; and
20            (H) if the sexual assault or sexual abuse occurred
21        in another jurisdiction, provide in writing the
22        address and phone number of a specific contact at the
23        law enforcement agency having jurisdiction.
24        (2) Offer to provide or arrange accessible
25    transportation for the victim to a hospital for emergency
26    and forensic services, including contacting emergency

 

 

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1    medical services.
2        (3) Offer to provide or arrange accessible
3    transportation for the victim to the nearest available
4    circuit judge or associate judge so the victim may file a
5    petition for an emergency civil no contact order under the
6    Civil No Contact Order Act or an order of protection under
7    the Illinois Domestic Violence Act of 1986 after the close
8    of court business hours, if a judge is available.
9    (b) At the time of the initial contact with a person making
10a third-party report under Section 22 of this Act, a law
11enforcement officer shall provide the written information
12prescribed under paragraph (1) of subsection (a) of this
13Section to the person making the report and request the person
14provide the written information to the victim of the sexual
15assault or sexual abuse.
16    (c) If the first contact with the victim occurs at a
17hospital, a law enforcement officer may request the hospital
18provide interpretive services.
19(Source: P.A. 99-801, eff. 1-1-17.)