Sen. Kwame Raoul

Filed: 2/28/2018

 

 


 

 


 
10000SB3404sam001LRB100 19981 SLF 36935 a

1
AMENDMENT TO SENATE BILL 3404

2    AMENDMENT NO. ______. Amend Senate Bill 3404 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1    resistance or submission resulting from the use or threat
2    of force does not constitute consent, (iii) a person's
3    manner of dress does not constitute consent, (iv) a
4    person's consent to past sexual activity does not
5    constitute consent to future sexual activity, (v) a
6    person's consent to engage in sexual activity with one
7    person does not constitute consent to engage in sexual
8    activity with another, (vi) a person can withdraw consent
9    at any time, and (vii) a person cannot consent to sexual
10    activity if that person is unable to understand the nature
11    of the activity or give knowing consent due to
12    circumstances, including without limitation the following:
13            (A) the person is incapacitated due to the use or
14        influence of alcohol or drugs;
15            (B) the person is asleep or unconscious;
16            (C) the person is under age; or
17            (D) the person is incapacitated due to a mental
18        disability.
19        Nothing in this Section prevents a higher education
20    institution from defining consent in a more demanding
21    manner.
22        (2) Procedures that students of the higher education
23    institution may follow if they choose to report an alleged
24    violation of the comprehensive policy, regardless of where
25    the incident of sexual violence, domestic violence, dating
26    violence, or stalking occurred, including all of the

 

 

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1    following:
2            (A) Name and contact information for the Title IX
3        coordinator, campus law enforcement or security, local
4        law enforcement, and the community-based sexual
5        assault crisis center.
6            (B) The name, title, and contact information for
7        confidential advisors and other confidential resources
8        and a description of what confidential reporting
9        means.
10            (C) Information regarding the various individuals,
11        departments, or organizations to whom a student may
12        report a violation of the comprehensive policy,
13        specifying for each individual and entity (i) the
14        extent of the individual's or entity's reporting
15        obligation, (ii) the extent of the individual's or
16        entity's ability to protect the student's privacy, and
17        (iii) the extent of the individual's or entity's
18        ability to have confidential communications with the
19        student.
20            (D) An option for students to electronically
21        report.
22            (E) An option for students to anonymously report.
23            (F) An option for students to confidentially
24        report.
25            (G) An option for reports by third parties and
26        bystanders.

 

 

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1        (3) The higher education institution's procedure for
2    responding to a report of an alleged incident of sexual
3    violence, domestic violence, dating violence, or stalking,
4    including without limitation (i) assisting and
5    interviewing the survivor, (ii) identifying and locating
6    witnesses, (iii) contacting and interviewing the
7    respondent, (iv) contacting and cooperating with law
8    enforcement, when applicable, and (v) providing
9    information regarding the importance of preserving
10    physical evidence of the sexual violence and the
11    availability of a medical forensic examination at no charge
12    to the survivor.
13        (4) A statement of the higher education institution's
14    obligation to provide survivors with concise information,
15    written in plain language, concerning the survivor's
16    rights and options, upon receiving a report of an alleged
17    violation of the comprehensive policy, as described in
18    Section 15 of this Act.
19        (5) The name, address, and telephone number of the
20    medical facility nearest to each campus of the higher
21    education institution where a survivor may have a medical
22    forensic examination completed at no cost to the survivor,
23    pursuant to the Sexual Assault Survivors Emergency
24    Treatment Act.
25        (6) The name, telephone number, address, and website
26    URL, if available, of community-based, State, and national

 

 

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1    sexual assault crisis centers.
2        (7) A statement notifying survivors of the interim
3    protective measures and accommodations reasonably
4    available from the higher education institution that a
5    survivor may request in response to an alleged violation of
6    the comprehensive policy, including without limitation
7    changes to academic, living, dining, transportation, and
8    working situations, obtaining and enforcing campus no
9    contact orders, and honoring an order of protection or no
10    contact order entered by a State civil or criminal court.
11        (8) The higher education institution's complaint
12    resolution procedures if a student alleges violation of the
13    comprehensive violence policy, including, at a minimum,
14    the guidelines set forth in Section 25 of this Act.
15        (9) A statement of the range of sanctions the higher
16    education institution may impose following the
17    implementation of its complaint resolution procedures in
18    response to an alleged violation of the comprehensive
19    policy. Sanctions may include, but are not limited to,
20    suspension, expulsion, or removal of the student found,
21    after complaint resolution procedures, to be in violation
22    of the comprehensive policy of the higher education
23    institution.
24        (10) A statement of the higher education institution's
25    obligation to include an amnesty provision that provides
26    immunity to any student who reports, in good faith, an

 

 

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1    alleged violation of the higher education institution's
2    comprehensive policy to a responsible employee, as defined
3    by federal law, so that the reporting student will not
4    receive a disciplinary sanction by the institution for a
5    student conduct violation, such as underage drinking or
6    possession or use of a controlled substance, that is
7    revealed in the course of such a report, unless the
8    institution determines that the violation was egregious,
9    including without limitation an action that places the
10    health or safety of any other person at risk.
11        (11) A statement of the higher education institution's
12    prohibition on retaliation against those who, in good
13    faith, report or disclose an alleged violation of the
14    comprehensive policy, file a complaint, or otherwise
15    participate in the complaint resolution procedure and
16    available sanctions for individuals who engage in
17    retaliatory conduct.
18(Source: P.A. 99-426, eff. 8-21-15; 99-741, eff. 8-5-16.)
 
19    Section 10. The Liquor Control Act of 1934 is amended by
20changing Section 6-20 as follows:
 
21    (235 ILCS 5/6-20)  (from Ch. 43, par. 134a)
22    Sec. 6-20. Transfer, possession, and consumption of
23alcoholic liquor; restrictions.
24    (a) Any person to whom the sale, gift or delivery of any

 

 

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1alcoholic liquor is prohibited because of age shall not
2purchase, or accept a gift of such alcoholic liquor or have
3such alcoholic liquor in his possession.
4    (b) If a licensee or his or her agents or employees
5believes or has reason to believe that a sale or delivery of
6any alcoholic liquor is prohibited because of the non-age of
7the prospective recipient, he or she shall, before making such
8sale or delivery demand presentation of some form of positive
9identification, containing proof of age, issued by a public
10officer in the performance of his or her official duties.
11    (c) No person shall transfer, alter, or deface such an
12identification card; use the identification card of another;
13carry or use a false or forged identification card; or obtain
14an identification card by means of false information.
15    (d) No person shall purchase, accept delivery or have
16possession of alcoholic liquor in violation of this Section.
17    (e) The consumption of alcoholic liquor by any person under
1821 years of age is forbidden.
19    (f) Whoever violates any provisions of this Section shall
20be guilty of a Class A misdemeanor.
21    (g) The possession and dispensing, or consumption by a
22person under 21 years of age of alcoholic liquor in the
23performance of a religious service or ceremony, or the
24consumption by a person under 21 years of age under the direct
25supervision and approval of the parents or parent or those
26persons standing in loco parentis of such person under 21 years

 

 

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1of age in the privacy of a home, is not prohibited by this Act.
2    (h) The provisions of this Act prohibiting the possession
3of alcoholic liquor by a person under 21 years of age and
4dispensing of alcoholic liquor to a person under 21 years of
5age do not apply in the case of a student under 21 years of age,
6but 18 years of age or older, who:
7        (1) tastes, but does not imbibe, alcoholic liquor only
8    during times of a regularly scheduled course while under
9    the direct supervision of an instructor who is at least 21
10    years of age and employed by an educational institution
11    described in subdivision (2);
12        (2) is enrolled as a student in a college, university,
13    or post-secondary educational institution that is
14    accredited or certified by an agency recognized by the
15    United States Department of Education or a nationally
16    recognized accrediting agency or association, or that has a
17    permit of approval issued by the Board of Higher Education
18    pursuant to the Private Business and Vocational Schools Act
19    of 2012;
20        (3) is participating in a culinary arts, fermentation
21    science, food service, or restaurant management degree
22    program of which a portion of the program includes
23    instruction on responsible alcoholic beverage serving
24    methods modeled after the Beverage Alcohol Sellers and
25    Server Education and Training (BASSET) curriculum; and
26        (4) tastes, but does not imbibe, alcoholic liquor for

 

 

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1    instructional purposes up to, but not exceeding, 6 times
2    per class as a part of a required course in which the
3    student temporarily possesses alcoholic liquor for
4    tasting, not imbibing, purposes only in a class setting on
5    the campus and, thereafter, the alcoholic liquor is
6    possessed and remains under the control of the instructor.
7    (i) A law enforcement officer may not charge or otherwise
8take a person into custody based solely on the commission of an
9offense that involves alcohol and violates subsection (d) or
10(e) of this Section if the law enforcement officer, after
11making a reasonable determination and considering the facts and
12surrounding circumstances, reasonably believes that all of the
13following apply:
14        (1) The law enforcement officer has contact with the
15    person because that person either:
16            (A) requested emergency medical assistance for an
17        individual who reasonably appeared to be in need of
18        medical assistance due to alcohol consumption; or
19            (B) acted in concert with another person who
20        requested emergency medical assistance for an
21        individual who reasonably appeared to be in need of
22        medical assistance due to alcohol consumption;
23        however, the provisions of this subparagraph (B) shall
24        not apply to more than 3 persons acting in concert for
25        any one occurrence.
26        (2) The person described in subparagraph (A) or (B) of

 

 

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1    paragraph (1) of this subsection (i):
2            (A) provided his or her full name and any other
3        relevant information requested by the law enforcement
4        officer;
5            (B) remained at the scene with the individual who
6        reasonably appeared to be in need of medical assistance
7        due to alcohol consumption until emergency medical
8        assistance personnel arrived; and
9            (C) cooperated with emergency medical assistance
10        personnel and law enforcement officers at the scene.
11    (i-5) (1) In this subsection (i-5):
12        "Medical forensic services" has the meaning defined in
13    Section 1a of the Sexual Assault Survivors Emergency
14    Treatment Act.
15        "Sexual assault" means an act of sexual conduct or
16    sexual penetration, defined in Section 11-0.1 of the
17    Criminal Code of 2012, including, without limitation, acts
18    prohibited under Sections 11-1.20 through 11-1.60 of the
19    Criminal Code of 2012.
20        (2) A law enforcement officer may not charge or
21    otherwise take a person into custody based solely on the
22    commission of an offense that involves alcohol and violates
23    subsection (d) or (e) of this Section if the law
24    enforcement officer, after making a reasonable
25    determination and considering the facts and surrounding
26    circumstances, reasonably believes that all of the

 

 

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

 

 

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1            medical assistance personnel arrived, if emergency
2            medical assistance was summoned for the person who
3            was sexually assaulted and he or she cooperated
4            with emergency medical assistance personnel; and
5                (iii) cooperated with the agency or person to
6            whom the sexual assault was reported if he or she
7            witnessed or reported the sexual assault of
8            another person.
9    (j) A person who meets the criteria of paragraphs (1) and
10(2) of subsection (i) of this Section or a person who meets the
11criteria of paragraph (2) of subsection (i-5) of this Section
12shall be immune from criminal liability for an offense under
13subsection (d) or (e) of this Section.
14    (k) A person may not initiate an action against a law
15enforcement officer based on the officer's compliance or
16failure to comply with subsection (i) or (i-5) of this Section,
17except for willful or wanton misconduct.
18(Source: P.A. 99-447, eff. 6-1-16; 99-795, eff. 8-12-16.)
 
19    Section 15. The Sexual Assault Survivors Emergency
20Treatment Act is amended by changing Section 5 as follows:
 
21    (410 ILCS 70/5)  (from Ch. 111 1/2, par. 87-5)
22    Sec. 5. Minimum requirements for hospitals providing
23hospital emergency services and forensic services to sexual
24assault survivors.

 

 

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

 

 

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1        (4) an amount of medication for treatment at the
2    hospital and after discharge as is deemed appropriate by
3    the attending physician, an advanced practice registered
4    nurse, or a physician assistant and consistent with the
5    hospital's current approved protocol for sexual assault
6    survivors;
7        (5) an evaluation of the sexual assault survivor's risk
8    of contracting human immunodeficiency virus (HIV) from the
9    sexual assault;
10        (6) written and oral instructions indicating the need
11    for follow-up examinations and laboratory tests after the
12    sexual assault to determine the presence or absence of
13    sexually transmitted disease;
14        (7) referral by hospital personnel for appropriate
15    counseling; and
16        (8) when HIV prophylaxis is deemed appropriate, an
17    initial dose or doses of HIV prophylaxis, along with
18    written and oral instructions indicating the importance of
19    timely follow-up healthcare.
20    (b) Any person who is a sexual assault survivor who seeks
21emergency hospital services and forensic services or follow-up
22healthcare under this Act shall be provided such services
23without the consent of any parent, guardian, custodian,
24surrogate, or agent.
25    (b-5) Every treating hospital providing hospital emergency
26and forensic services to sexual assault survivors shall issue a

 

 

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1voucher to any sexual assault survivor who is eligible to
2receive one. The hospital shall make a copy of the voucher and
3place it in the medical record of the sexual assault survivor.
4The hospital shall provide a copy of the voucher to the sexual
5assault survivor after discharge upon request.
6    (c) Nothing in this Section creates a physician-patient
7relationship that extends beyond discharge from the hospital
8emergency department.
9(Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16;
1099-642, eff. 7-28-16; 100-513, eff. 1-1-18.)
 
11    Section 20. The Criminal Code of 2012 is amended by
12changing Section 3-6 as follows:
 
13    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
14    Sec. 3-6. Extended limitations. The period within which a
15prosecution must be commenced under the provisions of Section
163-5 or other applicable statute is extended under the following
17conditions:
18    (a) A prosecution for theft involving a breach of a
19fiduciary obligation to the aggrieved person may be commenced
20as follows:
21        (1) If the aggrieved person is a minor or a person
22    under legal disability, then during the minority or legal
23    disability or within one year after the termination
24    thereof.

 

 

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1        (2) In any other instance, within one year after the
2    discovery of the offense by an aggrieved person, or by a
3    person who has legal capacity to represent an aggrieved
4    person or has a legal duty to report the offense, and is
5    not himself or herself a party to the offense; or in the
6    absence of such discovery, within one year after the proper
7    prosecuting officer becomes aware of the offense. However,
8    in no such case is the period of limitation so extended
9    more than 3 years beyond the expiration of the period
10    otherwise applicable.
11    (b) A prosecution for any offense based upon misconduct in
12office by a public officer or employee may be commenced within
13one year after discovery of the offense by a person having a
14legal duty to report such offense, or in the absence of such
15discovery, within one year after the proper prosecuting officer
16becomes aware of the offense. However, in no such case is the
17period of limitation so extended more than 3 years beyond the
18expiration of the period otherwise applicable.
19    (b-5) When the victim is under 18 years of age at the time
20of the offense, a prosecution for involuntary servitude,
21involuntary sexual servitude of a minor, or trafficking in
22persons and related offenses under Section 10-9 of this Code
23may be commenced within 25 years of the victim attaining the
24age of 18 years.
25    (c) (Blank).
26    (d) A prosecution for child pornography, aggravated child

 

 

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1pornography, indecent solicitation of a child, soliciting for a
2juvenile prostitute, juvenile pimping, exploitation of a
3child, or promoting juvenile prostitution except for keeping a
4place of juvenile prostitution may be commenced within one year
5of the victim attaining the age of 18 years. However, in no
6such case shall the time period for prosecution expire sooner
7than 3 years after the commission of the offense.
8    (e) Except as otherwise provided in subdivision (j), a
9prosecution for any offense involving sexual conduct or sexual
10penetration, as defined in Section 11-0.1 of this Code, where
11the defendant was within a professional or fiduciary
12relationship or a purported professional or fiduciary
13relationship with the victim at the time of the commission of
14the offense may be commenced within one year after the
15discovery of the offense by the victim.
16    (f) A prosecution for any offense set forth in Section 44
17of the "Environmental Protection Act", approved June 29, 1970,
18as amended, may be commenced within 5 years after the discovery
19of such an offense by a person or agency having the legal duty
20to report the offense or in the absence of such discovery,
21within 5 years after the proper prosecuting officer becomes
22aware of the offense.
23    (f-5) A prosecution for any offense set forth in Section
2416-30 of this Code may be commenced within 5 years after the
25discovery of the offense by the victim of that offense.
26    (g) (Blank).

 

 

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

 

 

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1criminal sexual assault, aggravated criminal sexual assault,
2predatory criminal sexual assault of a child, aggravated
3criminal sexual abuse, or felony criminal sexual abuse under
4the Abused and Neglected Child Reporting Act may be commenced
5within 20 years after the child victim attains 18 years of age.
6    (3) When the victim is under 18 years of age at the time of
7the offense, a prosecution for misdemeanor criminal sexual
8abuse may be commenced within 10 years after the child victim
9attains 18 years of age.
10    (4) Nothing in this subdivision (j) shall be construed to
11shorten a period within which a prosecution must be commenced
12under any other provision of this Section.
13    (j-5) A prosecution for armed robbery, home invasion,
14kidnapping, or aggravated kidnaping may be commenced at any
15time if it arises out of the same course of conduct and meets
16the criteria under one of the offenses in subsection (j) of
17this Section.
18    (k) (Blank).
19    (l) A prosecution for any offense set forth in Section 26-4
20of this Code may be commenced within one year after the
21discovery of the offense by the victim of that offense.
22    (m) The prosecution shall not be required to prove at trial
23facts which extend the general limitations in Section 3-5 of
24this Code when the facts supporting extension of the period of
25general limitations are properly pled in the charging document.
26Any challenge relating to the extension of the general

 

 

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1limitations period as defined in this Section shall be
2exclusively conducted under Section 114-1 of the Code of
3Criminal Procedure of 1963.
4(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16;
5100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff.
61-1-18; revised 10-5-17.)
 
7    Section 25. The Illinois Controlled Substances Act is
8amended by adding Section 415 as follows:
 
9    (720 ILCS 570/415 new)
10    Sec. 415. Use, possession, and consumption of a controlled
11substance related to sexual assault; limited immunity from
12prosecution.
13    (a) In this Section:
14        "Medical forensic services" has the meaning defined in
15    Section 1a of the Sexual Assault Survivors Emergency
16    Treatment Act.
17        "Sexual assault" means an act of sexual conduct or
18    sexual penetration, defined in Section 11-0.1 of the
19    Criminal Code of 2012, including, without limitation, acts
20    prohibited under Sections 11-1.20 through 11-1.60 of the
21    Criminal Code of 2012.
22    (b) A person who is a victim of a sexual assault shall not
23be charged or prosecuted for Class 4 felony possession of a
24controlled, counterfeit, or look-alike substance or a

 

 

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

 

 

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1        (1) less than 3 grams of a substance containing heroin;
2        (2) less than 3 grams of a substance containing
3    cocaine;
4        (3) less than 3 grams of a substance containing
5    morphine;
6        (4) less than 40 grams of a substance containing
7    peyote;
8        (5) less than 40 grams of a substance containing a
9    derivative of barbituric acid or any of the salts of a
10    derivative of barbituric acid;
11        (6) less than 40 grams of a substance containing
12    amphetamine or any salt of an optical isomer of
13    amphetamine;
14        (7) less than 3 grams of a substance containing
15    lysergic acid diethylamide (LSD), or an analog thereof;
16        (8) less than 6 grams of a substance containing
17    pentazocine or any of the salts, isomers and salts of
18    isomers of pentazocine, or an analog thereof;
19        (9) less than 6 grams of a substance containing
20    methaqualone or any of the salts, isomers and salts of
21    isomers of methaqualone;
22        (10) less than 6 grams of a substance containing
23    phencyclidine or any of the salts, isomers and salts of
24    isomers of phencyclidine (PCP);
25         (11) less than 6 grams of a substance containing
26    ketamine or any of the salts, isomers and salts of isomers

 

 

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1    of ketamine; or
2        (12) less than 40 grams of a substance containing a
3    substance classified as a narcotic drug in Schedules I or
4    II, or an analog thereof, which is not otherwise included
5    in this subsection (d).
6    (e) The limited immunity described in subsections (b) and
7(c) of this Section shall not be extended if law enforcement
8has reasonable suspicion or probable cause to detain, arrest,
9or search the person described in subsection (b) or (c) of this
10Section for criminal activity and the reasonable suspicion or
11probable cause is based on information obtained prior to or
12independent of the person described in subsection (b) or (c) of
13this Section taking action to report a sexual assault to law
14enforcement or to seek or obtain emergency medical assistance
15or medical forensic services and not obtained as a direct
16result of the action of seeking or obtaining emergency medical
17assistance or medical forensic services. Nothing in this
18Section is intended to interfere with or prevent the
19investigation, arrest, or prosecution of any person for the
20delivery or distribution of cannabis, methamphetamine, or
21other controlled substances, drug-induced homicide, or any
22other crime.
 
23    Section 30. The Rights of Crime Victims and Witnesses Act
24is amended by changing Section 4 and by adding Section 4.6 as
25follows:
 

 

 

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1    (725 ILCS 120/4)  (from Ch. 38, par. 1404)
2    Sec. 4. Rights of crime victims.
3    (a) Crime victims shall have the following rights:
4        (1) The right to be treated with fairness and respect
5    for their dignity and privacy and to be free from
6    harassment, intimidation, and abuse throughout the
7    criminal justice process.
8        (1.5) The right to notice and to a hearing before a
9    court ruling on a request for access to any of the victim's
10    records, information, or communications which are
11    privileged or confidential by law.
12        (2) The right to timely notification of all court
13    proceedings.
14        (3) The right to communicate with the prosecution.
15        (4) The right to be heard at any post-arraignment court
16    proceeding in which a right of the victim is at issue and
17    any court proceeding involving a post-arraignment release
18    decision, plea, or sentencing.
19        (5) The right to be notified of the conviction, the
20    sentence, the imprisonment and the release of the accused.
21        (6) The right to the timely disposition of the case
22    following the arrest of the accused.
23        (7) The right to be reasonably protected from the
24    accused through the criminal justice process.
25        (7.5) The right to have the safety of the victim and

 

 

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1    the victim's family considered in denying or fixing the
2    amount of bail, determining whether to release the
3    defendant, and setting conditions of release after arrest
4    and conviction.
5        (8) The right to be present at the trial and all other
6    court proceedings on the same basis as the accused, unless
7    the victim is to testify and the court determines that the
8    victim's testimony would be materially affected if the
9    victim hears other testimony at the trial.
10        (9) The right to have present at all court proceedings,
11    including proceedings under the Juvenile Court Act of 1987,
12    subject to the rules of evidence, an advocate and other
13    support person of the victim's choice.
14        (10) The right to restitution.
15    (b) Any law enforcement agency that investigates an offense
16committed in this State shall provide a crime victim with a
17written statement and explanation of the rights of crime
18victims under this amendatory Act of the 99th General Assembly
19within 48 hours of law enforcement's initial contact with a
20victim. The statement shall include information about crime
21victim compensation, including how to contact the Office of the
22Illinois Attorney General to file a claim, and appropriate
23referrals to local and State programs that provide victim
24services. The content of the statement shall be provided to law
25enforcement by the Attorney General. Law enforcement shall also
26provide a crime victim with a sign-off sheet that the victim

 

 

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1shall sign and date as an acknowledgement that he or she has
2been furnished with information and an explanation of the
3rights of crime victims and compensation set forth in this Act.
4    (b-5) Upon the request of the victim, the law enforcement
5agency having jurisdiction shall provide a free copy of the
6police report concerning the victim's incident, as soon as
7practicable, but in no event later than 5 business days from
8the request.
9    (c) The Clerk of the Circuit Court shall post the rights of
10crime victims set forth in Article I, Section 8.1(a) of the
11Illinois Constitution and subsection (a) of this Section within
123 feet of the door to any courtroom where criminal proceedings
13are conducted. The clerk may also post the rights in other
14locations in the courthouse.
15    (d) At any point, the victim has the right to retain a
16victim's attorney who may be present during all stages of any
17medical examination, interview, investigation, or other
18interaction with representatives of the criminal justice
19system. Treatment of the victim should not be affected or
20altered in any way as a result of the victim's decision to
21exercise this right.
22(Source: P.A. 99-413, eff. 8-20-15.)
 
23    (725 ILCS 120/4.6 new)
24    Sec. 4.6. Advocates; support person.
25    (a) A crime victim has a right to have an advocate present

 

 

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1during any medical evidentiary or physical examination, unless
2no advocate can be summoned in a reasonably timely manner. The
3victim also has the right to have an additional person present
4for support during any medical evidentiary or physical
5examination.
6    (b) A victim retains the rights prescribed in subsection
7(a) of this Section even if the victim has waived these rights
8in a previous examination.
 
9    Section 35. The Sexual Assault Incident Procedure Act is
10amended by changing Section 25 as follows:
 
11    (725 ILCS 203/25)
12    Sec. 25. Report; victim notice.
13    (a) At the time of first contact with the victim, law
14enforcement shall:
15        (1) Advise the victim about the following by providing
16    a form, the contents of which shall be prepared by the
17    Office of the Attorney General and posted on its website,
18    written in a language appropriate for the victim or in
19    Braille, or communicating in appropriate sign language
20    that includes, but is not limited to:
21            (A) information about seeking medical attention
22        and preserving evidence, including specifically,
23        collection of evidence during a medical forensic
24        examination at a hospital and photographs of injury and

 

 

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

 

 

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1            (H) if the sexual assault or sexual abuse occurred
2        in another jurisdiction, provide in writing the
3        address and phone number of a specific contact at the
4        law enforcement agency having jurisdiction.
5        (2) Offer to provide or arrange accessible
6    transportation for the victim to a hospital for emergency
7    and forensic services, including contacting emergency
8    medical services.
9        (3) Offer to provide or arrange accessible
10    transportation for the victim to the nearest available
11    circuit judge or associate judge so the victim may file a
12    petition for an emergency civil no contact order under the
13    Civil No Contact Order Act or an order of protection under
14    the Illinois Domestic Violence Act of 1986 after the close
15    of court business hours, if a judge is available.
16    (b) At the time of the initial contact with a person making
17a third-party report under Section 22 of this Act, a law
18enforcement officer shall provide the written information
19prescribed under paragraph (1) of subsection (a) of this
20Section to the person making the report and request the person
21provide the written information to the victim of the sexual
22assault or sexual abuse.
23    (c) If the first contact with the victim occurs at a
24hospital, a law enforcement officer may request the hospital
25provide interpretive services.
26(Source: P.A. 99-801, eff. 1-1-17.)".