Full Text of HB4771 93rd General Assembly
HB4771enr 93RD GENERAL ASSEMBLY
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HB4771 Enrolled |
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LRB093 15982 RLC 41606 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 | 5 |
| 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, | 9 |
| 12-15 or 12-16
of this Code shall be presumed to be incapable | 10 |
| of committing an offense
prohibited by Sections 12-13, 12-14, | 11 |
| 12-14.1, 12-15 or 12-16 of this Code
because of age, physical | 12 |
| condition or relationship to the victim, except as
otherwise | 13 |
| provided in subsection (c) of this Section. Nothing in this | 14 |
| Section
shall be construed to modify or abrogate the | 15 |
| affirmative defense of infancy
under Section 6-1 of this Code | 16 |
| or the provisions of Section 5-805 of the
Juvenile Court Act of | 17 |
| 1987.
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| (b) Any medical examination or procedure which is conducted | 19 |
| by a physician,
nurse, medical or hospital personnel, parent, | 20 |
| or caretaker for purposes
and in a manner consistent with | 21 |
| reasonable medical standards is not an offense
under Sections | 22 |
| 12-13, 12-14, 12-14.1, 12-15 and 12-16 of this Code.
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| (c) (Blank).
Prosecution of a spouse of a victim under this | 24 |
| subsection for any
violation by the victim's spouse of Section | 25 |
| 12-13, 12-14, 12-15 or 12-16 of
this Code is barred unless the | 26 |
| victim reported such offense to a law
enforcement agency or the | 27 |
| State's Attorney's office within 30 days after the
offense was | 28 |
| committed, except when the court finds good cause for the | 29 |
| delay.
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| (d) In addition to the sentences provided for in Sections | 31 |
| 12-13,
12-14, 12-14.1, 12-15 and 12-16 of the Criminal Code of | 32 |
| 1961 the Court may
order any person who is convicted of |
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| violating any of those Sections to meet
all or any portion of | 2 |
| the financial obligations of treatment, including but not
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| limited to medical, psychiatric, rehabilitative or | 4 |
| psychological treatment,
prescribed for the victim or victims | 5 |
| of the offense.
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| (e) After a finding at a preliminary hearing that there is | 7 |
| probable
cause to believe that an accused has committed a | 8 |
| violation of Section
12-13, 12-14, or 12-14.1 of this Code, or | 9 |
| after an indictment is returned
charging an accused with a | 10 |
| violation of Section 12-13, 12-14, or 12-14.1 of
this Code,
or | 11 |
| after a finding that a defendant charged with a violation of | 12 |
| Section
12-13, 12-14, or 12-14.1 of this Code is unfit to stand | 13 |
| trial pursuant to
Section 104-16 of the Code of
Criminal | 14 |
| Procedure of 1963 where the finding is made prior to | 15 |
| preliminary
hearing,
at the request of the person who was the | 16 |
| victim of the violation of
Section 12-13, 12-14, or 12-14.1, | 17 |
| the prosecuting State's attorney shall seek
an order from the | 18 |
| court 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 | 22 |
| practitioners. The test for infection with
human | 23 |
| immunodeficiency virus (HIV) shall consist of an
enzyme-linked | 24 |
| immunosorbent assay (ELISA) test, or such other test as may
be | 25 |
| approved by the Illinois Department of Public Health; in the | 26 |
| event of a
positive result, the Western Blot Assay or a more | 27 |
| reliable confirmatory
test shall be administered. The results | 28 |
| of the tests shall be
kept
strictly confidential by all medical | 29 |
| personnel involved in the testing and
must be personally | 30 |
| delivered in a sealed envelope to the victim and to the
judge | 31 |
| who entered the order, for the judge's inspection in camera. | 32 |
| Acting
in accordance with the best interests of the victim and | 33 |
| the public, the
judge shall have the discretion to determine to | 34 |
| whom, if anyone, the result
of the testing may be revealed; | 35 |
| however, in no case shall the identity of
the victim be | 36 |
| 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 | 2 |
| the accused
if convicted.
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| (f) Whenever any law enforcement officer has reasonable | 4 |
| cause to believe
that a person has been delivered a controlled | 5 |
| substance without his or her
consent, the law enforcement | 6 |
| officer shall advise the victim about seeking
medical treatment | 7 |
| and preserving evidence.
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| (g) Every hospital providing emergency hospital services | 9 |
| 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 | 11 |
| substance
without his or her consent, shall designate personnel | 12 |
| to provide:
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| (1) An explanation to the victim about the nature and | 14 |
| effects of commonly
used controlled substances and how such | 15 |
| controlled substances are administered.
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| (2) An offer to the victim of testing for the presence | 17 |
| of such controlled
substances.
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| (3) A disclosure to the victim that all controlled | 19 |
| substances or alcohol
ingested by the victim will be | 20 |
| 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 | 23 |
| analysis of all controlled
substances and alcohol ingested | 24 |
| by the victim.
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| A physician licensed to practice medicine in all its | 26 |
| branches may agree to
be a designated person under this | 27 |
| subsection.
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| No sample analysis may be performed unless the victim
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| returns a signed written authorization within 30 days
48 hours
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| after the sample was
collected.
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| Any medical treatment or care under this subsection shall | 32 |
| be only in
accordance with the order of a physician licensed to | 33 |
| practice medicine in all
of its branches. Any testing under | 34 |
| this subsection shall be only in accordance
with the order of a | 35 |
| licensed individual authorized to order the testing.
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| (Source: P.A. 91-271, eff.
1-1-00; 91-357, eff. 7-29-99; 92-81, |
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| eff. 7-12-01.)
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| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.
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