Illinois General Assembly - Full Text of SB3404
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Full Text of SB3404  100th General Assembly

SB3404ham001 100TH GENERAL ASSEMBLY

Rep. Christian L. Mitchell

Filed: 5/18/2018

 

 


 

 


 
10000SB3404ham001LRB100 19981 SLF 40407 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 Sections 5 and 6.5 as
21follows:
 
22    (410 ILCS 70/5)  (from Ch. 111 1/2, par. 87-5)
23    Sec. 5. Minimum requirements for hospitals providing
24hospital emergency services and forensic services to sexual

 

 

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

 

 

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

 

 

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1and forensic services to sexual assault survivors shall issue a
2voucher to any sexual assault survivor who is eligible to
3receive one. The hospital shall make a copy of the voucher and
4place it in the medical record of the sexual assault survivor.
5The hospital shall provide a copy of the voucher to the sexual
6assault survivor after discharge upon request.
7    (c) Nothing in this Section creates a physician-patient
8relationship that extends beyond discharge from the hospital
9emergency department.
10(Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16;
1199-642, eff. 7-28-16; 100-513, eff. 1-1-18.)
 
12    (410 ILCS 70/6.5)
13    Sec. 6.5. Written consent to the release of sexual assault
14evidence for testing.
15    (a) Upon the completion of hospital emergency services and
16forensic services, the health care professional providing the
17forensic services shall provide the patient the opportunity to
18sign a written consent to allow law enforcement to submit the
19sexual assault evidence for testing. The written consent shall
20be on a form included in the sexual assault evidence collection
21kit and shall include whether the survivor consents to the
22release of information about the sexual assault to law
23enforcement.
24        (1) A survivor 13 years of age or older may sign the
25    written consent to release the evidence for testing.

 

 

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1        (2) If the survivor is a minor who is under 13 years of
2    age, the written consent to release the sexual assault
3    evidence for testing may be signed by the parent, guardian,
4    investigating law enforcement officer, or Department of
5    Children and Family Services.
6        (3) If the survivor is an adult who has a guardian of
7    the person, a health care surrogate, or an agent acting
8    under a health care power of attorney, the consent of the
9    guardian, surrogate, or agent is not required to release
10    evidence and information concerning the sexual assault or
11    sexual abuse. If the adult is unable to provide consent for
12    the release of evidence and information and a guardian,
13    surrogate, or agent under a health care power of attorney
14    is unavailable or unwilling to release the information,
15    then an investigating law enforcement officer may
16    authorize the release.
17        (4) Any health care professional, including any
18    physician, advanced practice registered nurse, physician
19    assistant, or nurse, sexual assault nurse examiner, and any
20    health care institution, including any hospital, who
21    provides evidence or information to a law enforcement
22    officer under a written consent as specified in this
23    Section is immune from any civil or professional liability
24    that might arise from those actions, with the exception of
25    willful or wanton misconduct. The immunity provision
26    applies only if all of the requirements of this Section are

 

 

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1    met.
2    (b) The hospital shall keep a copy of a signed or unsigned
3written consent form in the patient's medical record.
4    (c) If a written consent to allow law enforcement to test
5the sexual assault evidence is not signed at the completion of
6hospital emergency services and forensic services, the
7hospital shall include the following information in its
8discharge instructions:
9        (1) the sexual assault evidence will be stored for 10 5
10    years from the completion of an Illinois State Police
11    Sexual Assault Evidence Collection Kit, or 10 5 years from
12    the age of 18 years, whichever is longer;
13        (2) a person authorized to consent to the testing of
14    the sexual assault evidence may sign a written consent to
15    allow law enforcement to test the sexual assault evidence
16    at any time during that 10-year 5-year period for an adult
17    victim, or until a minor victim turns 28 23 years of age by
18    (A) contacting the law enforcement agency having
19    jurisdiction, or if unknown, the law enforcement agency
20    contacted by the hospital under Section 3.2 of the Criminal
21    Identification Act; or (B) by working with an advocate at a
22    rape crisis center;
23        (3) the name, address, and phone number of the law
24    enforcement agency having jurisdiction, or if unknown the
25    name, address, and phone number of the law enforcement
26    agency contacted by the hospital under Section 3.2 of the

 

 

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1    Criminal Identification Act; and
2        (4) the name and phone number of a local rape crisis
3    center.
4(Source: P.A. 99-801, eff. 1-1-17; 100-513, eff. 1-1-18.)
 
5    Section 20. The Criminal Code of 2012 is amended by
6changing Section 3-6 as follows:
 
7    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
8    Sec. 3-6. Extended limitations. The period within which a
9prosecution must be commenced under the provisions of Section
103-5 or other applicable statute is extended under the following
11conditions:
12    (a) A prosecution for theft involving a breach of a
13fiduciary obligation to the aggrieved person may be commenced
14as follows:
15        (1) If the aggrieved person is a minor or a person
16    under legal disability, then during the minority or legal
17    disability or within one year after the termination
18    thereof.
19        (2) In any other instance, within one year after the
20    discovery of the offense by an aggrieved person, or by a
21    person who has legal capacity to represent an aggrieved
22    person or has a legal duty to report the offense, and is
23    not himself or herself a party to the offense; or in the
24    absence of such discovery, within one year after the proper

 

 

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

 

 

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1than 3 years after the commission of the offense.
2    (e) Except as otherwise provided in subdivision (j), a
3prosecution for any offense involving sexual conduct or sexual
4penetration, as defined in Section 11-0.1 of this Code, where
5the defendant was within a professional or fiduciary
6relationship or a purported professional or fiduciary
7relationship with the victim at the time of the commission of
8the offense may be commenced within one year after the
9discovery of the offense by the victim.
10    (f) A prosecution for any offense set forth in Section 44
11of the "Environmental Protection Act", approved June 29, 1970,
12as amended, may be commenced within 5 years after the discovery
13of such an offense by a person or agency having the legal duty
14to report the offense or in the absence of such discovery,
15within 5 years after the proper prosecuting officer becomes
16aware of the offense.
17    (f-5) A prosecution for any offense set forth in Section
1816-30 of this Code may be commenced within 5 years after the
19discovery of the offense by the victim of that offense.
20    (g) (Blank).
21    (h) (Blank).
22    (i) Except as otherwise provided in subdivision (j), a
23prosecution for criminal sexual assault, aggravated criminal
24sexual assault, or aggravated criminal sexual abuse may be
25commenced within 10 years of the commission of the offense if
26the victim reported the offense to law enforcement authorities

 

 

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

 

 

10000SB3404ham001- 22 -LRB100 19981 SLF 40407 a

1    (3) When the victim is under 18 years of age at the time of
2the offense, a prosecution for misdemeanor criminal sexual
3abuse may be commenced within 10 years after the child victim
4attains 18 years of age.
5    (4) Nothing in this subdivision (j) shall be construed to
6shorten a period within which a prosecution must be commenced
7under any other provision of this Section.
8    (j-5) A prosecution for armed robbery, home invasion,
9kidnapping, or aggravated kidnaping may be commenced at any
10time if it arises out of the same course of conduct and meets
11the criteria under one of the offenses in subsection (j) of
12this Section.
13    (k) (Blank).
14    (l) A prosecution for any offense set forth in Section 26-4
15of this Code may be commenced within one year after the
16discovery of the offense by the victim of that offense.
17    (m) The prosecution shall not be required to prove at trial
18facts which extend the general limitations in Section 3-5 of
19this Code when the facts supporting extension of the period of
20general limitations are properly pled in the charging document.
21Any challenge relating to the extension of the general
22limitations period as defined in this Section shall be
23exclusively conducted under Section 114-1 of the Code of
24Criminal Procedure of 1963.
25(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16;
26100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff.

 

 

10000SB3404ham001- 23 -LRB100 19981 SLF 40407 a

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

 

 

10000SB3404ham001- 24 -LRB100 19981 SLF 40407 a

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

 

 

10000SB3404ham001- 25 -LRB100 19981 SLF 40407 a

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

 

 

10000SB3404ham001- 26 -LRB100 19981 SLF 40407 a

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

 

 

10000SB3404ham001- 27 -LRB100 19981 SLF 40407 a

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

 

 

10000SB3404ham001- 28 -LRB100 19981 SLF 40407 a

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

 

 

10000SB3404ham001- 29 -LRB100 19981 SLF 40407 a

1police report concerning the victim's incident, as soon as
2practicable, but in no event later than 5 business days from
3the request.
4    (c) The Clerk of the Circuit Court shall post the rights of
5crime victims set forth in Article I, Section 8.1(a) of the
6Illinois Constitution and subsection (a) of this Section within
73 feet of the door to any courtroom where criminal proceedings
8are conducted. The clerk may also post the rights in other
9locations in the courthouse.
10    (d) At any point, the victim has the right to retain a
11victim's attorney who may be present during all stages of any
12interview, investigation, or other interaction with
13representatives of the criminal justice system. Treatment of
14the victim should not be affected or altered in any way as a
15result of the victim's decision to exercise this right.
16(Source: P.A. 99-413, eff. 8-20-15.)
 
17    (725 ILCS 120/4.6 new)
18    Sec. 4.6. Advocates; support person.
19    (a) A crime victim has a right to have an advocate present
20during any medical evidentiary or physical examination, unless
21no advocate can be summoned in a reasonably timely manner. The
22victim also has the right to have an additional person present
23for support during any medical evidentiary or physical
24examination.
25    (b) A victim retains the rights prescribed in subsection

 

 

10000SB3404ham001- 30 -LRB100 19981 SLF 40407 a

1(a) of this Section even if the victim has waived these rights
2in a previous examination.
 
3    Section 35. The Sexual Assault Incident Procedure Act is
4amended by changing Sections 25 and 30 as follows:
 
5    (725 ILCS 203/25)
6    Sec. 25. Report; victim notice.
7    (a) At the time of first contact with the victim, law
8enforcement shall:
9        (1) Advise the victim about the following by providing
10    a form, the contents of which shall be prepared by the
11    Office of the Attorney General and posted on its website,
12    written in a language appropriate for the victim or in
13    Braille, or communicating in appropriate sign language
14    that includes, but is not limited to:
15            (A) information about seeking medical attention
16        and preserving evidence, including specifically,
17        collection of evidence during a medical forensic
18        examination at a hospital and photographs of injury and
19        clothing;
20            (B) notice that the victim will not be charged for
21        hospital emergency and medical forensic services;
22            (C) information advising the victim that evidence
23        can be collected at the hospital up to 7 days after the
24        sexual assault or sexual abuse but that the longer the

 

 

10000SB3404ham001- 31 -LRB100 19981 SLF 40407 a

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

 

 

10000SB3404ham001- 32 -LRB100 19981 SLF 40407 a

1    and forensic services, including contacting emergency
2    medical services.
3        (3) Offer to provide or arrange accessible
4    transportation for the victim to the nearest available
5    circuit judge or associate judge so the victim may file a
6    petition for an emergency civil no contact order under the
7    Civil No Contact Order Act or an order of protection under
8    the Illinois Domestic Violence Act of 1986 after the close
9    of court business hours, if a judge is available.
10    (b) At the time of the initial contact with a person making
11a third-party report under Section 22 of this Act, a law
12enforcement officer shall provide the written information
13prescribed under paragraph (1) of subsection (a) of this
14Section to the person making the report and request the person
15provide the written information to the victim of the sexual
16assault or sexual abuse.
17    (c) If the first contact with the victim occurs at a
18hospital, a law enforcement officer may request the hospital
19provide interpretive services.
20(Source: P.A. 99-801, eff. 1-1-17.)
 
21    (725 ILCS 203/30)
22    Sec. 30. Release and storage of sexual assault evidence.
23    (a) A law enforcement agency having jurisdiction that is
24notified by a hospital or another law enforcement agency that a
25victim of a sexual assault or sexual abuse has received a

 

 

10000SB3404ham001- 33 -LRB100 19981 SLF 40407 a

1medical forensic examination and has completed an Illinois
2State Police Sexual Assault Evidence Collection Kit shall take
3custody of the sexual assault evidence as soon as practicable,
4but in no event more than 5 days after the completion of the
5medical forensic examination.
6    (a-5) A State's Attorney who is notified under subsection
7(d) of Section 6.6 of the Sexual Assault Survivors Emergency
8Treatment Act that a hospital is in possession of sexual
9assault evidence shall, within 72 hours, contact the
10appropriate law enforcement agency to request that the law
11enforcement agency take immediate physical custody of the
12sexual assault evidence.
13    (b) The written report prepared under Section 20 of this
14Act shall include the date and time the sexual assault evidence
15was picked up from the hospital and the date and time the
16sexual assault evidence was sent to the laboratory in
17accordance with the Sexual Assault Evidence Submission Act.
18    (c) If the victim of a sexual assault or sexual abuse or a
19person authorized under Section 6.5 of the Sexual Assault
20Survivors Emergency Treatment Act has consented to allow law
21enforcement to test the sexual assault evidence, the law
22enforcement agency having jurisdiction shall submit the sexual
23assault evidence for testing in accordance with the Sexual
24Assault Evidence Submission Act. No law enforcement agency
25having jurisdiction may refuse or fail to send sexual assault
26evidence for testing that the victim has released for testing.

 

 

10000SB3404ham001- 34 -LRB100 19981 SLF 40407 a

1    (d) A victim shall have 10 5 years from the completion of
2an Illinois State Police Sexual Assault Evidence Collection
3Kit, or 10 5 years from the age of 18 years, whichever is
4longer, to sign a written consent to release the sexual assault
5evidence to law enforcement for testing. If the victim or a
6person authorized under Section 6.5 of the Sexual Assault
7Survivors Emergency Treatment Act does not sign the written
8consent at the completion of the medical forensic examination,
9the victim or person authorized by Section 6.5 of the Sexual
10Assault Survivors Emergency Treatment Act may sign the written
11release at the law enforcement agency having jurisdiction, or
12in the presence of a sexual assault advocate who may deliver
13the written release to the law enforcement agency having
14jurisdiction. The victim may also provide verbal consent to the
15law enforcement agency having jurisdiction and shall verify the
16verbal consent via email or fax. Upon receipt of written or
17verbal consent, the law enforcement agency having jurisdiction
18shall submit the sexual assault evidence for testing in
19accordance with the Sexual Assault Evidence Submission Act. No
20law enforcement agency having jurisdiction may refuse or fail
21to send the sexual assault evidence for testing that the victim
22has released for testing.
23    (e) The law enforcement agency having jurisdiction who
24speaks to a victim who does not sign a written consent to
25release the sexual assault evidence prior to discharge from the
26hospital shall provide a written notice to the victim that

 

 

10000SB3404ham001- 35 -LRB100 19981 SLF 40407 a

1contains the following information:
2        (1) where the sexual assault evidence will be stored
3    for 10 5 years;
4        (2) notice that the victim may sign a written release
5    to test the sexual assault evidence at any time during the
6    10-year 5-year period by contacting the law enforcement
7    agency having jurisdiction or working with a sexual assault
8    advocate;
9        (3) the name, phone number, and email address of the
10    law enforcement agency having jurisdiction; and
11        (4) the name and phone number of a local rape crisis
12    center.
13    Each law enforcement agency shall develop a protocol for
14providing this information to victims as part of the written
15policies required in subsection (a) of Section 15 of this Act.
16    (f) A law enforcement agency must develop a protocol for
17responding to victims who want to sign a written consent to
18release the sexual assault evidence and to ensure that victims
19who want to be notified or have a designee notified prior to
20the end of the 10-year 5-year period are provided notice.
21    (g) Nothing in this Section shall be construed as limiting
22the storage period to 10 5 years. A law enforcement agency
23having jurisdiction may adopt a storage policy that provides
24for a period of time exceeding 10 5 years. If a longer period
25of time is adopted, the law enforcement agency having
26jurisdiction shall notify the victim or designee in writing of

 

 

10000SB3404ham001- 36 -LRB100 19981 SLF 40407 a

1the longer storage period.
2(Source: P.A. 99-801, eff. 1-1-17.)".