Illinois General Assembly - Full Text of HB1440
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Full Text of HB1440  101st General Assembly

HB1440ham001 101ST GENERAL ASSEMBLY

Rep. Margo McDermed

Filed: 3/29/2019

 

 


 

 


 
10100HB1440ham001LRB101 08023 SLF 58793 a

1
AMENDMENT TO HOUSE BILL 1440

2    AMENDMENT NO. ______. Amend House Bill 1440 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Administrative Procedure Act is
5amended by changing Section 5-45 as follows:
 
6    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
7    Sec. 5-45. Emergency rulemaking.
8    (a) "Emergency" means the existence of any situation that
9any agency finds reasonably constitutes a threat to the public
10interest, safety, or welfare.
11    (b) If any agency finds that an emergency exists that
12requires adoption of a rule upon fewer days than is required by
13Section 5-40 and states in writing its reasons for that
14finding, the agency may adopt an emergency rule without prior
15notice or hearing upon filing a notice of emergency rulemaking
16with the Secretary of State under Section 5-70. The notice

 

 

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1shall include the text of the emergency rule and shall be
2published in the Illinois Register. Consent orders or other
3court orders adopting settlements negotiated by an agency may
4be adopted under this Section. Subject to applicable
5constitutional or statutory provisions, an emergency rule
6becomes effective immediately upon filing under Section 5-65 or
7at a stated date less than 10 days thereafter. The agency's
8finding and a statement of the specific reasons for the finding
9shall be filed with the rule. The agency shall take reasonable
10and appropriate measures to make emergency rules known to the
11persons who may be affected by them.
12    (c) An emergency rule may be effective for a period of not
13longer than 150 days, but the agency's authority to adopt an
14identical rule under Section 5-40 is not precluded. No
15emergency rule may be adopted more than once in any 24-month
16period, except that this limitation on the number of emergency
17rules that may be adopted in a 24-month period does not apply
18to (i) emergency rules that make additions to and deletions
19from the Drug Manual under Section 5-5.16 of the Illinois
20Public Aid Code or the generic drug formulary under Section
213.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
22emergency rules adopted by the Pollution Control Board before
23July 1, 1997 to implement portions of the Livestock Management
24Facilities Act, (iii) emergency rules adopted by the Illinois
25Department of Public Health under subsections (a) through (i)
26of Section 2 of the Department of Public Health Act when

 

 

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1necessary to protect the public's health, (iv) emergency rules
2adopted pursuant to subsection (n) of this Section, (v)
3emergency rules adopted pursuant to subsection (o) of this
4Section, or (vi) emergency rules adopted pursuant to subsection
5(c-5) of this Section. Two or more emergency rules having
6substantially the same purpose and effect shall be deemed to be
7a single rule for purposes of this Section.
8    (c-5) To facilitate the maintenance of the program of group
9health benefits provided to annuitants, survivors, and retired
10employees under the State Employees Group Insurance Act of
111971, rules to alter the contributions to be paid by the State,
12annuitants, survivors, retired employees, or any combination
13of those entities, for that program of group health benefits,
14shall be adopted as emergency rules. The adoption of those
15rules shall be considered an emergency and necessary for the
16public interest, safety, and welfare.
17    (d) In order to provide for the expeditious and timely
18implementation of the State's fiscal year 1999 budget,
19emergency rules to implement any provision of Public Act 90-587
20or 90-588 or any other budget initiative for fiscal year 1999
21may be adopted in accordance with this Section by the agency
22charged with administering that provision or initiative,
23except that the 24-month limitation on the adoption of
24emergency rules and the provisions of Sections 5-115 and 5-125
25do not apply to rules adopted under this subsection (d). The
26adoption of emergency rules authorized by this subsection (d)

 

 

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1shall be deemed to be necessary for the public interest,
2safety, and welfare.
3    (e) In order to provide for the expeditious and timely
4implementation of the State's fiscal year 2000 budget,
5emergency rules to implement any provision of Public Act 91-24
6or any other budget initiative for fiscal year 2000 may be
7adopted in accordance with this Section by the agency charged
8with administering that provision or initiative, except that
9the 24-month limitation on the adoption of emergency rules and
10the provisions of Sections 5-115 and 5-125 do not apply to
11rules adopted under this subsection (e). The adoption of
12emergency rules authorized by this subsection (e) shall be
13deemed to be necessary for the public interest, safety, and
14welfare.
15    (f) In order to provide for the expeditious and timely
16implementation of the State's fiscal year 2001 budget,
17emergency rules to implement any provision of Public Act 91-712
18or any other budget initiative for fiscal year 2001 may be
19adopted in accordance with this Section by the agency charged
20with administering that provision or initiative, except that
21the 24-month limitation on the adoption of emergency rules and
22the provisions of Sections 5-115 and 5-125 do not apply to
23rules adopted under this subsection (f). The adoption of
24emergency rules authorized by this subsection (f) shall be
25deemed to be necessary for the public interest, safety, and
26welfare.

 

 

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1    (g) In order to provide for the expeditious and timely
2implementation of the State's fiscal year 2002 budget,
3emergency rules to implement any provision of Public Act 92-10
4or any other budget initiative for fiscal year 2002 may be
5adopted in accordance with this Section by the agency charged
6with administering that provision or initiative, except that
7the 24-month limitation on the adoption of emergency rules and
8the provisions of Sections 5-115 and 5-125 do not apply to
9rules adopted under this subsection (g). The adoption of
10emergency rules authorized by this subsection (g) shall be
11deemed to be necessary for the public interest, safety, and
12welfare.
13    (h) In order to provide for the expeditious and timely
14implementation of the State's fiscal year 2003 budget,
15emergency rules to implement any provision of Public Act 92-597
16or any other budget initiative for fiscal year 2003 may be
17adopted in accordance with this Section by the agency charged
18with administering that provision or initiative, except that
19the 24-month limitation on the adoption of emergency rules and
20the provisions of Sections 5-115 and 5-125 do not apply to
21rules adopted under this subsection (h). The adoption of
22emergency rules authorized by this subsection (h) shall be
23deemed to be necessary for the public interest, safety, and
24welfare.
25    (i) In order to provide for the expeditious and timely
26implementation of the State's fiscal year 2004 budget,

 

 

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1emergency rules to implement any provision of Public Act 93-20
2or any other budget initiative for fiscal year 2004 may be
3adopted in accordance with this Section by the agency charged
4with administering that provision or initiative, except that
5the 24-month limitation on the adoption of emergency rules and
6the provisions of Sections 5-115 and 5-125 do not apply to
7rules adopted under this subsection (i). The adoption of
8emergency rules authorized by this subsection (i) shall be
9deemed to be necessary for the public interest, safety, and
10welfare.
11    (j) In order to provide for the expeditious and timely
12implementation of the provisions of the State's fiscal year
132005 budget as provided under the Fiscal Year 2005 Budget
14Implementation (Human Services) Act, emergency rules to
15implement any provision of the Fiscal Year 2005 Budget
16Implementation (Human Services) Act may be adopted in
17accordance with this Section by the agency charged with
18administering that provision, except that the 24-month
19limitation on the adoption of emergency rules and the
20provisions of Sections 5-115 and 5-125 do not apply to rules
21adopted under this subsection (j). The Department of Public Aid
22may also adopt rules under this subsection (j) necessary to
23administer the Illinois Public Aid Code and the Children's
24Health Insurance Program Act. The adoption of emergency rules
25authorized by this subsection (j) shall be deemed to be
26necessary for the public interest, safety, and welfare.

 

 

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1    (k) In order to provide for the expeditious and timely
2implementation of the provisions of the State's fiscal year
32006 budget, emergency rules to implement any provision of
4Public Act 94-48 or any other budget initiative for fiscal year
52006 may be adopted in accordance with this Section by the
6agency charged with administering that provision or
7initiative, except that the 24-month limitation on the adoption
8of emergency rules and the provisions of Sections 5-115 and
95-125 do not apply to rules adopted under this subsection (k).
10The Department of Healthcare and Family Services may also adopt
11rules under this subsection (k) necessary to administer the
12Illinois Public Aid Code, the Senior Citizens and Persons with
13Disabilities Property Tax Relief Act, the Senior Citizens and
14Disabled Persons Prescription Drug Discount Program Act (now
15the Illinois Prescription Drug Discount Program Act), and the
16Children's Health Insurance Program Act. The adoption of
17emergency rules authorized by this subsection (k) shall be
18deemed to be necessary for the public interest, safety, and
19welfare.
20    (l) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222007 budget, the Department of Healthcare and Family Services
23may adopt emergency rules during fiscal year 2007, including
24rules effective July 1, 2007, in accordance with this
25subsection to the extent necessary to administer the
26Department's responsibilities with respect to amendments to

 

 

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1the State plans and Illinois waivers approved by the federal
2Centers for Medicare and Medicaid Services necessitated by the
3requirements of Title XIX and Title XXI of the federal Social
4Security Act. The adoption of emergency rules authorized by
5this subsection (l) shall be deemed to be necessary for the
6public interest, safety, and welfare.
7    (m) In order to provide for the expeditious and timely
8implementation of the provisions of the State's fiscal year
92008 budget, the Department of Healthcare and Family Services
10may adopt emergency rules during fiscal year 2008, including
11rules effective July 1, 2008, in accordance with this
12subsection to the extent necessary to administer the
13Department's responsibilities with respect to amendments to
14the State plans and Illinois waivers approved by the federal
15Centers for Medicare and Medicaid Services necessitated by the
16requirements of Title XIX and Title XXI of the federal Social
17Security Act. The adoption of emergency rules authorized by
18this subsection (m) shall be deemed to be necessary for the
19public interest, safety, and welfare.
20    (n) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222010 budget, emergency rules to implement any provision of
23Public Act 96-45 or any other budget initiative authorized by
24the 96th General Assembly for fiscal year 2010 may be adopted
25in accordance with this Section by the agency charged with
26administering that provision or initiative. The adoption of

 

 

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1emergency rules authorized by this subsection (n) shall be
2deemed to be necessary for the public interest, safety, and
3welfare. The rulemaking authority granted in this subsection
4(n) shall apply only to rules promulgated during Fiscal Year
52010.
6    (o) In order to provide for the expeditious and timely
7implementation of the provisions of the State's fiscal year
82011 budget, emergency rules to implement any provision of
9Public Act 96-958 or any other budget initiative authorized by
10the 96th General Assembly for fiscal year 2011 may be adopted
11in accordance with this Section by the agency charged with
12administering that provision or initiative. The adoption of
13emergency rules authorized by this subsection (o) is deemed to
14be necessary for the public interest, safety, and welfare. The
15rulemaking authority granted in this subsection (o) applies
16only to rules promulgated on or after July 1, 2010 (the
17effective date of Public Act 96-958) through June 30, 2011.
18    (p) In order to provide for the expeditious and timely
19implementation of the provisions of Public Act 97-689,
20emergency rules to implement any provision of Public Act 97-689
21may be adopted in accordance with this subsection (p) by the
22agency charged with administering that provision or
23initiative. The 150-day limitation of the effective period of
24emergency rules does not apply to rules adopted under this
25subsection (p), and the effective period may continue through
26June 30, 2013. The 24-month limitation on the adoption of

 

 

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1emergency rules does not apply to rules adopted under this
2subsection (p). The adoption of emergency rules authorized by
3this subsection (p) is deemed to be necessary for the public
4interest, safety, and welfare.
5    (q) In order to provide for the expeditious and timely
6implementation of the provisions of Articles 7, 8, 9, 11, and
712 of Public Act 98-104, emergency rules to implement any
8provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
9may be adopted in accordance with this subsection (q) by the
10agency charged with administering that provision or
11initiative. The 24-month limitation on the adoption of
12emergency rules does not apply to rules adopted under this
13subsection (q). The adoption of emergency rules authorized by
14this subsection (q) is deemed to be necessary for the public
15interest, safety, and welfare.
16    (r) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 98-651,
18emergency rules to implement Public Act 98-651 may be adopted
19in accordance with this subsection (r) by the Department of
20Healthcare and Family Services. The 24-month limitation on the
21adoption of emergency rules does not apply to rules adopted
22under this subsection (r). The adoption of emergency rules
23authorized by this subsection (r) is deemed to be necessary for
24the public interest, safety, and welfare.
25    (s) In order to provide for the expeditious and timely
26implementation of the provisions of Sections 5-5b.1 and 5A-2 of

 

 

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1the Illinois Public Aid Code, emergency rules to implement any
2provision of Section 5-5b.1 or Section 5A-2 of the Illinois
3Public Aid Code may be adopted in accordance with this
4subsection (s) by the Department of Healthcare and Family
5Services. The rulemaking authority granted in this subsection
6(s) shall apply only to those rules adopted prior to July 1,
72015. Notwithstanding any other provision of this Section, any
8emergency rule adopted under this subsection (s) shall only
9apply to payments made for State fiscal year 2015. The adoption
10of emergency rules authorized by this subsection (s) is deemed
11to be necessary for the public interest, safety, and welfare.
12    (t) In order to provide for the expeditious and timely
13implementation of the provisions of Article II of Public Act
1499-6, emergency rules to implement the changes made by Article
15II of Public Act 99-6 to the Emergency Telephone System Act may
16be adopted in accordance with this subsection (t) by the
17Department of State Police. The rulemaking authority granted in
18this subsection (t) shall apply only to those rules adopted
19prior to July 1, 2016. The 24-month limitation on the adoption
20of emergency rules does not apply to rules adopted under this
21subsection (t). The adoption of emergency rules authorized by
22this subsection (t) is deemed to be necessary for the public
23interest, safety, and welfare.
24    (u) In order to provide for the expeditious and timely
25implementation of the provisions of the Burn Victims Relief
26Act, emergency rules to implement any provision of the Act may

 

 

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1be adopted in accordance with this subsection (u) by the
2Department of Insurance. The rulemaking authority granted in
3this subsection (u) shall apply only to those rules adopted
4prior to December 31, 2015. The adoption of emergency rules
5authorized by this subsection (u) is deemed to be necessary for
6the public interest, safety, and welfare.
7    (v) In order to provide for the expeditious and timely
8implementation of the provisions of Public Act 99-516,
9emergency rules to implement Public Act 99-516 may be adopted
10in accordance with this subsection (v) by the Department of
11Healthcare and Family Services. The 24-month limitation on the
12adoption of emergency rules does not apply to rules adopted
13under this subsection (v). The adoption of emergency rules
14authorized by this subsection (v) is deemed to be necessary for
15the public interest, safety, and welfare.
16    (w) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 99-796,
18emergency rules to implement the changes made by Public Act
1999-796 may be adopted in accordance with this subsection (w) by
20the Adjutant General. The adoption of emergency rules
21authorized by this subsection (w) is deemed to be necessary for
22the public interest, safety, and welfare.
23    (x) In order to provide for the expeditious and timely
24implementation of the provisions of Public Act 99-906,
25emergency rules to implement subsection (i) of Section 16-115D,
26subsection (g) of Section 16-128A, and subsection (a) of

 

 

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1Section 16-128B of the Public Utilities Act may be adopted in
2accordance with this subsection (x) by the Illinois Commerce
3Commission. The rulemaking authority granted in this
4subsection (x) shall apply only to those rules adopted within
5180 days after June 1, 2017 (the effective date of Public Act
699-906). The adoption of emergency rules authorized by this
7subsection (x) is deemed to be necessary for the public
8interest, safety, and welfare.
9    (y) In order to provide for the expeditious and timely
10implementation of the provisions of Public Act 100-23,
11emergency rules to implement the changes made by Public Act
12100-23 to Section 4.02 of the Illinois Act on the Aging,
13Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
14Section 55-30 of the Alcoholism and Other Drug Abuse and
15Dependency Act, and Sections 74 and 75 of the Mental Health and
16Developmental Disabilities Administrative Act may be adopted
17in accordance with this subsection (y) by the respective
18Department. The adoption of emergency rules authorized by this
19subsection (y) is deemed to be necessary for the public
20interest, safety, and welfare.
21    (z) In order to provide for the expeditious and timely
22implementation of the provisions of Public Act 100-554,
23emergency rules to implement the changes made by Public Act
24100-554 to Section 4.7 of the Lobbyist Registration Act may be
25adopted in accordance with this subsection (z) by the Secretary
26of State. The adoption of emergency rules authorized by this

 

 

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1subsection (z) is deemed to be necessary for the public
2interest, safety, and welfare.
3    (aa) In order to provide for the expeditious and timely
4initial implementation of the changes made to Articles 5, 5A,
512, and 14 of the Illinois Public Aid Code under the provisions
6of Public Act 100-581, the Department of Healthcare and Family
7Services may adopt emergency rules in accordance with this
8subsection (aa). The 24-month limitation on the adoption of
9emergency rules does not apply to rules to initially implement
10the changes made to Articles 5, 5A, 12, and 14 of the Illinois
11Public Aid Code adopted under this subsection (aa). The
12adoption of emergency rules authorized by this subsection (aa)
13is deemed to be necessary for the public interest, safety, and
14welfare.
15    (bb) In order to provide for the expeditious and timely
16implementation of the provisions of Public Act 100-587,
17emergency rules to implement the changes made by Public Act
18100-587 to Section 4.02 of the Illinois Act on the Aging,
19Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
20subsection (b) of Section 55-30 of the Alcoholism and Other
21Drug Abuse and Dependency Act, Section 5-104 of the Specialized
22Mental Health Rehabilitation Act of 2013, and Section 75 and
23subsection (b) of Section 74 of the Mental Health and
24Developmental Disabilities Administrative Act may be adopted
25in accordance with this subsection (bb) by the respective
26Department. The adoption of emergency rules authorized by this

 

 

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1subsection (bb) is deemed to be necessary for the public
2interest, safety, and welfare.
3    (cc) In order to provide for the expeditious and timely
4implementation of the provisions of Public Act 100-587,
5emergency rules may be adopted in accordance with this
6subsection (cc) to implement the changes made by Public Act
7100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois
8Pension Code by the Board created under Article 14 of the Code;
9Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
10the Board created under Article 15 of the Code; and Sections
1116-190.5 and 16-190.6 of the Illinois Pension Code by the Board
12created under Article 16 of the Code. The adoption of emergency
13rules authorized by this subsection (cc) is deemed to be
14necessary for the public interest, safety, and welfare.
15    (dd) In order to provide for the expeditious and timely
16implementation of the provisions of Public Act 100-864,
17emergency rules to implement the changes made by Public Act
18100-864 to Section 3.35 of the Newborn Metabolic Screening Act
19may be adopted in accordance with this subsection (dd) by the
20Secretary of State. The adoption of emergency rules authorized
21by this subsection (dd) is deemed to be necessary for the
22public interest, safety, and welfare.
23    (ee) In order to provide for the expeditious and timely
24implementation of the provisions of this amendatory Act of the
25100th General Assembly, emergency rules implementing the
26Illinois Underground Natural Gas Storage Safety Act may be

 

 

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1adopted in accordance with this subsection by the Department of
2Natural Resources. The adoption of emergency rules authorized
3by this subsection is deemed to be necessary for the public
4interest, safety, and welfare.
5    (ff) In order to provide for the expeditious and timely
6implementation of the provisions of this amendatory Act of the
7101st General Assembly, emergency rules may be adopted by the
8Department of Labor in accordance with this subsection (ff) to
9implement the changes made by this amendatory Act of the 101st
10General Assembly to the Minimum Wage Law. The adoption of
11emergency rules authorized by this subsection (ff) is deemed to
12be necessary for the public interest, safety, and welfare.
13    (gg) In order to provide for the expeditious and timely
14implementation of the provisions of Section 50 of the Sexual
15Assault Evidence Submission Act, emergency rules to implement
16Section 50 of the Sexual Assault Evidence Submission Act may be
17adopted in accordance with this subsection (gg) by the
18Department of State Police. The adoption of emergency rules
19authorized by this subsection (gg) is deemed to be necessary
20for the public interest, safety, and welfare.
21(Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17;
22100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff.
236-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18;
24100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 101-1, eff.
252-19-19.)
 

 

 

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1    Section 10. The Freedom of Information Act is amended by
2changing Section 7.5 as follows:
 
3    (5 ILCS 140/7.5)
4    Sec. 7.5. Statutory exemptions. To the extent provided for
5by the statutes referenced below, the following shall be exempt
6from inspection and copying:
7        (a) All information determined to be confidential
8    under Section 4002 of the Technology Advancement and
9    Development Act.
10        (b) Library circulation and order records identifying
11    library users with specific materials under the Library
12    Records Confidentiality Act.
13        (c) Applications, related documents, and medical
14    records received by the Experimental Organ Transplantation
15    Procedures Board and any and all documents or other records
16    prepared by the Experimental Organ Transplantation
17    Procedures Board or its staff relating to applications it
18    has received.
19        (d) Information and records held by the Department of
20    Public Health and its authorized representatives relating
21    to known or suspected cases of sexually transmissible
22    disease or any information the disclosure of which is
23    restricted under the Illinois Sexually Transmissible
24    Disease Control Act.
25        (e) Information the disclosure of which is exempted

 

 

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1    under Section 30 of the Radon Industry Licensing Act.
2        (f) Firm performance evaluations under Section 55 of
3    the Architectural, Engineering, and Land Surveying
4    Qualifications Based Selection Act.
5        (g) Information the disclosure of which is restricted
6    and exempted under Section 50 of the Illinois Prepaid
7    Tuition Act.
8        (h) Information the disclosure of which is exempted
9    under the State Officials and Employees Ethics Act, and
10    records of any lawfully created State or local inspector
11    general's office that would be exempt if created or
12    obtained by an Executive Inspector General's office under
13    that Act.
14        (i) Information contained in a local emergency energy
15    plan submitted to a municipality in accordance with a local
16    emergency energy plan ordinance that is adopted under
17    Section 11-21.5-5 of the Illinois Municipal Code.
18        (j) Information and data concerning the distribution
19    of surcharge moneys collected and remitted by carriers
20    under the Emergency Telephone System Act.
21        (k) Law enforcement officer identification information
22    or driver identification information compiled by a law
23    enforcement agency or the Department of Transportation
24    under Section 11-212 of the Illinois Vehicle Code.
25        (l) Records and information provided to a residential
26    health care facility resident sexual assault and death

 

 

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1    review team or the Executive Council under the Abuse
2    Prevention Review Team Act.
3        (m) Information provided to the predatory lending
4    database created pursuant to Article 3 of the Residential
5    Real Property Disclosure Act, except to the extent
6    authorized under that Article.
7        (n) Defense budgets and petitions for certification of
8    compensation and expenses for court appointed trial
9    counsel as provided under Sections 10 and 15 of the Capital
10    Crimes Litigation Act. This subsection (n) shall apply
11    until the conclusion of the trial of the case, even if the
12    prosecution chooses not to pursue the death penalty prior
13    to trial or sentencing.
14        (o) Information that is prohibited from being
15    disclosed under Section 4 of the Illinois Health and
16    Hazardous Substances Registry Act.
17        (p) Security portions of system safety program plans,
18    investigation reports, surveys, schedules, lists, data, or
19    information compiled, collected, or prepared by or for the
20    Regional Transportation Authority under Section 2.11 of
21    the Regional Transportation Authority Act or the St. Clair
22    County Transit District under the Bi-State Transit Safety
23    Act.
24        (q) Information prohibited from being disclosed by the
25    Personnel Record Records Review Act.
26        (r) Information prohibited from being disclosed by the

 

 

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1    Illinois School Student Records Act.
2        (s) Information the disclosure of which is restricted
3    under Section 5-108 of the Public Utilities Act.
4        (t) All identified or deidentified health information
5    in the form of health data or medical records contained in,
6    stored in, submitted to, transferred by, or released from
7    the Illinois Health Information Exchange, and identified
8    or deidentified health information in the form of health
9    data and medical records of the Illinois Health Information
10    Exchange in the possession of the Illinois Health
11    Information Exchange Authority due to its administration
12    of the Illinois Health Information Exchange. The terms
13    "identified" and "deidentified" shall be given the same
14    meaning as in the Health Insurance Portability and
15    Accountability Act of 1996, Public Law 104-191, or any
16    subsequent amendments thereto, and any regulations
17    promulgated thereunder.
18        (u) Records and information provided to an independent
19    team of experts under the Developmental Disability and
20    Mental Health Safety Act (also known as Brian's Law).
21        (v) Names and information of people who have applied
22    for or received Firearm Owner's Identification Cards under
23    the Firearm Owners Identification Card Act or applied for
24    or received a concealed carry license under the Firearm
25    Concealed Carry Act, unless otherwise authorized by the
26    Firearm Concealed Carry Act; and databases under the

 

 

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1    Firearm Concealed Carry Act, records of the Concealed Carry
2    Licensing Review Board under the Firearm Concealed Carry
3    Act, and law enforcement agency objections under the
4    Firearm Concealed Carry Act.
5        (w) Personally identifiable information which is
6    exempted from disclosure under subsection (g) of Section
7    19.1 of the Toll Highway Act.
8        (x) Information which is exempted from disclosure
9    under Section 5-1014.3 of the Counties Code or Section
10    8-11-21 of the Illinois Municipal Code.
11        (y) Confidential information under the Adult
12    Protective Services Act and its predecessor enabling
13    statute, the Elder Abuse and Neglect Act, including
14    information about the identity and administrative finding
15    against any caregiver of a verified and substantiated
16    decision of abuse, neglect, or financial exploitation of an
17    eligible adult maintained in the Registry established
18    under Section 7.5 of the Adult Protective Services Act.
19        (z) Records and information provided to a fatality
20    review team or the Illinois Fatality Review Team Advisory
21    Council under Section 15 of the Adult Protective Services
22    Act.
23        (aa) Information which is exempted from disclosure
24    under Section 2.37 of the Wildlife Code.
25        (bb) Information which is or was prohibited from
26    disclosure by the Juvenile Court Act of 1987.

 

 

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1        (cc) Recordings made under the Law Enforcement
2    Officer-Worn Body Camera Act, except to the extent
3    authorized under that Act.
4        (dd) Information that is prohibited from being
5    disclosed under Section 45 of the Condominium and Common
6    Interest Community Ombudsperson Act.
7        (ee) Information that is exempted from disclosure
8    under Section 30.1 of the Pharmacy Practice Act.
9        (ff) Information that is exempted from disclosure
10    under the Revised Uniform Unclaimed Property Act.
11        (gg) Information that is prohibited from being
12    disclosed under Section 7-603.5 of the Illinois Vehicle
13    Code.
14        (hh) Records that are exempt from disclosure under
15    Section 1A-16.7 of the Election Code.
16        (ii) Information which is exempted from disclosure
17    under Section 2505-800 of the Department of Revenue Law of
18    the Civil Administrative Code of Illinois.
19        (jj) Information and reports that are required to be
20    submitted to the Department of Labor by registering day and
21    temporary labor service agencies but are exempt from
22    disclosure under subsection (a-1) of Section 45 of the Day
23    and Temporary Labor Services Act.
24        (kk) Information prohibited from disclosure under the
25    Seizure and Forfeiture Reporting Act.
26        (ll) Information the disclosure of which is restricted

 

 

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1    and exempted under Section 5-30.8 of the Illinois Public
2    Aid Code.
3        (mm) (ll) Records that are exempt from disclosure under
4    Section 4.2 of the Crime Victims Compensation Act.
5        (nn) (ll) Information that is exempt from disclosure
6    under Section 70 of the Higher Education Student Assistance
7    Act.
8        (oo) Information that is exempt from disclosure under
9    Section 50 of the Sexual Assault Evidence Submission Act.
10(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
11eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
1299-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
13100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
148-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
15eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
16100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
1710-12-18.)
 
18    Section 15. The Sexual Assault Survivors Emergency
19Treatment Act is amended by changing Section 5 as follows:
 
20    (410 ILCS 70/5)  (from Ch. 111 1/2, par. 87-5)
21    Sec. 5. Minimum requirements for medical forensic services
22provided to sexual assault survivors by hospitals and approved
23pediatric health care facilities.
24    (a) Every hospital and approved pediatric health care

 

 

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1facility providing medical forensic services to sexual assault
2survivors under this Act shall, as minimum requirements for
3such services, provide, with the consent of the sexual assault
4survivor, and as ordered by the attending physician, an
5advanced practice registered nurse, or a physician assistant,
6the services set forth in subsection (a-5).
7    Beginning January 1, 2022, a qualified medical provider
8must provide the services set forth in subsection (a-5).
9    (a-5) A treatment hospital, a treatment hospital with
10approved pediatric transfer, or an approved pediatric health
11care facility shall provide the following services in
12accordance with subsection (a):
13        (1) Appropriate medical forensic services without
14    delay, in a private, age-appropriate or
15    developmentally-appropriate space, required to ensure the
16    health, safety, and welfare of a sexual assault survivor
17    and which may be used as evidence in a criminal proceeding
18    against a person accused of the sexual assault, in a
19    proceeding under the Juvenile Court Act of 1987, or in an
20    investigation under the Abused and Neglected Child
21    Reporting Act.
22        Records of medical forensic services, including
23    results of examinations and tests, the Illinois State
24    Police Medical Forensic Documentation Forms, the Illinois
25    State Police Patient Discharge Materials, and the Illinois
26    State Police Patient Consent: Collect and Test Evidence or

 

 

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1    Collect and Hold Evidence Form, shall be maintained by the
2    hospital or approved pediatric health care facility as part
3    of the patient's electronic medical record.
4        Records of medical forensic services of sexual assault
5    survivors under the age of 18 shall be retained by the
6    hospital for a period of 60 years after the sexual assault
7    survivor reaches the age of 18. Records of medical forensic
8    services of sexual assault survivors 18 years of age or
9    older shall be retained by the hospital for a period of 20
10    years after the date the record was created.
11        Records of medical forensic services may only be
12    disseminated in accordance with Section 6.5 of this Act and
13    other State and federal law.
14        (1.5) An offer to complete the Illinois Sexual Assault
15    Evidence Collection Kit for any sexual assault survivor who
16    presents within a minimum of the last 7 days of the assault
17    or who has disclosed past sexual assault by a specific
18    individual and was in the care of that individual within a
19    minimum of the last 7 days.
20            (A) Appropriate oral and written information
21        concerning evidence-based guidelines for the
22        appropriateness of evidence collection depending on
23        the sexual development of the sexual assault survivor,
24        the type of sexual assault, and the timing of the
25        sexual assault shall be provided to the sexual assault
26        survivor. Evidence collection is encouraged for

 

 

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1        prepubescent sexual assault survivors who present to a
2        hospital or approved pediatric health care facility
3        with a complaint of sexual assault within a minimum of
4        96 hours after the sexual assault.
5            Before January 1, 2022, the information required
6        under this subparagraph shall be provided in person by
7        the health care professional providing medical
8        forensic services directly to the sexual assault
9        survivor.
10            On and after January 1, 2022, the information
11        required under this subparagraph shall be provided in
12        person by the qualified medical provider providing
13        medical forensic services directly to the sexual
14        assault survivor.
15            The written information provided shall be the
16        information created in accordance with Section 10 of
17        this Act.
18            (B) Following the discussion regarding the
19        evidence-based guidelines for evidence collection in
20        accordance with subparagraph (A), evidence collection
21        must be completed at the sexual assault survivor's
22        request. A sexual assault nurse examiner conducting an
23        examination using the Illinois State Police Sexual
24        Assault Evidence Collection Kit may do so without the
25        presence or participation of a physician.
26        (2) Appropriate oral and written information

 

 

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1    concerning the possibility of infection, sexually
2    transmitted infection, including an evaluation of the
3    sexual assault survivor's risk of contracting human
4    immunodeficiency virus (HIV) from sexual assault, and
5    pregnancy resulting from sexual assault.
6        (3) Appropriate oral and written information
7    concerning accepted medical procedures, laboratory tests,
8    medication, and possible contraindications of such
9    medication available for the prevention or treatment of
10    infection or disease resulting from sexual assault.
11        (3.5) After after a medical evidentiary or physical
12    examination, access to a shower at no cost, unless
13    showering facilities are unavailable. ;
14        (4) An amount of medication, including HIV
15    prophylaxis, for treatment at the hospital or approved
16    pediatric health care facility and after discharge as is
17    deemed appropriate by the attending physician, an advanced
18    practice registered nurse, or a physician assistant in
19    accordance with the Centers for Disease Control and
20    Prevention guidelines and consistent with the hospital's
21    or approved pediatric health care facility's current
22    approved protocol for sexual assault survivors.
23        (5) Photo documentation of the sexual assault
24    survivor's injuries, anatomy involved in the assault, or
25    other visible evidence on the sexual assault survivor's
26    body to supplement the medical forensic history and written

 

 

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1    documentation of physical findings and evidence beginning
2    July 1, 2019. Photo documentation does not replace written
3    documentation of the injury.
4        (6) Written and oral instructions indicating the need
5    for follow-up examinations and laboratory tests after the
6    sexual assault to determine the presence or absence of
7    sexually transmitted infection.
8        (7) Referral by hospital or approved pediatric health
9    care facility personnel for appropriate counseling.
10        (8) Medical advocacy services provided by a rape crisis
11    counselor whose communications are protected under Section
12    8-802.1 of the Code of Civil Procedure, if there is a
13    memorandum of understanding between the hospital or
14    approved pediatric health care facility and a rape crisis
15    center. With the consent of the sexual assault survivor, a
16    rape crisis counselor shall remain in the exam room during
17    the medical forensic examination.
18        (9) Written information regarding services provided by
19    a Children's Advocacy Center and rape crisis center, if
20    applicable.
21        (10) A treatment hospital, a treatment hospital with
22    approved pediatric transfer, an out-of-state hospital as
23    defined in Section 5.4, or an approved pediatric health
24    care facility shall comply with the rules relating to the
25    collection and tracking of sexual assault evidence adopted
26    by the Department of State Police under Section 50 of the

 

 

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1    Sexual Assault Evidence Submission Act.
2    (a-7) By January 1, 2022, every hospital with a treatment
3plan approved by the Department shall employ or contract with a
4qualified medical provider to initiate medical forensic
5services to a sexual assault survivor within 90 minutes of the
6patient presenting to the treatment hospital or treatment
7hospital with approved pediatric transfer. The provision of
8medical forensic services by a qualified medical provider shall
9not delay the provision of life-saving medical care.
10    (b) Any person who is a sexual assault survivor who seeks
11medical forensic services or follow-up healthcare under this
12Act shall be provided such services without the consent of any
13parent, guardian, custodian, surrogate, or agent. If a sexual
14assault survivor is unable to consent to medical forensic
15services, the services may be provided under the Consent by
16Minors to Medical Procedures Act, the Health Care Surrogate
17Act, or other applicable State and federal laws.
18    (b-5) Every hospital or approved pediatric health care
19facility providing medical forensic services to sexual assault
20survivors shall issue a voucher to any sexual assault survivor
21who is eligible to receive one in accordance with Section 5.2
22of this Act. The hospital shall make a copy of the voucher and
23place it in the medical record of the sexual assault survivor.
24The hospital shall provide a copy of the voucher to the sexual
25assault survivor after discharge upon request.
26    (c) Nothing in this Section creates a physician-patient

 

 

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1relationship that extends beyond discharge from the hospital or
2approved pediatric health care facility.
3(Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16;
499-642, eff. 7-28-16; 100-513, eff. 1-1-18; 100-775, eff.
51-1-19; 100-1087, eff. 1-1-19; revised 10-24-18.)
 
6    Section 20. The Sexual Assault Evidence Submission Act is
7amended by adding Section 50 as follows:
 
8    (725 ILCS 202/50 new)
9    Sec. 50. Sexual assault evidence tracking system.
10    (a) On June 26, 2018 the Sexual Assault Evidence Tracking
11and Reporting Commission issued its report as required under
12Section 43. It is the intention of the General Assembly in
13enacting the provisions of this amendatory Act of the 101st
14General Assembly to implement the recommendations of the Sexual
15Assault Evidence Tracking and Reporting Commission set forth in
16that report in a manner that utilizes the current resources of
17law enforcement agencies whenever possible and that is
18adaptable to changing technologies and circumstances.
19    (a-1) Due to the complex nature of a statewide tracking
20system for sexual assault evidence and to ensure all
21stakeholders, including, but not limited to, victims and their
22designees, health care facilities, law enforcement agencies,
23forensic labs, and State's Attorneys offices are integrated,
24the Commission recommended the purchase of an electronic

 

 

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1off-the-shelf tracking system. The system must be able to
2communicate with all stakeholders and provide real-time
3information to a victim or his or her designee on the status of
4the evidence that was collected. The sexual assault evidence
5tracking system must:
6        (1) be electronic and web-based;
7        (2) be administered by the Department of State Police;
8        (3) have help desk availability at all times;
9        (4) ensure the law enforcement agency contact
10    information is accessible to the victim or his or her her
11    designee through the tracking system, so there is contact
12    information for questions;
13        (5) have the option for external connectivity to
14    evidence management systems, laboratory information
15    management systems, or other electronic data systems
16    already in existence by any of the stakeholders to minimize
17    additional burdens or tasks on stakeholders;
18        (6) allow for the victim to opt in for automatic
19    notifications when status updates are entered in the
20    system, if the system allows;
21        (7) include at each step in the process, a brief
22    explanation of the general purpose of that step and a
23    general indication of how long the step may take to
24    complete;
25        (8) contain minimum fields for tracking and reporting,
26    as follows:

 

 

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1            (A) for sexual assault evidence kit vendor fields:
2                (i) each sexual evidence kit identification
3            number provided to each health care facility; and
4                (ii) the date the sexual evidence kit was sent
5            to the health care facility.
6            (B) for health care facility fields:
7                (i) the date sexual assault evidence was
8            collected; and
9                (ii) the date notification was made to the law
10            enforcement agency that the sexual assault
11            evidence was collected.
12            (C) for law enforcement agency fields:
13                (i) the date the law enforcement agency took
14            possession of the sexual assault evidence from the
15            health care facility, another law enforcement
16            agency, or victim if he or she did not go through a
17            health care facility;
18                (ii) the law enforcement agency complaint
19            number;
20                (iii) if the law enforcement agency that takes
21            possession of the sexual assault evidence from a
22            health care facility is not the law enforcement
23            agency with jurisdiction in which the offense
24            occurred, the date when the law enforcement agency
25            notified the law enforcement agency having
26            jurisdiction that the agency has sexual assault

 

 

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1            evidence required under subsection (c) of Section
2            20 of the Sexual Assault Incident Procedure Act;
3                (iv) an indication if the victim consented for
4            analysis of the sexual assault evidence;
5                (v) if the victim did not consent for analysis
6            of the sexual assault evidence, the date on which
7            the law enforcement agency is no longer required to
8            store the sexual assault evidence;
9                (vi) a mechanism for the law enforcement
10            agency to document why the sexual assault evidence
11            was not submitted to the laboratory for analysis,
12            if applicable;
13                (vii) the date the law enforcement agency
14            received the sexual assault evidence results back
15            from the laboratory;
16                (viii) the date statutory notifications were
17            made to the victim victim or documentation of why
18            notification was not made; and
19                (ix) the date the law enforcement agency
20            turned over the case information to the State's
21            Attorney office, if applicable.
22            (D) for forensic lab fields:
23                (i) the date the sexual assault evidence is
24            received from the law enforcement agency by the
25            forensic lab for analysis;
26                (ii) the laboratory case number, visible to

 

 

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1            the law enforcement agency and State's Attorney
2            office; and
3                (iii) the date the laboratory completes the
4            analysis of the sexual assault evidence.
5            (E) for State's Attorney office fields:
6                (i) the date the State's Attorney office
7            received the sexual assault evidence results from
8            the laboratory, if applicable; and
9                (ii) the disposition or status of the case.
10    (a-2) The Commission also developed guidelines for secure
11electronic access to a tracking system for a victim, or his or
12her designee to access information on the status of the
13evidence collected. The Commission recommended minimum
14guidelines in order to safeguard confidentiality of the
15information contained within this statewide tracking system.
16These recommendations are that the sexual assault evidence
17tracking system must:
18        (1) allow for secure access, controlled by an
19    administering body who can restrict user access and allow
20    different permissions based on the need of that particular
21    user and health care facility users may include
22    out-of-state border hospitals, if authorized by the
23    Department of State Police to obtain this State's kits from
24    vendor;
25        (2) provide for users, other than victims, the ability
26    to provide for any individual who is granted access to the

 

 

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1    program their own unique user ID and password;
2        (3) provide for a mechanism for a victim to enter the
3    system and only access his or her own information;
4        (4) enable a sexual assault evidence to be tracked and
5    identified through the unique sexual assault evidence kit
6    identification number or barcode that the vendor applies to
7    each sexual assault evidence kit per the Department of
8    State Police's contract;
9        (5) have a mechanism to inventory unused kits provided
10    to a health care facility from the vendor;
11        (6) provide users the option to either scan the bar
12    code or manually enter the sexual assault evidence kit
13    number into the tracking program;
14        (7) provide a mechanism to create a separate unique
15    identification number for cases in which a sexual evidence
16    kit was not collected, but other evidence was collected;
17        (8) provide the ability to record date, time, and user
18    ID whenever any user accesses the system;
19        (9) provide for real-time entry and update of data;
20        (10) contain report functions including:
21            (A) health care facility compliance with
22        applicable laws;
23            (B) law enforcement agency compliance with
24        applicable laws;
25            (C) law enforcement agency annual inventory of
26        cases to each State's Attorney office; and

 

 

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1            (D) forensic lab compliance with applicable laws;
2        and
3        (11) provide automatic notifications to the law
4    enforcement agency when:
5            (A) a health care facility has collected sexual
6        assault evidence;
7            (B) unreleased sexual assault evidence that is
8        being stored by the law enforcement agency has met the
9        minimum storage requirement by law; and
10            (C) timelines as required by law are not met for a
11        particular case, if not otherwise documented.
12    (b) The Department shall develop rules to implement a
13sexual assault evidence tracking system that conforms with
14subsections (a-1) and (a-2) of this Section. The Department
15shall design the criteria for the sexual assault evidence
16tracking system so that, to the extent reasonably possible, the
17system can use existing technologies and products, including,
18but not limited to, currently available tracking systems. The
19sexual assault evidence tracking system shall be operational
20and shall begin tracking and reporting sexual assault evidence
21no later than one year after the effective date of this
22amendatory Act of the 101st General Assembly. The Department
23may adopt additional rules as it deems necessary to ensure that
24the sexual assault evidence tracking system continues to be a
25useful tool for law enforcement.
26    (c) A treatment hospital, a treatment hospital with

 

 

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1approved pediatric transfer, an out-of-state hospital approved
2by the Department of Public Health to receive transfers of
3Illinois sexual assault survivors, or an approved pediatric
4health care facility defined in Section 1a of the Sexual
5Assault Survivors Emergency Treatment Act shall participate in
6the sexual assault evidence tracking system created under this
7Section and in accordance with rules adopted under subsection
8(b), including, but not limited to, the collection of sexual
9assault evidence and providing information regarding that
10evidence, including, but not limited to, providing notice to
11law enforcement that the evidence has been collected.
12    (d) The operations of the sexual assault evidence tracking
13system shall be funded by moneys appropriated for that purpose
14from the State Crime Laboratory Fund and funds provided to the
15Department through asset forfeiture, together with such other
16funds as the General Assembly may appropriate.
17    (e) To ensure that the sexual assault evidence tracking
18system is operational, the Department may adopt emergency rules
19to implement the provisions of this Section under subsection
20(ff) of Section 5-45 of the Illinois Administrative Procedure
21Act.
22    (f) Information, including, but not limited to, evidence
23and records in the sexual assault evidence tracking system is
24exempt from disclosure under the Freedom of Information Act.
 
25    Section 25. The Unified Code of Corrections is amended by

 

 

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1changing Section 5-9-1.4 as follows:
 
2    (730 ILCS 5/5-9-1.4)  (from Ch. 38, par. 1005-9-1.4)
3    (Text of Section before amendment by P.A. 100-987)
4    Sec. 5-9-1.4. (a) "Crime laboratory" means any
5not-for-profit laboratory registered with the Drug Enforcement
6Administration of the United States Department of Justice,
7substantially funded by a unit or combination of units of local
8government or the State of Illinois, which regularly employs at
9least one person engaged in the analysis of controlled
10substances, cannabis, methamphetamine, or steroids for
11criminal justice agencies in criminal matters and provides
12testimony with respect to such examinations.
13    (b) When a person has been adjudged guilty of an offense in
14violation of the Cannabis Control Act, the Illinois Controlled
15Substances Act, the Methamphetamine Control and Community
16Protection Act, or the Steroid Control Act, in addition to any
17other disposition, penalty or fine imposed, a criminal
18laboratory analysis fee of $100 for each offense for which he
19was convicted shall be levied by the court. Any person placed
20on probation pursuant to Section 10 of the Cannabis Control
21Act, Section 410 of the Illinois Controlled Substances Act,
22Section 70 of the Methamphetamine Control and Community
23Protection Act, or Section 10 of the Steroid Control Act or
24placed on supervision for a violation of the Cannabis Control
25Act, the Illinois Controlled Substances Act or the Steroid

 

 

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1Control Act shall be assessed a criminal laboratory analysis
2fee of $100 for each offense for which he was charged. Upon
3verified petition of the person, the court may suspend payment
4of all or part of the fee if it finds that the person does not
5have the ability to pay the fee.
6    (c) In addition to any other disposition made pursuant to
7the provisions of the Juvenile Court Act of 1987, any minor
8adjudicated delinquent for an offense which if committed by an
9adult would constitute a violation of the Cannabis Control Act,
10the Illinois Controlled Substances Act, the Methamphetamine
11Control and Community Protection Act, or the Steroid Control
12Act shall be assessed a criminal laboratory analysis fee of
13$100 for each adjudication. Upon verified petition of the
14minor, the court may suspend payment of all or part of the fee
15if it finds that the minor does not have the ability to pay the
16fee. The parent, guardian or legal custodian of the minor may
17pay some or all of such fee on the minor's behalf.
18    (d) All criminal laboratory analysis fees provided for by
19this Section shall be collected by the clerk of the court and
20forwarded to the appropriate crime laboratory fund as provided
21in subsection (f).
22    (e) Crime laboratory funds shall be established as follows:
23        (1) Any unit of local government which maintains a
24    crime laboratory may establish a crime laboratory fund
25    within the office of the county or municipal treasurer.
26        (2) Any combination of units of local government which

 

 

10100HB1440ham001- 40 -LRB101 08023 SLF 58793 a

1    maintains a crime laboratory may establish a crime
2    laboratory fund within the office of the treasurer of the
3    county where the crime laboratory is situated.
4        (3) The State Crime Laboratory Fund is hereby created
5    as a special fund in the State Treasury.
6    (f) The analysis fee provided for in subsections (b) and
7(c) of this Section shall be forwarded to the office of the
8treasurer of the unit of local government that performed the
9analysis if that unit of local government has established a
10crime laboratory fund, or to the State Crime Laboratory Fund if
11the analysis was performed by a laboratory operated by the
12Illinois State Police. If the analysis was performed by a crime
13laboratory funded by a combination of units of local
14government, the analysis fee shall be forwarded to the
15treasurer of the county where the crime laboratory is situated
16if a crime laboratory fund has been established in that county.
17If the unit of local government or combination of units of
18local government has not established a crime laboratory fund,
19then the analysis fee shall be forwarded to the State Crime
20Laboratory Fund. The clerk of the circuit court may retain the
21amount of $10 from each collected analysis fee to offset
22administrative costs incurred in carrying out the clerk's
23responsibilities under this Section.
24    (g) Fees deposited into a crime laboratory fund created
25pursuant to paragraphs (1) or (2) of subsection (e) of this
26Section shall be in addition to any allocations made pursuant

 

 

10100HB1440ham001- 41 -LRB101 08023 SLF 58793 a

1to existing law and shall be designated for the exclusive use
2of the crime laboratory. These uses may include, but are not
3limited to, the following:
4        (1) costs incurred in providing analysis for
5    controlled substances in connection with criminal
6    investigations conducted within this State;
7        (2) purchase and maintenance of equipment for use in
8    performing analyses; and
9        (3) continuing education, training and professional
10    development of forensic scientists regularly employed by
11    these laboratories.
12    (h) Fees deposited in the State Crime Laboratory Fund
13created pursuant to paragraph (3) of subsection (d) of this
14Section shall be used by State crime laboratories as designated
15by the Director of State Police. These funds shall be in
16addition to any allocations made pursuant to existing law and
17shall be designated for the exclusive use of State crime
18laboratories or for the sexual assault evidence tracking system
19created under Section 50 of the Sexual Assault Evidence
20Submission Act. These uses may include those enumerated in
21subsection (g) of this Section.
22(Source: P.A. 94-556, eff. 9-11-05.)
 
23    (Text of Section after amendment by P.A. 100-987)
24    Sec. 5-9-1.4. (a) "Crime laboratory" means any
25not-for-profit laboratory registered with the Drug Enforcement

 

 

10100HB1440ham001- 42 -LRB101 08023 SLF 58793 a

1Administration of the United States Department of Justice,
2substantially funded by a unit or combination of units of local
3government or the State of Illinois, which regularly employs at
4least one person engaged in the analysis of controlled
5substances, cannabis, methamphetamine, or steroids for
6criminal justice agencies in criminal matters and provides
7testimony with respect to such examinations.
8    (b) (Blank).
9    (c) In addition to any other disposition made pursuant to
10the provisions of the Juvenile Court Act of 1987, any minor
11adjudicated delinquent for an offense which if committed by an
12adult would constitute a violation of the Cannabis Control Act,
13the Illinois Controlled Substances Act, the Methamphetamine
14Control and Community Protection Act, or the Steroid Control
15Act shall be required to pay a criminal laboratory analysis
16assessment of $100 for each adjudication. Upon verified
17petition of the minor, the court may suspend payment of all or
18part of the assessment if it finds that the minor does not have
19the ability to pay the assessment. The parent, guardian or
20legal custodian of the minor may pay some or all of such
21assessment on the minor's behalf.
22    (d) All criminal laboratory analysis fees provided for by
23this Section shall be collected by the clerk of the court and
24forwarded to the appropriate crime laboratory fund as provided
25in subsection (f).
26    (e) Crime laboratory funds shall be established as follows:

 

 

10100HB1440ham001- 43 -LRB101 08023 SLF 58793 a

1        (1) Any unit of local government which maintains a
2    crime laboratory may establish a crime laboratory fund
3    within the office of the county or municipal treasurer.
4        (2) Any combination of units of local government which
5    maintains a crime laboratory may establish a crime
6    laboratory fund within the office of the treasurer of the
7    county where the crime laboratory is situated.
8        (3) The State Crime Laboratory Fund is hereby created
9    as a special fund in the State Treasury.
10    (f) The analysis assessment provided for in subsection (c)
11of this Section shall be forwarded to the office of the
12treasurer of the unit of local government that performed the
13analysis if that unit of local government has established a
14crime laboratory fund, or to the State Crime Laboratory Fund if
15the analysis was performed by a laboratory operated by the
16Illinois State Police. If the analysis was performed by a crime
17laboratory funded by a combination of units of local
18government, the analysis assessment shall be forwarded to the
19treasurer of the county where the crime laboratory is situated
20if a crime laboratory fund has been established in that county.
21If the unit of local government or combination of units of
22local government has not established a crime laboratory fund,
23then the analysis assessment shall be forwarded to the State
24Crime Laboratory Fund.
25    (g) Moneys deposited into a crime laboratory fund created
26pursuant to paragraphs (1) or (2) of subsection (e) of this

 

 

10100HB1440ham001- 44 -LRB101 08023 SLF 58793 a

1Section shall be in addition to any allocations made pursuant
2to existing law and shall be designated for the exclusive use
3of the crime laboratory. These uses may include, but are not
4limited to, the following:
5        (1) costs incurred in providing analysis for
6    controlled substances in connection with criminal
7    investigations conducted within this State;
8        (2) purchase and maintenance of equipment for use in
9    performing analyses; and
10        (3) continuing education, training and professional
11    development of forensic scientists regularly employed by
12    these laboratories.
13    (h) Moneys deposited in the State Crime Laboratory Fund
14created pursuant to paragraph (3) of subsection (d) of this
15Section shall be used by State crime laboratories as designated
16by the Director of State Police. These funds shall be in
17addition to any allocations made pursuant to existing law and
18shall be designated for the exclusive use of State crime
19laboratories or for the sexual assault evidence tracking system
20created under Section 50 of the Sexual Assault Evidence
21Submission Act. These uses may include those enumerated in
22subsection (g) of this Section.
23(Source: P.A. 100-987, eff. 7-1-19.)
 
24    Section 90. The State Mandates Act is amended by adding
25Section 8.43 as follows:
 

 

 

10100HB1440ham001- 45 -LRB101 08023 SLF 58793 a

1    (30 ILCS 805/8.43 new)
2    Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8
3of this Act, no reimbursement by the State is required for the
4implementation of any mandate created by this amendatory Act of
5the 101st General Assembly.
 
6    Section 95. No acceleration or delay. Where this Act makes
7changes in a statute that is represented in this Act by text
8that is not yet or no longer in effect (for example, a Section
9represented by multiple versions), the use of that text does
10not accelerate or delay the taking effect of (i) the changes
11made by this Act or (ii) provisions derived from any other
12Public Act.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".