Illinois General Assembly - Full Text of HB1739
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Full Text of HB1739  102nd General Assembly

HB1739sam001 102ND GENERAL ASSEMBLY

Sen. Karina Villa

Filed: 5/14/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1739

2    AMENDMENT NO. ______. Amend House Bill 1739 by replacing
3everything after the enacting clause with the following:
 
4    "Section 3. The Sexual Assault Survivors Emergency
5Treatment Act is amended by changing Sections 5 and 5-1 as
6follows:
 
7    (410 ILCS 70/5)  (from Ch. 111 1/2, par. 87-5)
8    Sec. 5. Minimum requirements for medical forensic services
9provided to sexual assault survivors by hospitals and approved
10pediatric health care facilities.
11    (a) Every hospital and approved pediatric health care
12facility providing medical forensic services to sexual assault
13survivors under this Act shall, as minimum requirements for
14such services, provide, with the consent of the sexual assault
15survivor, and as ordered by the attending physician, an
16advanced practice registered nurse, or a physician assistant,

 

 

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

 

 

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1    hospital for a period of 60 years after the sexual assault
2    survivor reaches the age of 18. Records of medical
3    forensic services of sexual assault survivors 18 years of
4    age or older shall be retained by the hospital for a period
5    of 20 years after the date the record was created.
6        Records of medical forensic services may only be
7    disseminated in accordance with Section 6.5 of this Act
8    and other State and federal law.
9        (1.5) An offer to complete the Illinois Sexual Assault
10    Evidence Collection Kit for any sexual assault survivor
11    who presents within a minimum of the last 7 days of the
12    assault or who has disclosed past sexual assault by a
13    specific individual and was in the care of that individual
14    within a minimum of the last 7 days.
15            (A) Appropriate oral and written information
16        concerning evidence-based guidelines for the
17        appropriateness of evidence collection depending on
18        the sexual development of the sexual assault survivor,
19        the type of sexual assault, and the timing of the
20        sexual assault shall be provided to the sexual assault
21        survivor. Evidence collection is encouraged for
22        prepubescent sexual assault survivors who present to a
23        hospital or approved pediatric health care facility
24        with a complaint of sexual assault within a minimum of
25        96 hours after the sexual assault.
26            Before January 1, 2022, the information required

 

 

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1        under this subparagraph shall be provided in person by
2        the health care professional providing medical
3        forensic services directly to the sexual assault
4        survivor.
5            On and after January 1, 2022, the information
6        required under this subparagraph shall be provided in
7        person by the qualified medical provider providing
8        medical forensic services directly to the sexual
9        assault survivor.
10            The written information provided shall be the
11        information created in accordance with Section 10 of
12        this Act.
13            (B) Following the discussion regarding the
14        evidence-based guidelines for evidence collection in
15        accordance with subparagraph (A), evidence collection
16        must be completed at the sexual assault survivor's
17        request. A sexual assault nurse examiner conducting an
18        examination using the Illinois State Police Sexual
19        Assault Evidence Collection Kit may do so without the
20        presence or participation of a physician.
21        (2) Appropriate oral and written information
22    concerning the possibility of infection, sexually
23    transmitted infection, including an evaluation of the
24    sexual assault survivor's risk of contracting human
25    immunodeficiency virus (HIV) from sexual assault, and
26    pregnancy resulting from sexual assault.

 

 

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1        (3) Appropriate oral and written information
2    concerning accepted medical procedures, laboratory tests,
3    medication, and possible contraindications of such
4    medication available for the prevention or treatment of
5    infection or disease resulting from sexual assault.
6        (3.5) After a medical evidentiary or physical
7    examination, access to a shower at no cost, unless
8    showering facilities are unavailable.
9        (4) An amount of medication, including HIV
10    prophylaxis, for treatment at the hospital or approved
11    pediatric health care facility and after discharge as is
12    deemed appropriate by the attending physician, an advanced
13    practice registered nurse, or a physician assistant in
14    accordance with the Centers for Disease Control and
15    Prevention guidelines and consistent with the hospital's
16    or approved pediatric health care facility's current
17    approved protocol for sexual assault survivors.
18        (5) Photo documentation of the sexual assault
19    survivor's injuries, anatomy involved in the assault, or
20    other visible evidence on the sexual assault survivor's
21    body to supplement the medical forensic history and
22    written documentation of physical findings and evidence
23    beginning July 1, 2019. Photo documentation does not
24    replace written documentation of the injury.
25        (6) Written and oral instructions indicating the need
26    for follow-up examinations and laboratory tests after the

 

 

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1    sexual assault to determine the presence or absence of
2    sexually transmitted infection.
3        (7) Referral by hospital or approved pediatric health
4    care facility personnel for appropriate counseling.
5        (8) Medical advocacy services provided by a rape
6    crisis counselor whose communications are protected under
7    Section 8-802.1 of the Code of Civil Procedure, if there
8    is a memorandum of understanding between the hospital or
9    approved pediatric health care facility and a rape crisis
10    center. With the consent of the sexual assault survivor, a
11    rape crisis counselor shall remain in the exam room during
12    the medical forensic examination.
13        (9) Written information regarding services provided by
14    a Children's Advocacy Center and rape crisis center, if
15    applicable.
16        (10) A treatment hospital, a treatment hospital with
17    approved pediatric transfer, an out-of-state hospital as
18    defined in Section 5.4, or an approved pediatric health
19    care facility shall comply with the rules relating to the
20    collection and tracking of sexual assault evidence adopted
21    by the Department of State Police under Section 50 of the
22    Sexual Assault Evidence Submission Act.
23        (11) Written information regarding the Illinois State
24    Police sexual assault evidence tracking system.
25    (a-7) By January 1, 2022, every hospital with a treatment
26plan approved by the Department shall employ or contract with

 

 

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1a qualified medical provider to initiate medical forensic
2services to a sexual assault survivor within 90 minutes of the
3patient presenting to the treatment hospital or treatment
4hospital with approved pediatric transfer. The provision of
5medical forensic services by a qualified medical provider
6shall not delay the provision of life-saving medical care.
7    (b) Any person who is a sexual assault survivor who seeks
8medical forensic services or follow-up healthcare under this
9Act shall be provided such services without the consent of any
10parent, guardian, custodian, surrogate, or agent. If a sexual
11assault survivor is unable to consent to medical forensic
12services, the services may be provided under the Consent by
13Minors to Medical Procedures Act, the Health Care Surrogate
14Act, or other applicable State and federal laws.
15    (b-5) Every hospital or approved pediatric health care
16facility providing medical forensic services to sexual assault
17survivors shall issue a voucher to any sexual assault survivor
18who is eligible to receive one in accordance with Section 5.2
19of this Act. The hospital shall make a copy of the voucher and
20place it in the medical record of the sexual assault survivor.
21The hospital shall provide a copy of the voucher to the sexual
22assault survivor after discharge upon request.
23    (c) Nothing in this Section creates a physician-patient
24relationship that extends beyond discharge from the hospital
25or approved pediatric health care facility.
26    (d) This Section is effective on and after July 1, 2021.

 

 

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1(Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19;
2100-1087, eff. 1-1-19; 101-81, eff. 7-12-19; 101-377, eff.
38-16-19; 101-634, eff. 6-5-20.)
 
4    (410 ILCS 70/5-1)
5    (Section scheduled to be repealed on June 30, 2021)
6    Sec. 5-1. Minimum requirements for medical forensic
7services provided to sexual assault survivors by hospitals,
8approved pediatric health care facilities, and approved
9federally qualified health centers.
10    (a) Every hospital, approved pediatric health care
11facility, and approved federally qualified health center
12providing medical forensic services to sexual assault
13survivors under this Act shall, as minimum requirements for
14such services, provide, with the consent of the sexual assault
15survivor, and as ordered by the attending physician, an
16advanced practice registered nurse, or a physician assistant,
17the services set forth in subsection (a-5).
18    Beginning January 1, 2022, a qualified medical provider
19must provide the services set forth in subsection (a-5).
20    (a-5) A treatment hospital, a treatment hospital with
21approved pediatric transfer, or an approved pediatric health
22care facility, or an approved federally qualified health
23center shall provide the following services in accordance with
24subsection (a):
25        (1) Appropriate medical forensic services without

 

 

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1    delay, in a private, age-appropriate or
2    developmentally-appropriate space, required to ensure the
3    health, safety, and welfare of a sexual assault survivor
4    and which may be used as evidence in a criminal proceeding
5    against a person accused of the sexual assault, in a
6    proceeding under the Juvenile Court Act of 1987, or in an
7    investigation under the Abused and Neglected Child
8    Reporting Act.
9        Records of medical forensic services, including
10    results of examinations and tests, the Illinois State
11    Police Medical Forensic Documentation Forms, the Illinois
12    State Police Patient Discharge Materials, and the Illinois
13    State Police Patient Consent: Collect and Test Evidence or
14    Collect and Hold Evidence Form, shall be maintained by the
15    hospital or approved pediatric health care facility as
16    part of the patient's electronic medical record.
17        Records of medical forensic services of sexual assault
18    survivors under the age of 18 shall be retained by the
19    hospital for a period of 60 years after the sexual assault
20    survivor reaches the age of 18. Records of medical
21    forensic services of sexual assault survivors 18 years of
22    age or older shall be retained by the hospital for a period
23    of 20 years after the date the record was created.
24        Records of medical forensic services may only be
25    disseminated in accordance with Section 6.5-1 of this Act
26    and other State and federal law.

 

 

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1        (1.5) An offer to complete the Illinois Sexual Assault
2    Evidence Collection Kit for any sexual assault survivor
3    who presents within a minimum of the last 7 days of the
4    assault or who has disclosed past sexual assault by a
5    specific individual and was in the care of that individual
6    within a minimum of the last 7 days.
7            (A) Appropriate oral and written information
8        concerning evidence-based guidelines for the
9        appropriateness of evidence collection depending on
10        the sexual development of the sexual assault survivor,
11        the type of sexual assault, and the timing of the
12        sexual assault shall be provided to the sexual assault
13        survivor. Evidence collection is encouraged for
14        prepubescent sexual assault survivors who present to a
15        hospital or approved pediatric health care facility
16        with a complaint of sexual assault within a minimum of
17        96 hours after the sexual assault.
18            Before January 1, 2022, the information required
19        under this subparagraph shall be provided in person by
20        the health care professional providing medical
21        forensic services directly to the sexual assault
22        survivor.
23            On and after January 1, 2022, the information
24        required under this subparagraph shall be provided in
25        person by the qualified medical provider providing
26        medical forensic services directly to the sexual

 

 

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1        assault survivor.
2            The written information provided shall be the
3        information created in accordance with Section 10-1 of
4        this Act.
5            (B) Following the discussion regarding the
6        evidence-based guidelines for evidence collection in
7        accordance with subparagraph (A), evidence collection
8        must be completed at the sexual assault survivor's
9        request. A sexual assault nurse examiner conducting an
10        examination using the Illinois State Police Sexual
11        Assault Evidence Collection Kit may do so without the
12        presence or participation of a physician.
13        (2) Appropriate oral and written information
14    concerning the possibility of infection, sexually
15    transmitted infection, including an evaluation of the
16    sexual assault survivor's risk of contracting human
17    immunodeficiency virus (HIV) from sexual assault, and
18    pregnancy resulting from sexual assault.
19        (3) Appropriate oral and written information
20    concerning accepted medical procedures, laboratory tests,
21    medication, and possible contraindications of such
22    medication available for the prevention or treatment of
23    infection or disease resulting from sexual assault.
24        (3.5) After a medical evidentiary or physical
25    examination, access to a shower at no cost, unless
26    showering facilities are unavailable.

 

 

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1        (4) An amount of medication, including HIV
2    prophylaxis, for treatment at the hospital or approved
3    pediatric health care facility and after discharge as is
4    deemed appropriate by the attending physician, an advanced
5    practice registered nurse, or a physician assistant in
6    accordance with the Centers for Disease Control and
7    Prevention guidelines and consistent with the hospital's
8    or approved pediatric health care facility's current
9    approved protocol for sexual assault survivors.
10        (5) Photo documentation of the sexual assault
11    survivor's injuries, anatomy involved in the assault, or
12    other visible evidence on the sexual assault survivor's
13    body to supplement the medical forensic history and
14    written documentation of physical findings and evidence
15    beginning July 1, 2019. Photo documentation does not
16    replace written documentation of the injury.
17        (6) Written and oral instructions indicating the need
18    for follow-up examinations and laboratory tests after the
19    sexual assault to determine the presence or absence of
20    sexually transmitted infection.
21        (7) Referral by hospital or approved pediatric health
22    care facility personnel for appropriate counseling.
23        (8) Medical advocacy services provided by a rape
24    crisis counselor whose communications are protected under
25    Section 8-802.1 of the Code of Civil Procedure, if there
26    is a memorandum of understanding between the hospital or

 

 

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1    approved pediatric health care facility and a rape crisis
2    center. With the consent of the sexual assault survivor, a
3    rape crisis counselor shall remain in the exam room during
4    the medical forensic examination.
5        (9) Written information regarding services provided by
6    a Children's Advocacy Center and rape crisis center, if
7    applicable.
8        (10) A treatment hospital, a treatment hospital with
9    approved pediatric transfer, an out-of-state hospital as
10    defined in Section 5.4, or an approved pediatric health
11    care facility shall comply with the rules relating to the
12    collection and tracking of sexual assault evidence adopted
13    by the Department of State Police under Section 50 of the
14    Sexual Assault Evidence Submission Act.
15        (11) Written information regarding the Illinois State
16    Police sexual assault evidence tracking system.
17    (a-7) By January 1, 2022, every hospital with a treatment
18plan approved by the Department shall employ or contract with
19a qualified medical provider to initiate medical forensic
20services to a sexual assault survivor within 90 minutes of the
21patient presenting to the treatment hospital or treatment
22hospital with approved pediatric transfer. The provision of
23medical forensic services by a qualified medical provider
24shall not delay the provision of life-saving medical care.
25    (b) Any person who is a sexual assault survivor who seeks
26medical forensic services or follow-up healthcare under this

 

 

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1Act shall be provided such services without the consent of any
2parent, guardian, custodian, surrogate, or agent. If a sexual
3assault survivor is unable to consent to medical forensic
4services, the services may be provided under the Consent by
5Minors to Medical Procedures Act, the Health Care Surrogate
6Act, or other applicable State and federal laws.
7    (b-5) Every hospital, approved pediatric health care
8facility, or approved federally qualified health center
9providing medical forensic services to sexual assault
10survivors shall issue a voucher to any sexual assault survivor
11who is eligible to receive one in accordance with Section
125.2-1 of this Act. The hospital, approved pediatric health
13care facility, or approved federally qualified health center
14shall make a copy of the voucher and place it in the medical
15record of the sexual assault survivor. The hospital, approved
16pediatric health care facility, or approved federally
17qualified health center shall provide a copy of the voucher to
18the sexual assault survivor after discharge upon request.
19    (c) Nothing in this Section creates a physician-patient
20relationship that extends beyond discharge from the hospital,
21or approved pediatric health care facility, or approved
22federally qualified health center.
23    (d) This Section is repealed on June 30, 2021.
24(Source: P.A. 101-634, eff. 6-5-20.)
 
25    Section 5. The Sexual Assault Evidence Submission Act is

 

 

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1amended by changing Section 50 as follows:
 
2    (725 ILCS 202/50)
3    Sec. 50. Sexual assault evidence tracking system.
4    (a) On June 26, 2018, the Sexual Assault Evidence Tracking
5and Reporting Commission issued its report as required under
6Section 43. It is the intention of the General Assembly in
7enacting the provisions of this amendatory Act of the 101st
8General Assembly to implement the recommendations of the
9Sexual Assault Evidence Tracking and Reporting Commission set
10forth in that report in a manner that utilizes the current
11resources of law enforcement agencies whenever possible and
12that is adaptable to changing technologies and circumstances.
13    (a-1) Due to the complex nature of a statewide tracking
14system for sexual assault evidence and to ensure all
15stakeholders, including, but not limited to, victims and their
16designees, health care facilities, law enforcement agencies,
17forensic labs, and State's Attorneys offices are integrated,
18the Commission recommended the purchase of an electronic
19off-the-shelf tracking system. The system must be able to
20communicate with all stakeholders and provide real-time
21information to a victim or his or her designee on the status of
22the evidence that was collected. The sexual assault evidence
23tracking system must:
24        (1) be electronic and web-based;
25        (2) be administered by the Department of State Police;

 

 

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1        (3) have help desk availability at all times;
2        (4) ensure the law enforcement agency contact
3    information is accessible to the victim or his or her
4    designee through the tracking system, so there is contact
5    information for questions;
6        (5) have the option for external connectivity to
7    evidence management systems, laboratory information
8    management systems, or other electronic data systems
9    already in existence by any of the stakeholders to
10    minimize additional burdens or tasks on stakeholders;
11        (6) allow for the victim to opt in for automatic
12    notifications when status updates are entered in the
13    system, if the system allows;
14        (7) include at each step in the process, a brief
15    explanation of the general purpose of that step and a
16    general indication of how long the step may take to
17    complete;
18        (8) contain minimum fields for tracking and reporting,
19    as follows:
20            (A) for sexual assault evidence kit vendor fields:
21                (i) each sexual evidence kit identification
22            number provided to each health care facility; and
23                (ii) the date the sexual evidence kit was sent
24            to the health care facility.
25            (B) for health care facility fields:
26                (i) the date sexual assault evidence was

 

 

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1            collected; and
2                (ii) the date notification was made to the law
3            enforcement agency that the sexual assault
4            evidence was collected.
5            (C) for law enforcement agency fields:
6                (i) the date the law enforcement agency took
7            possession of the sexual assault evidence from the
8            health care facility, another law enforcement
9            agency, or victim if he or she did not go through a
10            health care facility;
11                (ii) the law enforcement agency complaint
12            number;
13                (iii) if the law enforcement agency that takes
14            possession of the sexual assault evidence from a
15            health care facility is not the law enforcement
16            agency with jurisdiction in which the offense
17            occurred, the date when the law enforcement agency
18            notified the law enforcement agency having
19            jurisdiction that the agency has sexual assault
20            evidence required under subsection (c) of Section
21            20 of the Sexual Assault Incident Procedure Act;
22                (iv) an indication if the victim consented for
23            analysis of the sexual assault evidence;
24                (v) if the victim did not consent for analysis
25            of the sexual assault evidence, the date on which
26            the law enforcement agency is no longer required

 

 

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1            to store the sexual assault evidence;
2                (vi) a mechanism for the law enforcement
3            agency to document why the sexual assault evidence
4            was not submitted to the laboratory for analysis,
5            if applicable;
6                (vii) the date the law enforcement agency
7            received the sexual assault evidence results back
8            from the laboratory;
9                (viii) the date statutory notifications were
10            made to the victim or documentation of why
11            notification was not made; and
12                (ix) the date the law enforcement agency
13            turned over the case information to the State's
14            Attorney office, if applicable.
15            (D) for forensic lab fields:
16                (i) the date the sexual assault evidence is
17            received from the law enforcement agency by the
18            forensic lab for analysis;
19                (ii) the laboratory case number, visible to
20            the law enforcement agency and State's Attorney
21            office; and
22                (iii) the date the laboratory completes the
23            analysis of the sexual assault evidence.
24            (E) for State's Attorney office fields:
25                (i) the date the State's Attorney office
26            received the sexual assault evidence results from

 

 

10200HB1739sam001- 19 -LRB102 11380 KMF 26589 a

1            the laboratory, if applicable; and
2                (ii) the disposition or status of the case.
3    (a-2) The Commission also developed guidelines for secure
4electronic access to a tracking system for a victim, or his or
5her designee to access information on the status of the
6evidence collected. The Commission recommended minimum
7guidelines in order to safeguard confidentiality of the
8information contained within this statewide tracking system.
9These recommendations are that the sexual assault evidence
10tracking system must:
11        (1) allow for secure access, controlled by an
12    administering body who can restrict user access and allow
13    different permissions based on the need of that particular
14    user and health care facility users may include
15    out-of-state border hospitals, if authorized by the
16    Department of State Police to obtain this State's kits
17    from vendor;
18        (2) provide for users, other than victims, the ability
19    to provide for any individual who is granted access to the
20    program their own unique user ID and password;
21        (3) provide for a mechanism for a victim to enter the
22    system and only access his or her own information;
23        (4) enable a sexual assault evidence to be tracked and
24    identified through the unique sexual assault evidence kit
25    identification number or barcode that the vendor applies
26    to each sexual assault evidence kit per the Department of

 

 

10200HB1739sam001- 20 -LRB102 11380 KMF 26589 a

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

 

 

10200HB1739sam001- 21 -LRB102 11380 KMF 26589 a

1        being stored by the law enforcement agency has met the
2        minimum storage requirement by law; and
3            (C) timelines as required by law are not met for a
4        particular case, if not otherwise documented.
5    (b) The Department may shall develop rules to implement a
6sexual assault evidence tracking system that conforms with
7subsections (a-1) and (a-2) of this Section. The Department
8shall design the criteria for the sexual assault evidence
9tracking system so that, to the extent reasonably possible,
10the system can use existing technologies and products,
11including, but not limited to, currently available tracking
12systems. The sexual assault evidence tracking system shall be
13operational and shall begin tracking and reporting sexual
14assault evidence no later than one year after the effective
15date of this amendatory Act of the 101st General Assembly. The
16Department may adopt additional rules as it deems necessary to
17ensure that the sexual assault evidence tracking system
18continues to be a useful tool for law enforcement.
19    (c) A treatment hospital, a treatment hospital with
20approved pediatric transfer, an out-of-state hospital approved
21by the Department of Public Health to receive transfers of
22Illinois sexual assault survivors, or an approved pediatric
23health care facility defined in Section 1a of the Sexual
24Assault Survivors Emergency Treatment Act shall participate in
25the sexual assault evidence tracking system created under this
26Section and in accordance with rules adopted under subsection

 

 

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1(b), including, but not limited to, the collection of sexual
2assault evidence and providing information regarding that
3evidence, including, but not limited to, providing notice to
4law enforcement that the evidence has been collected.
5    (d) The operations of the sexual assault evidence tracking
6system shall be funded by moneys appropriated for that purpose
7from the State Crime Laboratory Fund and funds provided to the
8Department through asset forfeiture, together with such other
9funds as the General Assembly may appropriate.
10    (e) To ensure that the sexual assault evidence tracking
11system is operational, the Department may adopt emergency
12rules to implement the provisions of this Section under
13subsection (ff) of Section 5-45 of the Illinois Administrative
14Procedure Act.
15    (f) Information, including, but not limited to, evidence
16and records in the sexual assault evidence tracking system is
17exempt from disclosure under the Freedom of Information Act.
18(Source: P.A. 101-377, eff. 8-16-19.)
 
19    Section 10. The Sexual Assault Incident Procedure Act is
20amended by changing Sections 25 and 35 and by adding Section 11
21as follows:
 
22    (725 ILCS 203/11 new)
23    Sec. 11. Victim notification. When evidence is collected
24from a sexual assault survivor, the health care provider or

 

 

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

 

 

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1        evidence collected will not be used to prosecute the
2        victim for any offense related to the use of alcohol,
3        cannabis, or a controlled substance;
4            (D) the location of nearby hospitals that provide
5        emergency medical and forensic services and, if known,
6        whether the hospitals employ any sexual assault nurse
7        examiners;
8            (E) a summary of the procedures and relief
9        available to victims of sexual assault or sexual abuse
10        under the Civil No Contact Order Act or the Illinois
11        Domestic Violence Act of 1986;
12            (F) the law enforcement officer's name and badge
13        number;
14            (G) at least one referral to an accessible service
15        agency and information advising the victim that rape
16        crisis centers can assist with obtaining civil no
17        contact orders and orders of protection; and
18            (H) if the sexual assault or sexual abuse occurred
19        in another jurisdiction, provide in writing the
20        address and phone number of a specific contact at the
21        law enforcement agency having jurisdiction.
22        (2) Offer to provide or arrange accessible
23    transportation for the victim to a hospital for emergency
24    and forensic services, including contacting emergency
25    medical services.
26        (2.5) Notify victims about the Illinois State Police

 

 

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1    sexual assault evidence tracking system.
2        (3) Offer to provide or arrange accessible
3    transportation for the victim to the nearest available
4    circuit judge or associate judge so the victim may file a
5    petition for an emergency civil no contact order under the
6    Civil No Contact Order Act or an order of protection under
7    the Illinois Domestic Violence Act of 1986 after the close
8    of court business hours, if a judge is available.
9    (b) At the time of the initial contact with a person making
10a third-party report under Section 22 of this Act, a law
11enforcement officer shall provide the written information
12prescribed under paragraph (1) of subsection (a) of this
13Section to the person making the report and request the person
14provide the written information to the victim of the sexual
15assault or sexual abuse.
16    (c) If the first contact with the victim occurs at a
17hospital, a law enforcement officer may request the hospital
18provide interpretive services.
19(Source: P.A. 99-801, eff. 1-1-17; 100-1087, eff. 1-1-19.)
 
20    (725 ILCS 203/35)
21    Sec. 35. Release of information.
22    (a) Upon the request of the victim who has consented to the
23release of sexual assault evidence for testing, the law
24enforcement agency having jurisdiction shall notify the victim
25about the Illinois State Police sexual assault evidence

 

 

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1tracking system and provide the following information in
2writing:
3        (1) the date the sexual assault evidence was sent to a
4    Department of State Police forensic laboratory or
5    designated laboratory;
6        (2) test results provided to the law enforcement
7    agency by a Department of State Police forensic laboratory
8    or designated laboratory, including, but not limited to:
9            (A) whether a DNA profile was obtained from the
10        testing of the sexual assault evidence from the
11        victim's case;
12            (B) whether the DNA profile developed from the
13        sexual assault evidence has been searched against the
14        DNA Index System or any state or federal DNA database;
15            (C) whether an association was made to an
16        individual whose DNA profile is consistent with the
17        sexual assault evidence DNA profile, provided that
18        disclosure would not impede or compromise an ongoing
19        investigation; and
20            (D) whether any drugs were detected in a urine or
21        blood sample analyzed for drug facilitated sexual
22        assault and information about any drugs detected.
23    (b) The information listed in paragraph (1) of subsection
24(a) of this Section shall be provided to the victim within 7
25days of the transfer of the evidence to the laboratory. The
26information listed in paragraph (2) of subsection (a) of this

 

 

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1Section shall be provided to the victim within 7 days of the
2receipt of the information by the law enforcement agency
3having jurisdiction.
4    (c) At the time the sexual assault evidence is released
5for testing, the victim shall be provided written information
6by the law enforcement agency having jurisdiction or the
7hospital providing emergency services and forensic services to
8the victim informing him or her of the right to request
9information under subsection (a) of this Section. A victim may
10designate another person or agency to receive this
11information.
12    (d) The victim or the victim's designee shall keep the law
13enforcement agency having jurisdiction informed of the name,
14address, telephone number, and email address of the person to
15whom the information should be provided, and any changes of
16the name, address, telephone number, and email address, if an
17email address is available.
18(Source: P.A. 99-801, eff. 1-1-17.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".