Full Text of SB0333 103rd General Assembly
SB0333eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Identification Act is amended by | 5 | | changing Section 3.2 as follows:
| 6 | | (20 ILCS 2630/3.2) (from Ch. 38, par. 206-3.2)
| 7 | | Sec. 3.2.
(a) It is the duty of any person conducting or | 8 | | operating a medical facility,
or any physician or nurse , as | 9 | | soon as treatment permits , to notify the local
law enforcement | 10 | | agency of that jurisdiction upon the application for
treatment | 11 | | of a person who is not accompanied by a law enforcement | 12 | | officer,
when it reasonably appears that the person requesting | 13 | | treatment has
received:
| 14 | | (1) any injury resulting from the discharge of a | 15 | | firearm; or
| 16 | | (2) any injury sustained in the commission of or as a | 17 | | victim of a
criminal offense ; or . | 18 | | (3) any injury sustained as a victim of a criminal | 19 | | offense. Except, when it reasonably appears that the | 20 | | person requesting treatment is a sexual assault survivor | 21 | | age 13 or older, a person conducting or operating a | 22 | | medical facility, or a physician or nurse at the medical | 23 | | facility, must notify the local law enforcement as |
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| 1 | | follows: | 2 | | (A) If a sexual assault survivor consents to | 3 | | notification being made, local law enforcement must be | 4 | | notified as soon as treatment permits. If the sexual | 5 | | assault or sexual abuse occurred in another | 6 | | jurisdiction, the law enforcement officer taking the | 7 | | report must submit the report to the law enforcement | 8 | | agency having jurisdiction as provided in subsection | 9 | | (c) of Section 20 of the Sexual Assault Incident | 10 | | Procedure Act. | 11 | | (B) The health care provider must advise the | 12 | | survivor about the options for timing of the law | 13 | | enforcement notification, ask the survivor if the | 14 | | survivor has been threatened, and offer to connect the | 15 | | survivor with a rape crisis center for safety | 16 | | planning, if appropriate. If a sexual assault survivor | 17 | | does not consent to notification being made as soon as | 18 | | treatment permits, notification to the law enforcement | 19 | | agency having jurisdiction must be delayed until after | 20 | | the sexual assault survivor leaves the outpatient | 21 | | treatment location, but no later than 24 hours after | 22 | | the sexual assault survivor leaves. If the law | 23 | | enforcement agency having jurisdiction cannot be | 24 | | reasonably determined, then notification shall be made | 25 | | to the local law enforcement agency of the medical | 26 | | facility. |
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| 1 | | (C) If a sexual assault survivor does not consent | 2 | | to notification being made as soon as treatment | 3 | | permits and only consents to the collection and | 4 | | storage of evidence, the person conducting or | 5 | | operating a medical facility, or a physician or nurse | 6 | | at the medical facility, must make the notification in | 7 | | accordance with Section 6.6 or 6.6-1 of the Sexual | 8 | | Assault Survivors Emergency Treatment Act. Law | 9 | | enforcement may not be given any personal identifying | 10 | | information for the sexual assault survivor other than | 11 | | using the unique sexual assault evidence kit | 12 | | identification number assigned to the Illinois State | 13 | | Police evidence collection kit or the sexual assault | 14 | | survivor's medical record number. The medical | 15 | | facility, physician, or nurse must record the unique | 16 | | sexual assault evidence kit identification number in | 17 | | the medical record, if one exists, and shall provide | 18 | | the number to the sexual assault survivor or the | 19 | | sexual assault survivor's designee at the time of | 20 | | treatment and later at the request of the sexual | 21 | | assault survivor or their designee. | 22 | | (D) The sexual assault survivor's decision | 23 | | regarding notification of law enforcement must be | 24 | | documented in the medical record. The documentation | 25 | | must also include confirmation that the question in | 26 | | subparagraph (B) was asked of the survivor. |
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| 1 | | (E) The notification to law enforcement must be | 2 | | limited to the following information: | 3 | | (i) the date and time the sexual assault | 4 | | survivor presented for treatment; | 5 | | (ii) the nature of the criminal offense; | 6 | | (iii) the municipality, township, or county | 7 | | where the criminal offense occurred; | 8 | | (iv) when necessary to prevent serious and | 9 | | imminent physical harm to others, information that | 10 | | identifies a perpetrator who poses a serious and | 11 | | imminent threat to an identifiable group or | 12 | | individual other than the victim; | 13 | | (v) when applicable, the unique sexual assault | 14 | | evidence kit identification number; and | 15 | | (vi) additional information and details about | 16 | | the criminal offense or the sexual assault | 17 | | survivor that the sexual assault survivor gives | 18 | | consent to be given, and this consent must be | 19 | | documented in the medical record. | 20 | | (F) Nothing in this subsection permits a delay in | 21 | | notification to law enforcement when a patient admits | 22 | | to committing a violent crime. | 23 | | (G) Nothing in this subsection permits a delay in | 24 | | notification to law enforcement when a sexual assault | 25 | | survivor is admitted or treated for an injury due to | 26 | | discharge of a firearm or life-threatening injuries. |
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| 1 | | Notification related to the sexual assault shall | 2 | | otherwise meet the requirements of this subsection.
| 3 | | (H) Nothing in this subsection changes the | 4 | | obligations of mandated reporters under the Abused and | 5 | | Neglected Child Reporting Act, the Adult Protective | 6 | | Services Act, and the Abused and Neglected Long Term | 7 | | Care Facility Residents Reporting Act, and nothing in | 8 | | this subsection requires a delay in notification of | 9 | | law enforcement by the Department of Children and | 10 | | Family Services, Adult Protective Services, or any | 11 | | other agency receiving a mandated report. | 12 | | Any hospital, physician or nurse shall be forever held | 13 | | harmless from
any civil liability for their reasonable | 14 | | compliance with the provisions of
this Section. | 15 | | (b) Notwithstanding subsection (a), nothing in this
| 16 | | Section shall be construed to require the reporting of lawful
| 17 | | health care activity, whether such activity may constitute a
| 18 | | violation of another state's law. | 19 | | (c) As used in this Section: | 20 | | "Law enforcement agency having jurisdiction" and "sexual | 21 | | assault survivor" have the meanings given to those terms in | 22 | | Section 1a of the Sexual Assault Survivors Emergency Treatment | 23 | | Act. | 24 | | "Lawful health care" means: | 25 | | (1) reproductive health care that is not unlawful | 26 | | under the laws of this State, including on any theory of |
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| 1 | | vicarious, joint, several, or conspiracy liability; or | 2 | | (2) the treatment of gender dysphoria or the | 3 | | affirmation of an individual's gender identity or gender | 4 | | expression, including but not limited to, all supplies, | 5 | | care, and services of a medical, behavioral health, mental | 6 | | health, surgical, psychiatric, therapeutic, diagnostic, | 7 | | preventative, rehabilitative, or supportive nature that is | 8 | | not unlawful under the laws of this State, including on | 9 | | any theory of vicarious, joint, several, or conspiracy | 10 | | liability.
| 11 | | "Lawful health care activity" means seeking, providing,
| 12 | | receiving, assisting in seeking, providing, or receiving,
| 13 | | providing material support for, or traveling to obtain lawful
| 14 | | health care. | 15 | | (Source: P.A. 102-1117, eff. 1-13-23.)
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