Full Text of SB0333 103rd General Assembly
SB0333sam001 103RD GENERAL ASSEMBLY | Sen. David Koehler Filed: 3/24/2023
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| 1 | | AMENDMENT TO SENATE BILL 333
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 333 by replacing | 3 | | everything after the enacting clause with the following:
| 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 |
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| 1 | | victim of a
criminal offense ; or . | 2 | | (3) any injury sustained as a victim of a criminal | 3 | | offense. | 4 | | (a-5) Except when it reasonably appears that the person | 5 | | requesting treatment is a sexual assault survivor, a person | 6 | | conducting or operating a medical facility, or a physician or | 7 | | nurse at the medical facility, must notify the local law | 8 | | enforcement as follows: | 9 | | (1) If a sexual assault survivor consents to | 10 | | notification being made, local law enforcement must be | 11 | | notified as soon as treatment permits. If the sexual | 12 | | assault or sexual abuse occurred in another jurisdiction, | 13 | | the law enforcement officer taking the report must submit | 14 | | the report to the law enforcement agency having | 15 | | jurisdiction as provided in subsection (c) of Section 20 | 16 | | of the Sexual Assault Incident Procedure Act. | 17 | | (2) If after being advised of options for notification | 18 | | by a health care provider in a manner that ensures that the | 19 | | decision is not made under duress or as a result of | 20 | | influence from a third party, a sexual assault survivor | 21 | | does not consent to notification being made as soon as | 22 | | treatment permits, notification to the law enforcement | 23 | | agency having jurisdiction must be delayed until after the | 24 | | sexual assault survivor leaves the outpatient treatment | 25 | | location, but no later than 24 hours after the sexual | 26 | | assault survivor leaves. If the law enforcement agency |
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| 1 | | having jurisdiction cannot be reasonably determined, then | 2 | | notification shall be made to the local law enforcement | 3 | | agency of the medical facility. This requirement to delay | 4 | | notifying law enforcement does not change the obligations | 5 | | of mandated reporters under the Abused and Neglected Child | 6 | | Reporting Act, the Adult Protective Services Act, or the | 7 | | Abused and Neglected Long Term Care Facility Residents | 8 | | Reporting Act. | 9 | | (3) If a sexual assault survivor does not consent to | 10 | | notification being made as soon as treatment permits and | 11 | | only consents to the collection and storage of evidence, | 12 | | the person conducting or operating a medical facility, or | 13 | | a physician or nurse at the medical facility, must make | 14 | | the notification in accordance with Section 6.6 or 6.6-1 | 15 | | of the Sexual Assault Survivors Emergency Treatment Act. | 16 | | Law enforcement may not be given any personal identifying | 17 | | information for the sexual assault survivor other than | 18 | | using the unique sexual assault evidence kit | 19 | | identification number assigned to the Illinois State | 20 | | Police evidence collection kit or the sexual assault | 21 | | survivor's medical record number. The medical facility, | 22 | | physician, or nurse must record the unique sexual assault | 23 | | evidence kit identification number in the medical record, | 24 | | if one exists, and shall provide the number to the sexual | 25 | | assault survivor or the sexual assault survivor's designee | 26 | | at the time of treatment and later at the request of the |
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| 1 | | sexual assault survivor or their designee. | 2 | | (4) The sexual assault survivor's decision regarding | 3 | | notification of law enforcement must be documented in the | 4 | | medical record. The documentation must also affirm that | 5 | | the sexual assault survivor's decision was made | 6 | | independently and not under duress or as a result of | 7 | | influence of a third party. | 8 | | (5) The notification to law enforcement must be | 9 | | limited to the following information: | 10 | | (A) the date and time the sexual assault survivor | 11 | | presented for treatment; | 12 | | (B) the nature of the criminal offense; | 13 | | (C) the municipality, township, or county where | 14 | | the criminal offense occurred; | 15 | | (D) when necessary to prevent serious and imminent | 16 | | physical harm to others, information that identifies a | 17 | | perpetrator who poses a serious and imminent threat to | 18 | | an identifiable group or individual other than the | 19 | | victim; | 20 | | (E) when applicable, the unique sexual assault | 21 | | evidence kit identification number; and | 22 | | (F) additional information and details about the | 23 | | criminal offense or the sexual assault survivor that | 24 | | the sexual assault survivor gives consent to be given, | 25 | | and this consent must be documented in the medical | 26 | | record. |
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| 1 | | (6) When a sexual assault survivor arrives at the | 2 | | medical facility unconscious, as soon as treatment | 3 | | permits, the health care provider shall make at least 2 | 4 | | attempts to contact a surrogate decision maker, as defined | 5 | | by the Health Care Surrogate Act. If no surrogate decision | 6 | | maker responds and the survivor remains unconscious, the | 7 | | medical facility, physician, or nurse shall notify law | 8 | | enforcement. | 9 | | (7) Nothing in this subsection permits a delay in | 10 | | notification to law enforcement when a patient admits to | 11 | | committing a violent crime. | 12 | | (8) Nothing in this subsection permits a delay in | 13 | | notification to law enforcement when a sexual assault | 14 | | survivor is admitted or treated for an injury due to | 15 | | discharge of a firearm or life-threatening injuries. | 16 | | Notification related to the sexual assault shall otherwise | 17 | | meet the requirements of this subsection.
| 18 | | (9) Nothing in this subsection changes the obligations | 19 | | of mandated reporters under the Abused and Neglected Child | 20 | | Reporting Act, the Adult Protective Services Act, and the | 21 | | Abused and Neglected Long Term Care Facility Residents | 22 | | Reporting Act, and nothing in this subsection requires a | 23 | | delay in notification of law enforcement by the Department | 24 | | of Children and Family Services, Adult Protective | 25 | | Services, or any other agency receiving a mandated report. | 26 | | Any hospital, physician or nurse shall be forever held |
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| 1 | | harmless from
any civil liability for their reasonable | 2 | | compliance with the provisions of
this Section. | 3 | | (b) Notwithstanding subsection (a), nothing in this
| 4 | | Section shall be construed to require the reporting of lawful
| 5 | | health care activity, whether such activity may constitute a
| 6 | | violation of another state's law. | 7 | | (c) As used in this Section: | 8 | | "Law enforcement agency having jurisdiction" and "sexual | 9 | | assault survivor" have the meanings given to those terms in | 10 | | Section 1a of the Sexual Assault Survivors Emergency Treatment | 11 | | Act. | 12 | | "Lawful health care" means: | 13 | | (1) reproductive health care that is not unlawful | 14 | | under the laws of this State, including on any theory of | 15 | | vicarious, joint, several, or conspiracy liability; or | 16 | | (2) the treatment of gender dysphoria or the | 17 | | affirmation of an individual's gender identity or gender | 18 | | expression, including but not limited to, all supplies, | 19 | | care, and services of a medical, behavioral health, mental | 20 | | health, surgical, psychiatric, therapeutic, diagnostic, | 21 | | preventative, rehabilitative, or supportive nature that is | 22 | | not unlawful under the laws of this State, including on | 23 | | any theory of vicarious, joint, several, or conspiracy | 24 | | liability.
| 25 | | "Lawful health care activity" means seeking, providing,
| 26 | | receiving, assisting in seeking, providing, or receiving,
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| 1 | | providing material support for, or traveling to obtain lawful
| 2 | | health care. | 3 | | (Source: P.A. 102-1117, eff. 1-13-23.)".
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