Illinois Compiled Statutes
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410 ILCS 70/6.5-1
(410 ILCS 70/6.5-1)
(Section scheduled to be repealed on December 31, 2023)
Written consent to the release of sexual assault evidence for testing.
(a) Upon the completion of medical forensic services, the health care professional providing the medical forensic services shall provide the patient the opportunity to sign a written consent to allow law enforcement to submit the sexual assault evidence for testing, if collected. The written consent shall be on a form included in the sexual assault evidence collection kit and posted on the Illinois State Police website. The consent form shall include whether the survivor consents to the release of information about the sexual assault to law enforcement.
(1) A survivor 13 years of age or older may sign the
written consent to release the evidence for testing.
(2) If the survivor is a minor who is under 13 years
of age, the written consent to release the sexual assault evidence for testing may be signed by the parent, guardian, investigating law enforcement officer, or Department of Children and Family Services.
(3) If the survivor is an adult who has a guardian of
the person, a health care surrogate, or an agent acting under a health care power of attorney, the consent of the guardian, surrogate, or agent is not required to release evidence and information concerning the sexual assault or sexual abuse. If the adult is unable to provide consent for the release of evidence and information and a guardian, surrogate, or agent under a health care power of attorney is unavailable or unwilling to release the information, then an investigating law enforcement officer may authorize the release.
(4) Any health care professional or health care
institution, including any hospital, approved pediatric health care facility, or approved federally qualified health center, who provides evidence or information to a law enforcement officer under a written consent as specified in this Section is immune from any civil or professional liability that might arise from those actions, with the exception of willful or wanton misconduct. The immunity provision applies only if all of the requirements of this Section are met.
(b) The hospital, approved pediatric health care facility, or approved federally qualified health center shall keep a copy of a signed or unsigned written consent form in the patient's medical record.
(c) If a written consent to allow law enforcement to hold the sexual assault evidence is signed at the completion of
medical forensic services, the hospital, approved pediatric health care facility, or approved federally qualified health center shall include the following information in its discharge instructions:
(1) the sexual assault evidence will be stored for 10
years from the completion of an Illinois State Police Sexual Assault Evidence Collection Kit, or 10 years from the age of 18 years, whichever is longer;
(2) A person authorized to consent to the testing of
the sexual assault evidence may sign a written consent to allow law enforcement to test the sexual assault evidence at any time during that 10-year period for an adult victim, or until a minor victim turns 28 years of age by (A) contacting the law enforcement agency having jurisdiction, or if unknown, the law enforcement agency contacted by the hospital, approved pediatric health care facility, or approved federally qualified health center under Section 3.2 of the Criminal Identification Act; or (B) by working with an advocate at a rape crisis center;
(3) the name, address, and phone number of the law
enforcement agency having jurisdiction, or if unknown the name, address, and phone number of the law enforcement agency contacted by the hospital or approved pediatric health care facility under Section 3.2 of the Criminal Identification Act; and
(4) the name and phone number of a local rape crisis
(d) This Section is repealed on December 31, 2023.
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.)