State of Illinois
92^nd General Assembly
Legislation

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92_HB3172eng

 
HB3172 Engrossed                              LRB9207251RCcdA

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section   5.   The  Sexual  Assault  Survivors  Emergency
 5    Treatment Act is amended by changing Section 6.4 as follows:

 6        (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
 7        Sec. 6.4. Sexual assault evidence collection program.
 8        (a)  There is created a statewide sexual assault evidence
 9    collection program to facilitate the prosecution  of  persons
10    accused   of   sexual   assault.    This   program  shall  be
11    administered by the Illinois State Police.  The program shall
12    consist of the following:  (1) distribution of sexual assault
13    evidence collection kits which  have  been  approved  by  the
14    Illinois  State  Police  to  hospitals  that request them, or
15    arranging for such distribution by the  manufacturer  of  the
16    kits,  (2)  collection  of  the kits from hospitals after the
17    kits have been  used to collect evidence, (3) analysis of the
18    collected evidence and conducting of  laboratory  tests,  and
19    (4)  maintaining  the chain of custody and safekeeping of the
20    evidence for use in a  legal  proceeding.   The  standardized
21    evidence  collection  kit  for the State of Illinois shall be
22    the State Police  Evidence  Collection  Kit,  also  known  as
23    "S.P.E.C.K.".  A  sexual  assault evidence collection kit may
24    not be released by a hospital without the written consent  of
25    the  sexual  assault survivor.  In the case of a survivor who
26    is a minor 13 years of age or older, evidence and information
27    concerning  the alleged sexual assault may be released at the
28    written request of the minor. If the survivor is a minor  who
29    is under 13 years of age, evidence and information concerning
30    the  alleged  sexual  assault  may be released at the written
31    request  of   the   parent,   guardian,   investigating   law
 
HB3172 Engrossed            -2-               LRB9207251RCcdA
 1    enforcement  officer,  or  Department  of Children and Family
 2    Services.  Any  health  care  professional,   including   any
 3    physician  or  nurse,  sexual assault nurse examiner, and any
 4    health care institution, including any hospital, who provides
 5    evidence or information to a law enforcement officer pursuant
 6    to a written request as specified in this Section  is  immune
 7    from  any  civil  or  professional liability that might arise
 8    from those actions, with the exception of willful  or  wanton
 9    misconduct.   The  immunity  provision applies only if all of
10    the requirements of this Section are met.
11        (b)  The Illinois State Police shall administer a program
12    to train hospitals and hospital  personnel  participating  in
13    the  sexual  assault  evidence  collection  program,  in  the
14    correct  use  and  application of the sexual assault evidence
15    collection  kits.   A  sexual  assault  nurse   examiner   is
16    competent  to  conduct  examinations using the sexual assault
17    evidence collection kits.  The Department  of  Public  Health
18    shall  cooperate  with  the  Illinois  State  Police  in this
19    program as it pertains to medical  aspects  of  the  evidence
20    collection.
21        (c)  In  this  Section,  "sexual  assault nurse examiner"
22    means a registered nurse who has completed a  sexual  assault
23    nurse   examiner  (SANE)  training  program  that  meets  the
24    Forensic Sexual Assault Nurse Examiner  Education  Guidelines
25    established  by  the  International  Association  of Forensic
26    Nurses.
27    (Source: P.A. 90-587, eff. 7-1-98; 91-888, eff. 7-6-00.)

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