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92_HB3172ham001
LRB9207251RCcdam
1 AMENDMENT TO HOUSE BILL 3172
2 AMENDMENT NO. . Amend House Bill 3172 as follows:
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Sexual Assault Survivors Emergency
6 Treatment Act is amended by changing Section 6.4 as follows:
7 (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
8 Sec. 6.4. Sexual assault evidence collection program.
9 (a) There is created a statewide sexual assault evidence
10 collection program to facilitate the prosecution of persons
11 accused of sexual assault. This program shall be
12 administered by the Illinois State Police. The program shall
13 consist of the following: (1) distribution of sexual assault
14 evidence collection kits which have been approved by the
15 Illinois State Police to hospitals that request them, or
16 arranging for such distribution by the manufacturer of the
17 kits, (2) collection of the kits from hospitals after the
18 kits have been used to collect evidence, (3) analysis of the
19 collected evidence and conducting of laboratory tests, and
20 (4) maintaining the chain of custody and safekeeping of the
21 evidence for use in a legal proceeding. The standardized
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1 evidence collection kit for the State of Illinois shall be
2 the State Police Evidence Collection Kit, also known as
3 "S.P.E.C.K.". A sexual assault evidence collection kit may
4 not be released by a hospital without the written consent of
5 the sexual assault survivor. In the case of a survivor who
6 is a minor 13 years of age or older, evidence and information
7 concerning the alleged sexual assault may be released at the
8 written request of the minor. If the survivor is a minor who
9 is under 13 years of age, evidence and information concerning
10 the alleged sexual assault may be released at the written
11 request of the parent, guardian, investigating law
12 enforcement officer, or Department of Children and Family
13 Services. Any health care professional, including any
14 physician or nurse, sexual assault nurse examiner, and any
15 health care institution, including any hospital, who provides
16 evidence or information to a law enforcement officer pursuant
17 to a written request as specified in this Section is immune
18 from any civil or professional liability that might arise
19 from those actions, with the exception of willful or wanton
20 misconduct. The immunity provision applies only if all of
21 the requirements of this Section are met.
22 (b) The Illinois State Police shall administer a program
23 to train hospitals and hospital personnel participating in
24 the sexual assault evidence collection program, in the
25 correct use and application of the sexual assault evidence
26 collection kits. A sexual assault nurse examiner is
27 competent to conduct examinations using the sexual assault
28 evidence collection kits. The Department of Public Health
29 shall cooperate with the Illinois State Police in this
30 program as it pertains to medical aspects of the evidence
31 collection.
32 (c) In this Section, "sexual assault nurse examiner"
33 means a registered nurse who has completed a sexual assault
34 nurse examiner (SANE) training program that meets the
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1 Forensic Sexual Assault Nurse Examiner Education Guidelines
2 established by the International Association of Forensic
3 Nurses.
4 (Source: P.A. 90-587, eff. 7-1-98; 91-888, eff. 7-6-00.)".