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Public Act 91-0888
HB1785 Enrolled LRB9105508RCks
AN ACT concerning evidence.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Sections 5 and 6.4 as
follows:
(410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
Sec. 5. Minimum requirements for hospitals providing
emergency service to sexual assault survivors.
(a) Every hospital providing emergency hospital services
to an alleged sexual assault survivor under this Act shall,
as minimum requirements for such services, provide, with the
consent of the alleged sexual assault survivor, and as
ordered by the attending physician, the following:
(1) appropriate medical examinations and laboratory
tests required to ensure the health, safety, and welfare
of an alleged sexual assault survivor or which may be
used as evidence in a criminal proceeding against a
person accused of the sexual assault, or both; and
records of the results of such examinations and tests
shall be maintained by the hospital and made available to
law enforcement officials upon the request of the alleged
sexual assault survivor;
(2) appropriate oral and written information
concerning the possibility of infection, sexually
transmitted disease and pregnancy resulting from sexual
assault;
(3) appropriate oral and written information
concerning accepted medical procedures, medication, and
possible contraindications of such medication available
for the prevention or treatment of infection or disease
resulting from sexual assault;
(4) such medication as deemed appropriate by the
attending physician;
(5) a blood test to determine the presence or
absence of sexually transmitted disease;
(6) written and oral instructions indicating the
need for a second blood test 6 weeks after the sexual
assault to determine the presence or absence of sexually
transmitted disease; and
(7) appropriate counseling as determined by the
hospital, by trained personnel designated by the
hospital.
(b) Any minor who is an alleged survivor of sexual
assault who seeks emergency services under this Act shall be
provided such services without the consent of the parent,
guardian or custodian of the minor. Only the minor's parent
or legal guardian can sign for release of evidence and
information concerning the alleged sexual assault.
(Source: P.A. 85-577.)
(410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
Sec. 6.4. Sexual assault evidence collection program.
(a) There is created a statewide sexual assault evidence
collection program to facilitate the prosecution of persons
accused of sexual assault. This program shall be
administered by the Illinois State Police. The program shall
consist of the following: (1) distribution of sexual assault
evidence collection kits which have been approved by the
Illinois State Police to hospitals that request them, or
arranging for such distribution by the manufacturer of the
kits, (2) collection of the kits from hospitals after the
kits have been used to collect evidence, (3) analysis of the
collected evidence and conducting of laboratory tests, and
(4) maintaining the chain of custody and safekeeping of the
evidence for use in a legal proceeding. The standardized
evidence collection kit for the State of Illinois shall be
the State Police Evidence Collection Kit, also known as
"S.P.E.C.K.". A sexual assault evidence collection kit may
not be released by a hospital without the written consent of
the sexual assault survivor. In the case of a survivor who
is a minor 13 years of age or older, evidence and information
concerning the alleged sexual assault may be released at the
written request of the minor. If the survivor is a minor who
is under 13 years of age, evidence and information concerning
the alleged sexual assault may be released at the written
request of the parent, guardian, investigating law
enforcement officer, or Department of Children and Family
Services. Any health care professional, including any
physician or nurse, and any health care institution,
including any hospital, who provides evidence or information
to a law enforcement officer pursuant to a written request 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. A sexual assault evidence collection
kit may not be released by a hospital without the written
consent of the sexual assault survivor or, in the case of a
minor, the written consent of the minor's parent or legal
guardian.
(b) The Illinois State Police shall administer a program
to train hospitals and hospital personnel participating in
the sexual assault evidence collection program, in the
correct use and application of the sexual assault evidence
collection kits. The Department of Public Health shall
cooperate with the Illinois State Police in this program as
it pertains to medical aspects of the evidence collection.
(Source: P.A. 89-246, eff. 8-4-95; 89-507, eff. 7-1-97;
90-587, eff. 7-1-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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