State of Illinois
91st General Assembly
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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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