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Public Act 92-0081
SB1049 Enrolled LRB9208123ARsb
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
changing Section 12-18 as follows:
(720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
Sec. 12-18. General Provisions.
(a) No person accused of violating Sections 12-13,
12-14, 12-15 or 12-16 of this Code shall be presumed to be
incapable of committing an offense prohibited by Sections
12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code because of
age, physical condition or relationship to the victim, except
as otherwise provided in subsection (c) of this Section.
Nothing in this Section shall be construed to modify or
abrogate the affirmative defense of infancy under Section 6-1
of this Code or the provisions of Section 5-805 of the
Juvenile Court Act of 1987.
(b) Any medical examination or procedure which is
conducted by a physician, nurse, medical or hospital
personnel, parent, or caretaker for purposes and in a manner
consistent with reasonable medical standards is not an
offense under Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16
of this Code.
(c) Prosecution of a spouse of a victim under this
subsection for any violation by the victim's spouse of
Section 12-13, 12-14, 12-15 or 12-16 of this Code is barred
unless the victim reported such offense to a law enforcement
agency or the State's Attorney's office within 30 days after
the offense was committed, except when the court finds good
cause for the delay.
(d) In addition to the sentences provided for in
Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the
Criminal Code of 1961 the Court may order any person who is
convicted of violating any of those Sections to meet all or
any portion of the financial obligations of treatment,
including but not limited to medical, psychiatric,
rehabilitative or psychological treatment, prescribed for the
victim or victims of the offense.
(e) After a finding at a preliminary hearing that there
is probable cause to believe that an accused has committed a
violation of Section 12-13, 12-14, or 12-14.1 of this Code,
or after an indictment is returned charging an accused with a
violation of Section 12-13, 12-14, or 12-14.1 of this Code,
or after a finding that a defendant charged with a violation
of Section 12-13, 12-14, or 12-14.1 of this Code is unfit to
stand trial pursuant to Section 104-16 of the Code of
Criminal Procedure of 1963 where the finding is made prior to
preliminary hearing, at the request of the person who was the
victim of the violation of Section 12-13, 12-14, or 12-14.1,
the prosecuting State's attorney shall seek an order from the
court to compel the accused to be tested for any sexually
transmissible disease, including a test for infection with
human immunodeficiency virus (HIV). The medical tests test
shall be performed only by appropriately licensed medical
practitioners. The test for infection with human
immunodeficiency virus (HIV) , and shall consist of an
enzyme-linked immunosorbent assay (ELISA) test, or such other
test as may be approved by the Illinois Department of Public
Health; in the event of a positive result, the Western Blot
Assay or a more reliable confirmatory test shall be
administered. The results of the tests test shall be kept
strictly confidential by all medical personnel involved in
the testing and must be personally delivered in a sealed
envelope to the victim and to the judge who entered the
order, for the judge's inspection in camera. Acting in
accordance with the best interests of the victim and the
public, the judge shall have the discretion to determine to
whom, if anyone, the result of the testing may be revealed;
however, in no case shall the identity of the victim be
disclosed. The court shall order that the cost of the tests
test shall be paid by the county, and may be taxed as costs
against the accused if convicted.
(f) Whenever any law enforcement officer has reasonable
cause to believe that a person has been delivered a
controlled substance without his or her consent, the law
enforcement officer shall advise the victim about seeking
medical treatment and preserving evidence.
(g) Every hospital providing emergency hospital services
to an alleged sexual assault survivor, when there is
reasonable cause to believe that a person has been delivered
a controlled substance without his or her consent, shall
designate personnel to provide:
(1) An explanation to the victim about the nature
and effects of commonly used controlled substances and
how such controlled substances are administered.
(2) An offer to the victim of testing for the
presence of such controlled substances.
(3) A disclosure to the victim that all controlled
substances or alcohol ingested by the victim will be
disclosed by the test.
(4) A statement that the test is completely
voluntary.
(5) A form for written authorization for sample
analysis of all controlled substances and alcohol
ingested by the victim.
A physician licensed to practice medicine in all its
branches may agree to be a designated person under this
subsection.
No sample analysis may be performed unless the victim
returns a signed written authorization within 48 hours after
the sample was collected.
Any medical treatment or care under this subsection shall
be only in accordance with the order of a physician licensed
to practice medicine in all of its branches. Any testing
under this subsection shall be only in accordance with the
order of a licensed individual authorized to order the
testing.
(Source: P.A. 90-590, eff. 1-1-99; 90-735, eff. 8-11-98;
91-271, eff. 1-1-00; 91-357, eff. 7-29-99.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly April 26, 2001.
Approved July 12, 2001.
Effective July 12, 2001.
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