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Public Act 92-0514
HB3172 Re-Enrolled LRB9207251RCcdA
AN ACT in relation to criminal law.
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 Section 6.4 as follows:
(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, sexual assault nurse examiner, 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.
(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. A sexual assault nurse examiner may conduct
examinations using the sexual assault evidence collection
kits, without the presence or participation of a physician.
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.
(c) In this Section, "sexual assault nurse examiner"
means a registered nurse who has completed a sexual assault
nurse examiner (SANE) training program that meets the
Forensic Sexual Assault Nurse Examiner Education Guidelines
established by the International Association of Forensic
Nurses.
(Source: P.A. 90-587, eff. 7-1-98; 91-888, eff. 7-6-00.)
Section 99. Effective date. This Act takes effect
January 1, 2002.
Passed in the General Assembly May 03, 2001.
Governor Amendatory Veto July 27, 2001.
General Assembly Accepts Amendatory Veto November 28, 2001.
Returned to Governor for Certification December 12, 2001.
Governor Certifies Changes January 01, 2002.
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