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92nd General Assembly

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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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