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91_HB1785enr HB1785 Enrolled LRB9105508RCks 1 AN ACT concerning evidence. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Sexual Assault Survivors Emergency 5 Treatment Act is amended by changing Sections 5 and 6.4 as 6 follows: 7 (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5) 8 Sec. 5. Minimum requirements for hospitals providing 9 emergency service to sexual assault survivors. 10 (a) Every hospital providing emergency hospital services 11 to an alleged sexual assault survivor under this Act shall, 12 as minimum requirements for such services, provide, with the 13 consent of the alleged sexual assault survivor, and as 14 ordered by the attending physician, the following: 15 (1) appropriate medical examinations and laboratory 16 tests required to ensure the health, safety, and welfare 17 of an alleged sexual assault survivor or which may be 18 used as evidence in a criminal proceeding against a 19 person accused of the sexual assault, or both; and 20 records of the results of such examinations and tests 21 shall be maintained by the hospital and made available to 22 law enforcement officials upon the request of the alleged 23 sexual assault survivor; 24 (2) appropriate oral and written information 25 concerning the possibility of infection, sexually 26 transmitted disease and pregnancy resulting from sexual 27 assault; 28 (3) appropriate oral and written information 29 concerning accepted medical procedures, medication, and 30 possible contraindications of such medication available 31 for the prevention or treatment of infection or disease HB1785 Enrolled -2- LRB9105508RCks 1 resulting from sexual assault; 2 (4) such medication as deemed appropriate by the 3 attending physician; 4 (5) a blood test to determine the presence or 5 absence of sexually transmitted disease; 6 (6) written and oral instructions indicating the 7 need for a second blood test 6 weeks after the sexual 8 assault to determine the presence or absence of sexually 9 transmitted disease; and 10 (7) appropriate counseling as determined by the 11 hospital, by trained personnel designated by the 12 hospital. 13 (b) Any minor who is an alleged survivor of sexual 14 assault who seeks emergency services under this Act shall be 15 provided such services without the consent of the parent, 16 guardian or custodian of the minor.Only the minor's parent17or legal guardian can sign for release of evidence and18information concerning the alleged sexual assault.19 (Source: P.A. 85-577.) 20 (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4) 21 Sec. 6.4. Sexual assault evidence collection program. 22 (a) There is created a statewide sexual assault evidence 23 collection program to facilitate the prosecution of persons 24 accused of sexual assault. This program shall be 25 administered by the Illinois State Police. The program shall 26 consist of the following: (1) distribution of sexual assault 27 evidence collection kits which have been approved by the 28 Illinois State Police to hospitals that request them, or 29 arranging for such distribution by the manufacturer of the 30 kits, (2) collection of the kits from hospitals after the 31 kits have been used to collect evidence, (3) analysis of the 32 collected evidence and conducting of laboratory tests, and 33 (4) maintaining the chain of custody and safekeeping of the HB1785 Enrolled -3- LRB9105508RCks 1 evidence for use in a legal proceeding. The standardized 2 evidence collection kit for the State of Illinois shall be 3 the State Police Evidence Collection Kit, also known as 4 "S.P.E.C.K.". A sexual assault evidence collection kit may 5 not be released by a hospital without the written consent of 6 the sexual assault survivor. In the case of a survivor who 7 is a minor 13 years of age or older, evidence and information 8 concerning the alleged sexual assault may be released at the 9 written request of the minor. If the survivor is a minor who 10 is under 13 years of age, evidence and information concerning 11 the alleged sexual assault may be released at the written 12 request of the parent, guardian, investigating law 13 enforcement officer, or Department of Children and Family 14 Services. Any health care professional, including any 15 physician or nurse, and any health care institution, 16 including any hospital, who provides evidence or information 17 to a law enforcement officer pursuant to a written request as 18 specified in this Section is immune from any civil or 19 professional liability that might arise from those actions, 20 with the exception of willful or wanton misconduct. The 21 immunity provision applies only if all of the requirements of 22 this Section are met.A sexual assault evidence collection23kit may not be released by a hospital without the written24consent of the sexual assault survivor or, in the case of a25minor, the written consent of the minor's parent or legal26guardian.27 (b) The Illinois State Police shall administer a program 28 to train hospitals and hospital personnel participating in 29 the sexual assault evidence collection program, in the 30 correct use and application of the sexual assault evidence 31 collection kits. The Department of Public Health shall 32 cooperate with the Illinois State Police in this program as 33 it pertains to medical aspects of the evidence collection. 34 (Source: P.A. 89-246, eff. 8-4-95; 89-507, eff. 7-1-97; HB1785 Enrolled -4- LRB9105508RCks 1 90-587, eff. 7-1-98.) 2 Section 99. Effective date. This Act takes effect upon 3 becoming law.