State of Illinois
91st General Assembly
Legislation

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91_HB3113

 
                                               LRB9111275MWpc

 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 Section 5 as follows:

 6        (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
 7        Sec.  5.   Minimum  requirements  for hospitals providing
 8    emergency service to sexual assault survivors.
 9        (a)  Every hospital providing emergency hospital services
10    to an alleged sexual assault survivor under this  Act  shall,
11    as  minimum requirements for such services, provide, with the
12    consent of  the  alleged  sexual  assault  survivor,  and  as
13    ordered by the attending physician, the following:
14             (1)  appropriate medical examinations and laboratory
15        tests  required to ensure the health, safety, and welfare
16        of an alleged sexual assault survivor  or  which  may  be
17        used  as  evidence  in  a  criminal  proceeding against a
18        person accused  of  the  sexual  assault,  or  both;  and
19        records  of  the  results  of such examinations and tests
20        shall be maintained by the hospital and made available to
21        law enforcement officials upon the request of the alleged
22        sexual assault survivor;
23             (2)  appropriate  oral   and   written   information
24        concerning   the   possibility   of  infection,  sexually
25        transmitted disease and pregnancy resulting  from  sexual
26        assault;
27             (3)  appropriate   oral   and   written  information
28        concerning accepted medical procedures,  medication,  and
29        possible  contraindications  of such medication available
30        for the prevention or treatment of infection  or  disease
31        resulting from sexual assault;
 
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 1             (4)  such  medication  as  deemed appropriate by the
 2        attending physician;
 3             (5)  a blood  test  to  determine  the  presence  or
 4        absence of sexually transmitted disease;
 5             (6)  written  and  oral  instructions indicating the
 6        need for a second blood test 6  weeks  after  the  sexual
 7        assault  to determine the presence or absence of sexually
 8        transmitted disease; and
 9             (7)  appropriate counseling  as  determined  by  the
10        hospital,   by   trained   personnel  designated  by  the
11        hospital.
12        (b)  Any minor who  is  an  alleged  survivor  of  sexual
13    assault  who seeks emergency services under this Act shall be
14    provided such services without the  consent  of  the  parent,
15    guardian  or custodian of the minor. Evidence and information
16    concerning the alleged sexual assault may be released at  the
17    request of the minor if the minor is 13 years of age or older
18    or  by the attending physician if the minor is under 13 years
19    of age Only the minor's parent or legal guardian can sign for
20    release of evidence and information  concerning  the  alleged
21    sexual assault.
22    (Source: P.A. 85-577.)

23        Section 10.  The Juvenile Court Act of 1987 is amended by
24    adding Section 1-10.5 as follows:

25        (705 ILCS 405/1-10.5 new)
26        Sec. 1-10.5.  Laboratory reports.
27        (a)  In any proceeding under the provisions of Article IV
28    concerning  addicted  minors  or for a violation of any State
29    law  relating  to  controlled  substances  or   cannabis,   a
30    laboratory  report  from  the  Department  of  State  Police,
31    Division of Forensic Services, that is signed and sworn to by
32    the  person  performing  an analysis and that states (1) that
 
                            -3-                LRB9111275MWpc
 1    the substance that is the basis of the alleged violation  has
 2    been  weighed  and  analyzed, (2) the person's findings as to
 3    the contents, weight and identity of the substance,  and  (3)
 4    that  it  contains  any  amount  of a controlled substance or
 5    cannabis is prima facie evidence of  the  contents,  identity
 6    and  weight  of  the  substance.  This report of the evidence
 7    submitted to the laboratory may be based on  Random  Sampling
 8    Under   Normal   Theory  and  Hypergeometric  Sampling,  both
 9    scientifically acceptable methods of determining  net  weight
10    and  population  content  of  the  controlled  substances and
11    cannabis.  Attached to the  report  shall  be  a  copy  of  a
12    notarized  statement  by  the signer of the report giving the
13    name of the signer and stating (i)  that  he  or  she  is  an
14    employee  of  the  Department  of  State  Police, Division of
15    Forensic  Services,  (ii)  the  name  and  location  of   the
16    laboratory  where  the  analysis  was  performed,  (iii) that
17    performing the analysis is a  part  of  his  or  her  regular
18    duties,  and  (iv) that the signer is qualified by education,
19    training, and experience to perform the analysis.  The signer
20    shall also allege that  scientifically  accepted  tests  were
21    performed  with due caution and that the evidence was handled
22    in accordance with established and accepted procedures  while
23    in the custody of the laboratory.
24        (b)  The  State's  Attorney  shall  serve  a  copy of the
25    report on the attorney of record for the accused, or  on  the
26    accused  if  he or she has no attorney, before any proceeding
27    in which the report is to be used against the  accused  other
28    than  at  a  preliminary  hearing when the report may be used
29    without having been previously served upon the accused.

30        Section  15.  The Code of Criminal Procedure of  1963  is
31    amended by changing Section 115-15 as follows:

32        (725 ILCS 5/115-15)
 
                            -4-                LRB9111275MWpc
 1        Sec. 115-15.  Laboratory reports.
 2        (a)  In  any  criminal  prosecution  for  a  violation of
 3    either the Cannabis Control Act or  the  Illinois  Controlled
 4    Substances  Act,  a  laboratory report from the Department of
 5    State Police, Division of Forensic Services, that  is  signed
 6    and  sworn  to  by the person performing an analysis and that
 7    states (1) that the  substance  that  is  the  basis  of  the
 8    alleged  violation has been weighed and analyzed, and (2) the
 9    person's findings as to the contents, weight and identity  of
10    the  substance,  and  (3)  that  it  contains any amount of a
11    controlled substance or cannabis is prima facie  evidence  of
12    the  contents,  identity  and  weight  of the substance. This
13    report of the evidence submitted to  the  laboratory  may  be
14    based   on   Random   Sampling   Under   Normal   Theory  and
15    Hypergeometric  Sampling,  both   scientifically   acceptable
16    methods  of determining the net weight and population content
17    of controlled substances and cannabis. Attached to the report
18    shall be a copy of a notarized statement by the signer of the
19    report giving the name of the signer and stating (i) that  he
20    or  she  is  an  employee  of the Department of State Police,
21    Division of Forensic Services, (ii) the name and location  of
22    the  laboratory  where the analysis was performed, (iii) that
23    performing the analysis is a  part  of  his  or  her  regular
24    duties,  and  (iv) that the signer is qualified by education,
25    training and experience to perform the analysis.  The  signer
26    shall  also  allege  that  scientifically accepted tests were
27    performed with due caution and that the evidence was  handled
28    in  accordance with established and accepted procedures while
29    in the custody of the laboratory.
30        (a-5)  In any criminal prosecution for reckless  homicide
31    under  Section  9-3  of  the Criminal Code of 1961 or driving
32    under the influence of alcohol, other drug, or combination of
33    both, in violation of Section 11-501 of the Illinois  Vehicle
34    Code  or  in  any civil action held under a statutory summary
 
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 1    suspension hearing  under Section  2-118.1  of  the  Illinois
 2    Vehicle  Code,  a  laboratory  report  from the Department of
 3    State Police, Division of Forensic Services, that  is  signed
 4    and  sworn  to by the person performing an analysis, and that
 5    states that the sample of  blood  or  urine  was  tested  for
 6    alcohol  or  drugs,  and contains the person's findings as to
 7    the presence and amount of alcohol or drugs and type of  drug
 8    is  prima facie evidence of the presence, content, and amount
 9    of the alcohol or drugs  analyzed  in  the  blood  or  urine.
10    Attached  to  the  report  must  be  a  copy  of  a notarized
11    statement by the signer of the report giving the name of  the
12    signer  and  stating (1) that he or she is an employee of the
13    Department of State Police, Division  of  Forensic  Services,
14    (2)  the  name  and  location  of  the  laboratory  where the
15    analysis was performed, (3) that performing the analysis is a
16    part of his or her regular duties, (4)  that  the  signer  is
17    qualified  by  education, training, and experience to perform
18    the analysis, and (5) that scientifically accepted tests were
19    performed with due caution and that the evidence was  handled
20    in  accordance with established and accepted procedures while
21    in the custody of the laboratory.
22        (b)  The State's Attorney  shall  serve  a  copy  of  the
23    report  on  the attorney of record for the accused, or on the
24    accused if he or she has no attorney, before  any  proceeding
25    in  which  the report is to be used against the accused other
26    than at a preliminary hearing or grand jury hearing when  the
27    report may be used without having been previously served upon
28    the accused.
29        (c)  The  report shall not be prima facie evidence if the
30    accused or his or her attorney demands the testimony  of  the
31    person  signing  the  report  by  serving the demand upon the
32    State's Attorney within 7 days from the accused or his or her
33    attorney's receipt of the report. This  subsection  (c)  does
34    not apply to proceedings under the Juvenile Court Act of 1987
 
                            -6-                LRB9111275MWpc
 1    pursuant to Article IV concerning addicted minors or pursuant
 2    to  Article V concerning delinquent minors for a violation of
 3    any State law related to controlled substances or cannabis.
 4    (Source: P.A. 90-130, eff. 1-1-98; 91-563, eff. 1-1-00.)

 5        Section 99.  Effective date.  This Act takes effect  upon
 6    becoming law.

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