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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; -2- LRB9111275MWpc 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 ageOnly the minor's parent or legal guardian can sign for20release of evidence and information concerning the alleged21sexual 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 -5- LRB9111275MWpc 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.