[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ House Amendment 003 ] |
91_HB3113ham001
LRB9111275MWgcam06
1 AMENDMENT TO HOUSE BILL 3113
2 AMENDMENT NO. . Amend House Bill 3113 by replacing
3 everything after the enacting clause with the following:
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. (a) Every
10 hospital providing emergency hospital services to an alleged
11 sexual assault survivor under this Act shall, as minimum
12 requirements for such services, provide, with the consent of
13 the alleged sexual assault survivor, and as ordered by the
14 attending physician, the following:
15 (1) appropriate medical examinations and laboratory
16 tests required to ensure the health, safety, and welfare of
17 an alleged sexual assault survivor or which may be used as
18 evidence in a criminal proceeding against a person accused of
19 the sexual assault, or both; and records of the results of
20 such examinations and tests shall be maintained by the
21 hospital and made available to law enforcement officials upon
22 the request of the alleged sexual assault survivor;
-2- LRB9111275MWgcam06
1 (2) appropriate oral and written information concerning
2 the possibility of infection, sexually transmitted disease
3 and pregnancy resulting from sexual assault;
4 (3) appropriate oral and written information concerning
5 accepted medical procedures, medication, and possible
6 contraindications of such medication available for the
7 prevention or treatment of infection or disease resulting
8 from sexual assault;
9 (4) such medication as deemed appropriate by the
10 attending physician;
11 (5) a blood test to determine the presence or absence of
12 sexually transmitted disease;
13 (6) written and oral instructions indicating the need
14 for a second blood test 6 weeks after the sexual assault to
15 determine the presence or absence of sexually transmitted
16 disease; and
17 (7) appropriate counseling as determined by the
18 hospital, by trained personnel designated by the hospital.
19 (b) Any minor who is an alleged survivor of sexual
20 assault who seeks emergency services under this Act shall be
21 provided such services without the consent of the parent,
22 guardian or custodian of the minor. Only the minor's parent
23 or legal guardian can sign for release of evidence and
24 information concerning the alleged sexual assault.
25 (Source: P.A. 85-577.)
26 (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
27 Sec. 6.4. Sexual assault evidence collection program.
28 (a) There is created a statewide sexual assault evidence
29 collection program to facilitate the prosecution of persons
30 accused of sexual assault. This program shall be
31 administered by the Illinois State Police. The program shall
32 consist of the following: (1) distribution of sexual assault
33 evidence collection kits which have been approved by the
-3- LRB9111275MWgcam06
1 Illinois State Police to hospitals that request them, or
2 arranging for such distribution by the manufacturer of the
3 kits, (2) collection of the kits from hospitals after the
4 kits have been used to collect evidence, (3) analysis of the
5 collected evidence and conducting of laboratory tests, and
6 (4) maintaining the chain of custody and safekeeping of the
7 evidence for use in a legal proceeding. The standardized
8 evidence collection kit for the State of Illinois shall be
9 the State Police Evidence Collection Kit, also known as
10 "S.P.E.C.K.". If the survivor is a minor who is 13 years of
11 age or older, evidence and information concerning the alleged
12 sexual assault may be released at the written request of the
13 minor. If the survivor is a minor who is under 13 years of
14 age, evidence and information concerning the alleged sexual
15 assault may be released at the written request of the parent,
16 guardian, investigating law enforcement officer, or
17 Department of Children and Family Services.
18 Any health care professional, including any physician or
19 nurse, and any health care institution, including any
20 hospital, who provides evidence or information to a law
21 enforcement officer pursuant to this Section is immune from
22 any civil or professional liability that might arise from
23 those actions, with the exception of willful or wanton
24 misconduct. A sexual assault evidence collection kit may not
25 be released by a hospital without the written consent of the
26 sexual assault survivor or, in the case of a minor, the
27 written consent of the minor's parent or legal guardian.
28 (b) The Illinois State Police shall administer a program
29 to train hospitals and hospital personnel participating in
30 the sexual assault evidence collection program, in the
31 correct use and application of the sexual assault evidence
32 collection kits. The Department of Public Health shall
33 cooperate with the Illinois State Police in this program as
34 it pertains to medical aspects of the evidence collection.
-4- LRB9111275MWgcam06
1 (Source: P.A. 89-246, eff. 8-4-95; 89-507, eff. 7-1-97;
2 90-587, eff. 7-1-98.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.".