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91_HB3113ham003
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1 AMENDMENT TO HOUSE BILL 3113
2 AMENDMENT NO. . Amend House Bill 3113, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Sexual Assault Survivors Emergency
6 Treatment Act is amended by changing Sections 5 and 6.4 as
7 follows:
8 (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
9 Sec. 5. Minimum requirements for hospitals providing
10 emergency service to sexual assault survivors. (a) Every
11 hospital providing emergency hospital services to an alleged
12 sexual assault survivor under this Act shall, as minimum
13 requirements for such services, provide, with the consent of
14 the alleged sexual assault survivor, and as ordered by the
15 attending physician, the following:
16 (1) appropriate medical examinations and laboratory
17 tests required to ensure the health, safety, and welfare of
18 an alleged sexual assault survivor or which may be used as
19 evidence in a criminal proceeding against a person accused of
20 the sexual assault, or both; and records of the results of
21 such examinations and tests shall be maintained by the
22 hospital and made available to law enforcement officials upon
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1 the request of the alleged sexual assault survivor;
2 (2) appropriate oral and written information concerning
3 the possibility of infection, sexually transmitted disease
4 and pregnancy resulting from sexual assault;
5 (3) appropriate oral and written information concerning
6 accepted medical procedures, medication, and possible
7 contraindications of such medication available for the
8 prevention or treatment of infection or disease resulting
9 from sexual assault;
10 (4) such medication as deemed appropriate by the
11 attending physician;
12 (5) a blood test to determine the presence or absence of
13 sexually transmitted disease;
14 (6) written and oral instructions indicating the need
15 for a second blood test 6 weeks after the sexual assault to
16 determine the presence or absence of sexually transmitted
17 disease; and
18 (7) appropriate counseling as determined by the
19 hospital, by trained personnel designated by the hospital.
20 (b) Any minor who is an alleged survivor of sexual
21 assault who seeks emergency services under this Act shall be
22 provided such services without the consent of the parent,
23 guardian or custodian of the minor. Only the minor's parent
24 or legal guardian can sign for release of evidence and
25 information concerning the alleged sexual assault.
26 (Source: P.A. 85-577.)
27 (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
28 Sec. 6.4. Sexual assault evidence collection program.
29 (a) There is created a statewide sexual assault evidence
30 collection program to facilitate the prosecution of persons
31 accused of sexual assault. This program shall be
32 administered by the Illinois State Police. The program shall
33 consist of the following: (1) distribution of sexual assault
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1 evidence collection kits which have been approved by the
2 Illinois State Police to hospitals that request them, or
3 arranging for such distribution by the manufacturer of the
4 kits, (2) collection of the kits from hospitals after the
5 kits have been used to collect evidence, (3) analysis of the
6 collected evidence and conducting of laboratory tests, and
7 (4) maintaining the chain of custody and safekeeping of the
8 evidence for use in a legal proceeding. The standardized
9 evidence collection kit for the State of Illinois shall be
10 the State Police Evidence Collection Kit, also known as
11 "S.P.E.C.K.". A sexual assault evidence collection kit may
12 not be released by a hospital without the written consent of
13 the sexual assault survivor. In the case of a survivor who
14 is a minor 13 years of age or older, evidence and information
15 concerning the alleged sexual assault may be released at the
16 written request of the minor. If the survivor is a minor who
17 is under 13 years of age, evidence and information concerning
18 the alleged sexual assault may be released at the written
19 request of the parent, guardian, investigating law
20 enforcement officer, or Department of Children and Family
21 Services. Any health care professional, including any
22 physician or nurse, and any health care institution,
23 including any hospital, who provides evidence or information
24 to a law enforcement officer pursuant to a written request as
25 specified in this Section is immune from any civil or
26 professional liability that might arise from those actions,
27 with the exception of willful or wanton misconduct. The
28 immunity provision applies only if all of the requirements of
29 this Section are met. A sexual assault evidence collection
30 kit may not be released by a hospital without the written
31 consent of the sexual assault survivor or, in the case of a
32 minor, the written consent of the minor's parent or legal
33 guardian.
34 (b) The Illinois State Police shall administer a program
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1 to train hospitals and hospital personnel participating in
2 the sexual assault evidence collection program, in the
3 correct use and application of the sexual assault evidence
4 collection kits. The Department of Public Health shall
5 cooperate with the Illinois State Police in this program as
6 it pertains to medical aspects of the evidence collection.
7 (Source: P.A. 89-246, eff. 8-4-95; 89-507, eff. 7-1-97;
8 90-587, eff. 7-1-98.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.".