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91_SB0542eng SB542 Engrossed LRB9104750DJcd 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Section 12-18. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 changing Section 12-18 as follows: 7 (720 ILCS 5/12-18) (from Ch. 38, par. 12-18) 8 Sec. 12-18. General Provisions. 9 (a) No person accused of violating Sections 12-13, 10 12-14, 12-15 or 12-16 of this Code shall be presumed to be 11 incapable of committing an offense prohibited by Sections 12 12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code because of 13 age, physical condition or relationship to the victim, except 14 as otherwise provided in subsection (c) of this Section. 15 Nothing in this Section shall be construed to modify or 16 abrogate the affirmative defense of infancy under Section 6-1 17 of this Code or the provisions of Section 5-805 of the 18 Juvenile Court Act of 1987. 19 (b) Any medical examination or procedure which is 20 conducted by a physician, nurse, medical or hospital 21 personnel, parent, or caretaker for purposes and in a manner 22 consistent with reasonable medical standards is not an 23 offense under Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16 24 of this Code. 25 (c) Prosecution of a spouse of a victim under this 26 subsection for any violation by the victim's spouse of 27 Section 12-13, 12-14, 12-15 or 12-16 of this Code is barred 28 unless the victim reported such offense to a law enforcement 29 agency or the State's Attorney's office within 30 days after 30 the offense was committed, except when the court finds good 31 cause for the delay. SB542 Engrossed -2- LRB9104750DJcd 1 (d) In addition to the sentences provided for in 2 Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the 3 Criminal Code of 1961 the Court may order any person who is 4 convicted of violating any of those Sections to meet all or 5 any portion of the financial obligations of treatment, 6 including but not limited to medical, psychiatric, 7 rehabilitative or psychological treatment, prescribed for the 8 victim or victims of the offense. 9 (e) After a finding at a preliminary hearing that there 10 is probable cause to believe that an accused has committed a 11 violation of Section 12-13, 12-14, or 12-14.1 of this Code, 12 or after an indictment is returned charging an accused with a 13 violation of Section 12-13, 12-14, or 12-14.1 of this Code, 14 at the request of the person who was the victim of the 15 violation of Section 12-13, 12-14, or 12-14.1, the 16 prosecuting State's attorney shall seek an order from the 17 court to compel the accused to be tested for infection with 18 human immunodeficiency virus (HIV). The medical test shall 19 be performed only by appropriately licensed medical 20 practitioners, and shall consist of an enzyme-linked 21 immunosorbent assay (ELISA) test, or such other test as may 22 be approved by the Illinois Department of Public Health; in 23 the event of a positive result, the Western Blot Assay or a 24 more reliable confirmatory test shall be administered. The 25 results of the test shall be kept strictly confidential by 26 all medical personnel involved in the testing and must be 27 personally delivered in a sealed envelope to the victim and 28 to the judge who entered the order, for the judge's 29 inspection in camera. Acting in accordance with the best 30 interests of the victim and the public, the judge shall have 31 the discretion to determine to whom, if anyone, the result of 32 the testing may be revealed; however, in no case shall the 33 identity of the victim be disclosed. The court shall order 34 that the cost of the test shall be paid by the county, and SB542 Engrossed -3- LRB9104750DJcd 1 may be taxed as costs against the accused if convicted. 2 (f) Whenever any law enforcement officer has reasonable 3 cause to believe that a person has been delivered a 4 controlled substance without his or her consent, the law 5 enforcement officertheyshall advise the victim about 6 seeking medical treatment and preserving evidence. 7 (g) Every hospital providing emergency hospital services 8 to an alleged sexual assault survivor, when there isIn a9hospital, whenever any emergency room personnel has10 reasonable cause to believe that a person has been delivered 11 a controlled substance without his or her consent, shall 12 designate personnel todesignated by the hospital, other than13a physician licensed to practice medicine in all of its14branches, shallprovide: 15 (1) An explanation to the victim about the nature 16 and effects of commonly used controlled substances and 17 how such controlled substances are administered. 18 (2) An offer to the victim of testing for the 19 presence of such controlled substances. 20 (3) A disclosure to the victim that all controlled 21 substances or alcohol ingested by the victim will be 22 disclosed by the test. 23 (4) A statement that the test is completely 24 voluntary. 25 (5) A form for written authorization for sample 26 analysis of all controlled substances and alcohol 27 ingested by the victim. 28 A physician licensed to practice medicine in all its 29 branches may agree to be a designated person under this 30 subsection. 31 No sample analysis may be performed unless the victim 32 returns a signed written authorization within 48 hours after 33 the sample was collected. 34 Any medical treatment or,care under this subsection, orSB542 Engrossed -4- LRB9104750DJcd 1testingshallonlybe only in accordance with the order of a 2 physician licensed to practice medicine in all of its 3 branches. Any testing under this subsection shall be only in 4 accordance with the order of a licensed individual authorized 5 to order the testing. 6 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 7 90-590, eff. 1-1-99; 90-735, eff. 8-11-98; revised 9-16-98.)