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91_SB0943
LRB9106126RCks
1 AN ACT to amend the Sexual Assault Survivors Emergency
2 Treatment Act by changing Sections 5 and 6.4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
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
23 the request of the alleged sexual assault survivor;
24 (2) appropriate oral and written information concerning
25 the possibility of infection, sexually transmitted disease
26 and pregnancy resulting from sexual assault;
27 (3) appropriate oral and written information concerning
28 accepted medical procedures, medication, and possible
29 contraindications of such medication available for the
30 prevention or treatment of infection or disease resulting
31 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 absence of
4 sexually transmitted disease;
5 (6) written and oral instructions indicating the need
6 for a second blood test 6 weeks after the sexual assault to
7 determine the presence or absence of sexually transmitted
8 disease; and
9 (7) appropriate counseling as determined by the
10 hospital, by trained personnel designated by the hospital.
11 (b) Any minor who is an alleged survivor of sexual
12 assault who seeks emergency services under this Act shall be
13 provided such services without the consent of the parent,
14 guardian or custodian of the minor. Only the minor's parent
15 or legal guardian can sign for release of evidence and
16 information concerning the alleged sexual assault.
17 (Source: P.A. 85-577.) by changing
18 (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
19 Sec. 6.4. Sexual assault evidence collection program.
20 (a) There is created a statewide sexual assault evidence
21 collection program to facilitate the prosecution of persons
22 accused of sexual assault. This program shall be
23 administered by the Illinois State Police. The program shall
24 consist of the following: (1) distribution of sexual assault
25 evidence collection kits which have been approved by the
26 Illinois State Police to hospitals that request them, or
27 arranging for such distribution by the manufacturer of the
28 kits, (2) collection of the kits from hospitals after the
29 kits have been used to collect evidence, (3) analysis of the
30 collected evidence and conducting of laboratory tests, and
31 (4) maintaining the chain of custody and safekeeping of the
32 evidence for use in a legal proceeding. The standardized
33 evidence collection kit for the State of Illinois shall be
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1 the State Police Evidence Collection Kit, also known as
2 "S.P.E.C.K.". A sexual assault evidence collection kit may
3 not be released by a hospital without the written consent of
4 the sexual assault survivor or, in the case of a minor, the
5 written consent of the minor's parent or legal guardian.
6 (b) The Illinois State Police shall administer a program
7 to train hospitals and hospital personnel participating in
8 the sexual assault evidence collection program, in the
9 correct use and application of the sexual assault evidence
10 collection kits. The Department of Public Health shall
11 cooperate with the Illinois State Police in this program as
12 it pertains to medical aspects of the evidence collection.
13 (Source: P.A. 89-246, eff. 8-4-95; 89-507, eff. 7-1-97;
14 90-587, eff. 7-1-98.)