Bill Amendment: IL HB1739 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: SEXUAL ASSAULT EVIDENCE TRACK
Status: 2021-06-25 - Public Act . . . . . . . . . 102-0022 [HB1739 Detail]
Download: Illinois-2021-HB1739-Senate_Amendment_005.html
Bill Title: SEXUAL ASSAULT EVIDENCE TRACK
Status: 2021-06-25 - Public Act . . . . . . . . . 102-0022 [HB1739 Detail]
Download: Illinois-2021-HB1739-Senate_Amendment_005.html
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1 | AMENDMENT TO HOUSE BILL 1739
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2 | AMENDMENT NO. ______. Amend House Bill 1739, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Sexual Assault Survivors Emergency | ||||||
6 | Treatment Act is amended by changing Sections 1a, 1a-1, 2, | ||||||
7 | 2-1, 2.05, 2.05-1, 2.06, 2.06-1, 2.1, 2.1-1, 2.2, 2.2-1, 3, | ||||||
8 | 3-1, 5, 5-1, 5.1, 5.1-1, 5.2, 5.2-1, 5.3, 5.3-1, 5.5, 5.5-1, | ||||||
9 | 6.1, 6.1-1, 6.2, 6.2-1, 6.4, 6.4-1, 6.5, 6.5-1, 6.6, 6.6-1, 7, | ||||||
10 | 7-1, 7.5, 7.5-1, 8, 8-1, 10, and 10-1 as follows:
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11 | (410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
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12 | Sec. 1a. Definitions. | ||||||
13 | (a) In this Act:
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14 | "Advanced practice registered nurse" has the meaning | ||||||
15 | provided in Section 50-10 of the Nurse Practice Act. | ||||||
16 | "Ambulance provider" means an individual or entity that |
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1 | owns and operates a business or service using ambulances or | ||||||
2 | emergency medical services vehicles to transport emergency | ||||||
3 | patients.
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4 | "Approved pediatric health care facility" means a health | ||||||
5 | care facility, other than a hospital, with a sexual assault | ||||||
6 | treatment plan approved by the Department to provide medical | ||||||
7 | forensic services to pediatric sexual assault survivors who | ||||||
8 | present with a complaint of sexual assault within a minimum of | ||||||
9 | the last 7 days or who have disclosed past sexual assault by a | ||||||
10 | specific individual and were in the care of that individual | ||||||
11 | within a minimum of the last 7 days. | ||||||
12 | "Areawide sexual assault treatment plan" means a plan, | ||||||
13 | developed by hospitals or by hospitals and approved pediatric | ||||||
14 | health care facilities in a community or area to be served, | ||||||
15 | which provides for medical forensic services to sexual assault | ||||||
16 | survivors that shall be made available by each of the | ||||||
17 | participating hospitals and approved pediatric health care | ||||||
18 | facilities.
| ||||||
19 | "Board-certified child abuse pediatrician" means a | ||||||
20 | physician certified by the American Board of Pediatrics in | ||||||
21 | child abuse pediatrics. | ||||||
22 | "Board-eligible child abuse pediatrician" means a | ||||||
23 | physician who has completed the requirements set forth by the | ||||||
24 | American Board of Pediatrics to take the examination for | ||||||
25 | certification in child abuse pediatrics. | ||||||
26 | "Department" means the Department of Public Health.
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1 | "Emergency contraception" means medication as approved by | ||||||
2 | the federal Food and Drug Administration (FDA) that can | ||||||
3 | significantly reduce the risk of pregnancy if taken within 72 | ||||||
4 | hours after sexual assault.
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5 | "Follow-up healthcare" means healthcare services related | ||||||
6 | to a sexual assault, including laboratory services and | ||||||
7 | pharmacy services, rendered within 90 days of the initial | ||||||
8 | visit for medical forensic services.
| ||||||
9 | "Health care professional" means a physician, a physician | ||||||
10 | assistant, a sexual assault forensic examiner, an advanced | ||||||
11 | practice registered nurse, a registered professional nurse, a | ||||||
12 | licensed practical nurse, or a sexual assault nurse examiner.
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13 | "Hospital" means a hospital licensed under the Hospital | ||||||
14 | Licensing Act or operated under the University of Illinois | ||||||
15 | Hospital Act, any outpatient center included in the hospital's | ||||||
16 | sexual assault treatment plan where hospital employees provide | ||||||
17 | medical forensic services, and an out-of-state hospital that | ||||||
18 | has consented to the jurisdiction of the Department under | ||||||
19 | Section 2.06.
| ||||||
20 | "Illinois State Police Sexual Assault Evidence Collection | ||||||
21 | Kit" means a prepackaged set of materials and forms to be used | ||||||
22 | for the collection of evidence relating to sexual assault. The | ||||||
23 | standardized evidence collection kit for the State of Illinois | ||||||
24 | shall be the Illinois State Police Sexual Assault Evidence | ||||||
25 | Collection Kit.
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26 | "Law enforcement agency having jurisdiction" means the law |
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| |||||||
1 | enforcement agency in the jurisdiction where an alleged sexual | ||||||
2 | assault or sexual abuse occurred. | ||||||
3 | "Licensed practical nurse" has the meaning provided in | ||||||
4 | Section 50-10 of the Nurse Practice Act. | ||||||
5 | "Medical forensic services" means health care delivered to | ||||||
6 | patients within or under the care and supervision of personnel | ||||||
7 | working in a designated emergency department of a hospital or | ||||||
8 | an approved pediatric health care facility. "Medical forensic | ||||||
9 | services" includes, but is not limited to, taking a medical | ||||||
10 | history, performing photo documentation, performing a physical | ||||||
11 | and anogenital examination, assessing the patient for evidence | ||||||
12 | collection, collecting evidence in accordance with a statewide | ||||||
13 | sexual assault evidence collection program administered by the | ||||||
14 | Department of State Police using the Illinois State Police | ||||||
15 | Sexual Assault Evidence Collection Kit, if appropriate, | ||||||
16 | assessing the patient for drug-facilitated or | ||||||
17 | alcohol-facilitated sexual assault, providing an evaluation of | ||||||
18 | and care for sexually transmitted infection and human | ||||||
19 | immunodeficiency virus (HIV), pregnancy risk evaluation and | ||||||
20 | care, and discharge and follow-up healthcare planning. | ||||||
21 | "Pediatric health care facility" means a clinic or | ||||||
22 | physician's office that provides medical services to pediatric | ||||||
23 | patients. | ||||||
24 | "Pediatric sexual assault survivor" means a person under | ||||||
25 | the age of 13 who presents for medical forensic services in | ||||||
26 | relation to injuries or trauma resulting from a sexual |
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1 | assault. | ||||||
2 | "Photo documentation" means digital photographs or | ||||||
3 | colposcope videos stored and backed up securely in the | ||||||
4 | original file format. | ||||||
5 | "Physician" means a person licensed to practice medicine | ||||||
6 | in all its branches.
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7 | "Physician assistant" has the meaning provided in Section | ||||||
8 | 4 of the Physician Assistant Practice Act of 1987. | ||||||
9 | "Prepubescent sexual assault survivor" means a female who | ||||||
10 | is under the age of 18 years and has not had a first menstrual | ||||||
11 | cycle or a male who is under the age of 18 years and has not | ||||||
12 | started to develop secondary sex characteristics who presents | ||||||
13 | for medical forensic services in relation to injuries or | ||||||
14 | trauma resulting from a sexual assault. | ||||||
15 | "Qualified medical provider" means a board-certified child | ||||||
16 | abuse pediatrician, board-eligible child abuse pediatrician, a | ||||||
17 | sexual assault forensic examiner, or a sexual assault nurse | ||||||
18 | examiner who has access to photo documentation tools, and who | ||||||
19 | participates in peer review. | ||||||
20 | "Registered Professional Nurse" has the meaning provided | ||||||
21 | in Section 50-10 of the Nurse Practice Act. | ||||||
22 | "Sexual assault" means: | ||||||
23 | (1) an act of sexual conduct; as used in this | ||||||
24 | paragraph, "sexual conduct" has the meaning provided under | ||||||
25 | Section 11-0.1 of the Criminal Code of 2012; or | ||||||
26 | (2) any act of sexual penetration; as used in this |
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1 | paragraph, "sexual penetration" has the meaning provided | ||||||
2 | under Section 11-0.1 of the Criminal Code of 2012 and | ||||||
3 | includes, without limitation, acts prohibited under | ||||||
4 | Sections 11-1.20 through 11-1.60 of the Criminal Code of | ||||||
5 | 2012.
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6 | "Sexual assault forensic examiner" means a physician or | ||||||
7 | physician assistant who has completed training that meets or | ||||||
8 | is substantially similar to the Sexual Assault Nurse Examiner | ||||||
9 | Education Guidelines established by the International | ||||||
10 | Association of Forensic Nurses. | ||||||
11 | "Sexual assault nurse examiner" means an advanced practice | ||||||
12 | registered nurse or registered professional nurse who has | ||||||
13 | completed a sexual assault nurse examiner training program | ||||||
14 | that meets the Sexual Assault Nurse Examiner Education | ||||||
15 | Guidelines established by the International Association of | ||||||
16 | Forensic Nurses. | ||||||
17 | "Sexual assault services voucher" means a document | ||||||
18 | generated by a hospital or approved pediatric health care | ||||||
19 | facility at the time the sexual assault survivor receives | ||||||
20 | outpatient medical forensic services that may be used to seek | ||||||
21 | payment for any ambulance services, medical forensic services, | ||||||
22 | laboratory services, pharmacy services, and follow-up | ||||||
23 | healthcare provided as a result of the sexual assault. | ||||||
24 | "Sexual assault survivor" means a person who presents for | ||||||
25 | medical forensic services in relation to injuries or trauma | ||||||
26 | resulting from a sexual assault.
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1 | "Sexual assault transfer plan" means a written plan | ||||||
2 | developed by a hospital and approved by the Department, which | ||||||
3 | describes the hospital's procedures for transferring sexual | ||||||
4 | assault survivors to another hospital, and an approved | ||||||
5 | pediatric health care facility, if applicable, in order to | ||||||
6 | receive medical forensic services. | ||||||
7 | "Sexual assault treatment plan" means a written plan that | ||||||
8 | describes the procedures and protocols for providing medical | ||||||
9 | forensic services to sexual assault survivors who present | ||||||
10 | themselves for such services, either directly or through | ||||||
11 | transfer from a hospital or an approved pediatric health care | ||||||
12 | facility.
| ||||||
13 | "Transfer hospital" means a hospital with a sexual assault | ||||||
14 | transfer plan approved by the Department. | ||||||
15 | "Transfer services" means the appropriate medical | ||||||
16 | screening examination and necessary stabilizing treatment | ||||||
17 | prior to the transfer of a sexual assault survivor to a | ||||||
18 | hospital or an approved pediatric health care facility that | ||||||
19 | provides medical forensic services to sexual assault survivors | ||||||
20 | pursuant to a sexual assault treatment plan or areawide sexual | ||||||
21 | assault treatment plan.
| ||||||
22 | "Treatment hospital" means a hospital with a sexual | ||||||
23 | assault treatment plan approved by the Department to provide | ||||||
24 | medical forensic services to all sexual assault survivors who | ||||||
25 | present with a complaint of sexual assault within a minimum of | ||||||
26 | the last 7 days or who have disclosed past sexual assault by a |
| |||||||
| |||||||
1 | specific individual and were in the care of that individual | ||||||
2 | within a minimum of the last 7 days. | ||||||
3 | "Treatment hospital with approved pediatric transfer" | ||||||
4 | means a hospital with a treatment plan approved by the | ||||||
5 | Department to provide medical forensic services to sexual | ||||||
6 | assault survivors 13 years old or older who present with a | ||||||
7 | complaint of sexual assault within a minimum of the last 7 days | ||||||
8 | or who have disclosed past sexual assault by a specific | ||||||
9 | individual and were in the care of that individual within a | ||||||
10 | minimum of the last 7 days. | ||||||
11 | (b) This Section is effective on and after January 1, 2022 | ||||||
12 | July 1, 2021 . | ||||||
13 | (Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19; | ||||||
14 | 101-81, eff. 7-12-19; 101-634, eff. 6-5-20.)
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15 | (410 ILCS 70/1a-1) | ||||||
16 | (Section scheduled to be repealed on June 30, 2021) | ||||||
17 | Sec. 1a-1. Definitions. | ||||||
18 | (a) In this Act: | ||||||
19 | "Advanced practice registered nurse" has the meaning | ||||||
20 | provided in Section 50-10 of the Nurse Practice Act. | ||||||
21 | "Ambulance provider" means an individual or entity that | ||||||
22 | owns and operates a business or service using ambulances or | ||||||
23 | emergency medical services vehicles to transport emergency | ||||||
24 | patients. | ||||||
25 | "Approved pediatric health care facility" means a health |
| |||||||
| |||||||
1 | care facility, other than a hospital, with a sexual assault | ||||||
2 | treatment plan approved by the Department to provide medical | ||||||
3 | forensic services to pediatric sexual assault survivors who | ||||||
4 | present with a complaint of sexual assault within a minimum of | ||||||
5 | the last 7 days or who have disclosed past sexual assault by a | ||||||
6 | specific individual and were in the care of that individual | ||||||
7 | within a minimum of the last 7 days. | ||||||
8 | "Approved federally qualified health center" means a | ||||||
9 | facility as defined in Section 1905(l)(2)(B) of the federal | ||||||
10 | Social Security Act with a sexual assault treatment plan | ||||||
11 | approved by the Department to provide medical forensic | ||||||
12 | services to sexual assault survivors 13 years old or older who | ||||||
13 | present with a complaint of sexual assault within a minimum of | ||||||
14 | the last 7 days or who have disclosed past sexual assault by a | ||||||
15 | specific individual and were in the care of that individual | ||||||
16 | within a minimum of the last 7 days. | ||||||
17 | "Areawide sexual assault treatment plan" means a plan, | ||||||
18 | developed by hospitals or by hospitals, approved pediatric | ||||||
19 | health care facilities, and approved federally qualified | ||||||
20 | health centers in a community or area to be served, which | ||||||
21 | provides for medical forensic services to sexual assault | ||||||
22 | survivors that shall be made available by each of the | ||||||
23 | participating hospitals and approved pediatric health care | ||||||
24 | facilities. | ||||||
25 | "Board-certified child abuse pediatrician" means a | ||||||
26 | physician certified by the American Board of Pediatrics in |
| |||||||
| |||||||
1 | child abuse pediatrics. | ||||||
2 | "Board-eligible child abuse pediatrician" means a | ||||||
3 | physician who has completed the requirements set forth by the | ||||||
4 | American Board of Pediatrics to take the examination for | ||||||
5 | certification in child abuse pediatrics. | ||||||
6 | "Department" means the Department of Public Health. | ||||||
7 | "Emergency contraception" means medication as approved by | ||||||
8 | the federal Food and Drug Administration (FDA) that can | ||||||
9 | significantly reduce the risk of pregnancy if taken within 72 | ||||||
10 | hours after sexual assault. | ||||||
11 | "Federally qualified health center" means a facility as | ||||||
12 | defined in Section 1905(l)(2)(B) of the federal Social | ||||||
13 | Security Act that provides primary care or sexual health | ||||||
14 | services. | ||||||
15 | "Follow-up healthcare" means healthcare services related | ||||||
16 | to a sexual assault, including laboratory services and | ||||||
17 | pharmacy services, rendered within 90 days of the initial | ||||||
18 | visit for medical forensic services. | ||||||
19 | "Health care professional" means a physician, a physician | ||||||
20 | assistant, a sexual assault forensic examiner, an advanced | ||||||
21 | practice registered nurse, a registered professional nurse, a | ||||||
22 | licensed practical nurse, or a sexual assault nurse examiner. | ||||||
23 | "Hospital" means a hospital licensed under the Hospital | ||||||
24 | Licensing Act or operated under the University of Illinois | ||||||
25 | Hospital Act, any outpatient center included in the hospital's | ||||||
26 | sexual assault treatment plan where hospital employees provide |
| |||||||
| |||||||
1 | medical forensic services, and an out-of-state hospital that | ||||||
2 | has consented to the jurisdiction of the Department under | ||||||
3 | Section 2.06-1. | ||||||
4 | "Illinois State Police Sexual Assault Evidence Collection | ||||||
5 | Kit" means a prepackaged set of materials and forms to be used | ||||||
6 | for the collection of evidence relating to sexual assault. The | ||||||
7 | standardized evidence collection kit for the State of Illinois | ||||||
8 | shall be the Illinois State Police Sexual Assault Evidence | ||||||
9 | Collection Kit. | ||||||
10 | "Law enforcement agency having jurisdiction" means the law | ||||||
11 | enforcement agency in the jurisdiction where an alleged sexual | ||||||
12 | assault or sexual abuse occurred. | ||||||
13 | "Licensed practical nurse" has the meaning provided in | ||||||
14 | Section 50-10 of the Nurse Practice Act. | ||||||
15 | "Medical forensic services" means health care delivered to | ||||||
16 | patients within or under the care and supervision of personnel | ||||||
17 | working in a designated emergency department of a hospital, | ||||||
18 | approved pediatric health care facility, or an approved | ||||||
19 | federally qualified health centers. | ||||||
20 | "Medical forensic services" includes, but is not limited | ||||||
21 | to, taking a medical history, performing photo documentation, | ||||||
22 | performing a physical and anogenital examination, assessing | ||||||
23 | the patient for evidence collection, collecting evidence in | ||||||
24 | accordance with a statewide sexual assault evidence collection | ||||||
25 | program administered by the Department of State Police using | ||||||
26 | the Illinois State Police Sexual Assault Evidence Collection |
| |||||||
| |||||||
1 | Kit, if appropriate, assessing the patient for | ||||||
2 | drug-facilitated or alcohol-facilitated sexual assault, | ||||||
3 | providing an evaluation of and care for sexually transmitted | ||||||
4 | infection and human immunodeficiency virus (HIV), pregnancy | ||||||
5 | risk evaluation and care, and discharge and follow-up | ||||||
6 | healthcare planning. | ||||||
7 | "Pediatric health care facility" means a clinic or | ||||||
8 | physician's office that provides medical services to pediatric | ||||||
9 | patients. | ||||||
10 | "Pediatric sexual assault survivor" means a person under | ||||||
11 | the age of 13 who presents for medical forensic services in | ||||||
12 | relation to injuries or trauma resulting from a sexual | ||||||
13 | assault. | ||||||
14 | "Photo documentation" means digital photographs or | ||||||
15 | colposcope videos stored and backed up securely in the | ||||||
16 | original file format. | ||||||
17 | "Physician" means a person licensed to practice medicine | ||||||
18 | in all its branches. | ||||||
19 | "Physician assistant" has the meaning provided in Section | ||||||
20 | 4 of the Physician Assistant Practice Act of 1987. | ||||||
21 | "Prepubescent sexual assault survivor" means a female who | ||||||
22 | is under the age of 18 years and has not had a first menstrual | ||||||
23 | cycle or a male who is under the age of 18 years and has not | ||||||
24 | started to develop secondary sex characteristics who presents | ||||||
25 | for medical forensic services in relation to injuries or | ||||||
26 | trauma resulting from a sexual assault. |
| |||||||
| |||||||
1 | "Qualified medical provider" means a board-certified child | ||||||
2 | abuse pediatrician, board-eligible child abuse pediatrician, a | ||||||
3 | sexual assault forensic examiner, or a sexual assault nurse | ||||||
4 | examiner who has access to photo documentation tools, and who | ||||||
5 | participates in peer review. | ||||||
6 | "Registered Professional Nurse" has the meaning provided | ||||||
7 | in Section 50-10 of the Nurse Practice Act. | ||||||
8 | "Sexual assault" means: | ||||||
9 | (1) an act of sexual conduct; as used in this | ||||||
10 | paragraph, "sexual conduct" has the meaning provided under | ||||||
11 | Section 11-0.1 of the Criminal Code of 2012; or | ||||||
12 | (2) any act of sexual penetration; as used in this | ||||||
13 | paragraph, "sexual penetration" has the meaning provided | ||||||
14 | under Section 11-0.1 of the Criminal Code of 2012 and | ||||||
15 | includes, without limitation, acts prohibited under | ||||||
16 | Sections 11-1.20 through 11-1.60 of the Criminal Code of | ||||||
17 | 2012. | ||||||
18 | "Sexual assault forensic examiner" means a physician or | ||||||
19 | physician assistant who has completed training that meets or | ||||||
20 | is substantially similar to the Sexual Assault Nurse Examiner | ||||||
21 | Education Guidelines established by the International | ||||||
22 | Association of Forensic Nurses. | ||||||
23 | "Sexual assault nurse examiner" means an advanced practice | ||||||
24 | registered nurse or registered professional nurse who has | ||||||
25 | completed a sexual assault nurse examiner training program | ||||||
26 | that meets the Sexual Assault Nurse Examiner Education |
| |||||||
| |||||||
1 | Guidelines established by the International Association of | ||||||
2 | Forensic Nurses. | ||||||
3 | "Sexual assault services voucher" means a document | ||||||
4 | generated by a hospital or approved pediatric health care | ||||||
5 | facility at the time the sexual assault survivor receives | ||||||
6 | outpatient medical forensic services that may be used to seek | ||||||
7 | payment for any ambulance services, medical forensic services, | ||||||
8 | laboratory services, pharmacy services, and follow-up | ||||||
9 | healthcare provided as a result of the sexual assault. | ||||||
10 | "Sexual assault survivor" means a person who presents for | ||||||
11 | medical forensic services in relation to injuries or trauma | ||||||
12 | resulting from a sexual assault. | ||||||
13 | "Sexual assault transfer plan" means a written plan | ||||||
14 | developed by a hospital and approved by the Department, which | ||||||
15 | describes the hospital's procedures for transferring sexual | ||||||
16 | assault survivors to another hospital, and an approved | ||||||
17 | pediatric health care facility, if applicable, in order to | ||||||
18 | receive medical forensic services. | ||||||
19 | "Sexual assault treatment plan" means a written plan that | ||||||
20 | describes the procedures and protocols for providing medical | ||||||
21 | forensic services to sexual assault survivors who present | ||||||
22 | themselves for such services, either directly or through | ||||||
23 | transfer from a hospital or an approved pediatric health care | ||||||
24 | facility. | ||||||
25 | "Transfer hospital" means a hospital with a sexual assault | ||||||
26 | transfer plan approved by the Department. |
| |||||||
| |||||||
1 | "Transfer services" means the appropriate medical | ||||||
2 | screening examination and necessary stabilizing treatment | ||||||
3 | prior to the transfer of a sexual assault survivor to a | ||||||
4 | hospital or an approved pediatric health care facility that | ||||||
5 | provides medical forensic services to sexual assault survivors | ||||||
6 | pursuant to a sexual assault treatment plan or areawide sexual | ||||||
7 | assault treatment plan. | ||||||
8 | "Treatment hospital" means a hospital with a sexual | ||||||
9 | assault treatment plan approved by the Department to provide | ||||||
10 | medical forensic services to all sexual assault survivors who | ||||||
11 | present with a complaint of sexual assault within a minimum of | ||||||
12 | the last 7 days or who have disclosed past sexual assault by a | ||||||
13 | specific individual and were in the care of that individual | ||||||
14 | within a minimum of the last 7 days. | ||||||
15 | "Treatment hospital with approved pediatric transfer" | ||||||
16 | means a hospital with a treatment plan approved by the | ||||||
17 | Department to provide medical forensic services to sexual | ||||||
18 | assault survivors 13 years old or older who present with a | ||||||
19 | complaint of sexual assault within a minimum of the last 7 days | ||||||
20 | or who have disclosed past sexual assault by a specific | ||||||
21 | individual and were in the care of that individual within a | ||||||
22 | minimum of the last 7 days. | ||||||
23 | (b) This Section is repealed on December 31 June 30 , 2021.
| ||||||
24 | (Source: P.A. 101-634, eff. 6-5-20.)
| ||||||
25 | (410 ILCS 70/2) (from Ch. 111 1/2, par. 87-2)
|
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| |||||||
1 | Sec. 2. Hospital and approved pediatric health care | ||||||
2 | facility requirements for sexual assault plans.
| ||||||
3 | (a) Every hospital
required to be licensed by the | ||||||
4 | Department pursuant to
the Hospital Licensing Act, or operated | ||||||
5 | under the University of Illinois Hospital Act that provides | ||||||
6 | general medical and surgical hospital services
shall provide | ||||||
7 | either (i) transfer services to all sexual assault survivors, | ||||||
8 | (ii) medical forensic services to all sexual assault | ||||||
9 | survivors, or (iii) transfer services to pediatric sexual | ||||||
10 | assault survivors and medical forensic services to sexual | ||||||
11 | assault survivors 13 years old or older, in accordance with | ||||||
12 | rules adopted by the Department.
| ||||||
13 | In addition, every such hospital, regardless of whether or | ||||||
14 | not a request
is made for reimbursement, shall submit
to the | ||||||
15 | Department a plan to provide either (i) transfer services to | ||||||
16 | all sexual assault survivors, (ii) medical forensic services | ||||||
17 | to all sexual assault survivors, or (iii) transfer services to | ||||||
18 | pediatric sexual assault survivors and medical forensic | ||||||
19 | services to sexual assault survivors 13 years old or older.
| ||||||
20 | The
Department shall approve such plan for
either (i) transfer | ||||||
21 | services to all sexual assault survivors, (ii) medical | ||||||
22 | forensic services
to all sexual assault survivors, or (iii) | ||||||
23 | transfer services to pediatric sexual assault survivors and | ||||||
24 | medical forensic services to sexual assault survivors 13 years | ||||||
25 | old or older, if it finds that the implementation of
the | ||||||
26 | proposed plan would provide (i) transfer services or (ii) |
| |||||||
| |||||||
1 | medical forensic services for
sexual assault survivors in | ||||||
2 | accordance with the requirements of this Act and provide | ||||||
3 | sufficient protections from the
risk of pregnancy to
sexual | ||||||
4 | assault survivors. Notwithstanding anything to the contrary in | ||||||
5 | this paragraph, the Department may approve a sexual assault | ||||||
6 | transfer plan for the provision of medical forensic services | ||||||
7 | until January 1, 2022 if: | ||||||
8 | (1) a treatment hospital with approved pediatric | ||||||
9 | transfer has agreed, as part of an areawide treatment | ||||||
10 | plan, to accept sexual assault survivors 13 years of age | ||||||
11 | or older from the proposed transfer hospital, if the | ||||||
12 | treatment hospital with approved pediatric transfer is | ||||||
13 | geographically closer to the transfer hospital than a | ||||||
14 | treatment hospital or another treatment hospital with | ||||||
15 | approved pediatric transfer and such transfer is not | ||||||
16 | unduly burdensome on the sexual assault survivor; and | ||||||
17 | (2) a treatment hospital has agreed, as a part of an | ||||||
18 | areawide treatment plan, to accept sexual assault | ||||||
19 | survivors under 13 years of age from the proposed transfer | ||||||
20 | hospital and transfer to the treatment hospital would not | ||||||
21 | unduly burden the sexual assault survivor.
| ||||||
22 | The Department may not approve a sexual assault transfer | ||||||
23 | plan unless a treatment hospital has agreed, as a part of an | ||||||
24 | areawide treatment plan, to accept sexual assault survivors | ||||||
25 | from the proposed transfer hospital and a transfer to the | ||||||
26 | treatment hospital would not unduly burden the sexual assault |
| |||||||
| |||||||
1 | survivor. | ||||||
2 | In counties with a population of less than 1,000,000, the | ||||||
3 | Department may not approve a sexual assault transfer plan for | ||||||
4 | a hospital located within a 20-mile radius of a 4-year public | ||||||
5 | university, not including community colleges, unless there is | ||||||
6 | a treatment hospital with a sexual assault treatment plan | ||||||
7 | approved by the Department within a 20-mile radius of the | ||||||
8 | 4-year public university. | ||||||
9 | A transfer must be in accordance with federal and State | ||||||
10 | laws and local ordinances. | ||||||
11 | A treatment hospital with approved pediatric transfer must | ||||||
12 | submit an areawide treatment plan under Section 3 of this Act | ||||||
13 | that includes a written agreement with a treatment hospital | ||||||
14 | stating that the treatment hospital will provide medical | ||||||
15 | forensic services to pediatric sexual assault survivors | ||||||
16 | transferred from the treatment hospital with approved | ||||||
17 | pediatric transfer. The areawide treatment plan may also | ||||||
18 | include an approved pediatric health care facility. | ||||||
19 | A transfer hospital must submit an areawide treatment plan | ||||||
20 | under Section 3 of this Act that includes a written agreement | ||||||
21 | with a treatment hospital stating that the treatment hospital | ||||||
22 | will provide medical forensic services to all sexual assault | ||||||
23 | survivors transferred from the transfer hospital. The areawide | ||||||
24 | treatment plan may also include an approved pediatric health | ||||||
25 | care facility. Notwithstanding anything to the contrary in | ||||||
26 | this paragraph, until January 1, 2022, the areawide treatment |
| |||||||
| |||||||
1 | plan may include a written agreement with a treatment hospital | ||||||
2 | with approved pediatric transfer that is geographically closer | ||||||
3 | than other hospitals providing medical forensic services to | ||||||
4 | sexual assault survivors 13 years of age or older stating that | ||||||
5 | the treatment hospital with approved pediatric transfer will | ||||||
6 | provide medical services to sexual assault survivors 13 years | ||||||
7 | of age or older who are transferred from the transfer | ||||||
8 | hospital. If the areawide treatment plan includes a written | ||||||
9 | agreement with a treatment hospital with approved pediatric | ||||||
10 | transfer, it must also include a written agreement with a | ||||||
11 | treatment hospital stating that the treatment hospital will | ||||||
12 | provide medical forensic services to sexual assault survivors | ||||||
13 | under 13 years of age who are transferred from the transfer | ||||||
14 | hospital. | ||||||
15 | Beginning January 1, 2019, each treatment hospital and | ||||||
16 | treatment hospital with approved pediatric transfer shall | ||||||
17 | ensure that emergency department attending physicians, | ||||||
18 | physician assistants, advanced practice registered nurses, and | ||||||
19 | registered professional nurses providing clinical services, | ||||||
20 | who do not meet the definition of a qualified medical provider | ||||||
21 | in Section 1a of this Act, receive a minimum of 2 hours of | ||||||
22 | sexual assault training by July 1, 2020 or until the treatment | ||||||
23 | hospital or treatment hospital with approved pediatric | ||||||
24 | transfer certifies to the Department, in a form and manner | ||||||
25 | prescribed by the Department, that it employs or contracts | ||||||
26 | with a qualified medical provider in accordance with |
| |||||||
| |||||||
1 | subsection (a-7) of Section 5, whichever occurs first. | ||||||
2 | After July 1, 2020 or once a treatment hospital or a | ||||||
3 | treatment hospital with approved pediatric transfer certifies | ||||||
4 | compliance with subsection (a-7) of Section 5, whichever | ||||||
5 | occurs first, each treatment hospital and treatment hospital | ||||||
6 | with approved pediatric transfer shall ensure that emergency | ||||||
7 | department attending physicians, physician assistants, | ||||||
8 | advanced practice registered nurses, and registered | ||||||
9 | professional nurses providing clinical services, who do not | ||||||
10 | meet the definition of a qualified medical provider in Section | ||||||
11 | 1a of this Act, receive a minimum of 2 hours of continuing | ||||||
12 | education on responding to sexual assault survivors every 2 | ||||||
13 | years. Protocols for training shall be included in the | ||||||
14 | hospital's sexual assault treatment plan. | ||||||
15 | Sexual assault training provided under this subsection may | ||||||
16 | be provided in person or online and shall include, but not be | ||||||
17 | limited to: | ||||||
18 | (1) information provided on the provision of medical | ||||||
19 | forensic services; | ||||||
20 | (2) information on the use of the Illinois Sexual | ||||||
21 | Assault Evidence Collection Kit; | ||||||
22 | (3) information on sexual assault epidemiology, | ||||||
23 | neurobiology of trauma, drug-facilitated sexual assault, | ||||||
24 | child sexual abuse, and Illinois sexual assault-related | ||||||
25 | laws; and | ||||||
26 | (4) information on the hospital's sexual |
| |||||||
| |||||||
1 | assault-related policies and procedures. | ||||||
2 | The online training made available by the Office of the | ||||||
3 | Attorney General under subsection (b) of Section 10 may be | ||||||
4 | used to comply with this subsection. | ||||||
5 | (b) An approved pediatric health care facility may provide | ||||||
6 | medical forensic services, in accordance with rules adopted by | ||||||
7 | the Department, to all pediatric sexual assault survivors who | ||||||
8 | present for medical forensic services in relation to injuries | ||||||
9 | or trauma resulting from a sexual assault. These services | ||||||
10 | shall be provided by a qualified medical provider. | ||||||
11 | A pediatric health care facility must participate in or | ||||||
12 | submit an areawide treatment plan under Section 3 of this Act | ||||||
13 | that includes a treatment hospital. If a pediatric health care | ||||||
14 | facility does not provide certain medical or surgical services | ||||||
15 | that are provided by hospitals, the areawide sexual assault | ||||||
16 | treatment plan must include a procedure for ensuring a sexual | ||||||
17 | assault survivor in need of such medical or surgical services | ||||||
18 | receives the services at the treatment hospital. The areawide | ||||||
19 | treatment plan may also include a treatment hospital with | ||||||
20 | approved pediatric transfer. | ||||||
21 | The Department shall review a proposed sexual assault | ||||||
22 | treatment plan submitted by a pediatric health care facility | ||||||
23 | within 60 days after receipt of the plan. If the Department | ||||||
24 | finds that the proposed plan meets the minimum requirements | ||||||
25 | set forth in Section 5 of this Act and that implementation of | ||||||
26 | the proposed plan would provide medical forensic services for |
| |||||||
| |||||||
1 | pediatric sexual assault survivors, then the Department shall | ||||||
2 | approve the plan. If the Department does not approve a plan, | ||||||
3 | then the Department shall notify the pediatric health care | ||||||
4 | facility that the proposed plan has not been approved. The | ||||||
5 | pediatric health care facility shall have 30 days to submit a | ||||||
6 | revised plan. The Department shall review the revised plan | ||||||
7 | within 30 days after receipt of the plan and notify the | ||||||
8 | pediatric health care facility whether the revised plan is | ||||||
9 | approved or rejected. A pediatric health care facility may not | ||||||
10 | provide medical forensic services to pediatric sexual assault | ||||||
11 | survivors who present with a complaint of sexual assault | ||||||
12 | within a minimum of the last 7 days or who have disclosed past | ||||||
13 | sexual assault by a specific individual and were in the care of | ||||||
14 | that individual within a minimum of the last 7 days until the | ||||||
15 | Department has approved a treatment plan. | ||||||
16 | If an approved pediatric health care facility is not open | ||||||
17 | 24 hours a day, 7 days a week, it shall post signage at each | ||||||
18 | public entrance to its facility that: | ||||||
19 | (1) is at least 14 inches by 14 inches in size; | ||||||
20 | (2) directs those seeking services as follows: "If | ||||||
21 | closed, call 911 for services or go to the closest | ||||||
22 | hospital emergency department, (insert name) located at | ||||||
23 | (insert address)."; | ||||||
24 | (3) lists the approved pediatric health care | ||||||
25 | facility's hours of operation; | ||||||
26 | (4) lists the street address of the building; |
| |||||||
| |||||||
1 | (5) has a black background with white bold capital | ||||||
2 | lettering in a clear and easy to read font that is at least | ||||||
3 | 72-point type, and with "call 911" in at least 125-point | ||||||
4 | type; | ||||||
5 | (6) is posted clearly and conspicuously on or adjacent | ||||||
6 | to the door at each entrance and, if building materials | ||||||
7 | allow, is posted internally for viewing through glass; if | ||||||
8 | posted externally, the sign shall be made of | ||||||
9 | weather-resistant and theft-resistant materials, | ||||||
10 | non-removable, and adhered permanently to the building; | ||||||
11 | and | ||||||
12 | (7) has lighting that is part of the sign itself or is | ||||||
13 | lit with a dedicated light that fully illuminates the | ||||||
14 | sign. | ||||||
15 | A copy of the proposed sign must be submitted to the | ||||||
16 | Department and approved as part of the approved pediatric | ||||||
17 | health care facility's sexual assault treatment plan. | ||||||
18 | (c) Each treatment hospital, treatment hospital with | ||||||
19 | approved pediatric transfer, and approved pediatric health | ||||||
20 | care facility must enter into a memorandum of understanding | ||||||
21 | with a rape crisis center for medical advocacy services, if | ||||||
22 | these services are available to the treatment hospital, | ||||||
23 | treatment hospital with approved pediatric transfer, or | ||||||
24 | approved pediatric health care facility. With the consent of | ||||||
25 | the sexual assault survivor, a rape crisis counselor shall | ||||||
26 | remain in the exam room during the collection for forensic |
| |||||||
| |||||||
1 | evidence. | ||||||
2 | (d) Every treatment hospital, treatment hospital with | ||||||
3 | approved pediatric transfer, and approved pediatric health | ||||||
4 | care facility's sexual assault treatment plan shall include | ||||||
5 | procedures for complying with mandatory reporting requirements | ||||||
6 | pursuant to (1) the Abused and Neglected Child Reporting Act; | ||||||
7 | (2) the Abused and Neglected Long Term Care Facility Residents | ||||||
8 | Reporting Act; (3) the Adult Protective Services Act; and (iv) | ||||||
9 | the Criminal Identification Act. | ||||||
10 | (e) Each treatment hospital, treatment hospital with | ||||||
11 | approved pediatric transfer, and approved pediatric health | ||||||
12 | care facility shall submit to the Department every 6 months, | ||||||
13 | in a manner prescribed by the Department, the following | ||||||
14 | information: | ||||||
15 | (1) The total number of patients who presented with a | ||||||
16 | complaint of sexual assault. | ||||||
17 | (2) The total number of Illinois Sexual Assault | ||||||
18 | Evidence Collection Kits: | ||||||
19 | (A) offered to (i) all sexual assault survivors | ||||||
20 | and (ii) pediatric sexual assault survivors
pursuant | ||||||
21 | to paragraph (1.5) of subsection (a-5) of Section 5; | ||||||
22 | (B) completed for (i) all sexual assault survivors | ||||||
23 | and (ii) pediatric sexual assault
survivors; and | ||||||
24 | (C) declined by (i) all sexual assault survivors | ||||||
25 | and (ii) pediatric sexual assault survivors. | ||||||
26 | This information shall be made available on the |
| |||||||
| |||||||
1 | Department's website.
| ||||||
2 | (f) This Section is effective on and after January 1, 2022 | ||||||
3 | July 1, 2021 . | ||||||
4 | (Source: P.A. 100-775, eff. 1-1-19; 101-73, eff. 7-12-19; | ||||||
5 | 101-634, eff. 6-5-20.)
| ||||||
6 | (410 ILCS 70/2-1) | ||||||
7 | (Section scheduled to be repealed on June 30, 2021) | ||||||
8 | Sec. 2-1. Hospital, approved pediatric health care | ||||||
9 | facility, and approved federally qualified health center | ||||||
10 | requirements for sexual assault plans. | ||||||
11 | (a) Every hospital
required to be licensed by the | ||||||
12 | Department pursuant to
the Hospital Licensing Act, or operated | ||||||
13 | under the University of Illinois Hospital Act that provides | ||||||
14 | general medical and surgical hospital services
shall provide | ||||||
15 | either (i) transfer services to all sexual assault survivors, | ||||||
16 | (ii) medical forensic services to all sexual assault | ||||||
17 | survivors, or (iii) transfer services to pediatric sexual | ||||||
18 | assault survivors and medical forensic services to sexual | ||||||
19 | assault survivors 13 years old or older, in accordance with | ||||||
20 | rules adopted by the Department. | ||||||
21 | In addition, every such hospital, regardless of whether or | ||||||
22 | not a request
is made for reimbursement, shall submit
to the | ||||||
23 | Department a plan to provide either (i) transfer services to | ||||||
24 | all sexual assault survivors, (ii) medical forensic services | ||||||
25 | to all sexual assault survivors, or (iii) transfer services to |
| |||||||
| |||||||
1 | pediatric sexual assault survivors and medical forensic | ||||||
2 | services to sexual assault survivors 13 years old or older.
| ||||||
3 | The
Department shall approve such plan for
either (i) transfer | ||||||
4 | services to all sexual assault survivors, (ii) medical | ||||||
5 | forensic services
to all sexual assault survivors, or (iii) | ||||||
6 | transfer services to pediatric sexual assault survivors and | ||||||
7 | medical forensic services to sexual assault survivors 13 years | ||||||
8 | old or older, if it finds that the implementation of
the | ||||||
9 | proposed plan would provide (i) transfer services or (ii) | ||||||
10 | medical forensic services for
sexual assault survivors in | ||||||
11 | accordance with the requirements of this Act and provide | ||||||
12 | sufficient protections from the
risk of pregnancy to
sexual | ||||||
13 | assault survivors. Notwithstanding anything to the contrary in | ||||||
14 | this paragraph, the Department may approve a sexual assault | ||||||
15 | transfer plan for the provision of medical forensic services | ||||||
16 | until January 1, 2022 if: | ||||||
17 | (1) a treatment hospital with approved pediatric | ||||||
18 | transfer has agreed, as part of an areawide treatment | ||||||
19 | plan, to accept sexual assault survivors 13 years of age | ||||||
20 | or older from the proposed transfer hospital, if the | ||||||
21 | treatment hospital with approved pediatric transfer is | ||||||
22 | geographically closer to the transfer hospital than a | ||||||
23 | treatment hospital or another treatment hospital with | ||||||
24 | approved pediatric transfer and such transfer is not | ||||||
25 | unduly burdensome on the sexual assault survivor; and | ||||||
26 | (2) a treatment hospital has agreed, as a part of an |
| |||||||
| |||||||
1 | areawide treatment plan, to accept sexual assault | ||||||
2 | survivors under 13 years of age from the proposed transfer | ||||||
3 | hospital and transfer to the treatment hospital would not | ||||||
4 | unduly burden the sexual assault survivor. | ||||||
5 | The Department may not approve a sexual assault transfer | ||||||
6 | plan unless a treatment hospital has agreed, as a part of an | ||||||
7 | areawide treatment plan, to accept sexual assault survivors | ||||||
8 | from the proposed transfer hospital and a transfer to the | ||||||
9 | treatment hospital would not unduly burden the sexual assault | ||||||
10 | survivor. | ||||||
11 | In counties with a population of less than 1,000,000, the | ||||||
12 | Department may not approve a sexual assault transfer plan for | ||||||
13 | a hospital located within a 20-mile radius of a 4-year public | ||||||
14 | university, not including community colleges, unless there is | ||||||
15 | a treatment hospital with a sexual assault treatment plan | ||||||
16 | approved by the Department within a 20-mile radius of the | ||||||
17 | 4-year public university. | ||||||
18 | A transfer must be in accordance with federal and State | ||||||
19 | laws and local ordinances. | ||||||
20 | A treatment hospital with approved pediatric transfer must | ||||||
21 | submit an areawide treatment plan under Section 3-1 of this | ||||||
22 | Act that includes a written agreement with a treatment | ||||||
23 | hospital stating that the treatment hospital will provide | ||||||
24 | medical forensic services to pediatric sexual assault | ||||||
25 | survivors transferred from the treatment hospital with | ||||||
26 | approved pediatric transfer. The areawide treatment plan may |
| |||||||
| |||||||
1 | also include an approved pediatric health care facility. | ||||||
2 | A transfer hospital must submit an areawide treatment plan | ||||||
3 | under Section 3-1 of this Act that includes a written | ||||||
4 | agreement with a treatment hospital stating that the treatment | ||||||
5 | hospital will provide medical forensic services to all sexual | ||||||
6 | assault survivors transferred from the transfer hospital. The | ||||||
7 | areawide treatment plan may also include an approved pediatric | ||||||
8 | health care facility. Notwithstanding anything to the contrary | ||||||
9 | in this paragraph, until January 1, 2022, the areawide | ||||||
10 | treatment plan may include a written agreement with a | ||||||
11 | treatment hospital with approved pediatric transfer that is | ||||||
12 | geographically closer than other hospitals providing medical | ||||||
13 | forensic services to sexual assault survivors 13 years of age | ||||||
14 | or older stating that the treatment hospital with approved | ||||||
15 | pediatric transfer will provide medical services to sexual | ||||||
16 | assault survivors 13 years of age or older who are transferred | ||||||
17 | from the transfer hospital. If the areawide treatment plan | ||||||
18 | includes a written agreement with a treatment hospital with | ||||||
19 | approved pediatric transfer, it must also include a written | ||||||
20 | agreement with a treatment hospital stating that the treatment | ||||||
21 | hospital will provide medical forensic services to sexual | ||||||
22 | assault survivors under 13 years of age who are transferred | ||||||
23 | from the transfer hospital. | ||||||
24 | Beginning January 1, 2019, each treatment hospital and | ||||||
25 | treatment hospital with approved pediatric transfer shall | ||||||
26 | ensure that emergency department attending physicians, |
| |||||||
| |||||||
1 | physician assistants, advanced practice registered nurses, and | ||||||
2 | registered professional nurses providing clinical services, | ||||||
3 | who do not meet the definition of a qualified medical provider | ||||||
4 | in Section 1a-1 of this Act, receive a minimum of 2 hours of | ||||||
5 | sexual assault training by July 1, 2020 or until the treatment | ||||||
6 | hospital or treatment hospital with approved pediatric | ||||||
7 | transfer certifies to the Department, in a form and manner | ||||||
8 | prescribed by the Department, that it employs or contracts | ||||||
9 | with a qualified medical provider in accordance with | ||||||
10 | subsection (a-7) of Section 5-1, whichever occurs first. | ||||||
11 | After July 1, 2020 or once a treatment hospital or a | ||||||
12 | treatment hospital with approved pediatric transfer certifies | ||||||
13 | compliance with subsection (a-7) of Section 5-1, whichever | ||||||
14 | occurs first, each treatment hospital and treatment hospital | ||||||
15 | with approved pediatric transfer shall ensure that emergency | ||||||
16 | department attending physicians, physician assistants, | ||||||
17 | advanced practice registered nurses, and registered | ||||||
18 | professional nurses providing clinical services, who do not | ||||||
19 | meet the definition of a qualified medical provider in Section | ||||||
20 | 1a-1 of this Act, receive a minimum of 2 hours of continuing | ||||||
21 | education on responding to sexual assault survivors every 2 | ||||||
22 | years. Protocols for training shall be included in the | ||||||
23 | hospital's sexual assault treatment plan. | ||||||
24 | Sexual assault training provided under this subsection may | ||||||
25 | be provided in person or online and shall include, but not be | ||||||
26 | limited to: |
| |||||||
| |||||||
1 | (1) information provided on the provision of medical | ||||||
2 | forensic services; | ||||||
3 | (2) information on the use of the Illinois Sexual | ||||||
4 | Assault Evidence Collection Kit; | ||||||
5 | (3) information on sexual assault epidemiology, | ||||||
6 | neurobiology of trauma, drug-facilitated sexual assault, | ||||||
7 | child sexual abuse, and Illinois sexual assault-related | ||||||
8 | laws; and | ||||||
9 | (4) information on the hospital's sexual | ||||||
10 | assault-related policies and procedures. | ||||||
11 | The online training made available by the Office of the | ||||||
12 | Attorney General under subsection (b) of Section 10-1 may be | ||||||
13 | used to comply with this subsection. | ||||||
14 | (b) An approved pediatric health care facility may provide | ||||||
15 | medical forensic services, in accordance with rules adopted by | ||||||
16 | the Department, to all pediatric sexual assault survivors who | ||||||
17 | present for medical forensic services in relation to injuries | ||||||
18 | or trauma resulting from a sexual assault. These services | ||||||
19 | shall be provided by a qualified medical provider. | ||||||
20 | A pediatric health care facility must participate in or | ||||||
21 | submit an areawide treatment plan under Section 3-1 of this | ||||||
22 | Act that includes a treatment hospital. If a pediatric health | ||||||
23 | care facility does not provide certain medical or surgical | ||||||
24 | services that are provided by hospitals, the areawide sexual | ||||||
25 | assault treatment plan must include a procedure for ensuring a | ||||||
26 | sexual assault survivor in need of such medical or surgical |
| |||||||
| |||||||
1 | services receives the services at the treatment hospital. The | ||||||
2 | areawide treatment plan may also include a treatment hospital | ||||||
3 | with approved pediatric transfer. | ||||||
4 | The Department shall review a proposed sexual assault | ||||||
5 | treatment plan submitted by a pediatric health care facility | ||||||
6 | within 60 days after receipt of the plan. If the Department | ||||||
7 | finds that the proposed plan meets the minimum requirements | ||||||
8 | set forth in Section 5-1 of this Act and that implementation of | ||||||
9 | the proposed plan would provide medical forensic services for | ||||||
10 | pediatric sexual assault survivors, then the Department shall | ||||||
11 | approve the plan. If the Department does not approve a plan, | ||||||
12 | then the Department shall notify the pediatric health care | ||||||
13 | facility that the proposed plan has not been approved. The | ||||||
14 | pediatric health care facility shall have 30 days to submit a | ||||||
15 | revised plan. The Department shall review the revised plan | ||||||
16 | within 30 days after receipt of the plan and notify the | ||||||
17 | pediatric health care facility whether the revised plan is | ||||||
18 | approved or rejected. A pediatric health care facility may not | ||||||
19 | provide medical forensic services to pediatric sexual assault | ||||||
20 | survivors who present with a complaint of sexual assault | ||||||
21 | within a minimum of the last 7 days or who have disclosed past | ||||||
22 | sexual assault by a specific individual and were in the care of | ||||||
23 | that individual within a minimum of the last 7 days until the | ||||||
24 | Department has approved a treatment plan. | ||||||
25 | If an approved pediatric health care facility is not open | ||||||
26 | 24 hours a day, 7 days a week, it shall post signage at each |
| |||||||
| |||||||
1 | public entrance to its facility that: | ||||||
2 | (1) is at least 14 inches by 14 inches in size; | ||||||
3 | (2) directs those seeking services as follows: "If | ||||||
4 | closed, call 911 for services or go to the closest | ||||||
5 | hospital emergency department, (insert name) located at | ||||||
6 | (insert address)."; | ||||||
7 | (3) lists the approved pediatric health care | ||||||
8 | facility's hours of operation; | ||||||
9 | (4) lists the street address of the building; | ||||||
10 | (5) has a black background with white bold capital | ||||||
11 | lettering in a clear and easy to read font that is at least | ||||||
12 | 72-point type, and with "call 911" in at least 125-point | ||||||
13 | type; | ||||||
14 | (6) is posted clearly and conspicuously on or adjacent | ||||||
15 | to the door at each entrance and, if building materials | ||||||
16 | allow, is posted internally for viewing through glass; if | ||||||
17 | posted externally, the sign shall be made of | ||||||
18 | weather-resistant and theft-resistant materials, | ||||||
19 | non-removable, and adhered permanently to the building; | ||||||
20 | and | ||||||
21 | (7) has lighting that is part of the sign itself or is | ||||||
22 | lit with a dedicated light that fully illuminates the | ||||||
23 | sign. | ||||||
24 | (b-5) An approved federally qualified health center may | ||||||
25 | provide medical forensic services, in accordance with rules | ||||||
26 | adopted by the Department, to all sexual assault survivors 13 |
| |||||||
| |||||||
1 | years old or older who present for medical forensic services | ||||||
2 | in relation to injuries or trauma resulting from a sexual | ||||||
3 | assault during the duration, and 90 days thereafter, of a | ||||||
4 | proclamation issued by the Governor declaring a disaster, or a | ||||||
5 | successive proclamation regarding the same disaster, in all | ||||||
6 | 102 counties due to a public health emergency. These services | ||||||
7 | shall be provided by (i) a qualified medical provider, | ||||||
8 | physician, physician assistant, or advanced practice | ||||||
9 | registered nurse who has received a minimum of 10 hours of | ||||||
10 | sexual assault training provided by a qualified medical | ||||||
11 | provider on current Illinois legislation, how to properly | ||||||
12 | perform a medical forensic examination, evidence collection, | ||||||
13 | drug and alcohol facilitated sexual assault, and forensic | ||||||
14 | photography and has all documentation and photos peer reviewed | ||||||
15 | by a qualified medical provider
or (ii) until the federally | ||||||
16 | qualified health care center certifies to the Department, in a | ||||||
17 | form and manner prescribed by the Department, that it employs | ||||||
18 | or contracts with a qualified medical provider in accordance | ||||||
19 | with subsection (a-7) of Section 5-1, whichever occurs first. | ||||||
20 | A federally qualified health center must participate in or | ||||||
21 | submit an areawide treatment plan under Section 3-1 of this | ||||||
22 | Act that includes a treatment hospital. If a federally | ||||||
23 | qualified health center does not provide certain medical or | ||||||
24 | surgical services that are provided by hospitals, the areawide | ||||||
25 | sexual assault treatment plan must include a procedure for | ||||||
26 | ensuring a sexual assault survivor in need of such medical or |
| |||||||
| |||||||
1 | surgical services receives the services at the treatment | ||||||
2 | hospital. The areawide treatment plan may also include a | ||||||
3 | treatment hospital with approved pediatric transfer or an | ||||||
4 | approved pediatric health care facility. | ||||||
5 | The Department shall review a proposed sexual assault | ||||||
6 | treatment plan submitted by a federally qualified health | ||||||
7 | center within 14 days after receipt of the plan. If the | ||||||
8 | Department finds that the proposed plan meets the minimum | ||||||
9 | requirements set forth in Section 5-1 and that implementation | ||||||
10 | of the proposed plan would provide medical forensic services | ||||||
11 | for sexual assault survivors 13 years old or older, then the | ||||||
12 | Department shall approve the plan. If the Department does not | ||||||
13 | approve a plan, then the Department shall notify the federally | ||||||
14 | qualified health center that the proposed plan has not been | ||||||
15 | approved. The federally qualified health center shall have 14 | ||||||
16 | days to submit a revised plan. The Department shall review the | ||||||
17 | revised plan within 14 days after receipt of the plan and | ||||||
18 | notify the federally qualified health center whether the | ||||||
19 | revised plan is approved or rejected. A federally qualified | ||||||
20 | health center may not (i) provide medical forensic services to | ||||||
21 | sexual assault survivors 13 years old or older who present | ||||||
22 | with a complaint of sexual assault within a minimum of the | ||||||
23 | previous 7 days or (ii) who have disclosed past sexual assault | ||||||
24 | by a specific individual and were in the care of that | ||||||
25 | individual within a minimum of the previous 7 days until the | ||||||
26 | Department has approved a treatment plan. |
| |||||||
| |||||||
1 | If an approved federally qualified health center is not | ||||||
2 | open 24 hours a day, 7 days a week, it shall post signage at | ||||||
3 | each public entrance to its facility that: | ||||||
4 | (1) is at least 14 inches by 14 inches in size; | ||||||
5 | (2) directs those seeking services as follows: "If | ||||||
6 | closed, call 911 for services or go to the closest | ||||||
7 | hospital emergency department, (insert name) located at | ||||||
8 | (insert address)."; | ||||||
9 | (3) lists the approved federally qualified health | ||||||
10 | center's hours of operation; | ||||||
11 | (4) lists the street address of the building; | ||||||
12 | (5) has a black background with white bold capital | ||||||
13 | lettering in a clear and easy to read font that is at least | ||||||
14 | 72-point type, and with "call 911" in at least 125-point | ||||||
15 | type; | ||||||
16 | (6) is posted clearly and conspicuously on or adjacent | ||||||
17 | to the door at each entrance and, if building materials | ||||||
18 | allow, is posted internally for viewing through glass; if | ||||||
19 | posted externally, the sign shall be made of | ||||||
20 | weather-resistant and theft-resistant materials, | ||||||
21 | non-removable, and adhered permanently to the building; | ||||||
22 | and | ||||||
23 | (7) has lighting that is part of the sign itself or is | ||||||
24 | lit with a dedicated light that fully illuminates the | ||||||
25 | sign. | ||||||
26 | A copy of the proposed sign must be submitted to the |
| |||||||
| |||||||
1 | Department and approved as part of the approved federally | ||||||
2 | qualified health center's sexual assault treatment plan. | ||||||
3 | (c) Each treatment hospital, treatment hospital with | ||||||
4 | approved pediatric transfer, approved pediatric health care | ||||||
5 | facility, and approved federally qualified health center must | ||||||
6 | enter into a memorandum of understanding with a rape crisis | ||||||
7 | center for medical advocacy services, if these services are | ||||||
8 | available to the treatment hospital, treatment hospital with | ||||||
9 | approved pediatric transfer, approved pediatric health care | ||||||
10 | facility, or approved federally qualified health center. With | ||||||
11 | the consent of the sexual assault survivor, a rape crisis | ||||||
12 | counselor shall remain in the exam room during the collection | ||||||
13 | for forensic evidence. | ||||||
14 | (d) Every treatment hospital, treatment hospital with | ||||||
15 | approved pediatric transfer, approved pediatric health care | ||||||
16 | facility, and approved federally qualified health center's | ||||||
17 | sexual assault treatment plan shall include procedures for | ||||||
18 | complying with mandatory reporting requirements pursuant to | ||||||
19 | (1) the Abused and Neglected Child Reporting Act; (2) the | ||||||
20 | Abused and Neglected Long Term Care Facility Residents | ||||||
21 | Reporting Act; (3) the Adult Protective Services Act; and (iv) | ||||||
22 | the Criminal Identification Act. | ||||||
23 | (e) Each treatment hospital, treatment hospital with | ||||||
24 | approved pediatric transfer, approved pediatric health care | ||||||
25 | facility, and approved federally qualified health center shall | ||||||
26 | submit to the Department every 6 months, in a manner |
| |||||||
| |||||||
1 | prescribed by the Department, the following information: | ||||||
2 | (1) The total number of patients who presented with a | ||||||
3 | complaint of sexual assault. | ||||||
4 | (2) The total number of Illinois Sexual Assault | ||||||
5 | Evidence Collection Kits: | ||||||
6 | (A) offered to (i) all sexual assault survivors | ||||||
7 | and (ii) pediatric sexual assault survivors
pursuant | ||||||
8 | to paragraph (1.5) of subsection (a-5) of Section 5-1; | ||||||
9 | (B) completed for (i) all sexual assault survivors | ||||||
10 | and (ii) pediatric sexual assault
survivors; and | ||||||
11 | (C) declined by (i) all sexual assault survivors | ||||||
12 | and (ii) pediatric sexual assault survivors. | ||||||
13 | This information shall be made available on the | ||||||
14 | Department's website. | ||||||
15 | (f) This Section is repealed on December 31 June 30 , 2021.
| ||||||
16 | (Source: P.A. 101-634, eff. 6-5-20.)
| ||||||
17 | (410 ILCS 70/2.05) | ||||||
18 | Sec. 2.05. Department requirements. | ||||||
19 | (a) The Department shall periodically conduct on-site | ||||||
20 | reviews of approved sexual assault treatment plans with | ||||||
21 | hospital and approved pediatric health care facility personnel | ||||||
22 | to ensure that the established procedures are being followed. | ||||||
23 | Department personnel conducting the on-site reviews shall | ||||||
24 | attend 4 hours of sexual assault training conducted by a | ||||||
25 | qualified medical provider that includes, but is not limited |
| |||||||
| |||||||
1 | to, forensic evidence collection provided to sexual assault | ||||||
2 | survivors of any age and Illinois sexual assault-related laws | ||||||
3 | and administrative rules. | ||||||
4 | (b) On July 1, 2019 and each July 1 thereafter, the | ||||||
5 | Department shall submit a report to the General Assembly | ||||||
6 | containing information on the hospitals and pediatric health | ||||||
7 | care facilities in this State that have submitted a plan to | ||||||
8 | provide: (i) transfer services to all sexual assault | ||||||
9 | survivors, (ii) medical forensic services to all sexual | ||||||
10 | assault survivors, (iii) transfer services to pediatric sexual | ||||||
11 | assault survivors and medical forensic services to sexual | ||||||
12 | assault survivors 13 years old or older, or (iv) medical | ||||||
13 | forensic services to pediatric sexual assault survivors. The | ||||||
14 | Department shall post the report on its Internet website on or | ||||||
15 | before October 1, 2019 and, except as otherwise provided in | ||||||
16 | this Section, update the report every quarter thereafter. The | ||||||
17 | report shall include all of the following: | ||||||
18 | (1) Each hospital and pediatric care facility that has | ||||||
19 | submitted a plan, including the submission date of the | ||||||
20 | plan, type of plan submitted, and the date the plan was | ||||||
21 | approved or denied. If a pediatric health care facility | ||||||
22 | withdraws its plan, the Department shall immediately | ||||||
23 | update the report on its Internet website to remove the | ||||||
24 | pediatric health care facility's name and information. | ||||||
25 | (2) Each hospital that has failed to submit a plan as | ||||||
26 | required in subsection (a) of Section 2. |
| |||||||
| |||||||
1 | (3) Each hospital and approved pediatric care facility | ||||||
2 | that has to submit an acceptable Plan of Correction within | ||||||
3 | the time required by Section 2.1, including the date the | ||||||
4 | Plan of Correction was required to be submitted. Once a | ||||||
5 | hospital or approved pediatric health care facility | ||||||
6 | submits and implements the required Plan of Correction, | ||||||
7 | the Department shall immediately update the report on its | ||||||
8 | Internet website to reflect that hospital or approved | ||||||
9 | pediatric health care facility's compliance. | ||||||
10 | (4) Each hospital and approved pediatric care facility | ||||||
11 | at which the periodic on-site review required by Section | ||||||
12 | 2.05 of this Act has been conducted, including the date of | ||||||
13 | the on-site review and whether the hospital or approved | ||||||
14 | pediatric care facility was found to be in compliance with | ||||||
15 | its approved plan. | ||||||
16 | (5) Each areawide treatment plan submitted to the | ||||||
17 | Department pursuant to Section 3 of this Act, including | ||||||
18 | which treatment hospitals, treatment hospitals with | ||||||
19 | approved pediatric transfer, transfer hospitals and | ||||||
20 | approved pediatric health care facilities are identified | ||||||
21 | in each areawide treatment plan. | ||||||
22 | (c) The Department, in consultation with the Office of the | ||||||
23 | Attorney General, shall adopt administrative rules by January | ||||||
24 | 1, 2020 establishing a process for physicians and physician | ||||||
25 | assistants to provide documentation of training and clinical | ||||||
26 | experience that meets or is substantially similar to the |
| |||||||
| |||||||
1 | Sexual Assault Nurse Examiner Education Guidelines established | ||||||
2 | by the International Association of Forensic Nurses in order | ||||||
3 | to qualify as a sexual assault forensic examiner.
| ||||||
4 | (d) This Section is effective on and after January 1, 2022 | ||||||
5 | July 1, 2021 . | ||||||
6 | (Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
| ||||||
7 | (410 ILCS 70/2.05-1) | ||||||
8 | (Section scheduled to be repealed on June 30, 2021) | ||||||
9 | Sec. 2.05-1. Department requirements. | ||||||
10 | (a) The Department shall periodically conduct on-site | ||||||
11 | reviews of approved sexual assault treatment plans with | ||||||
12 | hospital, approved pediatric health care facility, and | ||||||
13 | approved federally qualified health care personnel to ensure | ||||||
14 | that the established procedures are being followed. Department | ||||||
15 | personnel conducting the on-site reviews shall attend 4 hours | ||||||
16 | of sexual assault training conducted by a qualified medical | ||||||
17 | provider that includes, but is not limited to, forensic | ||||||
18 | evidence collection provided to sexual assault survivors of | ||||||
19 | any age and Illinois sexual assault-related laws and | ||||||
20 | administrative rules. | ||||||
21 | (b) On July 1, 2019 and each July 1 thereafter, the | ||||||
22 | Department shall submit a report to the General Assembly | ||||||
23 | containing information on the hospitals, pediatric health care | ||||||
24 | facilities, and federally qualified health centers in this | ||||||
25 | State that have submitted a plan to provide: (i) transfer |
| |||||||
| |||||||
1 | services to all sexual assault survivors, (ii) medical | ||||||
2 | forensic services to all sexual assault survivors, (iii) | ||||||
3 | transfer services to pediatric sexual assault survivors and | ||||||
4 | medical forensic services to sexual assault survivors 13 years | ||||||
5 | old or older, or (iv) medical forensic services to pediatric | ||||||
6 | sexual assault survivors. The Department shall post the report | ||||||
7 | on its Internet website on or before October 1, 2019 and, | ||||||
8 | except as otherwise provided in this Section, update the | ||||||
9 | report every quarter thereafter. The report shall include all | ||||||
10 | of the following: | ||||||
11 | (1) Each hospital, pediatric care facility, and | ||||||
12 | federally qualified health center that has submitted a | ||||||
13 | plan, including the submission date of the plan, type of | ||||||
14 | plan submitted, and the date the plan was approved or | ||||||
15 | denied. If a pediatric health care facility withdraws its | ||||||
16 | plan, the Department shall immediately update the report | ||||||
17 | on its Internet website to remove the pediatric health | ||||||
18 | care facility's name and information. | ||||||
19 | (2) Each hospital that has failed to submit a plan as | ||||||
20 | required in subsection (a) of Section 2-1. | ||||||
21 | (3) Each hospital, approved pediatric care facility, | ||||||
22 | and federally qualified health center that has to submit | ||||||
23 | an acceptable Plan of Correction within the time required | ||||||
24 | by Section 2.1-1, including the date the Plan of | ||||||
25 | Correction was required to be submitted. Once a hospital, | ||||||
26 | approved pediatric health care facility, or approved |
| |||||||
| |||||||
1 | federally qualified health center submits and implements | ||||||
2 | the required Plan of Correction, the Department shall | ||||||
3 | immediately update the report on its Internet website to | ||||||
4 | reflect that hospital, approved pediatric health care | ||||||
5 | facility, or federally qualified health center's | ||||||
6 | compliance. | ||||||
7 | (4) Each hospital, approved pediatric care facility, | ||||||
8 | and federally qualified health center at which the | ||||||
9 | periodic on-site review required by Section 2.05-1 of this | ||||||
10 | Act has been conducted, including the date of the on-site | ||||||
11 | review and whether the hospital, approved pediatric care | ||||||
12 | facility, and federally qualified health center was found | ||||||
13 | to be in compliance with its approved plan. | ||||||
14 | (5) Each areawide treatment plan submitted to the | ||||||
15 | Department pursuant to Section 3-1 of this Act, including | ||||||
16 | which treatment hospitals, treatment hospitals with | ||||||
17 | approved pediatric transfer, transfer hospitals, approved | ||||||
18 | pediatric health care facilities, and approved federally | ||||||
19 | qualified health centers are identified in each areawide | ||||||
20 | treatment plan. | ||||||
21 | (6) During the duration, and 90 days thereafter, of a | ||||||
22 | proclamation issued by the Governor declaring a disaster, | ||||||
23 | or a successive proclamation regarding the same disaster, | ||||||
24 | in all 102 counties due to a public health emergency, the | ||||||
25 | Department shall immediately update the report on its | ||||||
26 | website to reflect each federally qualified health center |
| |||||||
| |||||||
1 | that has submitted a plan, including the submission date | ||||||
2 | of the plan, type of plan submitted, and the date the plan | ||||||
3 | was approved. | ||||||
4 | (c) The Department, in consultation with the Office of the | ||||||
5 | Attorney General, shall adopt administrative rules by January | ||||||
6 | 1, 2020 establishing a process for physicians and physician | ||||||
7 | assistants to provide documentation of training and clinical | ||||||
8 | experience that meets or is substantially similar to the | ||||||
9 | Sexual Assault Nurse Examiner Education Guidelines established | ||||||
10 | by the International Association of Forensic Nurses in order | ||||||
11 | to qualify as a sexual assault forensic examiner. | ||||||
12 | (d) This Section is repealed on December 31 June 30 , 2021.
| ||||||
13 | (Source: P.A. 101-634, eff. 6-5-20.)
| ||||||
14 | (410 ILCS 70/2.06) | ||||||
15 | Sec. 2.06. Consent to jurisdiction. | ||||||
16 | (a) A pediatric health care facility that submits a plan | ||||||
17 | to the Department for approval under Section 2 or an | ||||||
18 | out-of-state hospital that submits an areawide treatment plan | ||||||
19 | in accordance with subsection (b) of Section 5.4 consents to | ||||||
20 | the jurisdiction and oversight of the Department, including, | ||||||
21 | but not limited to, inspections, investigations, and | ||||||
22 | evaluations arising out of complaints relevant to this Act | ||||||
23 | made to the Department. A pediatric health care facility that | ||||||
24 | submits a plan to the Department for approval under Section 2 | ||||||
25 | or an out-of-state hospital that submits an areawide treatment |
| |||||||
| |||||||
1 | plan in accordance with subsection (b) of Section 5.4 shall be | ||||||
2 | deemed to have given consent to annual inspections, surveys, | ||||||
3 | or evaluations relevant to this Act by properly identified | ||||||
4 | personnel of the Department or by such other properly | ||||||
5 | identified persons, including local health department staff, | ||||||
6 | as the Department may designate. In addition, representatives | ||||||
7 | of the Department shall have access to and may reproduce or | ||||||
8 | photocopy any books, records, and other documents maintained | ||||||
9 | by the pediatric health care facility or the facility's | ||||||
10 | representatives or the out-of-state hospital or the | ||||||
11 | out-of-state hospital's representative to the extent necessary | ||||||
12 | to carry out this Act. No representative, agent, or person | ||||||
13 | acting on behalf of the pediatric health care facility or | ||||||
14 | out-of-state hospital in any manner shall intentionally | ||||||
15 | prevent, interfere with, or attempt to impede in any way any | ||||||
16 | duly authorized investigation and enforcement of this Act. The | ||||||
17 | Department shall have the power to adopt rules to carry out the | ||||||
18 | purpose of regulating a pediatric health care facility or | ||||||
19 | out-of-state hospital. In carrying out oversight of a | ||||||
20 | pediatric health care facility or an out-of-state hospital, | ||||||
21 | the Department shall respect the confidentiality of all | ||||||
22 | patient records, including by complying with the patient | ||||||
23 | record confidentiality requirements set out in Section 6.14b | ||||||
24 | of the Hospital Licensing Act.
| ||||||
25 | (b) This Section is effective on and after January 1, 2022 | ||||||
26 | July 1, 2021 . |
| |||||||
| |||||||
1 | (Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
| ||||||
2 | (410 ILCS 70/2.06-1) | ||||||
3 | (Section scheduled to be repealed on June 30, 2021) | ||||||
4 | Sec. 2.06-1. Consent to jurisdiction. | ||||||
5 | (a) A pediatric health care facility or federally | ||||||
6 | qualified health center that submits a plan to the Department | ||||||
7 | for approval under Section 2-1 or an out-of-state hospital | ||||||
8 | that submits an areawide treatment plan in accordance with | ||||||
9 | subsection (b) of Section 5.4 consents to the jurisdiction and | ||||||
10 | oversight of the Department, including, but not limited to, | ||||||
11 | inspections, investigations, and evaluations arising out of | ||||||
12 | complaints relevant to this Act made to the Department. A | ||||||
13 | pediatric health care facility or federally qualified health | ||||||
14 | center that submits a plan to the Department for approval | ||||||
15 | under Section 2-1 or an out-of-state hospital that submits an | ||||||
16 | areawide treatment plan in accordance with subsection (b) of | ||||||
17 | Section 5.4 shall be deemed to have given consent to annual | ||||||
18 | inspections, surveys, or evaluations relevant to this Act by | ||||||
19 | properly identified personnel of the Department or by such | ||||||
20 | other properly identified persons, including local health | ||||||
21 | department staff, as the Department may designate. In | ||||||
22 | addition, representatives of the Department shall have access | ||||||
23 | to and may reproduce or photocopy any books, records, and | ||||||
24 | other documents maintained by the pediatric health care | ||||||
25 | facility or the facility's representatives or the out-of-state |
| |||||||
| |||||||
1 | hospital or the out-of-state hospital's representative to the | ||||||
2 | extent necessary to carry out this Act. No representative, | ||||||
3 | agent, or person acting on behalf of the pediatric health care | ||||||
4 | facility, federally qualified health center, or out-of-state | ||||||
5 | hospital in any manner shall intentionally prevent, interfere | ||||||
6 | with, or attempt to impede in any way any duly authorized | ||||||
7 | investigation and enforcement of this Act. The Department | ||||||
8 | shall have the power to adopt rules to carry out the purpose of | ||||||
9 | regulating a pediatric health care facility or out-of-state | ||||||
10 | hospital. In carrying out oversight of a pediatric health care | ||||||
11 | facility, federally qualified health center, or an | ||||||
12 | out-of-state hospital, the Department shall respect the | ||||||
13 | confidentiality of all patient records, including by complying | ||||||
14 | with the patient record confidentiality requirements set out | ||||||
15 | in Section 6.14b of the Hospital Licensing Act. | ||||||
16 | (b) This Section is repealed on December 31 June 30 , 2021.
| ||||||
17 | (Source: P.A. 101-634, eff. 6-5-20.)
| ||||||
18 | (410 ILCS 70/2.1) (from Ch. 111 1/2, par. 87-2.1)
| ||||||
19 | Sec. 2.1. Plan of correction; penalties.
| ||||||
20 | (a) If the Department surveyor determines that
the | ||||||
21 | hospital or approved pediatric health care facility is not
in | ||||||
22 | compliance with its approved plan, the surveyor shall provide | ||||||
23 | the
hospital or approved pediatric health care facility with a | ||||||
24 | written list of the specific items of noncompliance within
10 | ||||||
25 | working days after the conclusion of the on-site review. The |
| |||||||
| |||||||
1 | hospital shall have
10 working days to submit to the | ||||||
2 | Department a plan of
correction which
contains the hospital's | ||||||
3 | or approved pediatric health care facility's specific | ||||||
4 | proposals for correcting the items of
noncompliance. The | ||||||
5 | Department shall review the plan of
correction and
notify the | ||||||
6 | hospital in writing within 10 working days as to whether the | ||||||
7 | plan is acceptable
or unacceptable.
| ||||||
8 | If the Department finds the Plan of Correction
| ||||||
9 | unacceptable, the
hospital or approved pediatric health care | ||||||
10 | facility shall have 10 working days to resubmit an acceptable | ||||||
11 | Plan of
Correction. Upon notification that its Plan of | ||||||
12 | Correction is acceptable, a
hospital or approved pediatric | ||||||
13 | health care facility shall implement the Plan of Correction | ||||||
14 | within 60 days.
| ||||||
15 | (b) The failure of a hospital to submit an acceptable Plan | ||||||
16 | of Correction or to implement
the Plan of Correction, within | ||||||
17 | the time frames required in this Section,
will subject a | ||||||
18 | hospital to the imposition of a fine by the Department. The
| ||||||
19 | Department may impose a fine of up to $500 per day
until a | ||||||
20 | hospital
complies with the requirements of this Section.
| ||||||
21 | If an approved pediatric health care facility fails to | ||||||
22 | submit an acceptable Plan of Correction or to implement the | ||||||
23 | Plan of Correction within the time frames required in this | ||||||
24 | Section, then the Department shall notify the approved | ||||||
25 | pediatric health care facility that the approved pediatric | ||||||
26 | health care facility may not provide medical forensic services |
| |||||||
| |||||||
1 | under this Act. The Department may impose a fine of up to $500 | ||||||
2 | per patient provided services in violation of this Act. | ||||||
3 | (c) Before imposing a fine pursuant to this Section, the | ||||||
4 | Department shall
provide the hospital or approved pediatric | ||||||
5 | health care facility via certified mail with written notice | ||||||
6 | and an
opportunity for an administrative hearing. Such hearing | ||||||
7 | must be requested
within 10 working days after receipt of the | ||||||
8 | Department's Notice.
All hearings
shall be conducted in | ||||||
9 | accordance with the Department's
rules
in
administrative | ||||||
10 | hearings.
| ||||||
11 | (d) This Section is effective on and after January 1, 2022 | ||||||
12 | July 1, 2031 . | ||||||
13 | (Source: P.A. 100-775, eff. 1-1-19; 101-81, eff. 7-12-19; | ||||||
14 | 101-634, eff. 6-5-20.)
| ||||||
15 | (410 ILCS 70/2.1-1) | ||||||
16 | (Section scheduled to be repealed on June 30, 2021) | ||||||
17 | Sec. 2.1-1. Plan of correction; penalties. | ||||||
18 | (a) If the Department surveyor determines that the | ||||||
19 | hospital, approved pediatric health care facility, or approved | ||||||
20 | federally qualified health center is not in compliance
with | ||||||
21 | its approved plan, the surveyor shall provide the hospital, | ||||||
22 | approved pediatric health care facility, or approved federally | ||||||
23 | qualified health center with a written list of the specific | ||||||
24 | items of noncompliance within 10 working days after the | ||||||
25 | conclusion of the on-site review. The hospital, approved |
| |||||||
| |||||||
1 | pediatric health care facility, or approved federally | ||||||
2 | qualified health center shall have 10 working days to submit | ||||||
3 | to the Department a plan of correction which contains the | ||||||
4 | hospital's, approved pediatric health care facility's, or | ||||||
5 | approved federally qualified health center's specific | ||||||
6 | proposals for correcting the items of noncompliance. The | ||||||
7 | Department shall review the plan of correction and notify the | ||||||
8 | hospital, approved pediatric health care facility, or approved | ||||||
9 | federally qualified health center in writing within 10 working | ||||||
10 | days as to whether the plan is acceptable or unacceptable. | ||||||
11 | If the Department finds the Plan of Correction | ||||||
12 | unacceptable, the hospital, approved pediatric health care | ||||||
13 | facility, or approved federally qualified health center shall | ||||||
14 | have 10 working days to resubmit an acceptable Plan of | ||||||
15 | Correction. Upon notification that its Plan of Correction is | ||||||
16 | acceptable, a hospital, approved pediatric health care | ||||||
17 | facility, or approved federally qualified health center shall | ||||||
18 | implement the Plan of Correction within 60 days. | ||||||
19 | (b) The failure of a hospital to submit an acceptable Plan | ||||||
20 | of Correction or to implement
the Plan of Correction, within | ||||||
21 | the time frames required in this Section,
will subject a | ||||||
22 | hospital to the imposition of a fine by the Department. The
| ||||||
23 | Department may impose a fine of up to $500 per day
until a | ||||||
24 | hospital
complies with the requirements of this Section. | ||||||
25 | If an approved pediatric health care facility or approved | ||||||
26 | federally qualified health center fails to submit an |
| |||||||
| |||||||
1 | acceptable Plan of Correction or to implement the Plan of | ||||||
2 | Correction within the time frames required in this Section, | ||||||
3 | then the Department shall notify the approved pediatric health | ||||||
4 | care facility or approved federally qualified health center | ||||||
5 | that the approved pediatric health care facility or approved | ||||||
6 | federally qualified health center may not provide medical | ||||||
7 | forensic services under this Act. The Department may impose a | ||||||
8 | fine of up to $500 per patient provided services in violation | ||||||
9 | of this Act. | ||||||
10 | (c) Before imposing a fine pursuant to this Section, the | ||||||
11 | Department shall provide the hospital, or approved pediatric | ||||||
12 | health care facility, or approved federally qualified health | ||||||
13 | center via certified mail with written notice and an | ||||||
14 | opportunity for an administrative hearing. Such hearing must | ||||||
15 | be requested within 10 working days after receipt of the | ||||||
16 | Department's Notice. All hearings shall be conducted in | ||||||
17 | accordance with the Department's rules in administrative | ||||||
18 | hearings. | ||||||
19 | (d) This Section is repealed on December 31 June 30 , 2021.
| ||||||
20 | (Source: P.A. 101-634, eff. 6-5-20.)
| ||||||
21 | (410 ILCS 70/2.2)
| ||||||
22 | Sec. 2.2. Emergency contraception.
| ||||||
23 | (a) The General Assembly finds:
| ||||||
24 | (1) Crimes of sexual assault and sexual abuse
cause | ||||||
25 | significant physical, emotional, and
psychological trauma |
| |||||||
| |||||||
1 | to the victims. This trauma is compounded by a victim's
| ||||||
2 | fear of becoming pregnant and bearing a child as a result | ||||||
3 | of the sexual
assault.
| ||||||
4 | (2) Each year over 32,000 women become pregnant in the | ||||||
5 | United States as
the result of rape and
approximately 50% | ||||||
6 | of these pregnancies end in abortion.
| ||||||
7 | (3) As approved for use by the Federal Food and Drug | ||||||
8 | Administration (FDA),
emergency contraception can | ||||||
9 | significantly reduce the risk of pregnancy if taken
within | ||||||
10 | 72 hours after the sexual assault.
| ||||||
11 | (4) By providing emergency contraception to rape | ||||||
12 | victims in a timely
manner, the trauma of rape can be | ||||||
13 | significantly reduced.
| ||||||
14 | (b) Every hospital or approved pediatric health care | ||||||
15 | facility providing services to sexual
assault survivors in | ||||||
16 | accordance with a plan approved under Section 2 must
develop a | ||||||
17 | protocol that ensures that each survivor of sexual
assault | ||||||
18 | will receive medically and factually accurate and written and | ||||||
19 | oral
information about emergency contraception; the | ||||||
20 | indications and contraindications
and risks associated with | ||||||
21 | the use of emergency
contraception;
and a description of how | ||||||
22 | and when victims may be provided emergency
contraception at no | ||||||
23 | cost upon
the written order of a physician licensed to | ||||||
24 | practice medicine
in all its branches, a licensed advanced | ||||||
25 | practice registered nurse, or a licensed physician assistant. | ||||||
26 | The Department shall approve the protocol if it finds
that the |
| |||||||
| |||||||
1 | implementation of the protocol would provide sufficient | ||||||
2 | protection
for survivors of sexual assault.
| ||||||
3 | The hospital or approved pediatric health care facility | ||||||
4 | shall implement the protocol upon approval by the Department.
| ||||||
5 | The Department shall adopt rules and regulations establishing | ||||||
6 | one or more safe
harbor protocols and setting minimum | ||||||
7 | acceptable protocol standards that
hospitals may develop and | ||||||
8 | implement. The Department shall approve any protocol
that | ||||||
9 | meets those standards. The Department may provide a sample | ||||||
10 | acceptable
protocol upon request.
| ||||||
11 | (c) This Section is effective on and after January 1, 2022 | ||||||
12 | July 1, 2021 . | ||||||
13 | (Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19; | ||||||
14 | 101-634, eff. 6-5-20.)
| ||||||
15 | (410 ILCS 70/2.2-1) | ||||||
16 | (Section scheduled to be repealed on June 30, 2021) | ||||||
17 | Sec. 2.2-1. Emergency contraception. | ||||||
18 | (a) The General Assembly finds: | ||||||
19 | (1) Crimes of sexual assault and sexual abuse
cause | ||||||
20 | significant physical, emotional, and
psychological trauma | ||||||
21 | to the victims. This trauma is compounded by a victim's
| ||||||
22 | fear of becoming pregnant and bearing a child as a result | ||||||
23 | of the sexual
assault. | ||||||
24 | (2) Each year over 32,000 women become pregnant in the | ||||||
25 | United States as
the result of rape and
approximately 50% |
| |||||||
| |||||||
1 | of these pregnancies end in abortion. | ||||||
2 | (3) As approved for use by the Federal Food and Drug | ||||||
3 | Administration (FDA),
emergency contraception can | ||||||
4 | significantly reduce the risk of pregnancy if taken
within | ||||||
5 | 72 hours after the sexual assault. | ||||||
6 | (4) By providing emergency contraception to rape | ||||||
7 | victims in a timely
manner, the trauma of rape can be | ||||||
8 | significantly reduced. | ||||||
9 | (b) Every hospital, approved pediatric health care | ||||||
10 | facility, or approved federally qualified health center | ||||||
11 | providing services to sexual assault survivors in accordance | ||||||
12 | with a plan approved under Section 2-1 must develop a protocol | ||||||
13 | that ensures that each survivor of sexual assault will receive | ||||||
14 | medically and factually accurate and written and oral | ||||||
15 | information about emergency contraception; the indications and | ||||||
16 | contraindications and risks associated with the use of | ||||||
17 | emergency contraception; and a description of how and when | ||||||
18 | victims may be provided emergency contraception at no cost | ||||||
19 | upon the written order of a physician licensed to practice | ||||||
20 | medicine
in all its branches, a licensed advanced practice | ||||||
21 | registered nurse, or a licensed physician assistant. The | ||||||
22 | Department shall approve the protocol if it finds that the | ||||||
23 | implementation of the protocol would provide sufficient | ||||||
24 | protection for survivors of sexual assault. | ||||||
25 | The hospital, approved pediatric health care facility, or | ||||||
26 | approved federally qualified health center shall implement the |
| |||||||
| |||||||
1 | protocol upon approval by the Department. The Department shall | ||||||
2 | adopt rules and regulations establishing one or more safe | ||||||
3 | harbor protocols and setting minimum acceptable protocol | ||||||
4 | standards that hospitals may develop and implement. The | ||||||
5 | Department shall approve any protocol that meets those | ||||||
6 | standards. The Department may provide a sample acceptable | ||||||
7 | protocol upon request. | ||||||
8 | (c) This Section is repealed on December 31 June 30 , 2021.
| ||||||
9 | (Source: P.A. 101-634, eff. 6-5-20.)
| ||||||
10 | (410 ILCS 70/3) (from Ch. 111 1/2, par. 87-3)
| ||||||
11 | Sec. 3. Areawide sexual assault treatment plans; | ||||||
12 | submission. | ||||||
13 | (a) Hospitals and approved pediatric health care | ||||||
14 | facilities in the area to be served may develop and | ||||||
15 | participate in areawide plans that shall describe the medical | ||||||
16 | forensic services to sexual assault survivors that each | ||||||
17 | participating hospital and approved pediatric health care | ||||||
18 | facility has agreed to make available. Each hospital and | ||||||
19 | approved pediatric health care facility participating in such | ||||||
20 | a plan shall provide such services as it is designated to | ||||||
21 | provide in the plan agreed upon by the participants. An | ||||||
22 | areawide plan may include treatment hospitals, treatment | ||||||
23 | hospitals with approved pediatric transfer, transfer | ||||||
24 | hospitals, approved pediatric health care facilities, or | ||||||
25 | out-of-state hospitals as provided in Section 5.4. All |
| |||||||
| |||||||
1 | areawide plans shall be submitted to the Department for | ||||||
2 | approval, prior to becoming effective. The Department shall | ||||||
3 | approve a proposed plan if it finds that the minimum | ||||||
4 | requirements set forth in Section 5 and implementation of the | ||||||
5 | plan would provide for appropriate medical forensic services | ||||||
6 | for the people of the area to be served.
| ||||||
7 | (b) This Section is effective on and after January 1, 2022 | ||||||
8 | July 1, 2021 . | ||||||
9 | (Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
| ||||||
10 | (410 ILCS 70/3-1) | ||||||
11 | (Section scheduled to be repealed on June 30, 2021) | ||||||
12 | Sec. 3-1. Areawide sexual assault treatment plans; | ||||||
13 | submission. | ||||||
14 | (a) Hospitals, approved pediatric health care facilities, | ||||||
15 | and approved federally qualified health centers in the area to | ||||||
16 | be served may develop and participate in areawide plans that | ||||||
17 | shall describe the medical forensic services to sexual assault | ||||||
18 | survivors that each participating hospital, approved pediatric | ||||||
19 | health care facility, and approved federally qualified health | ||||||
20 | centers has agreed to make
available. Each hospital, approved | ||||||
21 | pediatric health care facility, and approved federally | ||||||
22 | qualified health center participating in such a plan shall | ||||||
23 | provide such services as it is designated to provide in the | ||||||
24 | plan agreed upon by the participants. An areawide plan may | ||||||
25 | include treatment hospitals, treatment hospitals with approved |
| |||||||
| |||||||
1 | pediatric transfer, transfer hospitals, approved pediatric | ||||||
2 | health care facilities, approved federally qualified health | ||||||
3 | centers, or out-of-state hospitals as provided in Section 5.4. | ||||||
4 | All areawide plans shall be submitted to the Department for | ||||||
5 | approval, prior to becoming effective. The Department shall | ||||||
6 | approve a proposed plan if it finds that the minimum | ||||||
7 | requirements set forth in Section 5-1 and implementation of | ||||||
8 | the plan would provide for appropriate medical forensic | ||||||
9 | services for the people of the area to be served. | ||||||
10 | (b) This Section is repealed on December 31 June 30 , 2021.
| ||||||
11 | (Source: P.A. 101-634, eff. 6-5-20.)
| ||||||
12 | (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
| ||||||
13 | Sec. 5. Minimum requirements for medical forensic services | ||||||
14 | provided to sexual assault survivors by hospitals and approved | ||||||
15 | pediatric health care facilities.
| ||||||
16 | (a) Every hospital and approved pediatric health care | ||||||
17 | facility providing medical forensic services to
sexual assault | ||||||
18 | survivors under this Act
shall, as minimum requirements for | ||||||
19 | such services, provide, with the consent
of the sexual assault | ||||||
20 | survivor, and as ordered by the attending
physician, an | ||||||
21 | advanced practice registered nurse, or a physician assistant, | ||||||
22 | the services set forth in subsection (a-5).
| ||||||
23 | Beginning January 1, 2023 2022 , a qualified medical | ||||||
24 | provider must provide the services set forth in subsection | ||||||
25 | (a-5). |
| |||||||
| |||||||
1 | (a-5) A treatment hospital, a treatment hospital with | ||||||
2 | approved pediatric transfer, or an approved pediatric health | ||||||
3 | care facility shall provide the following services in | ||||||
4 | accordance with subsection (a): | ||||||
5 | (1) Appropriate medical forensic services without | ||||||
6 | delay, in a private, age-appropriate or | ||||||
7 | developmentally-appropriate space, required to ensure the | ||||||
8 | health, safety, and welfare
of a sexual assault survivor | ||||||
9 | and which may be
used as evidence in a criminal proceeding | ||||||
10 | against a person accused of the
sexual assault, in a | ||||||
11 | proceeding under the Juvenile Court Act of 1987, or in an | ||||||
12 | investigation under the Abused and Neglected Child | ||||||
13 | Reporting Act. | ||||||
14 | Records of medical forensic services, including | ||||||
15 | results of examinations and tests, the Illinois State | ||||||
16 | Police Medical Forensic Documentation Forms, the Illinois | ||||||
17 | State Police Patient Discharge Materials, and the Illinois | ||||||
18 | State Police Patient Consent: Collect and Test Evidence or | ||||||
19 | Collect and Hold Evidence Form, shall be maintained by the | ||||||
20 | hospital or approved pediatric health care facility as | ||||||
21 | part of the patient's electronic medical record. | ||||||
22 | Records of medical forensic services of sexual assault | ||||||
23 | survivors under the age of 18 shall be retained by the | ||||||
24 | hospital for a period of 60 years after the sexual assault | ||||||
25 | survivor reaches the age of 18. Records of medical | ||||||
26 | forensic services of sexual assault survivors 18 years of |
| |||||||
| |||||||
1 | age or older shall be retained by the hospital for a period | ||||||
2 | of 20 years after the date the record was created. | ||||||
3 | Records of medical forensic services may only be | ||||||
4 | disseminated in accordance with Section 6.5 of this Act | ||||||
5 | and other State and federal law.
| ||||||
6 | (1.5) An offer to complete the Illinois Sexual Assault | ||||||
7 | Evidence Collection Kit for any sexual assault survivor | ||||||
8 | who presents within a minimum of the last 7 days of the | ||||||
9 | assault or who has disclosed past sexual assault by a | ||||||
10 | specific individual and was in the care of that individual | ||||||
11 | within a minimum of the last 7 days. | ||||||
12 | (A) Appropriate oral and written information | ||||||
13 | concerning evidence-based guidelines for the | ||||||
14 | appropriateness of evidence collection depending on | ||||||
15 | the sexual development of the sexual assault survivor, | ||||||
16 | the type of sexual assault, and the timing of the | ||||||
17 | sexual assault shall be provided to the sexual assault | ||||||
18 | survivor. Evidence collection is encouraged for | ||||||
19 | prepubescent sexual assault survivors who present to a | ||||||
20 | hospital or approved pediatric health care facility | ||||||
21 | with a complaint of sexual assault within a minimum of | ||||||
22 | 96 hours after the sexual assault. | ||||||
23 | Before January 1, 2023 2022 , the information | ||||||
24 | required under this subparagraph shall be provided in | ||||||
25 | person by the health care professional providing | ||||||
26 | medical forensic services directly to the sexual |
| |||||||
| |||||||
1 | assault survivor. | ||||||
2 | On and after January 1, 2023 2022 , the information | ||||||
3 | required under this subparagraph shall be provided in | ||||||
4 | person by the qualified medical provider providing | ||||||
5 | medical forensic services directly to the sexual | ||||||
6 | assault survivor. | ||||||
7 | The written information provided shall be the | ||||||
8 | information created in accordance with Section 10 of | ||||||
9 | this Act. | ||||||
10 | (B) Following the discussion regarding the | ||||||
11 | evidence-based guidelines for evidence collection in | ||||||
12 | accordance with subparagraph (A), evidence collection | ||||||
13 | must be completed at the sexual assault survivor's | ||||||
14 | request. A sexual assault nurse examiner conducting an | ||||||
15 | examination using the Illinois State Police Sexual | ||||||
16 | Assault Evidence Collection Kit may do so without the | ||||||
17 | presence or participation of a physician. | ||||||
18 | (2) Appropriate oral and written information | ||||||
19 | concerning the possibility
of infection, sexually | ||||||
20 | transmitted infection, including an evaluation of the | ||||||
21 | sexual assault survivor's risk of contracting human | ||||||
22 | immunodeficiency virus (HIV) from sexual assault, and | ||||||
23 | pregnancy
resulting from sexual assault.
| ||||||
24 | (3) Appropriate oral and written information | ||||||
25 | concerning accepted medical
procedures, laboratory tests, | ||||||
26 | medication, and possible contraindications of such |
| |||||||
| |||||||
1 | medication
available for the prevention or treatment of | ||||||
2 | infection or disease resulting
from sexual assault.
| ||||||
3 | (3.5) After a medical evidentiary or physical | ||||||
4 | examination, access to a shower at no cost, unless | ||||||
5 | showering facilities are unavailable. | ||||||
6 | (4) An amount of medication, including HIV | ||||||
7 | prophylaxis, for treatment at the hospital or approved | ||||||
8 | pediatric health care facility and after discharge as is | ||||||
9 | deemed appropriate by the attending physician, an advanced | ||||||
10 | practice registered nurse, or a physician assistant in | ||||||
11 | accordance with the Centers for Disease Control and | ||||||
12 | Prevention guidelines and consistent with the hospital's | ||||||
13 | or approved pediatric health care facility's current | ||||||
14 | approved protocol for sexual assault survivors.
| ||||||
15 | (5) Photo documentation of the sexual assault | ||||||
16 | survivor's injuries, anatomy involved in the assault, or | ||||||
17 | other visible evidence on the sexual assault survivor's | ||||||
18 | body to supplement the medical forensic history and | ||||||
19 | written documentation of physical findings and evidence | ||||||
20 | beginning July 1, 2019. Photo documentation does not | ||||||
21 | replace written documentation of the injury.
| ||||||
22 | (6) Written and oral instructions indicating the need | ||||||
23 | for follow-up examinations and laboratory tests after the | ||||||
24 | sexual assault to determine the presence or absence of
| ||||||
25 | sexually transmitted infection.
| ||||||
26 | (7) Referral by hospital or approved pediatric health |
| |||||||
| |||||||
1 | care facility personnel for appropriate counseling.
| ||||||
2 | (8) Medical advocacy services provided by a rape | ||||||
3 | crisis counselor whose communications are protected under | ||||||
4 | Section 8-802.1 of the Code of Civil Procedure, if there | ||||||
5 | is a memorandum of understanding between the hospital or | ||||||
6 | approved pediatric health care facility and a rape crisis | ||||||
7 | center. With the consent of the sexual assault survivor, a | ||||||
8 | rape crisis counselor shall remain in the exam room during | ||||||
9 | the medical forensic examination.
| ||||||
10 | (9) Written information regarding services provided by | ||||||
11 | a Children's Advocacy Center and rape crisis center, if | ||||||
12 | applicable. | ||||||
13 | (10) A treatment hospital, a treatment hospital with | ||||||
14 | approved pediatric transfer, an out-of-state hospital as | ||||||
15 | defined in Section 5.4, or an approved pediatric health | ||||||
16 | care facility shall comply with the rules relating to the | ||||||
17 | collection and tracking of sexual assault evidence adopted | ||||||
18 | by the Department of State Police under Section 50 of the | ||||||
19 | Sexual Assault Evidence Submission Act. | ||||||
20 | (11) Written information regarding the Illinois State | ||||||
21 | Police sexual assault evidence tracking system. | ||||||
22 | (a-7) By January 1, 2023 2022 , every hospital with a | ||||||
23 | treatment plan approved by the Department shall employ or | ||||||
24 | contract with a qualified medical provider to initiate medical | ||||||
25 | forensic services to a sexual assault survivor within 90 | ||||||
26 | minutes of the patient presenting to the treatment hospital or |
| |||||||
| |||||||
1 | treatment hospital with approved pediatric transfer. The | ||||||
2 | provision of medical forensic services by a qualified medical | ||||||
3 | provider shall not delay the provision of life-saving medical | ||||||
4 | care. | ||||||
5 | (b) Any person who is a sexual assault survivor who seeks | ||||||
6 | medical forensic services or follow-up healthcare
under this | ||||||
7 | Act shall be provided such services without the consent
of any | ||||||
8 | parent, guardian, custodian, surrogate, or agent. If a sexual | ||||||
9 | assault survivor is unable to consent to medical forensic | ||||||
10 | services, the services may be provided under the Consent by | ||||||
11 | Minors to Medical Procedures Act, the Health Care Surrogate | ||||||
12 | Act, or other applicable State and federal laws.
| ||||||
13 | (b-5) Every hospital or approved pediatric health care | ||||||
14 | facility providing medical forensic services to sexual assault | ||||||
15 | survivors shall issue a voucher to any sexual assault survivor | ||||||
16 | who is eligible to receive one in accordance with Section 5.2 | ||||||
17 | of this Act. The hospital shall make a copy of the voucher and | ||||||
18 | place it in the medical record of the sexual assault survivor. | ||||||
19 | The hospital shall provide a copy of the voucher to the sexual | ||||||
20 | assault survivor after discharge upon request. | ||||||
21 | (c) Nothing in this Section creates a physician-patient | ||||||
22 | relationship that extends beyond discharge from the hospital | ||||||
23 | or approved pediatric health care facility.
| ||||||
24 | (d) This Section is effective on and after January 1, 2022 | ||||||
25 | July 1, 2021 . | ||||||
26 | (Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19; |
| |||||||
| |||||||
1 | 100-1087, eff. 1-1-19; 101-81, eff. 7-12-19; 101-377, eff. | ||||||
2 | 8-16-19; 101-634, eff. 6-5-20.)
| ||||||
3 | (410 ILCS 70/5-1) | ||||||
4 | (Section scheduled to be repealed on June 30, 2021) | ||||||
5 | Sec. 5-1. Minimum requirements for medical forensic | ||||||
6 | services provided to sexual assault survivors by hospitals, | ||||||
7 | approved pediatric health care facilities, and approved | ||||||
8 | federally qualified health centers. | ||||||
9 | (a) Every hospital, approved pediatric health care | ||||||
10 | facility, and approved federally qualified health center | ||||||
11 | providing medical forensic services to sexual assault | ||||||
12 | survivors under this Act shall, as minimum requirements for
| ||||||
13 | such services, provide, with the consent of the sexual assault | ||||||
14 | survivor, and as ordered by the attending physician, an | ||||||
15 | advanced practice registered nurse, or a physician assistant, | ||||||
16 | the services set forth in subsection (a-5). | ||||||
17 | Beginning January 1, 2023 2022 , a qualified medical | ||||||
18 | provider must provide the services set forth in subsection | ||||||
19 | (a-5). | ||||||
20 | (a-5) A treatment hospital, a treatment hospital with | ||||||
21 | approved pediatric transfer, or an approved pediatric health | ||||||
22 | care facility, or an approved federally qualified health | ||||||
23 | center shall provide the following services in accordance with | ||||||
24 | subsection (a): | ||||||
25 | (1) Appropriate medical forensic services without |
| |||||||
| |||||||
1 | delay, in a private, age-appropriate or | ||||||
2 | developmentally-appropriate space, required to ensure the | ||||||
3 | health, safety, and welfare
of a sexual assault survivor | ||||||
4 | and which may be
used as evidence in a criminal proceeding | ||||||
5 | against a person accused of the
sexual assault, in a | ||||||
6 | proceeding under the Juvenile Court Act of 1987, or in an | ||||||
7 | investigation under the Abused and Neglected Child | ||||||
8 | Reporting Act. | ||||||
9 | Records of medical forensic services, including | ||||||
10 | results of examinations and tests, the Illinois State | ||||||
11 | Police Medical Forensic Documentation Forms, the Illinois | ||||||
12 | State Police Patient Discharge Materials, and the Illinois | ||||||
13 | State Police Patient Consent: Collect and Test Evidence or | ||||||
14 | Collect and Hold Evidence Form, shall be maintained by the | ||||||
15 | hospital or approved pediatric health care facility as | ||||||
16 | part of the patient's electronic medical record. | ||||||
17 | Records of medical forensic services of sexual assault | ||||||
18 | survivors under the age of 18 shall be retained by the | ||||||
19 | hospital for a period of 60 years after the sexual assault | ||||||
20 | survivor reaches the age of 18. Records of medical | ||||||
21 | forensic services of sexual assault survivors 18 years of | ||||||
22 | age or older shall be retained by the hospital for a period | ||||||
23 | of 20 years after the date the record was created. | ||||||
24 | Records of medical forensic services may only be | ||||||
25 | disseminated in accordance with Section 6.5-1 of this Act | ||||||
26 | and other State and federal law. |
| |||||||
| |||||||
1 | (1.5) An offer to complete the Illinois Sexual Assault | ||||||
2 | Evidence Collection Kit for any sexual assault survivor | ||||||
3 | who presents within a minimum of the last 7 days of the | ||||||
4 | assault or who has disclosed past sexual assault by a | ||||||
5 | specific individual and was in the care of that individual | ||||||
6 | within a minimum of the last 7 days. | ||||||
7 | (A) Appropriate oral and written information | ||||||
8 | concerning evidence-based guidelines for the | ||||||
9 | appropriateness of evidence collection depending on | ||||||
10 | the sexual development of the sexual assault survivor, | ||||||
11 | the type of sexual assault, and the timing of the | ||||||
12 | sexual assault shall be provided to the sexual assault | ||||||
13 | survivor. Evidence collection is encouraged for | ||||||
14 | prepubescent sexual assault survivors who present to a | ||||||
15 | hospital or approved pediatric health care facility | ||||||
16 | with a complaint of sexual assault within a minimum of | ||||||
17 | 96 hours after the sexual assault. | ||||||
18 | Before January 1, 2023 2022 , the information | ||||||
19 | required under this subparagraph shall be provided in | ||||||
20 | person by the health care professional providing | ||||||
21 | medical forensic services directly to the sexual | ||||||
22 | assault survivor. | ||||||
23 | On and after January 1, 2023 2022 , the information | ||||||
24 | required under this subparagraph shall be provided in | ||||||
25 | person by the qualified medical provider providing | ||||||
26 | medical forensic services directly to the sexual |
| |||||||
| |||||||
1 | assault survivor. | ||||||
2 | The written information provided shall be the | ||||||
3 | information created in accordance with Section 10-1 of | ||||||
4 | this Act. | ||||||
5 | (B) Following the discussion regarding the | ||||||
6 | evidence-based guidelines for evidence collection in | ||||||
7 | accordance with subparagraph (A), evidence collection | ||||||
8 | must be completed at the sexual assault survivor's | ||||||
9 | request. A sexual assault nurse examiner conducting an | ||||||
10 | examination using the Illinois State Police Sexual | ||||||
11 | Assault Evidence Collection Kit may do so without the | ||||||
12 | presence or participation of a physician. | ||||||
13 | (2) Appropriate oral and written information | ||||||
14 | concerning the possibility
of infection, sexually | ||||||
15 | transmitted infection, including an evaluation of the | ||||||
16 | sexual assault survivor's risk of contracting human | ||||||
17 | immunodeficiency virus (HIV) from sexual assault, and | ||||||
18 | pregnancy
resulting from sexual assault. | ||||||
19 | (3) Appropriate oral and written information | ||||||
20 | concerning accepted medical
procedures, laboratory tests, | ||||||
21 | medication, and possible contraindications of such | ||||||
22 | medication
available for the prevention or treatment of | ||||||
23 | infection or disease resulting
from sexual assault. | ||||||
24 | (3.5) After a medical evidentiary or physical | ||||||
25 | examination, access to a shower at no cost, unless | ||||||
26 | showering facilities are unavailable. |
| |||||||
| |||||||
1 | (4) An amount of medication, including HIV | ||||||
2 | prophylaxis, for treatment at the hospital or approved | ||||||
3 | pediatric health care facility and after discharge as is | ||||||
4 | deemed appropriate by the attending physician, an advanced | ||||||
5 | practice registered nurse, or a physician assistant in | ||||||
6 | accordance with the Centers for Disease Control and | ||||||
7 | Prevention guidelines and consistent with the hospital's | ||||||
8 | or approved pediatric health care facility's current | ||||||
9 | approved protocol for sexual assault survivors. | ||||||
10 | (5) Photo documentation of the sexual assault | ||||||
11 | survivor's injuries, anatomy involved in the assault, or | ||||||
12 | other visible evidence on the sexual assault survivor's | ||||||
13 | body to supplement the medical forensic history and | ||||||
14 | written documentation of physical findings and evidence | ||||||
15 | beginning July 1, 2019. Photo documentation does not | ||||||
16 | replace written documentation of the injury. | ||||||
17 | (6) Written and oral instructions indicating the need | ||||||
18 | for follow-up examinations and laboratory tests after the | ||||||
19 | sexual assault to determine the presence or absence of
| ||||||
20 | sexually transmitted infection. | ||||||
21 | (7) Referral by hospital or approved pediatric health | ||||||
22 | care facility personnel for appropriate counseling. | ||||||
23 | (8) Medical advocacy services provided by a rape | ||||||
24 | crisis counselor whose communications are protected under | ||||||
25 | Section 8-802.1 of the Code of Civil Procedure, if there | ||||||
26 | is a memorandum of understanding between the hospital or |
| |||||||
| |||||||
1 | approved pediatric health care facility and a rape crisis | ||||||
2 | center. With the consent of the sexual assault survivor, a | ||||||
3 | rape crisis counselor shall remain in the exam room during | ||||||
4 | the medical forensic examination. | ||||||
5 | (9) Written information regarding services provided by | ||||||
6 | a Children's Advocacy Center and rape crisis center, if | ||||||
7 | applicable. | ||||||
8 | (10) A treatment hospital, a treatment hospital with | ||||||
9 | approved pediatric transfer, an out-of-state hospital as | ||||||
10 | defined in Section 5.4, or an approved pediatric health | ||||||
11 | care facility shall comply with the rules relating to the | ||||||
12 | collection and tracking of sexual assault evidence adopted | ||||||
13 | by the Department of State Police under Section 50 of the | ||||||
14 | Sexual Assault Evidence Submission Act. | ||||||
15 | (11) Written information regarding the Illinois State | ||||||
16 | Police sexual assault evidence tracking system. | ||||||
17 | (a-7) By January 1, 2023 2022 , every hospital with a | ||||||
18 | treatment plan approved by the Department shall employ or | ||||||
19 | contract with a qualified medical provider to initiate medical | ||||||
20 | forensic services to a sexual assault survivor within 90 | ||||||
21 | minutes of the patient presenting to the treatment hospital or | ||||||
22 | treatment hospital with approved pediatric transfer. The | ||||||
23 | provision of medical forensic services by a qualified medical | ||||||
24 | provider shall not delay the provision of life-saving medical | ||||||
25 | care. | ||||||
26 | (b) Any person who is a sexual assault survivor who seeks |
| |||||||
| |||||||
1 | medical forensic services or follow-up healthcare
under this | ||||||
2 | Act shall be provided such services without the consent
of any | ||||||
3 | parent, guardian, custodian, surrogate, or agent. If a sexual | ||||||
4 | assault survivor is unable to consent to medical forensic | ||||||
5 | services, the services may be provided under the Consent by | ||||||
6 | Minors to Medical Procedures Act, the Health Care Surrogate | ||||||
7 | Act, or other applicable State and federal laws. | ||||||
8 | (b-5) Every hospital, approved pediatric health care | ||||||
9 | facility, or approved federally qualified health center | ||||||
10 | providing medical forensic services to sexual assault | ||||||
11 | survivors shall issue a voucher to any sexual assault survivor | ||||||
12 | who is eligible to receive one in accordance with Section | ||||||
13 | 5.2-1 of this Act. The hospital, approved pediatric health | ||||||
14 | care facility, or approved federally qualified health center | ||||||
15 | shall make a copy of the voucher and place it in the medical | ||||||
16 | record of the sexual assault survivor. The hospital, approved | ||||||
17 | pediatric health care facility, or approved federally
| ||||||
18 | qualified health center shall provide a copy of the voucher to | ||||||
19 | the sexual assault survivor after discharge upon request. | ||||||
20 | (c) Nothing in this Section creates a physician-patient | ||||||
21 | relationship that extends beyond discharge from the hospital, | ||||||
22 | or approved pediatric health care facility, or approved | ||||||
23 | federally qualified health center. | ||||||
24 | (d) This Section is repealed on December 31 June 30 , 2021.
| ||||||
25 | (Source: P.A. 101-634, eff. 6-5-20.)
|
| |||||||
| |||||||
1 | (410 ILCS 70/5.1) | ||||||
2 | Sec. 5.1. Storage, retention, and dissemination of photo | ||||||
3 | documentation relating to medical forensic services. | ||||||
4 | (a) Photo documentation taken during a medical forensic | ||||||
5 | examination shall be maintained by the hospital or approved | ||||||
6 | pediatric health care facility as part of the patient's | ||||||
7 | medical record. | ||||||
8 | Photo documentation shall be stored and backed up securely | ||||||
9 | in its original file format in accordance with facility | ||||||
10 | protocol. The facility protocol shall require limited access | ||||||
11 | to the images and be included in the sexual assault treatment | ||||||
12 | plan submitted to the Department. | ||||||
13 | Photo documentation of a sexual assault survivor under the | ||||||
14 | age of 18 shall be retained for a period of 60 years after the | ||||||
15 | sexual assault survivor reaches the age of 18. Photo | ||||||
16 | documentation of a sexual assault survivor 18 years of age or | ||||||
17 | older shall be retained for a period of 20 years after the | ||||||
18 | record was created. | ||||||
19 | Photo documentation of the sexual assault survivor's | ||||||
20 | injuries, anatomy involved in the assault, or other visible | ||||||
21 | evidence on the sexual assault survivor's body may be used for | ||||||
22 | peer review, expert second opinion, or in a criminal | ||||||
23 | proceeding against a person accused of sexual assault, a | ||||||
24 | proceeding under the Juvenile Court Act of 1987, or in an | ||||||
25 | investigation under the Abused and Neglected Child Reporting | ||||||
26 | Act. Any dissemination of photo documentation, including for |
| |||||||
| |||||||
1 | peer review, an expert second opinion, or in any court or | ||||||
2 | administrative proceeding or investigation, must be in | ||||||
3 | accordance with State and federal law.
| ||||||
4 | (b) This Section is effective on and after January 1, 2022 | ||||||
5 | July 1, 2021 . | ||||||
6 | (Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
| ||||||
7 | (410 ILCS 70/5.1-1) | ||||||
8 | (Section scheduled to be repealed on June 30, 2021) | ||||||
9 | Sec. 5.1-1. Storage, retention, and dissemination of photo | ||||||
10 | documentation relating to medical forensic services. | ||||||
11 | (a) Photo documentation taken during a medical forensic | ||||||
12 | examination shall be maintained by the hospital, approved | ||||||
13 | pediatric health care facility, or approved federally | ||||||
14 | qualified health center as part of the patient's medical | ||||||
15 | record. | ||||||
16 | Photo documentation shall be stored and backed up securely | ||||||
17 | in its original file format in accordance with facility | ||||||
18 | protocol. The facility protocol shall require limited access | ||||||
19 | to the images and be included in the sexual assault treatment | ||||||
20 | plan submitted to the Department. | ||||||
21 | Photo documentation of a sexual assault survivor under the | ||||||
22 | age of 18 shall be retained for a period of 60 years after the | ||||||
23 | sexual assault survivor reaches the age of 18. Photo | ||||||
24 | documentation of a sexual assault survivor 18 years of age or | ||||||
25 | older shall be retained for a period of 20 years after the |
| |||||||
| |||||||
1 | record was created. | ||||||
2 | Photo documentation of the sexual assault survivor's | ||||||
3 | injuries, anatomy involved in the assault, or other visible | ||||||
4 | evidence on the sexual assault survivor's body may be used for | ||||||
5 | peer review, expert second opinion, or in a criminal | ||||||
6 | proceeding against a person accused of sexual assault, a | ||||||
7 | proceeding under the Juvenile Court Act of 1987, or in an | ||||||
8 | investigation under the Abused and Neglected Child Reporting | ||||||
9 | Act. Any dissemination of photo documentation, including for | ||||||
10 | peer review, an expert second opinion, or in any court or | ||||||
11 | administrative proceeding or investigation, must be in | ||||||
12 | accordance with State and federal law. | ||||||
13 | (b) This Section is repealed on December 31 June 30 , 2021.
| ||||||
14 | (Source: P.A. 101-634, eff. 6-5-20.)
| ||||||
15 | (410 ILCS 70/5.2) | ||||||
16 | Sec. 5.2. Sexual assault services voucher. | ||||||
17 | (a) A sexual assault services voucher shall be issued by a | ||||||
18 | treatment hospital, treatment hospital with approved pediatric | ||||||
19 | transfer, or approved pediatric health care facility at the | ||||||
20 | time a sexual assault survivor receives medical forensic | ||||||
21 | services. | ||||||
22 | (b) Each treatment hospital, treatment hospital with | ||||||
23 | approved pediatric transfer, and approved pediatric health | ||||||
24 | care facility must include in its sexual assault treatment | ||||||
25 | plan submitted to the Department in accordance with Section 2 |
| |||||||
| |||||||
1 | of this Act a protocol for issuing sexual assault services | ||||||
2 | vouchers. The protocol shall, at a minimum, include the | ||||||
3 | following: | ||||||
4 | (1) Identification of employee positions responsible | ||||||
5 | for issuing sexual assault services vouchers. | ||||||
6 | (2) Identification of employee positions with access | ||||||
7 | to the Medical Electronic Data Interchange or successor | ||||||
8 | system. | ||||||
9 | (3) A statement to be signed by each employee of an | ||||||
10 | approved pediatric health care facility with access to the | ||||||
11 | Medical Electronic Data Interchange or successor system | ||||||
12 | affirming that the Medical Electronic Data Interchange or | ||||||
13 | successor system will only be used for the purpose of | ||||||
14 | issuing sexual assault services vouchers. | ||||||
15 | (c) A sexual assault services voucher may be used to seek | ||||||
16 | payment for any ambulance services, medical forensic services, | ||||||
17 | laboratory services, pharmacy services, and follow-up | ||||||
18 | healthcare provided as a result of the sexual assault. | ||||||
19 | (d) Any treatment hospital, treatment hospital with | ||||||
20 | approved pediatric transfer, approved pediatric health care | ||||||
21 | facility, health care professional, ambulance provider, | ||||||
22 | laboratory, or pharmacy may submit a bill for services | ||||||
23 | provided to a sexual assault survivor as a result of a sexual | ||||||
24 | assault to the Department of Healthcare and Family Services | ||||||
25 | Sexual Assault Emergency Treatment Program. The bill shall | ||||||
26 | include: |
| |||||||
| |||||||
1 | (1) the name and date of birth of the sexual assault | ||||||
2 | survivor; | ||||||
3 | (2) the service provided; | ||||||
4 | (3) the charge of service; | ||||||
5 | (4) the date the service was provided; and | ||||||
6 | (5) the recipient identification number, if known. | ||||||
7 | A health care professional, ambulance provider, | ||||||
8 | laboratory, or pharmacy is not required to submit a copy of the | ||||||
9 | sexual assault services voucher. | ||||||
10 | The Department of Healthcare and Family Services Sexual | ||||||
11 | Assault Emergency Treatment Program shall electronically | ||||||
12 | verify, using the Medical Electronic Data Interchange or a | ||||||
13 | successor system, that a sexual assault services voucher was | ||||||
14 | issued to a sexual assault survivor prior to issuing payment | ||||||
15 | for the services. | ||||||
16 | If a sexual assault services voucher was not issued to a | ||||||
17 | sexual assault survivor by the treatment hospital, treatment | ||||||
18 | hospital with approved pediatric transfer, or approved | ||||||
19 | pediatric health care facility, then a health care | ||||||
20 | professional, ambulance provider, laboratory, or pharmacy may | ||||||
21 | submit a request to the Department of Healthcare and Family | ||||||
22 | Services Sexual Assault Emergency Treatment Program to issue a | ||||||
23 | sexual assault services voucher.
| ||||||
24 | (e) This Section is effective on and after January 1, 2022 | ||||||
25 | July 1, 2021 . | ||||||
26 | (Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
|
| |||||||
| |||||||
1 | (410 ILCS 70/5.2-1) | ||||||
2 | (Section scheduled to be repealed on June 30, 2021) | ||||||
3 | Sec. 5.2-1. Sexual assault services voucher. | ||||||
4 | (a) A sexual assault services voucher shall be issued by a | ||||||
5 | treatment hospital, treatment hospital with approved pediatric | ||||||
6 | transfer, approved pediatric health care facility, or approved | ||||||
7 | federally qualified health center at the time a sexual assault | ||||||
8 | survivor receives medical forensic services. | ||||||
9 | (b) Each treatment hospital, treatment hospital with | ||||||
10 | approved pediatric transfer, approved pediatric health care | ||||||
11 | facility, and approved federally qualified health center must | ||||||
12 | include in its sexual assault treatment plan submitted to
the | ||||||
13 | Department in accordance with Section 2-1 of this Act a | ||||||
14 | protocol for issuing sexual assault services vouchers. The | ||||||
15 | protocol shall, at a minimum, include the following: | ||||||
16 | (1) Identification of employee positions responsible | ||||||
17 | for issuing sexual assault services vouchers. | ||||||
18 | (2) Identification of employee positions with access | ||||||
19 | to the Medical Electronic Data Interchange or successor | ||||||
20 | system. | ||||||
21 | (3) A statement to be signed by each employee of an | ||||||
22 | approved pediatric health care facility or approved | ||||||
23 | federally qualified health center with access to the | ||||||
24 | Medical Electronic Data Interchange or successor system | ||||||
25 | affirming that the Medical Electronic Data Interchange or |
| |||||||
| |||||||
1 | successor system will only be used for the purpose of | ||||||
2 | issuing sexual assault services vouchers. | ||||||
3 | (c) A sexual assault services voucher may be used to seek | ||||||
4 | payment for any ambulance services, medical forensic services, | ||||||
5 | laboratory services, pharmacy services, and follow-up | ||||||
6 | healthcare provided as a result of the sexual assault. | ||||||
7 | (d) Any treatment hospital, treatment hospital with | ||||||
8 | approved pediatric transfer, approved pediatric health care | ||||||
9 | facility, approved federally qualified health center, health | ||||||
10 | care professional, ambulance provider, laboratory, or pharmacy | ||||||
11 | may submit a bill for services provided to a sexual assault | ||||||
12 | survivor as a result of a sexual assault to the Department of | ||||||
13 | Healthcare and Family Services Sexual Assault Emergency
| ||||||
14 | Treatment Program. The bill shall include: | ||||||
15 | (1) the name and date of birth of the sexual assault | ||||||
16 | survivor; | ||||||
17 | (2) the service provided; | ||||||
18 | (3) the charge of service; | ||||||
19 | (4) the date the service was provided; and | ||||||
20 | (5) the recipient identification number, if known. | ||||||
21 | A health care professional, ambulance provider, | ||||||
22 | laboratory, or pharmacy is not required to submit a copy of the | ||||||
23 | sexual assault services voucher. | ||||||
24 | The Department of Healthcare and Family Services Sexual | ||||||
25 | Assault Emergency Treatment Program shall electronically | ||||||
26 | verify, using the Medical Electronic Data Interchange or a |
| |||||||
| |||||||
1 | successor system, that a sexual assault services voucher was | ||||||
2 | issued to a sexual assault survivor prior to issuing payment | ||||||
3 | for the services. | ||||||
4 | If a sexual assault services voucher was not issued to a | ||||||
5 | sexual assault survivor by the treatment hospital, treatment | ||||||
6 | hospital with approved pediatric transfer, approved pediatric | ||||||
7 | health care facility, or approved federally qualified health | ||||||
8 | center, then a health care professional, ambulance provider, | ||||||
9 | laboratory, or pharmacy may submit a request to the Department | ||||||
10 | of Healthcare and Family Services Sexual Assault Emergency | ||||||
11 | Treatment Program to issue a sexual assault services voucher. | ||||||
12 | (e) This Section is repealed on December 31 June 30 , 2021.
| ||||||
13 | (Source: P.A. 101-634, eff. 6-5-20.)
| ||||||
14 | (410 ILCS 70/5.3) | ||||||
15 | Sec. 5.3. Pediatric sexual assault care. | ||||||
16 | (a) The General Assembly finds: | ||||||
17 | (1) Pediatric sexual assault survivors can suffer from | ||||||
18 | a wide range of health problems across their life span. In | ||||||
19 | addition to immediate health issues, such as sexually | ||||||
20 | transmitted infections, physical injuries, and | ||||||
21 | psychological trauma, child sexual abuse victims are at | ||||||
22 | greater risk for a plethora of adverse psychological and | ||||||
23 | somatic problems into adulthood in contrast to those who | ||||||
24 | were not sexually abused. | ||||||
25 | (2) Sexual abuse against the pediatric population is |
| |||||||
| |||||||
1 | distinct, particularly due to their dependence on their | ||||||
2 | caregivers and the ability of perpetrators to manipulate | ||||||
3 | and silence them (especially when the perpetrators are | ||||||
4 | family members or other adults trusted by, or with power | ||||||
5 | over, children). Sexual abuse is often hidden by | ||||||
6 | perpetrators, unwitnessed by others, and may leave no | ||||||
7 | obvious physical signs on child victims. | ||||||
8 | (3) Pediatric sexual assault survivors throughout the | ||||||
9 | State should have access to qualified medical providers | ||||||
10 | who have received specialized training regarding the care | ||||||
11 | of pediatric sexual assault survivors within a reasonable | ||||||
12 | distance from their home. | ||||||
13 | (4) There is a need in Illinois to increase the number | ||||||
14 | of qualified medical providers available to provide | ||||||
15 | medical forensic services to pediatric sexual assault | ||||||
16 | survivors. | ||||||
17 | (b) If a medically stable pediatric sexual assault | ||||||
18 | survivor presents at a transfer hospital or treatment hospital | ||||||
19 | with approved pediatric transfer that has a plan approved by | ||||||
20 | the Department requesting medical forensic services, then the | ||||||
21 | hospital emergency department staff shall contact an approved | ||||||
22 | pediatric health care facility, if one is designated in the | ||||||
23 | hospital's plan. | ||||||
24 | If the transferring hospital confirms that medical | ||||||
25 | forensic services can be initiated within 90 minutes of the | ||||||
26 | patient's arrival at the approved pediatric health care |
| |||||||
| |||||||
1 | facility following an immediate transfer, then the hospital | ||||||
2 | emergency department staff shall notify the patient and | ||||||
3 | non-offending parent or legal guardian that the patient will | ||||||
4 | be transferred for medical forensic services and shall provide | ||||||
5 | the patient and non-offending parent or legal guardian the | ||||||
6 | option of being transferred to the approved pediatric health | ||||||
7 | care facility or the treatment hospital designated in the | ||||||
8 | hospital's plan. The pediatric sexual assault survivor may be | ||||||
9 | transported by ambulance, law enforcement, or personal | ||||||
10 | vehicle. | ||||||
11 | If medical forensic services cannot be initiated within 90 | ||||||
12 | minutes of the patient's arrival at the approved pediatric | ||||||
13 | health care facility, there is no approved pediatric health | ||||||
14 | care facility designated in the hospital's plan, or the | ||||||
15 | patient or non-offending parent or legal guardian chooses to | ||||||
16 | be transferred to a treatment hospital, the hospital emergency | ||||||
17 | department staff shall contact a treatment hospital designated | ||||||
18 | in the hospital's plan to arrange for the transfer of the | ||||||
19 | patient to the treatment hospital for medical forensic | ||||||
20 | services, which are to be initiated within 90 minutes of the | ||||||
21 | patient's arrival at the treatment hospital. The treatment | ||||||
22 | hospital shall provide medical forensic services and may not | ||||||
23 | transfer the patient to another facility. The pediatric sexual | ||||||
24 | assault survivor may be transported by ambulance, law | ||||||
25 | enforcement, or personal vehicle. | ||||||
26 | (c) If a medically stable pediatric sexual assault |
| |||||||
| |||||||
1 | survivor presents at a treatment hospital that has a plan | ||||||
2 | approved by the Department requesting medical forensic | ||||||
3 | services, then the hospital emergency department staff shall | ||||||
4 | contact an approved pediatric health care facility, if one is | ||||||
5 | designated in the treatment hospital's areawide treatment | ||||||
6 | plan. | ||||||
7 | If medical forensic services can be initiated within 90 | ||||||
8 | minutes after the patient's arrival at the approved pediatric | ||||||
9 | health care facility following an immediate transfer, the | ||||||
10 | hospital emergency department staff shall provide the patient | ||||||
11 | and non-offending parent or legal guardian the option of | ||||||
12 | having medical forensic services performed at the treatment | ||||||
13 | hospital or at the approved pediatric health care facility. If | ||||||
14 | the patient or non-offending parent or legal guardian chooses | ||||||
15 | to be transferred, the pediatric sexual assault survivor may | ||||||
16 | be transported by ambulance, law enforcement, or personal | ||||||
17 | vehicle. | ||||||
18 | If medical forensic services cannot be initiated within 90 | ||||||
19 | minutes after the patient's arrival to the approved pediatric | ||||||
20 | health care facility, there is no approved pediatric health | ||||||
21 | care facility designated in the hospital's plan, or the | ||||||
22 | patient or non-offending parent or legal guardian chooses not | ||||||
23 | to be transferred, the hospital shall provide medical forensic | ||||||
24 | services to the patient. | ||||||
25 | (d) If a pediatric sexual assault survivor presents at an | ||||||
26 | approved pediatric health care facility requesting medical |
| |||||||
| |||||||
1 | forensic services or the facility is contacted by law | ||||||
2 | enforcement or the Department of Children and Family Services | ||||||
3 | requesting medical forensic services for a pediatric sexual | ||||||
4 | assault survivor, the services shall be provided at the | ||||||
5 | facility if the medical forensic services can be initiated | ||||||
6 | within 90 minutes after the patient's arrival at the facility. | ||||||
7 | If medical forensic services cannot be initiated within 90 | ||||||
8 | minutes after the patient's arrival at the facility, then the | ||||||
9 | patient shall be transferred to a treatment hospital | ||||||
10 | designated in the approved pediatric health care facility's | ||||||
11 | plan for medical forensic services. The pediatric sexual | ||||||
12 | assault survivor may be transported by ambulance, law | ||||||
13 | enforcement, or personal vehicle.
| ||||||
14 | (e) This Section is effective on and after January 1, 2022 | ||||||
15 | July 1, 2021 . | ||||||
16 | (Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
| ||||||
17 | (410 ILCS 70/5.3-1) | ||||||
18 | (Section scheduled to be repealed on June 30, 2021) | ||||||
19 | Sec. 5.3-1. Pediatric sexual assault care. | ||||||
20 | (a) The General Assembly finds: | ||||||
21 | (1) Pediatric sexual assault survivors can suffer from | ||||||
22 | a wide range of health problems across their life span. In | ||||||
23 | addition to immediate health issues, such as sexually | ||||||
24 | transmitted infections, physical injuries, and | ||||||
25 | psychological trauma, child sexual abuse victims are at |
| |||||||
| |||||||
1 | greater risk for a plethora of adverse psychological and | ||||||
2 | somatic problems into adulthood in contrast to those who | ||||||
3 | were not sexually abused. | ||||||
4 | (2) Sexual abuse against the pediatric population is | ||||||
5 | distinct, particularly due to their dependence on their | ||||||
6 | caregivers and the ability of perpetrators to manipulate | ||||||
7 | and silence them (especially when the perpetrators are | ||||||
8 | family members or other adults trusted by, or with power | ||||||
9 | over, children). Sexual abuse is often hidden by | ||||||
10 | perpetrators, unwitnessed by others, and may leave no | ||||||
11 | obvious physical signs on child victims. | ||||||
12 | (3) Pediatric sexual assault survivors throughout the | ||||||
13 | State should have access to qualified medical providers | ||||||
14 | who have received specialized training regarding the care | ||||||
15 | of pediatric sexual assault survivors within a reasonable | ||||||
16 | distance from their home. | ||||||
17 | (4) There is a need in Illinois to increase the number | ||||||
18 | of qualified medical providers available to provide | ||||||
19 | medical forensic services to pediatric sexual assault | ||||||
20 | survivors. | ||||||
21 | (b) If a medically stable pediatric sexual assault | ||||||
22 | survivor presents at a transfer hospital, treatment hospital | ||||||
23 | with approved pediatric transfer, or an approved federally | ||||||
24 | qualified health center that has a plan approved by the | ||||||
25 | Department requesting medical forensic services, then the | ||||||
26 | hospital emergency department staff or approved federally |
| |||||||
| |||||||
1 | qualified health center staff shall contact an approved | ||||||
2 | pediatric health care facility, if one is designated in the | ||||||
3 | hospital's or an approved federally qualified health center's | ||||||
4 | plan. | ||||||
5 | If the transferring hospital or approved federally | ||||||
6 | qualified health center confirms that medical forensic | ||||||
7 | services can be initiated within 90 minutes of the patient's | ||||||
8 | arrival at the approved pediatric health care facility | ||||||
9 | following an immediate transfer, then the hospital emergency | ||||||
10 | department or approved federally qualified health center staff | ||||||
11 | shall notify the patient and non-offending parent or legal | ||||||
12 | guardian that the patient will be transferred for medical | ||||||
13 | forensic services and shall provide the patient and | ||||||
14 | non-offending parent or legal guardian the option of being | ||||||
15 | transferred to the approved pediatric health care facility or | ||||||
16 | the treatment hospital designated in the hospital's or | ||||||
17 | approved federally qualified health center's plan. The | ||||||
18 | pediatric sexual
assault survivor may be transported by | ||||||
19 | ambulance, law enforcement, or personal vehicle. | ||||||
20 | If medical forensic services cannot be initiated within 90 | ||||||
21 | minutes of the patient's arrival at the approved pediatric | ||||||
22 | health care facility, there is no approved pediatric health | ||||||
23 | care facility designated in the hospital's or approved | ||||||
24 | federally qualified health center's plan, or the patient or | ||||||
25 | non-offending parent or legal guardian chooses to be | ||||||
26 | transferred to a treatment hospital, the hospital emergency |
| |||||||
| |||||||
1 | department or approved federally qualified health center staff | ||||||
2 | shall contact a treatment hospital designated in the | ||||||
3 | hospital's or approved federally qualified health center's | ||||||
4 | plan to arrange for the transfer of the patient to the | ||||||
5 | treatment hospital for medical forensic services, which are to | ||||||
6 | be initiated within 90 minutes of the patient's arrival at the | ||||||
7 | treatment hospital. The treatment hospital shall provide | ||||||
8 | medical forensic services and may not transfer the patient to | ||||||
9 | another facility. The pediatric sexual assault survivor may be | ||||||
10 | transported by ambulance, law enforcement, or personal | ||||||
11 | vehicle. | ||||||
12 | (c) If a medically stable pediatric sexual assault | ||||||
13 | survivor presents at a treatment hospital that has a plan | ||||||
14 | approved by the Department requesting medical forensic | ||||||
15 | services, then the hospital emergency department staff shall | ||||||
16 | contact an approved pediatric health care facility, if one is | ||||||
17 | designated in the treatment hospital's areawide treatment | ||||||
18 | plan. | ||||||
19 | If medical forensic services can be initiated within 90 | ||||||
20 | minutes after the patient's arrival at the approved pediatric | ||||||
21 | health care facility following an immediate transfer, the | ||||||
22 | hospital emergency department staff shall provide the patient | ||||||
23 | and non-offending parent or legal guardian the option of | ||||||
24 | having medical forensic services performed at the treatment | ||||||
25 | hospital or at the approved pediatric health care facility. If | ||||||
26 | the patient or non-offending parent or legal guardian chooses |
| |||||||
| |||||||
1 | to be transferred, the pediatric sexual assault survivor may | ||||||
2 | be transported by ambulance, law enforcement, or personal | ||||||
3 | vehicle. | ||||||
4 | If medical forensic services cannot be initiated within 90 | ||||||
5 | minutes after the patient's arrival to the approved pediatric | ||||||
6 | health care facility, there is no approved pediatric health | ||||||
7 | care facility designated in the hospital's plan, or the | ||||||
8 | patient or non-offending parent or legal guardian chooses not | ||||||
9 | to be transferred, the hospital shall provide medical forensic | ||||||
10 | services to the patient. | ||||||
11 | (d) If a pediatric sexual assault survivor presents at an | ||||||
12 | approved pediatric health care facility requesting medical | ||||||
13 | forensic services or the facility is contacted by law | ||||||
14 | enforcement or the Department of Children and Family Services | ||||||
15 | requesting medical forensic services for a pediatric sexual | ||||||
16 | assault survivor, the services shall be provided at the | ||||||
17 | facility if the medical forensic services can be initiated | ||||||
18 | within 90 minutes after the patient's arrival at the facility. | ||||||
19 | If medical forensic services cannot be initiated within 90 | ||||||
20 | minutes after the patient's arrival at the facility, then the | ||||||
21 | patient shall be transferred to a treatment hospital | ||||||
22 | designated in the approved pediatric health care facility's | ||||||
23 | plan for medical forensic services. The pediatric sexual | ||||||
24 | assault survivor may be transported by ambulance, law | ||||||
25 | enforcement, or personal vehicle. | ||||||
26 | (e) This Section is repealed on December 31 June 30 , 2021.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-634, eff. 6-5-20.)
| ||||||
2 | (410 ILCS 70/5.5) | ||||||
3 | Sec. 5.5. Minimum reimbursement requirements for follow-up | ||||||
4 | healthcare. | ||||||
5 | (a) Every hospital, pediatric health care facility, health | ||||||
6 | care professional, laboratory, or pharmacy that provides | ||||||
7 | follow-up healthcare to a sexual assault survivor, with the | ||||||
8 | consent of the sexual assault survivor and as ordered by the | ||||||
9 | attending physician, an advanced practice registered nurse, or | ||||||
10 | physician assistant shall be reimbursed for the follow-up | ||||||
11 | healthcare services provided. Follow-up healthcare services | ||||||
12 | include, but are not limited to, the following: | ||||||
13 | (1) a physical examination; | ||||||
14 | (2) laboratory tests to determine the presence or | ||||||
15 | absence of sexually transmitted infection; and | ||||||
16 | (3) appropriate medications, including HIV | ||||||
17 | prophylaxis, in accordance with the Centers for Disease | ||||||
18 | Control and Prevention's guidelines. | ||||||
19 | (b) Reimbursable follow-up healthcare is limited to office | ||||||
20 | visits with a physician, advanced practice registered nurse, | ||||||
21 | or physician assistant within 90 days after an initial visit | ||||||
22 | for hospital medical forensic services. | ||||||
23 | (c) Nothing in this Section requires a hospital, pediatric | ||||||
24 | health care facility, health care professional, laboratory, or | ||||||
25 | pharmacy to provide follow-up healthcare to a sexual assault |
| |||||||
| |||||||
1 | survivor.
| ||||||
2 | (d) This Section is effective on and after January 1, 2022 | ||||||
3 | July 1, 2021 . | ||||||
4 | (Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19; | ||||||
5 | 101-634, eff. 6-5-20.)
| ||||||
6 | (410 ILCS 70/5.5-1) | ||||||
7 | (Section scheduled to be repealed on June 30, 2021) | ||||||
8 | Sec. 5.5-1. Minimum reimbursement requirements for | ||||||
9 | follow-up healthcare. | ||||||
10 | (a) Every hospital, pediatric health care facility, | ||||||
11 | federally qualified health center, health care professional, | ||||||
12 | laboratory, or pharmacy that provides follow-up healthcare to | ||||||
13 | a sexual assault survivor, with the consent of the sexual | ||||||
14 | assault survivor and as ordered by the attending physician, an | ||||||
15 | advanced practice registered nurse, or physician assistant | ||||||
16 | shall be reimbursed for the follow-up healthcare services | ||||||
17 | provided. Follow-up healthcare services include, but are not | ||||||
18 | limited to, the following: | ||||||
19 | (1) a physical examination; | ||||||
20 | (2) laboratory tests to determine the presence or | ||||||
21 | absence of sexually transmitted infection; and | ||||||
22 | (3) appropriate medications, including HIV | ||||||
23 | prophylaxis, in accordance with the Centers for Disease | ||||||
24 | Control and Prevention's guidelines. | ||||||
25 | (b) Reimbursable follow-up healthcare is limited to office |
| |||||||
| |||||||
1 | visits with a physician, advanced practice registered nurse, | ||||||
2 | or physician assistant within 90 days after an initial visit | ||||||
3 | for hospital medical forensic services. | ||||||
4 | (c) Nothing in this Section requires a hospital, pediatric | ||||||
5 | health care facility, federally qualified health center, | ||||||
6 | health care professional, laboratory, or pharmacy to provide | ||||||
7 | follow-up healthcare to a sexual assault survivor. | ||||||
8 | (d) This Section is repealed on December 31 June 30 , 2021.
| ||||||
9 | (Source: P.A. 101-634, eff. 6-5-20.)
| ||||||
10 | (410 ILCS 70/6.1) (from Ch. 111 1/2, par. 87-6.1)
| ||||||
11 | Sec. 6.1. Minimum standards. | ||||||
12 | (a) The Department shall
prescribe minimum standards, | ||||||
13 | rules, and
regulations necessary
to implement this Act and the | ||||||
14 | changes made by this amendatory Act of the 100th General | ||||||
15 | Assembly, which shall apply to every hospital
required to be | ||||||
16 | licensed by the Department that provides general medical and | ||||||
17 | surgical hospital services and to every approved pediatric | ||||||
18 | health care facility.
Such standards shall include, but not be | ||||||
19 | limited to, a
uniform system for recording results of medical | ||||||
20 | examinations
and all diagnostic tests performed in connection | ||||||
21 | therewith to
determine the condition and necessary treatment | ||||||
22 | of
sexual assault survivors, which results shall be preserved | ||||||
23 | in a
confidential manner as part of the hospital's or approved | ||||||
24 | pediatric health care facility's record of the sexual assault | ||||||
25 | survivor.
|
| |||||||
| |||||||
1 | (b) This Section is effective on and after January 1, 2022 | ||||||
2 | July 1, 2021 . | ||||||
3 | (Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
| ||||||
4 | (410 ILCS 70/6.1-1) | ||||||
5 | (Section scheduled to be repealed on June 30, 2021) | ||||||
6 | Sec. 6.1-1. Minimum standards. | ||||||
7 | (a) The Department shall prescribe minimum standards, | ||||||
8 | rules, and regulations necessary to implement this Act and the | ||||||
9 | changes made by this amendatory Act of the 101st General | ||||||
10 | Assembly, which shall apply to every hospital required to be | ||||||
11 | licensed by the Department that provides general medical and | ||||||
12 | surgical hospital services and to every approved pediatric | ||||||
13 | health care facility and approved federally qualified health | ||||||
14 | center. Such standards shall include, but not be limited to, a | ||||||
15 | uniform system for recording results of medical examinations | ||||||
16 | and all diagnostic tests performed in connection therewith to | ||||||
17 | determine the condition and necessary treatment of sexual | ||||||
18 | assault survivors, which results shall be preserved in a | ||||||
19 | confidential manner as part of the hospital's, approved | ||||||
20 | pediatric health care facility's,
or approved federally | ||||||
21 | qualified health center's record of the sexual assault | ||||||
22 | survivor. | ||||||
23 | (b) This Section is repealed on December 31 June 30 , 2021.
| ||||||
24 | (Source: P.A. 101-634, eff. 6-5-20.)
|
| |||||||
| |||||||
1 | (410 ILCS 70/6.2) (from Ch. 111 1/2, par. 87-6.2)
| ||||||
2 | Sec. 6.2. Assistance and grants. | ||||||
3 | (a) The Department shall
assist in the development and | ||||||
4 | operation
of programs which provide medical forensic services | ||||||
5 | to sexual assault
survivors, and, where necessary, to provide | ||||||
6 | grants to hospitals and approved pediatric health care | ||||||
7 | facilities for
this purpose.
| ||||||
8 | (b) This Section is effective on and after January 1, 2022 | ||||||
9 | July 1, 2021 . | ||||||
10 | (Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
| ||||||
11 | (410 ILCS 70/6.2-1) | ||||||
12 | (Section scheduled to be repealed on June 30, 2021) | ||||||
13 | Sec. 6.2-1. Assistance and grants. | ||||||
14 | (a) The Department shall assist in the development and | ||||||
15 | operation of programs which provide medical forensic services | ||||||
16 | to sexual assault survivors, and, where necessary, to provide | ||||||
17 | grants to hospitals, approved pediatric health care | ||||||
18 | facilities, and approved federally qualified health centers | ||||||
19 | for this purpose. | ||||||
20 | (b) This Section is repealed on December 31 June 30 , 2021.
| ||||||
21 | (Source: P.A. 101-634, eff. 6-5-20.)
| ||||||
22 | (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
| ||||||
23 | Sec. 6.4. Sexual assault evidence collection program.
| ||||||
24 | (a) There is created a statewide sexual assault evidence |
| |||||||
| |||||||
1 | collection program
to facilitate the prosecution of persons | ||||||
2 | accused of sexual assault. This
program shall be administered | ||||||
3 | by the Illinois
State Police. The program shall
consist of the | ||||||
4 | following: (1) distribution of sexual assault evidence
| ||||||
5 | collection kits which have been approved by the Illinois
State | ||||||
6 | Police to hospitals and approved pediatric health care | ||||||
7 | facilities that request them, or arranging for
such | ||||||
8 | distribution by the manufacturer of the kits, (2) collection | ||||||
9 | of the kits
from hospitals and approved pediatric health care | ||||||
10 | facilities after the kits have been used to collect
evidence, | ||||||
11 | (3) analysis of the collected evidence and conducting of | ||||||
12 | laboratory
tests, (4) maintaining the chain of custody and | ||||||
13 | safekeeping of the evidence
for use in a legal proceeding, and | ||||||
14 | (5) the comparison of the collected evidence with the genetic | ||||||
15 | marker grouping analysis information maintained by the | ||||||
16 | Department of State Police under Section 5-4-3 of the Unified | ||||||
17 | Code of Corrections and with the information contained in the | ||||||
18 | Federal Bureau of Investigation's National DNA database; | ||||||
19 | provided the amount and quality of genetic marker grouping | ||||||
20 | results obtained from the evidence in the sexual assault case | ||||||
21 | meets the requirements of both the Department of State Police | ||||||
22 | and the Federal Bureau of Investigation's Combined DNA Index | ||||||
23 | System (CODIS) policies. The standardized evidence collection | ||||||
24 | kit for
the State of Illinois shall be the Illinois State | ||||||
25 | Police Sexual Assault Evidence Kit and shall include a written | ||||||
26 | consent form authorizing law enforcement to test the sexual |
| |||||||
| |||||||
1 | assault evidence and to provide law enforcement with details | ||||||
2 | of the sexual assault.
| ||||||
3 | (a-5) (Blank).
| ||||||
4 | (b) The Illinois State Police shall administer a program | ||||||
5 | to train hospital and approved pediatric health care facility | ||||||
6 | personnel participating in the sexual assault evidence | ||||||
7 | collection
program, in the correct use and application of the | ||||||
8 | sexual assault evidence
collection kits. The Department
shall
| ||||||
9 | cooperate with the Illinois State Police in this
program as it | ||||||
10 | pertains to medical aspects of the evidence collection.
| ||||||
11 | (c) (Blank).
| ||||||
12 | (d) This Section is effective on and after January 1, 2022 | ||||||
13 | July 1, 2021 . | ||||||
14 | (Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
| ||||||
15 | (410 ILCS 70/6.4-1) | ||||||
16 | (Section scheduled to be repealed on June 30, 2021) | ||||||
17 | Sec. 6.4-1. Sexual assault evidence collection program. | ||||||
18 | (a) There is created a statewide sexual assault evidence | ||||||
19 | collection program to facilitate the prosecution of persons | ||||||
20 | accused of sexual assault. This program shall be administered | ||||||
21 | by the Illinois State Police. The program shall consist of the | ||||||
22 | following: (1) distribution of sexual assault evidence | ||||||
23 | collection kits which have been approved by the Illinois State | ||||||
24 | Police to hospitals, approved pediatric health care | ||||||
25 | facilities, and approved federally qualified health centers |
| |||||||
| |||||||
1 | that request them, or arranging for such distribution by the | ||||||
2 | manufacturer of the kits, (2) collection of the kits from | ||||||
3 | hospitals and approved pediatric health care facilities after
| ||||||
4 | the kits have been used to collect evidence, (3) analysis of | ||||||
5 | the collected evidence and conducting of laboratory tests, (4) | ||||||
6 | maintaining the chain of custody and safekeeping of the | ||||||
7 | evidence for use in a legal proceeding, and (5) the comparison | ||||||
8 | of the collected evidence with the genetic marker grouping | ||||||
9 | analysis information maintained by the Department of State | ||||||
10 | Police under Section 5-4-3 of the Unified Code of Corrections | ||||||
11 | and with the information contained in the Federal Bureau of | ||||||
12 | Investigation's National DNA database; provided the amount and | ||||||
13 | quality of genetic marker grouping results obtained from the | ||||||
14 | evidence in the sexual assault case meets the requirements of | ||||||
15 | both the Department of State Police and the Federal Bureau of | ||||||
16 | Investigation's Combined DNA Index System (CODIS) policies. | ||||||
17 | The standardized evidence collection kit for the State of | ||||||
18 | Illinois shall be the Illinois State Police Sexual Assault | ||||||
19 | Evidence Kit and shall include a written consent form | ||||||
20 | authorizing law enforcement to test the sexual assault | ||||||
21 | evidence and to provide law enforcement with details of the | ||||||
22 | sexual assault. | ||||||
23 | (a-5) (Blank). | ||||||
24 | (b) The Illinois State Police shall administer a program | ||||||
25 | to train hospital, and approved pediatric health care | ||||||
26 | facility, and approved federally qualified health center |
| |||||||
| |||||||
1 | personnel participating in the sexual assault evidence | ||||||
2 | collection program, in the correct use and application of the | ||||||
3 | sexual assault evidence collection kits. The Department shall
| ||||||
4 | cooperate with the Illinois State Police in this program as it | ||||||
5 | pertains to medical aspects of the evidence collection. | ||||||
6 | (c) (Blank). | ||||||
7 | (d) This Section is repealed on December 31 June 30 , 2021.
| ||||||
8 | (Source: P.A. 101-634, eff. 6-5-20.)
| ||||||
9 | (410 ILCS 70/6.5) | ||||||
10 | Sec. 6.5. Written consent to the release of sexual assault | ||||||
11 | evidence for testing. | ||||||
12 | (a) Upon the completion of medical forensic services, the | ||||||
13 | health care professional providing the medical forensic | ||||||
14 | services shall provide the patient the opportunity to sign a | ||||||
15 | written consent to allow law enforcement to submit the sexual | ||||||
16 | assault evidence for testing, if collected. The written | ||||||
17 | consent shall be on a form included in the sexual assault | ||||||
18 | evidence collection kit and posted on the Illinois State | ||||||
19 | Police website. The consent form shall include whether the | ||||||
20 | survivor consents to the release of information about the | ||||||
21 | sexual assault to law enforcement. | ||||||
22 | (1) A survivor 13 years of age or older may sign the | ||||||
23 | written consent to release the evidence for testing. | ||||||
24 | (2) If the survivor is a minor who is under 13 years of | ||||||
25 | age, the written consent to release the sexual assault |
| |||||||
| |||||||
1 | evidence for testing may be signed by the parent, | ||||||
2 | guardian, investigating law enforcement officer, or | ||||||
3 | Department of Children and Family Services. | ||||||
4 | (3) If the survivor is an adult who has a guardian of | ||||||
5 | the person, a health care surrogate, or an agent acting | ||||||
6 | under a health care power of attorney, the consent of the | ||||||
7 | guardian, surrogate, or agent is not required to release | ||||||
8 | evidence and information concerning the sexual assault or | ||||||
9 | sexual abuse. If the adult is unable to provide consent | ||||||
10 | for the release of evidence and information and a | ||||||
11 | guardian, surrogate, or agent under a health care power of | ||||||
12 | attorney is unavailable or unwilling to release the | ||||||
13 | information, then an investigating law enforcement officer | ||||||
14 | may authorize the release. | ||||||
15 | (4) Any health care professional or health care | ||||||
16 | institution, including any hospital or approved pediatric | ||||||
17 | health care facility, who provides evidence or information | ||||||
18 | to a law enforcement officer under a written consent as | ||||||
19 | specified in this Section is immune from any civil or | ||||||
20 | professional liability that might arise from those | ||||||
21 | actions, with the exception of willful or wanton | ||||||
22 | misconduct. The immunity provision applies only if all of | ||||||
23 | the requirements of this Section are met. | ||||||
24 | (b) The hospital or approved pediatric health care | ||||||
25 | facility shall keep a copy of a signed or unsigned written | ||||||
26 | consent form in the patient's medical record. |
| |||||||
| |||||||
1 | (c) If a written consent to allow law enforcement to hold | ||||||
2 | the sexual assault evidence is signed at the completion of | ||||||
3 | medical forensic services, the hospital or approved pediatric | ||||||
4 | health care facility shall include the following information | ||||||
5 | in its discharge instructions: | ||||||
6 | (1) the sexual assault evidence will be stored for 10 | ||||||
7 | years from the completion of an Illinois State Police | ||||||
8 | Sexual Assault Evidence Collection Kit, or 10 years from | ||||||
9 | the age of 18 years, whichever is longer; | ||||||
10 | (2) a person authorized to consent to the testing of | ||||||
11 | the sexual assault evidence may sign a written consent to | ||||||
12 | allow law enforcement to test the sexual assault evidence | ||||||
13 | at any time during that 10-year period for an adult | ||||||
14 | victim, or until a minor victim turns 28 years of age by | ||||||
15 | (A) contacting the law enforcement agency having | ||||||
16 | jurisdiction, or if unknown, the law enforcement agency | ||||||
17 | contacted by the hospital or approved pediatric health | ||||||
18 | care facility under Section 3.2 of the Criminal | ||||||
19 | Identification Act; or (B) by working with an advocate at | ||||||
20 | a rape crisis center; | ||||||
21 | (3) the name, address, and phone number of the law | ||||||
22 | enforcement agency having jurisdiction, or if unknown the | ||||||
23 | name, address, and phone number of the law enforcement | ||||||
24 | agency contacted by the hospital or approved pediatric | ||||||
25 | health care facility under Section 3.2 of the Criminal | ||||||
26 | Identification Act; and |
| |||||||
| |||||||
1 | (4) the name and phone number of a local rape crisis | ||||||
2 | center.
| ||||||
3 | (d) This Section is effective on and after January 1, 2022 | ||||||
4 | July 1, 2021 . | ||||||
5 | (Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19; | ||||||
6 | 100-1087, eff. 1-1-19; 101-81, eff. 7-12-19; 101-634, eff. | ||||||
7 | 6-5-20.)
| ||||||
8 | (410 ILCS 70/6.5-1) | ||||||
9 | (Section scheduled to be repealed on June 30, 2021) | ||||||
10 | Sec. 6.5-1. Written consent to the release of sexual | ||||||
11 | assault evidence for testing. | ||||||
12 | (a) Upon the completion of medical forensic services, the | ||||||
13 | health care professional providing the medical forensic | ||||||
14 | services shall provide the patient the opportunity to sign a | ||||||
15 | written consent to allow law enforcement to submit the sexual | ||||||
16 | assault evidence for testing, if collected. The written | ||||||
17 | consent shall be on a form included in the sexual assault | ||||||
18 | evidence collection kit and posted on the Illinois State | ||||||
19 | Police website. The consent form shall include whether the | ||||||
20 | survivor consents to the release of information about the | ||||||
21 | sexual assault to law enforcement. | ||||||
22 | (1) A survivor 13 years of age or older may sign the | ||||||
23 | written consent to release the evidence for testing. | ||||||
24 | (2) If the survivor is a minor who is under 13 years of | ||||||
25 | age, the written consent to release the sexual assault |
| |||||||
| |||||||
1 | evidence for testing may be signed by the parent, | ||||||
2 | guardian, investigating law enforcement officer, or | ||||||
3 | Department of Children and Family Services. | ||||||
4 | (3) If the survivor is an adult who has a guardian of | ||||||
5 | the person, a health care surrogate, or an agent acting | ||||||
6 | under a health care power of attorney, the consent of the | ||||||
7 | guardian, surrogate, or agent is not required to release | ||||||
8 | evidence and information concerning the sexual assault or | ||||||
9 | sexual abuse. If the adult is unable to provide consent | ||||||
10 | for the release of evidence and information and a | ||||||
11 | guardian, surrogate, or agent under a health care power of | ||||||
12 | attorney is unavailable or unwilling to release the | ||||||
13 | information, then an investigating law enforcement officer | ||||||
14 | may authorize the release. | ||||||
15 | (4) Any health care professional or health care | ||||||
16 | institution, including any hospital, approved pediatric | ||||||
17 | health care facility, or approved federally qualified | ||||||
18 | health center, who provides evidence or information to a | ||||||
19 | law enforcement officer under a written consent as | ||||||
20 | specified in this Section is immune from any civil or | ||||||
21 | professional liability that might arise from those | ||||||
22 | actions, with the exception of willful or wanton | ||||||
23 | misconduct. The immunity provision applies only if all of | ||||||
24 | the requirements of this Section are met. | ||||||
25 | (b) The hospital, approved pediatric health care facility, | ||||||
26 | or approved federally qualified health center shall keep a |
| |||||||
| |||||||
1 | copy of a signed or unsigned written consent form in the | ||||||
2 | patient's medical record. | ||||||
3 | (c) If a written consent to allow law enforcement to hold | ||||||
4 | the sexual assault evidence is signed at the completion of
| ||||||
5 | medical forensic services, the hospital, approved pediatric | ||||||
6 | health care facility, or approved federally qualified health | ||||||
7 | center shall include the following information in its | ||||||
8 | discharge instructions: | ||||||
9 | (1) the sexual assault evidence will be stored for 10 | ||||||
10 | years from the completion of an Illinois State Police | ||||||
11 | Sexual Assault Evidence Collection Kit, or 10 years from | ||||||
12 | the age of 18 years, whichever is longer; | ||||||
13 | (2) A person authorized to consent to the testing of | ||||||
14 | the sexual assault evidence may sign a written consent to | ||||||
15 | allow law enforcement to test the sexual assault evidence | ||||||
16 | at any time during that 10-year period for an adult | ||||||
17 | victim, or until a minor victim turns 28 years of age by | ||||||
18 | (A) contacting the law enforcement agency having | ||||||
19 | jurisdiction, or if unknown, the law enforcement agency | ||||||
20 | contacted by the hospital, approved pediatric health care | ||||||
21 | facility, or approved federally qualified health center | ||||||
22 | under Section
3.2 of the Criminal Identification Act; or | ||||||
23 | (B) by working with an advocate at a rape crisis center; | ||||||
24 | (3) the name, address, and phone number of the law | ||||||
25 | enforcement agency having jurisdiction, or if unknown the | ||||||
26 | name, address, and phone number of the law enforcement |
| |||||||
| |||||||
1 | agency contacted by the hospital or approved pediatric | ||||||
2 | health care facility under Section 3.2 of the Criminal | ||||||
3 | Identification Act; and | ||||||
4 | (4) the name and phone number of a local rape crisis | ||||||
5 | center. | ||||||
6 | (d) This Section is repealed on December 31 June 30 , 2021.
| ||||||
7 | (Source: P.A. 101-634, eff. 6-5-20.)
| ||||||
8 | (410 ILCS 70/6.6) | ||||||
9 | Sec. 6.6. Submission of sexual assault evidence. | ||||||
10 | (a) As soon as practicable, but in no event more than 4 | ||||||
11 | hours after the completion of medical forensic services, the | ||||||
12 | hospital or approved pediatric health care facility shall make | ||||||
13 | reasonable efforts to determine the law enforcement agency | ||||||
14 | having jurisdiction where the sexual assault occurred, if | ||||||
15 | sexual assault evidence was collected. The hospital or | ||||||
16 | approved pediatric health care facility may obtain the name of | ||||||
17 | the law enforcement agency with jurisdiction from the local | ||||||
18 | law enforcement agency. | ||||||
19 | (b) Within 4 hours after the completion of medical | ||||||
20 | forensic services, the hospital or approved pediatric health | ||||||
21 | care facility shall notify the law enforcement agency having | ||||||
22 | jurisdiction that the hospital or approved pediatric health | ||||||
23 | care facility is in possession of sexual assault evidence and | ||||||
24 | the date and time the collection of evidence was completed. | ||||||
25 | The hospital or approved pediatric health care facility shall |
| |||||||
| |||||||
1 | document the notification in the patient's medical records and | ||||||
2 | shall include the agency notified, the date and time of the | ||||||
3 | notification and the name of the person who received the | ||||||
4 | notification. This notification to the law enforcement agency | ||||||
5 | having jurisdiction satisfies the hospital's or approved | ||||||
6 | pediatric health care facility's requirement to contact its | ||||||
7 | local law enforcement agency under Section 3.2 of the Criminal | ||||||
8 | Identification Act. | ||||||
9 | (c) If the law enforcement agency having jurisdiction has | ||||||
10 | not taken physical custody of sexual assault evidence within 5 | ||||||
11 | days of the first contact by the hospital or approved | ||||||
12 | pediatric health care facility, the hospital or approved | ||||||
13 | pediatric health care facility shall renotify the law | ||||||
14 | enforcement agency having jurisdiction that the hospital or | ||||||
15 | approved pediatric health care facility is in possession of | ||||||
16 | sexual assault evidence and the date the sexual assault | ||||||
17 | evidence was collected. The hospital or approved pediatric | ||||||
18 | health care facility shall document the renotification in the | ||||||
19 | patient's medical records and shall include the agency | ||||||
20 | notified, the date and time of the notification and the name of | ||||||
21 | the person who received the notification. | ||||||
22 | (d) If the law enforcement agency having jurisdiction has | ||||||
23 | not taken physical custody of the sexual assault evidence | ||||||
24 | within 10 days of the first contact by the hospital or approved | ||||||
25 | pediatric health care facility and the hospital or approved | ||||||
26 | pediatric health care facility has provided renotification |
| |||||||
| |||||||
1 | under subsection (c) of this Section, the hospital or approved | ||||||
2 | pediatric health care facility shall contact the State's | ||||||
3 | Attorney of the county where the law enforcement agency having | ||||||
4 | jurisdiction is located. The hospital or approved pediatric | ||||||
5 | health care facility shall inform the State's Attorney that | ||||||
6 | the hospital or approved pediatric health care facility is in | ||||||
7 | possession of sexual assault evidence, the date the sexual | ||||||
8 | assault evidence was collected, the law enforcement agency | ||||||
9 | having jurisdiction, the dates, times and names of persons | ||||||
10 | notified under subsections (b) and (c) of this Section. The | ||||||
11 | notification shall be made within 14 days of the collection of | ||||||
12 | the sexual assault evidence.
| ||||||
13 | (e) This Section is effective on and after January 1, 2022 | ||||||
14 | July 1, 2021 . | ||||||
15 | (Source: P.A. 100-201, eff. 8-18-17; 100-775, eff. 1-1-19; | ||||||
16 | 101-634, eff. 6-5-20.)
| ||||||
17 | (410 ILCS 70/6.6-1) | ||||||
18 | (Section scheduled to be repealed on June 30, 2021) | ||||||
19 | Sec. 6.6-1. Submission of sexual assault evidence. | ||||||
20 | (a) As soon as practicable, but in no event more than 4 | ||||||
21 | hours after the completion of medical forensic services, the | ||||||
22 | hospital, approved pediatric health care facility, or approved | ||||||
23 | federally qualified health center shall make reasonable | ||||||
24 | efforts to determine the law enforcement agency having | ||||||
25 | jurisdiction where the sexual assault occurred, if sexual |
| |||||||
| |||||||
1 | assault evidence was collected. The hospital, approved | ||||||
2 | pediatric health care facility, or approved federally | ||||||
3 | qualified health center may obtain the name of the law | ||||||
4 | enforcement agency with jurisdiction from the local law | ||||||
5 | enforcement agency. | ||||||
6 | (b) Within 4 hours after the completion of medical | ||||||
7 | forensic services, the hospital, approved pediatric health | ||||||
8 | care facility, or approved federally qualified health center | ||||||
9 | shall notify the law enforcement agency having jurisdiction | ||||||
10 | that the hospital, approved pediatric health care facility, or | ||||||
11 | approved federally qualified health center is in possession of | ||||||
12 | sexual assault evidence and the date and time the collection | ||||||
13 | of evidence was completed. The hospital, approved pediatric | ||||||
14 | health care facility, or approved federally qualified health
| ||||||
15 | center shall document the notification in the patient's | ||||||
16 | medical records and shall include the agency notified, the | ||||||
17 | date and time of the notification and the name of the person | ||||||
18 | who received the notification. This notification to the law | ||||||
19 | enforcement agency having jurisdiction satisfies the | ||||||
20 | hospital's, approved pediatric health care facility's, or | ||||||
21 | approved federally qualified health center's requirement to | ||||||
22 | contact its local law enforcement agency under Section 3.2 of | ||||||
23 | the Criminal Identification Act. | ||||||
24 | (c) If the law enforcement agency having jurisdiction has | ||||||
25 | not taken physical custody of sexual assault evidence within 5 | ||||||
26 | days of the first contact by the hospital, approved pediatric |
| |||||||
| |||||||
1 | health care facility, or approved federally qualified health | ||||||
2 | center, the hospital, approved pediatric health care facility, | ||||||
3 | or approved federally qualified health center shall renotify | ||||||
4 | the law enforcement agency having jurisdiction that the | ||||||
5 | hospital, approved pediatric health care facility, or approved | ||||||
6 | federally qualified health center is in possession of sexual | ||||||
7 | assault evidence and the date the sexual assault evidence was | ||||||
8 | collected. The hospital, approved pediatric health care | ||||||
9 | facility, or approved federally qualified health center shall | ||||||
10 | document the renotification in the patient's medical records | ||||||
11 | and shall include the agency notified, the date and time of the | ||||||
12 | notification and the name of the person who received the | ||||||
13 | notification. | ||||||
14 | (d) If the law enforcement agency having jurisdiction has
| ||||||
15 | not taken physical custody of the sexual assault evidence | ||||||
16 | within 10 days of the first contact by the hospital, approved | ||||||
17 | pediatric health care facility, or approved federally | ||||||
18 | qualified health center and the hospital, approved pediatric | ||||||
19 | health care facility, or approved federally qualified health | ||||||
20 | center has provided renotification under subsection (c) of | ||||||
21 | this Section, the hospital, approved pediatric health care | ||||||
22 | facility, or approved federally qualified health center shall | ||||||
23 | contact the State's Attorney of the county where the law | ||||||
24 | enforcement agency having jurisdiction is located. The | ||||||
25 | hospital, approved pediatric health care facility shall inform | ||||||
26 | the State's Attorney that the hospital, approved pediatric |
| |||||||
| |||||||
1 | health care facility, or approved federally qualified health | ||||||
2 | center is in possession of sexual assault evidence, the date | ||||||
3 | the sexual assault evidence was collected, the law enforcement | ||||||
4 | agency having jurisdiction, the dates, times and names of | ||||||
5 | persons notified under subsections (b) and
(c)of this Section. | ||||||
6 | The notification shall be made within 14 days of the | ||||||
7 | collection of the sexual assault evidence. | ||||||
8 | (e) This Section is repealed on December 31 June 30 , 2021.
| ||||||
9 | (Source: P.A. 101-634, eff. 6-5-20.)
| ||||||
10 | (410 ILCS 70/7) (from Ch. 111 1/2, par. 87-7)
| ||||||
11 | Sec. 7. Reimbursement. | ||||||
12 | (a) A hospital, approved pediatric health care facility, | ||||||
13 | or health care professional furnishing medical forensic | ||||||
14 | services, an ambulance provider furnishing transportation to a | ||||||
15 | sexual assault survivor, a hospital, health care professional, | ||||||
16 | or laboratory providing follow-up healthcare, or a pharmacy | ||||||
17 | dispensing prescribed medications to any sexual assault | ||||||
18 | survivor shall furnish such services or medications to that | ||||||
19 | person without charge and shall seek payment as follows: | ||||||
20 | (1) If a sexual assault survivor is eligible to | ||||||
21 | receive benefits under the medical assistance program | ||||||
22 | under Article V of the Illinois Public Aid Code, the | ||||||
23 | ambulance provider, hospital, approved pediatric health | ||||||
24 | care facility, health care professional, laboratory, or | ||||||
25 | pharmacy must submit the bill to the Department of |
| |||||||
| |||||||
1 | Healthcare and Family Services or the appropriate Medicaid | ||||||
2 | managed care organization and accept the amount paid as | ||||||
3 | full payment. | ||||||
4 | (2) If a sexual assault survivor is covered by one or | ||||||
5 | more policies of health insurance or is a beneficiary | ||||||
6 | under a public or private health coverage program, the | ||||||
7 | ambulance provider, hospital, approved pediatric health | ||||||
8 | care facility, health care professional, laboratory, or | ||||||
9 | pharmacy shall bill the insurance company or program. With | ||||||
10 | respect to such insured patients, applicable deductible, | ||||||
11 | co-pay, co-insurance, denial of claim, or any other | ||||||
12 | out-of-pocket insurance-related expense may be submitted | ||||||
13 | to the Illinois Sexual Assault Emergency Treatment Program | ||||||
14 | of the Department of Healthcare and Family Services in | ||||||
15 | accordance with 89 Ill. Adm. Code 148.510 for payment at | ||||||
16 | the Department of Healthcare and Family Services' | ||||||
17 | allowable rates under the Illinois Public Aid Code. The | ||||||
18 | ambulance provider, hospital, approved pediatric health | ||||||
19 | care facility, health care professional, laboratory, or | ||||||
20 | pharmacy shall accept the amounts paid by the insurance | ||||||
21 | company or health coverage program and the Illinois Sexual | ||||||
22 | Assault Treatment Program as full payment. | ||||||
23 | (3) If a sexual assault survivor is neither eligible | ||||||
24 | to receive benefits under the medical assistance program | ||||||
25 | under Article V of the Illinois Public Aid Code nor | ||||||
26 | covered by a policy of insurance or a public or private |
| |||||||
| |||||||
1 | health coverage program, the ambulance provider, hospital, | ||||||
2 | approved pediatric health care facility, health care | ||||||
3 | professional, laboratory, or pharmacy shall submit the | ||||||
4 | request for reimbursement to the Illinois Sexual Assault | ||||||
5 | Emergency Treatment Program under the Department of | ||||||
6 | Healthcare and Family Services in accordance with 89 Ill. | ||||||
7 | Adm. Code 148.510 at the Department of Healthcare and | ||||||
8 | Family Services' allowable rates under the Illinois Public | ||||||
9 | Aid Code. | ||||||
10 | (4) If a sexual assault survivor presents a sexual | ||||||
11 | assault services voucher for follow-up healthcare, the | ||||||
12 | healthcare professional, pediatric health care facility, | ||||||
13 | or laboratory that provides follow-up healthcare or the | ||||||
14 | pharmacy that dispenses prescribed medications to a sexual | ||||||
15 | assault survivor shall submit the request for | ||||||
16 | reimbursement for follow-up healthcare, pediatric health | ||||||
17 | care facility, laboratory, or pharmacy services to the | ||||||
18 | Illinois Sexual Assault Emergency Treatment Program under | ||||||
19 | the Department of Healthcare and Family Services in | ||||||
20 | accordance with 89 Ill. Adm. Code 148.510 at the | ||||||
21 | Department of Healthcare and Family Services' allowable | ||||||
22 | rates under the Illinois Public Aid Code. Nothing in this | ||||||
23 | subsection (a) precludes hospitals or approved pediatric | ||||||
24 | health care facilities from providing follow-up healthcare | ||||||
25 | and receiving reimbursement under this Section.
| ||||||
26 | (b) Nothing in this Section precludes a hospital, health |
| |||||||
| |||||||
1 | care provider, ambulance provider, laboratory, or pharmacy | ||||||
2 | from billing the sexual assault survivor or any applicable | ||||||
3 | health insurance or coverage for inpatient services. | ||||||
4 | (c) (Blank). | ||||||
5 | (d) On and after July 1, 2012, the Department shall reduce | ||||||
6 | any rate of reimbursement for services or other payments or | ||||||
7 | alter any methodologies authorized by this Act or the Illinois | ||||||
8 | Public Aid Code to reduce any rate of reimbursement for | ||||||
9 | services or other payments in accordance with Section 5-5e of | ||||||
10 | the Illinois Public Aid Code. | ||||||
11 | (e) The Department of Healthcare and Family Services shall | ||||||
12 | establish standards, rules, and regulations to implement this | ||||||
13 | Section.
| ||||||
14 | (f) This Section is effective on and after January 1, 2022 | ||||||
15 | July 1, 2021 . | ||||||
16 | (Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
| ||||||
17 | (410 ILCS 70/7-1) | ||||||
18 | (Section scheduled to be repealed on June 30, 2021) | ||||||
19 | Sec. 7-1. Reimbursement | ||||||
20 | (a) A hospital, approved pediatric health care facility, | ||||||
21 | approved federally qualified health center, or health care
| ||||||
22 | professional furnishing medical forensic services, an | ||||||
23 | ambulance provider furnishing transportation to a sexual | ||||||
24 | assault survivor, a hospital, health care professional, or | ||||||
25 | laboratory providing follow-up healthcare, or a pharmacy |
| |||||||
| |||||||
1 | dispensing prescribed medications to any sexual assault | ||||||
2 | survivor shall furnish such services or medications to that | ||||||
3 | person without charge and shall seek payment as follows: | ||||||
4 | (1) If a sexual assault survivor is eligible to | ||||||
5 | receive benefits under the medical assistance program | ||||||
6 | under Article V of the Illinois Public Aid Code, the | ||||||
7 | ambulance provider, hospital, approved pediatric health | ||||||
8 | care facility, approved federally qualified health center, | ||||||
9 | health care professional, laboratory, or pharmacy must | ||||||
10 | submit the bill to the Department of Healthcare and Family | ||||||
11 | Services or the appropriate Medicaid managed care | ||||||
12 | organization and accept the amount paid as full payment. | ||||||
13 | (2) If a sexual assault survivor is covered by one or | ||||||
14 | more policies of health insurance or is a beneficiary | ||||||
15 | under a public or private health coverage program, the | ||||||
16 | ambulance provider, hospital, approved pediatric health | ||||||
17 | care facility, approved federally qualified health center, | ||||||
18 | health care professional, laboratory, or pharmacy shall | ||||||
19 | bill the insurance company or program. With respect to | ||||||
20 | such insured patients, applicable deductible, co-pay, | ||||||
21 | co-insurance, denial of claim, or any other out-of-pocket | ||||||
22 | insurance-related expense may be submitted to the Illinois
| ||||||
23 | Sexual Assault Emergency Treatment Program of the | ||||||
24 | Department of Healthcare and Family Services in accordance | ||||||
25 | with 89 Ill. Adm. Code 148.510 for payment at the | ||||||
26 | Department of Healthcare and Family Services' allowable |
| |||||||
| |||||||
1 | rates under the Illinois Public Aid Code. The ambulance | ||||||
2 | provider, hospital, approved pediatric health care | ||||||
3 | facility, approved federally qualified health center, | ||||||
4 | health care professional, laboratory, or pharmacy shall | ||||||
5 | accept the amounts paid by the insurance company or health | ||||||
6 | coverage program and the Illinois Sexual Assault Treatment | ||||||
7 | Program as full payment. | ||||||
8 | (3) If a sexual assault survivor is neither eligible | ||||||
9 | to receive benefits under the medical assistance program | ||||||
10 | under Article V of the Illinois Public Aid Code nor | ||||||
11 | covered by a policy of insurance or a public or private | ||||||
12 | health coverage program, the ambulance provider, hospital, | ||||||
13 | approved pediatric health care facility, approved | ||||||
14 | federally qualified health center, health care | ||||||
15 | professional, laboratory, or pharmacy shall submit the | ||||||
16 | request for reimbursement to the Illinois Sexual Assault | ||||||
17 | Emergency Treatment Program under the Department of | ||||||
18 | Healthcare and Family Services in accordance with 89 Ill. | ||||||
19 | Adm. Code 148.510 at the Department of Healthcare and | ||||||
20 | Family Services' allowable rates under the Illinois Public | ||||||
21 | Aid Code. | ||||||
22 | (4) If a sexual assault survivor presents a sexual
| ||||||
23 | assault services voucher for follow-up healthcare, the | ||||||
24 | healthcare professional, pediatric health care facility, | ||||||
25 | federally qualified health center, or laboratory that | ||||||
26 | provides follow-up healthcare or the pharmacy that |
| |||||||
| |||||||
1 | dispenses prescribed medications to a sexual assault | ||||||
2 | survivor shall submit the request for reimbursement for | ||||||
3 | follow-up healthcare, pediatric health care facility, | ||||||
4 | laboratory, or pharmacy services to the Illinois Sexual | ||||||
5 | Assault Emergency Treatment Program under the Department | ||||||
6 | of Healthcare and Family Services in accordance with 89 | ||||||
7 | Ill. Adm. Code 148.510 at the Department of Healthcare and | ||||||
8 | Family Services' allowable rates under the Illinois Public | ||||||
9 | Aid Code. Nothing in this subsection (a) precludes | ||||||
10 | hospitals, or approved pediatric health care facilities or | ||||||
11 | approved federally qualified health centers from providing | ||||||
12 | follow-up healthcare and receiving reimbursement under | ||||||
13 | this Section. | ||||||
14 | (b) Nothing in this Section precludes a hospital, health | ||||||
15 | care provider, ambulance provider, laboratory, or pharmacy | ||||||
16 | from billing the sexual assault survivor or any applicable | ||||||
17 | health insurance or coverage for inpatient services. | ||||||
18 | (c) (Blank). | ||||||
19 | (d) On and after July 1, 2012, the Department shall reduce | ||||||
20 | any rate of reimbursement for services or other payments or | ||||||
21 | alter any methodologies authorized by this Act or the Illinois | ||||||
22 | Public Aid Code to reduce any rate of reimbursement for | ||||||
23 | services or other payments in accordance with Section 5-5e of | ||||||
24 | the Illinois Public Aid Code. | ||||||
25 | (e) The Department of Healthcare and Family Services shall | ||||||
26 | establish standards, rules, and regulations to implement this |
| |||||||
| |||||||
1 | Section. | ||||||
2 | (f) This Section is repealed on December 31 June 30 , 2021.
| ||||||
3 | (Source: P.A. 101-634, eff. 6-5-20.)
| ||||||
4 | (410 ILCS 70/7.5) | ||||||
5 | (Text of Section before amendment by P.A. 101-652 ) | ||||||
6 | Sec. 7.5. Prohibition on billing sexual assault survivors | ||||||
7 | directly for certain services; written notice; billing | ||||||
8 | protocols. | ||||||
9 | (a) A hospital, approved pediatric health care facility, | ||||||
10 | health care professional, ambulance provider, laboratory, or | ||||||
11 | pharmacy furnishing medical forensic services, transportation, | ||||||
12 | follow-up healthcare, or medication to a sexual assault | ||||||
13 | survivor shall not: | ||||||
14 | (1) charge or submit a bill for any portion of the | ||||||
15 | costs of the services, transportation, or medications to | ||||||
16 | the sexual assault survivor, including any insurance | ||||||
17 | deductible, co-pay, co-insurance, denial of claim by an | ||||||
18 | insurer, spenddown, or any other out-of-pocket expense; | ||||||
19 | (2) communicate with, harass, or intimidate the sexual | ||||||
20 | assault survivor for payment of services, including, but | ||||||
21 | not limited to, repeatedly calling or writing to the | ||||||
22 | sexual assault survivor and threatening to refer the | ||||||
23 | matter to a debt collection agency or to an attorney for | ||||||
24 | collection, enforcement, or filing of other process; | ||||||
25 | (3) refer a bill to a collection agency or attorney |
| |||||||
| |||||||
1 | for collection action against the sexual assault survivor; | ||||||
2 | (4) contact or distribute information to affect the | ||||||
3 | sexual assault survivor's credit rating; or | ||||||
4 | (5) take any other action adverse to the sexual | ||||||
5 | assault survivor or his or her family on account of | ||||||
6 | providing services to the sexual assault survivor. | ||||||
7 | (b) Nothing in this Section precludes a hospital, health | ||||||
8 | care provider, ambulance provider, laboratory, or pharmacy | ||||||
9 | from billing the sexual assault survivor or any applicable | ||||||
10 | health insurance or coverage for inpatient services. | ||||||
11 | (c) Every hospital and approved pediatric health care | ||||||
12 | facility providing treatment services to sexual assault | ||||||
13 | survivors in accordance with a plan approved under Section 2 | ||||||
14 | of this Act shall provide a written notice to a sexual assault | ||||||
15 | survivor. The written notice must include, but is not limited | ||||||
16 | to, the following: | ||||||
17 | (1) a statement that the sexual assault survivor | ||||||
18 | should not be directly billed by any ambulance provider | ||||||
19 | providing transportation services, or by any hospital, | ||||||
20 | approved pediatric health care facility, health care | ||||||
21 | professional, laboratory, or pharmacy for the services the | ||||||
22 | sexual assault survivor received as an outpatient at the | ||||||
23 | hospital or approved pediatric health care facility; | ||||||
24 | (2) a statement that a sexual assault survivor who is | ||||||
25 | admitted to a hospital may be billed for inpatient | ||||||
26 | services provided by a hospital, health care professional, |
| |||||||
| |||||||
1 | laboratory, or pharmacy; | ||||||
2 | (3) a statement that prior to leaving the hospital or | ||||||
3 | approved pediatric health care facility, the hospital or | ||||||
4 | approved pediatric health care facility will give the | ||||||
5 | sexual assault survivor a sexual assault services voucher | ||||||
6 | for follow-up healthcare if the sexual assault survivor is | ||||||
7 | eligible to receive a sexual assault services voucher; | ||||||
8 | (4) the definition of "follow-up healthcare" as set | ||||||
9 | forth in Section 1a of this Act; | ||||||
10 | (5) a phone number the sexual assault survivor may | ||||||
11 | call should the sexual assault survivor receive a bill | ||||||
12 | from the hospital or approved pediatric health care | ||||||
13 | facility for medical forensic services; | ||||||
14 | (6) the toll-free phone number of the Office of the | ||||||
15 | Illinois Attorney General, Crime Victim Services Division, | ||||||
16 | which the sexual assault survivor may call should the | ||||||
17 | sexual assault survivor receive a bill from an ambulance | ||||||
18 | provider, approved pediatric health care facility, a | ||||||
19 | health care professional, a laboratory, or a pharmacy. | ||||||
20 | This subsection (c) shall not apply to hospitals that | ||||||
21 | provide transfer services as defined under Section 1a of this | ||||||
22 | Act. | ||||||
23 | (d) Within 60 days after the effective date of this | ||||||
24 | amendatory Act of the 99th General Assembly, every health care | ||||||
25 | professional, except for those employed by a hospital or | ||||||
26 | hospital affiliate, as defined in the Hospital Licensing Act, |
| |||||||
| |||||||
1 | or those employed by a hospital operated under the University | ||||||
2 | of Illinois Hospital Act, who bills separately for medical or | ||||||
3 | forensic services must develop a billing protocol that ensures | ||||||
4 | that no survivor of sexual assault will be sent a bill for any | ||||||
5 | medical forensic services and submit the billing protocol to | ||||||
6 | the Crime Victim Services Division of the Office of the | ||||||
7 | Attorney General for approval. Within 60 days after the | ||||||
8 | commencement of the provision of medical forensic services, | ||||||
9 | every health care professional, except for those employed by a | ||||||
10 | hospital or hospital affiliate, as defined in the Hospital | ||||||
11 | Licensing Act, or those employed by a hospital operated under | ||||||
12 | the University of Illinois Hospital Act, who bills separately | ||||||
13 | for medical or forensic services must develop a billing | ||||||
14 | protocol that ensures that no survivor of sexual assault is | ||||||
15 | sent a bill for any medical forensic services and submit the | ||||||
16 | billing protocol to the Crime Victim Services Division of the | ||||||
17 | Office of the Attorney General for approval. Health care | ||||||
18 | professionals who bill as a legal entity may submit a single | ||||||
19 | billing protocol for the billing entity. | ||||||
20 | Within 60 days after the Department's approval of a | ||||||
21 | treatment plan, an approved pediatric health care facility and | ||||||
22 | any health care professional employed by an approved pediatric | ||||||
23 | health care facility must develop a billing protocol that | ||||||
24 | ensures that no survivor of sexual assault is sent a bill for | ||||||
25 | any medical forensic services and submit the billing protocol | ||||||
26 | to the Crime Victim Services Division of the Office of the |
| |||||||
| |||||||
1 | Attorney General for approval. | ||||||
2 | The billing protocol must include at a minimum: | ||||||
3 | (1) a description of training for persons who prepare | ||||||
4 | bills for medical and forensic services; | ||||||
5 | (2) a written acknowledgement signed by a person who | ||||||
6 | has completed the training that the person will not bill | ||||||
7 | survivors of sexual assault; | ||||||
8 | (3) prohibitions on submitting any bill for any | ||||||
9 | portion of medical forensic services provided to a | ||||||
10 | survivor of sexual assault to a collection agency; | ||||||
11 | (4) prohibitions on taking any action that would | ||||||
12 | adversely affect the credit of the survivor of sexual | ||||||
13 | assault; | ||||||
14 | (5) the termination of all collection activities if | ||||||
15 | the protocol is violated; and | ||||||
16 | (6) the actions to be taken if a bill is sent to a | ||||||
17 | collection agency or the failure to pay is reported to any | ||||||
18 | credit reporting agency. | ||||||
19 | The Crime Victim Services Division of the Office of the | ||||||
20 | Attorney General may provide a sample acceptable billing | ||||||
21 | protocol upon request. | ||||||
22 | The Office of the Attorney General shall approve a | ||||||
23 | proposed protocol if it finds that the implementation of the | ||||||
24 | protocol would result in no survivor of sexual assault being | ||||||
25 | billed or sent a bill for medical forensic services. | ||||||
26 | If the Office of the Attorney General determines that |
| |||||||
| |||||||
1 | implementation of the protocol could result in the billing of | ||||||
2 | a survivor of sexual assault for medical forensic services, | ||||||
3 | the Office of the Attorney General shall provide the health | ||||||
4 | care professional or approved pediatric health care facility | ||||||
5 | with a written statement of the deficiencies in the protocol. | ||||||
6 | The health care professional or approved pediatric health care | ||||||
7 | facility shall have 30 days to submit a revised billing | ||||||
8 | protocol addressing the deficiencies to the Office of the | ||||||
9 | Attorney General. The health care professional or approved | ||||||
10 | pediatric health care facility shall implement the protocol | ||||||
11 | upon approval by the Crime Victim Services Division of the | ||||||
12 | Office of the Attorney General. | ||||||
13 | The health care professional or approved pediatric health | ||||||
14 | care facility shall submit any proposed revision to or | ||||||
15 | modification of an approved billing protocol to the Crime | ||||||
16 | Victim Services Division of the Office of the Attorney General | ||||||
17 | for approval. The health care professional or approved | ||||||
18 | pediatric health care facility shall implement the revised or | ||||||
19 | modified billing protocol upon approval by the Crime Victim | ||||||
20 | Services Division of the Office of the Illinois Attorney | ||||||
21 | General.
| ||||||
22 | (e) This Section is effective on and after January 1, 2022 | ||||||
23 | July 1, 2021 . | ||||||
24 | (Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
| ||||||
25 | (Text of Section after amendment by P.A. 101-652 ) |
| |||||||
| |||||||
1 | Sec. 7.5. Prohibition on billing sexual assault survivors | ||||||
2 | directly for certain services; written notice; billing | ||||||
3 | protocols. | ||||||
4 | (a) A hospital, approved pediatric health care facility, | ||||||
5 | health care professional, ambulance provider, laboratory, or | ||||||
6 | pharmacy furnishing medical forensic services, transportation, | ||||||
7 | follow-up healthcare, or medication to a sexual assault | ||||||
8 | survivor shall not: | ||||||
9 | (1) charge or submit a bill for any portion of the | ||||||
10 | costs of the services, transportation, or medications to | ||||||
11 | the sexual assault survivor, including any insurance | ||||||
12 | deductible, co-pay, co-insurance, denial of claim by an | ||||||
13 | insurer, spenddown, or any other out-of-pocket expense; | ||||||
14 | (2) communicate with, harass, or intimidate the sexual | ||||||
15 | assault survivor for payment of services, including, but | ||||||
16 | not limited to, repeatedly calling or writing to the | ||||||
17 | sexual assault survivor and threatening to refer the | ||||||
18 | matter to a debt collection agency or to an attorney for | ||||||
19 | collection, enforcement, or filing of other process; | ||||||
20 | (3) refer a bill to a collection agency or attorney | ||||||
21 | for collection action against the sexual assault survivor; | ||||||
22 | (4) contact or distribute information to affect the | ||||||
23 | sexual assault survivor's credit rating; or | ||||||
24 | (5) take any other action adverse to the sexual | ||||||
25 | assault survivor or his or her family on account of | ||||||
26 | providing services to the sexual assault survivor. |
| |||||||
| |||||||
1 | (b) Nothing in this Section precludes a hospital, health | ||||||
2 | care provider, ambulance provider, laboratory, or pharmacy | ||||||
3 | from billing the sexual assault survivor or any applicable | ||||||
4 | health insurance or coverage for inpatient services. | ||||||
5 | (c) Every hospital and approved pediatric health care | ||||||
6 | facility providing treatment services to sexual assault | ||||||
7 | survivors in accordance with a plan approved under Section 2 | ||||||
8 | of this Act shall provide a written notice to a sexual assault | ||||||
9 | survivor. The written notice must include, but is not limited | ||||||
10 | to, the following: | ||||||
11 | (1) a statement that the sexual assault survivor | ||||||
12 | should not be directly billed by any ambulance provider | ||||||
13 | providing transportation services, or by any hospital, | ||||||
14 | approved pediatric health care facility, health care | ||||||
15 | professional, laboratory, or pharmacy for the services the | ||||||
16 | sexual assault survivor received as an outpatient at the | ||||||
17 | hospital or approved pediatric health care facility; | ||||||
18 | (2) a statement that a sexual assault survivor who is | ||||||
19 | admitted to a hospital may be billed for inpatient | ||||||
20 | services provided by a hospital, health care professional, | ||||||
21 | laboratory, or pharmacy; | ||||||
22 | (3) a statement that prior to leaving the hospital or | ||||||
23 | approved pediatric health care facility, the hospital or | ||||||
24 | approved pediatric health care facility will give the | ||||||
25 | sexual assault survivor a sexual assault services voucher | ||||||
26 | for follow-up healthcare if the sexual assault survivor is |
| |||||||
| |||||||
1 | eligible to receive a sexual assault services voucher; | ||||||
2 | (4) the definition of "follow-up healthcare" as set | ||||||
3 | forth in Section 1a of this Act; | ||||||
4 | (5) a phone number the sexual assault survivor may | ||||||
5 | call should the sexual assault survivor receive a bill | ||||||
6 | from the hospital or approved pediatric health care | ||||||
7 | facility for medical forensic services; | ||||||
8 | (6) the toll-free phone number of the Office of the | ||||||
9 | Illinois Attorney General, which the sexual assault | ||||||
10 | survivor may call should the sexual assault survivor | ||||||
11 | receive a bill from an ambulance provider, approved | ||||||
12 | pediatric health care facility, a health care | ||||||
13 | professional, a laboratory, or a pharmacy. | ||||||
14 | This subsection (c) shall not apply to hospitals that | ||||||
15 | provide transfer services as defined under Section 1a of this | ||||||
16 | Act. | ||||||
17 | (d) Within 60 days after the effective date of this | ||||||
18 | amendatory Act of the 99th General Assembly, every health care | ||||||
19 | professional, except for those employed by a hospital or | ||||||
20 | hospital affiliate, as defined in the Hospital Licensing Act, | ||||||
21 | or those employed by a hospital operated under the University | ||||||
22 | of Illinois Hospital Act, who bills separately for medical or | ||||||
23 | forensic services must develop a billing protocol that ensures | ||||||
24 | that no survivor of sexual assault will be sent a bill for any | ||||||
25 | medical forensic services and submit the billing protocol to | ||||||
26 | the Office of the Attorney General for approval. Within 60 |
| |||||||
| |||||||
1 | days after the commencement of the provision of medical | ||||||
2 | forensic services, every health care professional, except for | ||||||
3 | those employed by a hospital or hospital affiliate, as defined | ||||||
4 | in the Hospital Licensing Act, or those employed by a hospital | ||||||
5 | operated under the University of Illinois Hospital Act, who | ||||||
6 | bills separately for medical or forensic services must develop | ||||||
7 | a billing protocol that ensures that no survivor of sexual | ||||||
8 | assault is sent a bill for any medical forensic services and | ||||||
9 | submit the billing protocol to the Attorney General for | ||||||
10 | approval. Health care professionals who bill as a legal entity | ||||||
11 | may submit a single billing protocol for the billing entity. | ||||||
12 | Within 60 days after the Department's approval of a | ||||||
13 | treatment plan, an approved pediatric health care facility and | ||||||
14 | any health care professional employed by an approved pediatric | ||||||
15 | health care facility must develop a billing protocol that | ||||||
16 | ensures that no survivor of sexual assault is sent a bill for | ||||||
17 | any medical forensic services and submit the billing protocol | ||||||
18 | to the Office of the Attorney General for approval. | ||||||
19 | The billing protocol must include at a minimum: | ||||||
20 | (1) a description of training for persons who prepare | ||||||
21 | bills for medical and forensic services; | ||||||
22 | (2) a written acknowledgement signed by a person who | ||||||
23 | has completed the training that the person will not bill | ||||||
24 | survivors of sexual assault; | ||||||
25 | (3) prohibitions on submitting any bill for any | ||||||
26 | portion of medical forensic services provided to a |
| |||||||
| |||||||
1 | survivor of sexual assault to a collection agency; | ||||||
2 | (4) prohibitions on taking any action that would | ||||||
3 | adversely affect the credit of the survivor of sexual | ||||||
4 | assault; | ||||||
5 | (5) the termination of all collection activities if | ||||||
6 | the protocol is violated; and | ||||||
7 | (6) the actions to be taken if a bill is sent to a | ||||||
8 | collection agency or the failure to pay is reported to any | ||||||
9 | credit reporting agency. | ||||||
10 | The Office of the Attorney General may provide a sample | ||||||
11 | acceptable billing protocol upon request. | ||||||
12 | The Office of the Attorney General shall approve a | ||||||
13 | proposed protocol if it finds that the implementation of the | ||||||
14 | protocol would result in no survivor of sexual assault being | ||||||
15 | billed or sent a bill for medical forensic services. | ||||||
16 | If the Office of the Attorney General determines that | ||||||
17 | implementation of the protocol could result in the billing of | ||||||
18 | a survivor of sexual assault for medical forensic services, | ||||||
19 | the Office of the Attorney General shall provide the health | ||||||
20 | care professional or approved pediatric health care facility | ||||||
21 | with a written statement of the deficiencies in the protocol. | ||||||
22 | The health care professional or approved pediatric health care | ||||||
23 | facility shall have 30 days to submit a revised billing | ||||||
24 | protocol addressing the deficiencies to the Office of the | ||||||
25 | Attorney General. The health care professional or approved | ||||||
26 | pediatric health care facility shall implement the protocol |
| |||||||
| |||||||
1 | upon approval by the Office of the Attorney General. | ||||||
2 | The health care professional or approved pediatric health | ||||||
3 | care facility shall submit any proposed revision to or | ||||||
4 | modification of an approved billing protocol to the Office of | ||||||
5 | the Attorney General for approval. The health care | ||||||
6 | professional or approved pediatric health care facility shall | ||||||
7 | implement the revised or modified billing protocol upon | ||||||
8 | approval by the Office of the Illinois Attorney General.
| ||||||
9 | (e) This Section is effective on and after January 1, 2022 | ||||||
10 | July 1, 2021 . | ||||||
11 | (Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20; | ||||||
12 | 101-652, eff. 7-1-21.)
| ||||||
13 | (410 ILCS 70/7.5-1) | ||||||
14 | (Section scheduled to be repealed on June 30, 2021) | ||||||
15 | Sec. 7.5-1. Prohibition on billing sexual assault | ||||||
16 | survivors directly for certain services; written notice; | ||||||
17 | billing protocols. | ||||||
18 | (a) A hospital, approved pediatric health care facility, | ||||||
19 | approved federally qualified health center, health care | ||||||
20 | professional, ambulance provider, laboratory, or pharmacy | ||||||
21 | furnishing medical forensic services, transportation, | ||||||
22 | follow-up healthcare, or medication to a sexual assault | ||||||
23 | survivor shall not: | ||||||
24 | (1) charge or submit a bill for any portion of the | ||||||
25 | costs of the services, transportation, or medications to |
| |||||||
| |||||||
1 | the sexual assault survivor, including any insurance | ||||||
2 | deductible, co-pay, co-insurance, denial of claim by an | ||||||
3 | insurer, spenddown, or any other out-of-pocket expense; | ||||||
4 | (2) communicate with, harass, or intimidate the sexual | ||||||
5 | assault survivor for payment of services, including, but | ||||||
6 | not limited to, repeatedly calling or writing to the | ||||||
7 | sexual assault survivor and threatening to refer the | ||||||
8 | matter to a debt collection agency or to an attorney for | ||||||
9 | collection, enforcement, or filing of other process; | ||||||
10 | (3) refer a bill to a collection agency or attorney | ||||||
11 | for collection action against the sexual assault survivor; | ||||||
12 | (4) contact or distribute information to affect the | ||||||
13 | sexual assault survivor's credit rating; or | ||||||
14 | (5) take any other action adverse to the sexual | ||||||
15 | assault survivor or his or her family on account of | ||||||
16 | providing services to the sexual assault survivor. | ||||||
17 | (b) Nothing in this Section precludes a hospital, health | ||||||
18 | care provider, ambulance provider, laboratory, or pharmacy | ||||||
19 | from billing the sexual assault survivor or any applicable | ||||||
20 | health insurance or coverage for inpatient services. | ||||||
21 | (c) Every hospital, approved pediatric health care | ||||||
22 | facility, and approved federally qualified health center | ||||||
23 | providing treatment services to sexual assault survivors in | ||||||
24 | accordance with a plan approved under Section 2-1 of this Act | ||||||
25 | shall provide a written notice to a sexual assault survivor. | ||||||
26 | The written notice must include, but is not limited to, the |
| |||||||
| |||||||
1 | following: | ||||||
2 | (1) a statement that the sexual assault survivor | ||||||
3 | should not be directly billed by any ambulance provider | ||||||
4 | providing transportation services, or by any hospital, | ||||||
5 | approved pediatric health care facility, approved | ||||||
6 | federally qualified health center, health care | ||||||
7 | professional,
laboratory, or pharmacy for the services the | ||||||
8 | sexual assault survivor received as an outpatient at the | ||||||
9 | hospital, approved pediatric health care facility, or | ||||||
10 | approved federally qualified health center; | ||||||
11 | (2) a statement that a sexual assault survivor who is | ||||||
12 | admitted to a hospital may be billed for inpatient | ||||||
13 | services provided by a hospital, health care professional, | ||||||
14 | laboratory, or pharmacy; | ||||||
15 | (3) a statement that prior to leaving the hospital, | ||||||
16 | approved pediatric health care facility, or approved | ||||||
17 | federally qualified health center, the hospital, approved | ||||||
18 | pediatric health care facility, or approved federally | ||||||
19 | qualified health center will give the sexual assault | ||||||
20 | survivor a sexual assault services voucher for follow-up | ||||||
21 | healthcare if the sexual assault survivor is eligible to | ||||||
22 | receive a sexual assault services voucher; | ||||||
23 | (4) the definition of "follow-up healthcare" as set | ||||||
24 | forth in Section 1a-1 of this Act; | ||||||
25 | (5) a phone number the sexual assault survivor may | ||||||
26 | call should the sexual assault survivor receive a bill |
| |||||||
| |||||||
1 | from the hospital, approved pediatric health care | ||||||
2 | facility, or approved federally qualified health center | ||||||
3 | for medical forensic services; | ||||||
4 | (6) the toll-free phone number of the Office of the | ||||||
5 | Illinois Attorney General, Crime Victim Services Division, | ||||||
6 | which the sexual assault survivor may call should the
| ||||||
7 | sexual assault survivor receive a bill from an ambulance | ||||||
8 | provider, approved pediatric health care facility, | ||||||
9 | approved federally qualified health center, a health care | ||||||
10 | professional, a laboratory, or a pharmacy. | ||||||
11 | This subsection (c) shall not apply to hospitals that | ||||||
12 | provide transfer services as defined under Section 1a-1 of | ||||||
13 | this Act. | ||||||
14 | (d) Within 60 days after the effective date of this | ||||||
15 | amendatory Act of the 101st General Assembly, every health | ||||||
16 | care professional, except for those employed by a hospital or | ||||||
17 | hospital affiliate, as defined in the Hospital Licensing Act, | ||||||
18 | or those employed by a hospital operated under the University | ||||||
19 | of Illinois Hospital Act, who bills separately for medical or | ||||||
20 | forensic services must develop a billing protocol that ensures | ||||||
21 | that no survivor of sexual assault will be sent a bill for any | ||||||
22 | medical forensic services and submit the billing protocol to | ||||||
23 | the Crime Victim Services Division of the Office of the | ||||||
24 | Attorney General for approval. Within 60 days after the | ||||||
25 | commencement of the provision of medical forensic services, | ||||||
26 | every health care professional, except for those employed by a |
| |||||||
| |||||||
1 | hospital or hospital affiliate, as defined in the Hospital | ||||||
2 | Licensing Act, or those employed by a hospital operated under | ||||||
3 | the University of Illinois Hospital Act, who bills separately | ||||||
4 | for medical or forensic services must develop a billing | ||||||
5 | protocol that ensures that no survivor of sexual assault is | ||||||
6 | sent a bill for any medical forensic services and submit the | ||||||
7 | billing protocol to the Crime Victim Services Division of the | ||||||
8 | Office of the Attorney General for approval. Health care | ||||||
9 | professionals who bill as a legal entity may submit a single | ||||||
10 | billing protocol for the billing entity. | ||||||
11 | Within 60 days after the Department's approval of a | ||||||
12 | treatment plan, an approved pediatric health care facility and | ||||||
13 | any health care professional employed by an approved pediatric | ||||||
14 | health care facility must develop a billing protocol that | ||||||
15 | ensures that no survivor of sexual assault is sent a bill for | ||||||
16 | any medical forensic services and submit the billing protocol | ||||||
17 | to the Crime Victim Services Division of the Office of the | ||||||
18 | Attorney General for approval. | ||||||
19 | Within 14 days after the Department's approval of a | ||||||
20 | treatment plan, an approved federally qualified health center | ||||||
21 | and any health care professional employed by an approved | ||||||
22 | federally qualified health center must develop a billing | ||||||
23 | protocol that ensures that no survivor of sexual assault is | ||||||
24 | sent a bill for any medical forensic services and submit the | ||||||
25 | billing protocol to the Crime Victim Services Division of the | ||||||
26 | Office of the Attorney General for approval. |
| |||||||
| |||||||
1 | The billing protocol must include at a minimum: | ||||||
2 | (1) a description of training for persons who prepare | ||||||
3 | bills for medical and forensic services; | ||||||
4 | (2) a written acknowledgement signed by a person who | ||||||
5 | has completed the training that the person will not bill | ||||||
6 | survivors of sexual assault; | ||||||
7 | (3) prohibitions on submitting any bill for any | ||||||
8 | portion of medical forensic services provided to a | ||||||
9 | survivor of sexual assault to a collection agency; | ||||||
10 | (4) prohibitions on taking any action that would | ||||||
11 | adversely affect the credit of the survivor of sexual | ||||||
12 | assault; | ||||||
13 | (5) the termination of all collection activities if | ||||||
14 | the protocol is violated; and | ||||||
15 | (6) the actions to be taken if a bill is sent to a | ||||||
16 | collection agency or the failure to pay is reported to any | ||||||
17 | credit reporting agency. | ||||||
18 | The Crime Victim Services Division of the Office of the | ||||||
19 | Attorney General may provide a sample acceptable billing | ||||||
20 | protocol upon request. | ||||||
21 | The Office of the Attorney General shall approve a | ||||||
22 | proposed protocol if it finds that the implementation of the | ||||||
23 | protocol would result in no survivor of sexual assault being | ||||||
24 | billed or sent a bill for medical forensic services. | ||||||
25 | If the Office of the Attorney General determines that | ||||||
26 | implementation of the protocol could result in the billing of |
| |||||||
| |||||||
1 | a survivor of sexual assault for medical forensic services, | ||||||
2 | the Office of the Attorney General shall provide the health | ||||||
3 | care professional or approved pediatric health care facility | ||||||
4 | with a written statement of the deficiencies in the protocol. | ||||||
5 | The health care professional or approved pediatric health care | ||||||
6 | facility shall have 30 days to submit a revised billing | ||||||
7 | protocol addressing the deficiencies to the Office of the | ||||||
8 | Attorney General. The health care professional or approved | ||||||
9 | pediatric health care facility shall implement the protocol | ||||||
10 | upon approval by the Crime Victim Services Division of the | ||||||
11 | Office of the Attorney General. | ||||||
12 | The health care professional, approved pediatric health | ||||||
13 | care facility, or approved federally qualified health center | ||||||
14 | shall submit any proposed revision to or modification of an | ||||||
15 | approved billing protocol to the Crime Victim Services | ||||||
16 | Division of the Office of the Attorney General for approval. | ||||||
17 | The health care professional, approved pediatric health care | ||||||
18 | facility, or approved federally qualified health center shall | ||||||
19 | implement the revised or modified billing protocol upon | ||||||
20 | approval by the Crime Victim Services Division of the Office | ||||||
21 | of the Illinois Attorney General. | ||||||
22 | (e) This Section is repealed on December 31 June 30 , 2021.
| ||||||
23 | (Source: P.A. 101-634, eff. 6-5-20.)
| ||||||
24 | (410 ILCS 70/8) (from Ch. 111 1/2, par. 87-8)
| ||||||
25 | Sec. 8. Penalties. |
| |||||||
| |||||||
1 | (a) Any hospital or approved pediatric health care | ||||||
2 | facility violating any provisions of this Act other than | ||||||
3 | Section 7.5
shall be guilty of a petty offense for each | ||||||
4 | violation, and any fine imposed
shall be paid into the general | ||||||
5 | corporate funds of the city, incorporated
town or village in | ||||||
6 | which the hospital or approved pediatric health care facility | ||||||
7 | is located, or of the county, in case
such hospital is outside | ||||||
8 | the limits of any incorporated municipality.
| ||||||
9 | (b) The Attorney General may seek the assessment of one or | ||||||
10 | more of the following civil monetary penalties in any action | ||||||
11 | filed under this Act where the hospital, approved pediatric | ||||||
12 | health care facility, health care professional, ambulance | ||||||
13 | provider, laboratory, or pharmacy knowingly violates Section | ||||||
14 | 7.5 of the Act: | ||||||
15 | (1) For willful violations of paragraphs (1), (2), | ||||||
16 | (4), or (5) of subsection (a) of Section 7.5 or subsection | ||||||
17 | (c) of Section 7.5, the civil monetary penalty shall not | ||||||
18 | exceed $500 per violation. | ||||||
19 | (2) For violations of paragraphs (1), (2), (4), or (5) | ||||||
20 | of subsection (a) of Section 7.5 or subsection (c) of | ||||||
21 | Section 7.5 involving a pattern or practice, the civil | ||||||
22 | monetary penalty shall not exceed $500 per violation. | ||||||
23 | (3) For violations of paragraph (3) of subsection (a) | ||||||
24 | of Section 7.5, the civil monetary penalty shall not | ||||||
25 | exceed $500 for each day the bill is with a collection | ||||||
26 | agency. |
| |||||||
| |||||||
1 | (4) For violations involving the failure to submit | ||||||
2 | billing protocols within the time period required under | ||||||
3 | subsection (d) of Section 7.5, the civil monetary penalty | ||||||
4 | shall not exceed $100 per day until the health care | ||||||
5 | professional or approved pediatric health care facility | ||||||
6 | complies with subsection (d) of Section 7.5. | ||||||
7 | All civil monetary penalties shall be deposited into the | ||||||
8 | Violent Crime Victims Assistance Fund. | ||||||
9 | (c) This Section is effective on and after January 1, 2022 | ||||||
10 | July 1, 2021 . | ||||||
11 | (Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
| ||||||
12 | (410 ILCS 70/8-1) | ||||||
13 | (Section scheduled to be repealed on June 30, 2021) | ||||||
14 | Sec. 8-1. Penalties. | ||||||
15 | (a) Any hospital, approved pediatric health care facility, | ||||||
16 | or approved federally qualified health center violating any | ||||||
17 | provisions of this Act other than Section 7.5-1 shall be | ||||||
18 | guilty of a petty offense for each violation, and any fine | ||||||
19 | imposed shall be paid into the general corporate funds of the | ||||||
20 | city, incorporated town or village in which the hospital, | ||||||
21 | approved pediatric health care facility, or approved federally | ||||||
22 | qualified health center is located, or of the
county, in case | ||||||
23 | such hospital is outside the limits of any incorporated | ||||||
24 | municipality. | ||||||
25 | (b) The Attorney General may seek the assessment of one or |
| |||||||
| |||||||
1 | more of the following civil monetary penalties in any action | ||||||
2 | filed under this Act where the hospital, approved pediatric | ||||||
3 | health care facility, approved federally qualified health | ||||||
4 | center, health care professional, ambulance provider, | ||||||
5 | laboratory, or pharmacy knowingly violates Section 7.5-1 of | ||||||
6 | the Act: | ||||||
7 | (1) For willful violations of paragraphs (1), (2), | ||||||
8 | (4), or (5) of subsection (a) of Section 7.5-1 or | ||||||
9 | subsection (c) of Section 7.5-1, the civil monetary | ||||||
10 | penalty shall not exceed $500 per violation. | ||||||
11 | (2) For violations of paragraphs (1), (2), (4), or (5) | ||||||
12 | of subsection (a) of Section 7.5-1 or subsection (c) of | ||||||
13 | Section 7.5-1 involving a pattern or practice, the civil | ||||||
14 | monetary penalty shall not exceed $500 per violation. | ||||||
15 | (3) For violations of paragraph (3) of subsection (a) | ||||||
16 | of Section 7.5-1, the civil monetary penalty shall not | ||||||
17 | exceed $500 for each day the bill is with a collection | ||||||
18 | agency. | ||||||
19 | (4) For violations involving the failure to submit | ||||||
20 | billing protocols within the time period required under | ||||||
21 | subsection (d) of Section 7.5-1, the civil monetary | ||||||
22 | penalty shall not exceed $100 per day until the health | ||||||
23 | care professional or approved pediatric health care | ||||||
24 | facility complies with subsection (d) of Section 7.5-1. | ||||||
25 | All civil monetary penalties shall be deposited into the | ||||||
26 | Violent Crime Victims Assistance Fund. |
| |||||||
| |||||||
1 | (c) This Section is repealed on December 31 June 30 , 2021.
| ||||||
2 | (Source: P.A. 101-634, eff. 6-5-20.)
| ||||||
3 | (410 ILCS 70/10) | ||||||
4 | Sec. 10. Sexual Assault Nurse Examiner Program. | ||||||
5 | (a) The Sexual Assault Nurse Examiner Program is | ||||||
6 | established within the Office of the Attorney General. The | ||||||
7 | Sexual Assault Nurse Examiner Program shall maintain a list of | ||||||
8 | sexual assault nurse examiners who have completed didactic and | ||||||
9 | clinical training requirements consistent with the Sexual | ||||||
10 | Assault Nurse Examiner Education Guidelines established by the | ||||||
11 | International Association of Forensic Nurses. | ||||||
12 | (b) By March 1, 2019, the Sexual Assault Nurse Examiner | ||||||
13 | Program shall develop and make available to hospitals 2 hours | ||||||
14 | of online sexual assault training for emergency department | ||||||
15 | clinical staff to meet the training requirement established in | ||||||
16 | subsection (a) of Section 2. Notwithstanding any other law | ||||||
17 | regarding ongoing licensure requirements, such training shall | ||||||
18 | count toward the continuing medical education and continuing | ||||||
19 | nursing education credits for physicians, physician | ||||||
20 | assistants, advanced practice registered nurses, and | ||||||
21 | registered professional nurses. | ||||||
22 | The Sexual Assault Nurse Examiner Program shall provide | ||||||
23 | didactic and clinical training opportunities consistent with | ||||||
24 | the Sexual Assault Nurse Examiner Education Guidelines | ||||||
25 | established by the International Association of Forensic |
| |||||||
| |||||||
1 | Nurses, in sufficient numbers and geographical locations | ||||||
2 | across the State, to assist hospitals with training the | ||||||
3 | necessary number of sexual assault nurse examiners to comply | ||||||
4 | with the requirement of this Act to employ or contract with a | ||||||
5 | qualified medical provider to initiate medical forensic | ||||||
6 | services to a
sexual assault survivor within 90 minutes of the | ||||||
7 | patient
presenting to the hospital as required in subsection | ||||||
8 | (a-7) of Section 5. | ||||||
9 | The Sexual Assault Nurse Examiner Program shall assist | ||||||
10 | hospitals in establishing trainings to achieve the | ||||||
11 | requirements of this Act. | ||||||
12 | For the purpose of providing continuing medical education | ||||||
13 | credit in accordance with the Medical Practice Act of 1987 and | ||||||
14 | administrative rules adopted under the Medical Practice Act of | ||||||
15 | 1987 and continuing education credit in accordance with the | ||||||
16 | Nurse Practice Act and administrative rules adopted under the | ||||||
17 | Nurse Practice Act to health care professionals for the | ||||||
18 | completion of sexual assault training provided by the Sexual | ||||||
19 | Assault Nurse Examiner Program under this Act, the Office of | ||||||
20 | the Attorney General shall be considered a State agency. | ||||||
21 | (c) The Sexual Assault Nurse Examiner Program, in | ||||||
22 | consultation with qualified medical providers, shall create | ||||||
23 | uniform materials that all
treatment hospitals, treatment | ||||||
24 | hospitals with approved pediatric transfer, and approved | ||||||
25 | pediatric health care facilities are
required to give patients | ||||||
26 | and non-offending parents or legal
guardians, if applicable, |
| |||||||
| |||||||
1 | regarding the medical forensic exam
procedure, laws regarding | ||||||
2 | consenting to medical forensic
services, and the benefits and | ||||||
3 | risks of evidence collection,
including recommended time | ||||||
4 | frames for evidence collection
pursuant to evidence-based | ||||||
5 | research. These materials shall be
made available to all | ||||||
6 | hospitals and approved pediatric health
care facilities on the | ||||||
7 | Office of the Attorney General's
website.
| ||||||
8 | (d) This Section is effective on and after January 1, 2022 | ||||||
9 | July 1, 2021 . | ||||||
10 | (Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
| ||||||
11 | (410 ILCS 70/10-1) | ||||||
12 | (Section scheduled to be repealed on June 30, 2021) | ||||||
13 | Sec. 10-1. Sexual Assault Nurse Examiner Program. | ||||||
14 | (a) The Sexual Assault Nurse Examiner Program is | ||||||
15 | established within the Office of the Attorney General. The | ||||||
16 | Sexual Assault Nurse Examiner Program shall maintain a list of | ||||||
17 | sexual assault nurse examiners who have completed didactic and | ||||||
18 | clinical training requirements consistent with the Sexual | ||||||
19 | Assault Nurse Examiner Education Guidelines established by the | ||||||
20 | International Association of Forensic Nurses. | ||||||
21 | (b) By March 1, 2019, the Sexual Assault Nurse Examiner | ||||||
22 | Program shall develop and make available to hospitals 2 hours | ||||||
23 | of online sexual assault training for emergency department | ||||||
24 | clinical staff to meet the training requirement established in | ||||||
25 | subsection (a) of Section 2-1. Notwithstanding any other law |
| |||||||
| |||||||
1 | regarding ongoing licensure requirements, such training shall | ||||||
2 | count toward the continuing medical education and continuing | ||||||
3 | nursing education credits for physicians, physician | ||||||
4 | assistants, advanced practice registered nurses, and | ||||||
5 | registered professional nurses. | ||||||
6 | The Sexual Assault Nurse Examiner Program shall provide | ||||||
7 | didactic and clinical training opportunities consistent with | ||||||
8 | the Sexual Assault Nurse Examiner Education Guidelines | ||||||
9 | established by the International Association of Forensic | ||||||
10 | Nurses, in sufficient numbers and geographical locations | ||||||
11 | across the State, to assist hospitals with training the | ||||||
12 | necessary number of sexual assault nurse examiners to comply | ||||||
13 | with the requirement of this Act to employ or contract with a | ||||||
14 | qualified medical provider to initiate medical forensic | ||||||
15 | services to a
sexual assault survivor within 90 minutes of the | ||||||
16 | patient
presenting to the hospital as required in subsection | ||||||
17 | (a-7) of Section 5-1. | ||||||
18 | The Sexual Assault Nurse Examiner Program shall assist | ||||||
19 | hospitals in establishing trainings to achieve the | ||||||
20 | requirements of this Act. | ||||||
21 | For the purpose of providing continuing medical education | ||||||
22 | credit in accordance with the Medical Practice Act of 1987 and | ||||||
23 | administrative rules adopted under the Medical Practice Act of | ||||||
24 | 1987 and continuing education credit in accordance with the | ||||||
25 | Nurse Practice Act and administrative rules adopted under the | ||||||
26 | Nurse Practice Act to health care professionals for the |
| |||||||
| |||||||
1 | completion of sexual assault training provided by the Sexual | ||||||
2 | Assault Nurse Examiner Program under this Act, the Office of | ||||||
3 | the Attorney General shall be considered a State agency. | ||||||
4 | (c) The Sexual Assault Nurse Examiner Program, in | ||||||
5 | consultation with qualified medical providers, shall create | ||||||
6 | uniform materials that all treatment hospitals, treatment | ||||||
7 | hospitals with approved pediatric transfer, approved pediatric | ||||||
8 | health care facilities, and approved federally
qualified | ||||||
9 | health centers are required to give patients and non-offending | ||||||
10 | parents or legal guardians, if applicable, regarding the | ||||||
11 | medical forensic exam procedure, laws regarding consenting to | ||||||
12 | medical forensic services, and the benefits and risks of | ||||||
13 | evidence collection, including recommended time frames for | ||||||
14 | evidence collection pursuant to evidence-based research. These | ||||||
15 | materials shall be made available to all hospitals, approved | ||||||
16 | pediatric health care facilities, and approved federally | ||||||
17 | qualified health centers on the Office of the Attorney | ||||||
18 | General's website. | ||||||
19 | (d) This Section is repealed on December 31 June 30 , 2021.
| ||||||
20 | (Source: P.A. 101-634, eff. 6-5-20.)
| ||||||
21 | Section 10. The Code of Criminal Procedure of 1963 is | ||||||
22 | amended by changing Section 106B-10 as follows:
| ||||||
23 | (725 ILCS 5/106B-10) | ||||||
24 | Sec. 106B-10. Conditions for testimony by a victim who is |
| |||||||
| |||||||
1 | a child or a moderately, severely, or profoundly | ||||||
2 | intellectually disabled person or a person affected by a | ||||||
3 | developmental disability. In a prosecution of criminal sexual | ||||||
4 | assault, predatory criminal sexual assault of a child, | ||||||
5 | aggravated criminal sexual assault, criminal sexual abuse, or | ||||||
6 | aggravated criminal sexual abuse, or any violent crime as | ||||||
7 | defined in subsection (c) of Section 3 of the Rights of Crime | ||||||
8 | Victims and Witnesses Act, the court may set any conditions it | ||||||
9 | finds just and appropriate on the taking of testimony of a | ||||||
10 | victim who is a child under the age of 18 years or a | ||||||
11 | moderately, severely, or profoundly intellectually disabled | ||||||
12 | person or a person affected by a developmental disability, | ||||||
13 | involving the use of a facility dog in any proceeding | ||||||
14 | involving that offense. When deciding whether to permit the | ||||||
15 | child or person to testify with the assistance of a facility | ||||||
16 | dog, the court shall take into consideration the age of the | ||||||
17 | child or person, the rights of the parties to the litigation, | ||||||
18 | and any other relevant factor that would facilitate the | ||||||
19 | testimony by the child or the person. As used in this Section, | ||||||
20 | "facility dog" means a dog that is a graduate of an assistance | ||||||
21 | dog organization that is a member of Assistance Dogs | ||||||
22 | International.
| ||||||
23 | (Source: P.A. 99-94, eff. 1-1-16 .)
| ||||||
24 | Section 15. The Rights of Crime Victims and Witnesses Act | ||||||
25 | is amended by changing Sections 4.5, 7, and 9 as follows:
|
| |||||||
| |||||||
1 | (725 ILCS 120/4.5)
| ||||||
2 | (Text of Section before amendment by P.A. 101-652 ) | ||||||
3 | Sec. 4.5. Procedures to implement the rights of crime | ||||||
4 | victims. To afford
crime victims their rights, law | ||||||
5 | enforcement, prosecutors, judges, and
corrections will provide | ||||||
6 | information, as appropriate, of the following
procedures:
| ||||||
7 | (a) At the request of the crime victim, law enforcement | ||||||
8 | authorities
investigating the case shall provide notice of the | ||||||
9 | status of the investigation,
except where the State's Attorney | ||||||
10 | determines that disclosure of such
information would | ||||||
11 | unreasonably interfere with the investigation, until such
time | ||||||
12 | as the alleged assailant is apprehended or the investigation | ||||||
13 | is closed.
| ||||||
14 | (a-5) When law enforcement authorities reopen a closed | ||||||
15 | case to resume investigating, they shall provide notice of the | ||||||
16 | reopening of the case, except where the State's Attorney | ||||||
17 | determines that disclosure of such information would | ||||||
18 | unreasonably interfere with the investigation. | ||||||
19 | (b) The office of the State's Attorney:
| ||||||
20 | (1) shall provide notice of the filing of an | ||||||
21 | information, the return of an
indictment, or the
filing of | ||||||
22 | a petition to adjudicate a minor as a delinquent for a | ||||||
23 | violent
crime;
| ||||||
24 | (2) shall provide timely notice of the date, time, and | ||||||
25 | place of court proceedings; of any change in the date, |
| |||||||
| |||||||
1 | time, and place of court proceedings; and of any | ||||||
2 | cancellation of court proceedings. Notice shall be | ||||||
3 | provided in sufficient time, wherever possible, for the | ||||||
4 | victim to
make arrangements to attend or to prevent an | ||||||
5 | unnecessary appearance at court proceedings;
| ||||||
6 | (3) or victim advocate personnel shall provide | ||||||
7 | information of social
services and financial assistance | ||||||
8 | available for victims of crime, including
information of | ||||||
9 | how to apply for these services and assistance;
| ||||||
10 | (3.5) or victim advocate personnel shall provide | ||||||
11 | information about available victim services, including | ||||||
12 | referrals to programs, counselors, and agencies that | ||||||
13 | assist a victim to deal with trauma, loss, and grief; | ||||||
14 | (4) shall assist in having any stolen or other | ||||||
15 | personal property held by
law enforcement authorities for | ||||||
16 | evidentiary or other purposes returned as
expeditiously as | ||||||
17 | possible, pursuant to the procedures set out in Section | ||||||
18 | 115-9
of the Code of Criminal Procedure of 1963;
| ||||||
19 | (5) or victim advocate personnel shall provide | ||||||
20 | appropriate employer
intercession services to ensure that | ||||||
21 | employers of victims will cooperate with
the criminal | ||||||
22 | justice system in order to minimize an employee's loss of | ||||||
23 | pay and
other benefits resulting from court appearances;
| ||||||
24 | (6) shall provide, whenever possible, a secure waiting
| ||||||
25 | area during court proceedings that does not require | ||||||
26 | victims to be in close
proximity to defendants or |
| |||||||
| |||||||
1 | juveniles accused of a violent crime, and their
families | ||||||
2 | and friends;
| ||||||
3 | (7) shall provide notice to the crime victim of the | ||||||
4 | right to have a
translator present at all court | ||||||
5 | proceedings and, in compliance with the federal Americans
| ||||||
6 | with Disabilities Act of 1990, the right to communications | ||||||
7 | access through a
sign language interpreter or by other | ||||||
8 | means;
| ||||||
9 | (8) (blank);
| ||||||
10 | (8.5) shall inform the victim of the right to be | ||||||
11 | present at all court proceedings, unless the victim is to | ||||||
12 | testify and the court determines that the victim's | ||||||
13 | testimony would be materially affected if the victim hears | ||||||
14 | other testimony at trial; | ||||||
15 | (9) shall inform the victim of the right to have | ||||||
16 | present at all court
proceedings, subject to the rules of | ||||||
17 | evidence and confidentiality, an advocate and other | ||||||
18 | support
person of the victim's choice; | ||||||
19 | (9.3) shall inform the victim of the right to retain | ||||||
20 | an attorney, at the
victim's own expense, who, upon | ||||||
21 | written notice filed with the clerk of the
court and | ||||||
22 | State's Attorney, is to receive copies of all notices, | ||||||
23 | motions, and
court orders filed thereafter in the case, in | ||||||
24 | the same manner as if the victim
were a named party in the | ||||||
25 | case;
| ||||||
26 | (9.5) shall inform the victim of (A) the victim's |
| |||||||
| |||||||
1 | right under Section 6 of this Act to make a statement at | ||||||
2 | the sentencing hearing; (B) the right of the victim's | ||||||
3 | spouse, guardian, parent, grandparent, and other immediate | ||||||
4 | family and household members under Section 6 of this Act | ||||||
5 | to present a statement at sentencing; and (C) if a | ||||||
6 | presentence report is to be prepared, the right of the | ||||||
7 | victim's spouse, guardian, parent, grandparent, and other | ||||||
8 | immediate family and household members to submit | ||||||
9 | information to the preparer of the presentence report | ||||||
10 | about the effect the offense has had on the victim and the | ||||||
11 | person; | ||||||
12 | (10) at the sentencing shall make a good faith attempt | ||||||
13 | to explain
the minimum amount of time during which the | ||||||
14 | defendant may actually be
physically imprisoned. The | ||||||
15 | Office of the State's Attorney shall further notify
the | ||||||
16 | crime victim of the right to request from the Prisoner | ||||||
17 | Review Board
or Department of Juvenile Justice information | ||||||
18 | concerning the release of the defendant;
| ||||||
19 | (11) shall request restitution at sentencing and as | ||||||
20 | part of a plea agreement if the victim requests | ||||||
21 | restitution;
| ||||||
22 | (12) shall, upon the court entering a verdict of not | ||||||
23 | guilty by reason of insanity, inform the victim of the | ||||||
24 | notification services available from the Department of | ||||||
25 | Human Services, including the statewide telephone number, | ||||||
26 | under subparagraph (d)(2) of this Section;
|
| |||||||
| |||||||
1 | (13) shall provide notice within a reasonable time | ||||||
2 | after receipt of notice from
the custodian, of the release | ||||||
3 | of the defendant on bail or personal recognizance
or the | ||||||
4 | release from detention of a minor who has been detained;
| ||||||
5 | (14) shall explain in nontechnical language the | ||||||
6 | details of any plea or verdict of
a defendant, or any | ||||||
7 | adjudication of a juvenile as a delinquent;
| ||||||
8 | (15) shall make all reasonable efforts to consult with | ||||||
9 | the crime victim before the Office of
the State's Attorney | ||||||
10 | makes an offer of a plea bargain to the defendant or
enters | ||||||
11 | into negotiations with the defendant concerning a possible | ||||||
12 | plea
agreement, and shall consider the written statement, | ||||||
13 | if prepared
prior to entering into a plea agreement. The | ||||||
14 | right to consult with the prosecutor does not include the | ||||||
15 | right to veto a plea agreement or to insist the case go to | ||||||
16 | trial. If the State's Attorney has not consulted with the | ||||||
17 | victim prior to making an offer or entering into plea | ||||||
18 | negotiations with the defendant, the Office of the State's | ||||||
19 | Attorney shall notify the victim of the offer or the | ||||||
20 | negotiations within 2 business days and confer with the | ||||||
21 | victim;
| ||||||
22 | (16) shall provide notice of the ultimate disposition | ||||||
23 | of the cases arising from
an indictment or an information, | ||||||
24 | or a petition to have a juvenile adjudicated
as a | ||||||
25 | delinquent for a violent crime;
| ||||||
26 | (17) shall provide notice of any appeal taken by the |
| |||||||
| |||||||
1 | defendant and information
on how to contact the | ||||||
2 | appropriate agency handling the appeal, and how to request | ||||||
3 | notice of any hearing, oral argument, or decision of an | ||||||
4 | appellate court;
| ||||||
5 | (18) shall provide timely notice of any request for | ||||||
6 | post-conviction review filed by the
defendant under | ||||||
7 | Article 122 of the Code of Criminal Procedure of 1963, and | ||||||
8 | of
the date, time and place of any hearing concerning the | ||||||
9 | petition. Whenever
possible, notice of the hearing shall | ||||||
10 | be given within 48 hours of the court's scheduling of the | ||||||
11 | hearing; and
| ||||||
12 | (19) shall forward a copy of any statement presented | ||||||
13 | under Section 6 to the
Prisoner Review Board or Department | ||||||
14 | of Juvenile Justice to be considered in making a | ||||||
15 | determination
under Section 3-2.5-85 or subsection (b) of | ||||||
16 | Section 3-3-8 of the Unified Code of Corrections.
| ||||||
17 | (c) The court shall ensure that the rights of the victim | ||||||
18 | are afforded. | ||||||
19 | (c-5) The following procedures shall be followed to afford | ||||||
20 | victims the rights guaranteed by Article I, Section 8.1 of the | ||||||
21 | Illinois Constitution: | ||||||
22 | (1) Written notice. A victim may complete a written | ||||||
23 | notice of intent to assert rights on a form prepared by the | ||||||
24 | Office of the Attorney General and provided to the victim | ||||||
25 | by the State's Attorney. The victim may at any time | ||||||
26 | provide a revised written notice to the State's Attorney. |
| |||||||
| |||||||
1 | The State's Attorney shall file the written notice with | ||||||
2 | the court. At the beginning of any court proceeding in | ||||||
3 | which the right of a victim may be at issue, the court and | ||||||
4 | prosecutor shall review the written notice to determine | ||||||
5 | whether the victim has asserted the right that may be at | ||||||
6 | issue. | ||||||
7 | (2) Victim's retained attorney. A victim's attorney | ||||||
8 | shall file an entry of appearance limited to assertion of | ||||||
9 | the victim's rights. Upon the filing of the entry of | ||||||
10 | appearance and service on the State's Attorney and the | ||||||
11 | defendant, the attorney is to receive copies of all | ||||||
12 | notices, motions and court orders filed thereafter in the | ||||||
13 | case. | ||||||
14 | (3) Standing. The victim has standing to assert the | ||||||
15 | rights enumerated in subsection (a) of Article I, Section | ||||||
16 | 8.1 of the Illinois Constitution and the statutory rights | ||||||
17 | under Section 4 of this Act in any court exercising | ||||||
18 | jurisdiction over the criminal case. The prosecuting | ||||||
19 | attorney, a victim, or the victim's retained attorney may | ||||||
20 | assert the victim's rights. The defendant in the criminal | ||||||
21 | case has no standing to assert a right of the victim in any | ||||||
22 | court proceeding, including on appeal. | ||||||
23 | (4) Assertion of and enforcement of rights. | ||||||
24 | (A) The prosecuting attorney shall assert a | ||||||
25 | victim's right or request enforcement of a right by | ||||||
26 | filing a motion or by orally asserting the right or |
| |||||||
| |||||||
1 | requesting enforcement in open court in the criminal | ||||||
2 | case outside the presence of the jury. The prosecuting | ||||||
3 | attorney shall consult with the victim and the | ||||||
4 | victim's attorney regarding the assertion or | ||||||
5 | enforcement of a right. If the prosecuting attorney | ||||||
6 | decides not to assert or enforce a victim's right, the | ||||||
7 | prosecuting attorney shall notify the victim or the | ||||||
8 | victim's attorney in sufficient time to allow the | ||||||
9 | victim or the victim's attorney to assert the right or | ||||||
10 | to seek enforcement of a right. | ||||||
11 | (B) If the prosecuting attorney elects not to | ||||||
12 | assert a victim's right or to seek enforcement of a | ||||||
13 | right, the victim or the victim's attorney may assert | ||||||
14 | the victim's right or request enforcement of a right | ||||||
15 | by filing a motion or by orally asserting the right or | ||||||
16 | requesting enforcement in open court in the criminal | ||||||
17 | case outside the presence of the jury. | ||||||
18 | (C) If the prosecuting attorney asserts a victim's | ||||||
19 | right or seeks enforcement of a right, and the court | ||||||
20 | denies the assertion of the right or denies the | ||||||
21 | request for enforcement of a right, the victim or | ||||||
22 | victim's attorney may file a motion to assert the | ||||||
23 | victim's right or to request enforcement of the right | ||||||
24 | within 10 days of the court's ruling. The motion need | ||||||
25 | not demonstrate the grounds for a motion for | ||||||
26 | reconsideration. The court shall rule on the merits of |
| |||||||
| |||||||
1 | the motion. | ||||||
2 | (D) The court shall take up and decide any motion | ||||||
3 | or request asserting or seeking enforcement of a | ||||||
4 | victim's right without delay, unless a specific time | ||||||
5 | period is specified by law or court rule. The reasons | ||||||
6 | for any decision denying the motion or request shall | ||||||
7 | be clearly stated on the record. | ||||||
8 | (5) Violation of rights and remedies. | ||||||
9 | (A) If the court determines that a victim's right | ||||||
10 | has been violated, the court shall determine the | ||||||
11 | appropriate remedy for the violation of the victim's | ||||||
12 | right by hearing from the victim and the parties, | ||||||
13 | considering all factors relevant to the issue, and | ||||||
14 | then awarding appropriate relief to the victim. | ||||||
15 | (A-5) Consideration of an issue of a substantive | ||||||
16 | nature or an issue that implicates the constitutional | ||||||
17 | or statutory right of a victim at a court proceeding | ||||||
18 | labeled as a status hearing shall constitute a per se | ||||||
19 | violation of a victim's right. | ||||||
20 | (B) The appropriate remedy shall include only | ||||||
21 | actions necessary to provide the victim the right to | ||||||
22 | which the victim was entitled and may include | ||||||
23 | reopening previously held proceedings; however, in no | ||||||
24 | event shall the court vacate a conviction. Any remedy | ||||||
25 | shall be tailored to provide the victim an appropriate | ||||||
26 | remedy without violating any constitutional right of |
| |||||||
| |||||||
1 | the defendant. In no event shall the appropriate | ||||||
2 | remedy be a new trial, damages, or costs. | ||||||
3 | (6) Right to be heard. Whenever a victim has the right | ||||||
4 | to be heard, the court shall allow the victim to exercise | ||||||
5 | the right in any reasonable manner the victim chooses. | ||||||
6 | (7) Right to attend trial. A party must file a written | ||||||
7 | motion to exclude a victim from trial at least 60 days | ||||||
8 | prior to the date set for trial. The motion must state with | ||||||
9 | specificity the reason exclusion is necessary to protect a | ||||||
10 | constitutional right of the party, and must contain an | ||||||
11 | offer of proof. The court shall rule on the motion within | ||||||
12 | 30 days. If the motion is granted, the court shall set | ||||||
13 | forth on the record the facts that support its finding | ||||||
14 | that the victim's testimony will be materially affected if | ||||||
15 | the victim hears other testimony at trial. | ||||||
16 | (8) Right to have advocate and support person present | ||||||
17 | at court proceedings. | ||||||
18 | (A) A party who intends to call an advocate as a | ||||||
19 | witness at trial must seek permission of the court | ||||||
20 | before the subpoena is issued. The party must file a | ||||||
21 | written motion at least 90 days before trial that sets | ||||||
22 | forth specifically the issues on which the advocate's | ||||||
23 | testimony is sought and an offer of proof regarding | ||||||
24 | (i) the content of the anticipated testimony of the | ||||||
25 | advocate; and (ii) the relevance, admissibility, and | ||||||
26 | materiality of the anticipated testimony. The court |
| |||||||
| |||||||
1 | shall consider the motion and make findings within 30 | ||||||
2 | days of the filing of the motion. If the court finds by | ||||||
3 | a preponderance of the evidence that: (i) the | ||||||
4 | anticipated testimony is not protected by an absolute | ||||||
5 | privilege; and (ii) the anticipated testimony contains | ||||||
6 | relevant, admissible, and material evidence that is | ||||||
7 | not available through other witnesses or evidence, the | ||||||
8 | court shall issue a subpoena requiring the advocate to | ||||||
9 | appear to testify at an in camera hearing. The | ||||||
10 | prosecuting attorney and the victim shall have 15 days | ||||||
11 | to seek appellate review before the advocate is | ||||||
12 | required to testify at an ex parte in camera | ||||||
13 | proceeding. | ||||||
14 | The prosecuting attorney, the victim, and the | ||||||
15 | advocate's attorney shall be allowed to be present at | ||||||
16 | the ex parte in camera proceeding. If, after | ||||||
17 | conducting the ex parte in camera hearing, the court | ||||||
18 | determines that due process requires any testimony | ||||||
19 | regarding confidential or privileged information or | ||||||
20 | communications, the court shall provide to the | ||||||
21 | prosecuting attorney, the victim, and the advocate's | ||||||
22 | attorney a written memorandum on the substance of the | ||||||
23 | advocate's testimony. The prosecuting attorney, the | ||||||
24 | victim, and the advocate's attorney shall have 15 days | ||||||
25 | to seek appellate review before a subpoena may be | ||||||
26 | issued for the advocate to testify at trial. The |
| |||||||
| |||||||
1 | presence of the prosecuting attorney at the ex parte | ||||||
2 | in camera proceeding does not make the substance of | ||||||
3 | the advocate's testimony that the court has ruled | ||||||
4 | inadmissible subject to discovery. | ||||||
5 | (B) If a victim has asserted the right to have a | ||||||
6 | support person present at the court proceedings, the | ||||||
7 | victim shall provide the name of the person the victim | ||||||
8 | has chosen to be the victim's support person to the | ||||||
9 | prosecuting attorney, within 60 days of trial. The | ||||||
10 | prosecuting attorney shall provide the name to the | ||||||
11 | defendant. If the defendant intends to call the | ||||||
12 | support person as a witness at trial, the defendant | ||||||
13 | must seek permission of the court before a subpoena is | ||||||
14 | issued. The defendant must file a written motion at | ||||||
15 | least 45 days prior to trial that sets forth | ||||||
16 | specifically the issues on which the support person | ||||||
17 | will testify and an offer of proof regarding: (i) the | ||||||
18 | content of the anticipated testimony of the support | ||||||
19 | person; and (ii) the relevance, admissibility, and | ||||||
20 | materiality of the anticipated testimony. | ||||||
21 | If the prosecuting attorney intends to call the | ||||||
22 | support person as a witness during the State's | ||||||
23 | case-in-chief, the prosecuting attorney shall inform | ||||||
24 | the court of this intent in the response to the | ||||||
25 | defendant's written motion. The victim may choose a | ||||||
26 | different person to be the victim's support person. |
| |||||||
| |||||||
1 | The court may allow the defendant to inquire about | ||||||
2 | matters outside the scope of the direct examination | ||||||
3 | during cross-examination. If the court allows the | ||||||
4 | defendant to do so, the support person shall be | ||||||
5 | allowed to remain in the courtroom after the support | ||||||
6 | person has testified. A defendant who fails to | ||||||
7 | question the support person about matters outside the | ||||||
8 | scope of direct examination during the State's | ||||||
9 | case-in-chief waives the right to challenge the | ||||||
10 | presence of the support person on appeal. The court | ||||||
11 | shall allow the support person to testify if called as | ||||||
12 | a witness in the defendant's case-in-chief or the | ||||||
13 | State's rebuttal. | ||||||
14 | If the court does not allow the defendant to | ||||||
15 | inquire about matters outside the scope of the direct | ||||||
16 | examination, the support person shall be allowed to | ||||||
17 | remain in the courtroom after the support person has | ||||||
18 | been called by the defendant or the defendant has | ||||||
19 | rested. The court shall allow the support person to | ||||||
20 | testify in the State's rebuttal. | ||||||
21 | If the prosecuting attorney does not intend to | ||||||
22 | call the support person in the State's case-in-chief, | ||||||
23 | the court shall verify with the support person whether | ||||||
24 | the support person, if called as a witness, would | ||||||
25 | testify as set forth in the offer of proof. If the | ||||||
26 | court finds that the support person would testify as |
| |||||||
| |||||||
1 | set forth in the offer of proof, the court shall rule | ||||||
2 | on the relevance, materiality, and admissibility of | ||||||
3 | the anticipated testimony. If the court rules the | ||||||
4 | anticipated testimony is admissible, the court shall | ||||||
5 | issue the subpoena. The support person may remain in | ||||||
6 | the courtroom after the support person testifies and | ||||||
7 | shall be allowed to testify in rebuttal. | ||||||
8 | If the court excludes the victim's support person | ||||||
9 | during the State's case-in-chief, the victim shall be | ||||||
10 | allowed to choose another support person to be present | ||||||
11 | in court. | ||||||
12 | If the victim fails to designate a support person | ||||||
13 | within 60 days of trial and the defendant has | ||||||
14 | subpoenaed the support person to testify at trial, the | ||||||
15 | court may exclude the support person from the trial | ||||||
16 | until the support person testifies. If the court | ||||||
17 | excludes the support person the victim may choose | ||||||
18 | another person as a support person. | ||||||
19 | (9) Right to notice and hearing before disclosure of | ||||||
20 | confidential or privileged information or records. A | ||||||
21 | defendant who seeks to subpoena records of or concerning | ||||||
22 | the victim that are confidential or privileged by law must | ||||||
23 | seek permission of the court before the subpoena is | ||||||
24 | issued. The defendant must file a written motion and an | ||||||
25 | offer of proof regarding the relevance, admissibility and | ||||||
26 | materiality of the records. If the court finds by a |
| |||||||
| |||||||
1 | preponderance of the evidence that: (A) the records are | ||||||
2 | not protected by an absolute privilege and (B) the records | ||||||
3 | contain relevant, admissible, and material evidence that | ||||||
4 | is not available through other witnesses or evidence, the | ||||||
5 | court shall issue a subpoena requiring a sealed copy of | ||||||
6 | the records be delivered to the court to be reviewed in | ||||||
7 | camera. If, after conducting an in camera review of the | ||||||
8 | records, the court determines that due process requires | ||||||
9 | disclosure of any portion of the records, the court shall | ||||||
10 | provide copies of what it intends to disclose to the | ||||||
11 | prosecuting attorney and the victim. The prosecuting | ||||||
12 | attorney and the victim shall have 30 days to seek | ||||||
13 | appellate review before the records are disclosed to the | ||||||
14 | defendant. The disclosure of copies of any portion of the | ||||||
15 | records to the prosecuting attorney does not make the | ||||||
16 | records subject to discovery. | ||||||
17 | (10) Right to notice of court proceedings. If the | ||||||
18 | victim is not present at a court proceeding in which a | ||||||
19 | right of the victim is at issue, the court shall ask the | ||||||
20 | prosecuting attorney whether the victim was notified of | ||||||
21 | the time, place, and purpose of the court proceeding and | ||||||
22 | that the victim had a right to be heard at the court | ||||||
23 | proceeding. If the court determines that timely notice was | ||||||
24 | not given or that the victim was not adequately informed | ||||||
25 | of the nature of the court proceeding, the court shall not | ||||||
26 | rule on any substantive issues, accept a plea, or impose a |
| |||||||
| |||||||
1 | sentence and shall continue the hearing for the time | ||||||
2 | necessary to notify the victim of the time, place and | ||||||
3 | nature of the court proceeding. The time between court | ||||||
4 | proceedings shall not be attributable to the State under | ||||||
5 | Section 103-5 of the Code of Criminal Procedure of 1963. | ||||||
6 | (11) Right to timely disposition of the case. A victim | ||||||
7 | has the right to timely disposition of the case so as to | ||||||
8 | minimize the stress, cost, and inconvenience resulting | ||||||
9 | from the victim's involvement in the case. Before ruling | ||||||
10 | on a motion to continue trial or other court proceeding, | ||||||
11 | the court shall inquire into the circumstances for the | ||||||
12 | request for the delay and, if the victim has provided | ||||||
13 | written notice of the assertion of the right to a timely | ||||||
14 | disposition, and whether the victim objects to the delay. | ||||||
15 | If the victim objects, the prosecutor shall inform the | ||||||
16 | court of the victim's objections. If the prosecutor has | ||||||
17 | not conferred with the victim about the continuance, the | ||||||
18 | prosecutor shall inform the court of the attempts to | ||||||
19 | confer. If the court finds the attempts of the prosecutor | ||||||
20 | to confer with the victim were inadequate to protect the | ||||||
21 | victim's right to be heard, the court shall give the | ||||||
22 | prosecutor at least 3 but not more than 5 business days to | ||||||
23 | confer with the victim. In ruling on a motion to continue, | ||||||
24 | the court shall consider the reasons for the requested | ||||||
25 | continuance, the number and length of continuances that | ||||||
26 | have been granted, the victim's objections and procedures |
| |||||||
| |||||||
1 | to avoid further delays. If a continuance is granted over | ||||||
2 | the victim's objection, the court shall specify on the | ||||||
3 | record the reasons for the continuance and the procedures | ||||||
4 | that have been or will be taken to avoid further delays. | ||||||
5 | (12) Right to Restitution. | ||||||
6 | (A) If the victim has asserted the right to | ||||||
7 | restitution and the amount of restitution is known at | ||||||
8 | the time of sentencing, the court shall enter the | ||||||
9 | judgment of restitution at the time of sentencing. | ||||||
10 | (B) If the victim has asserted the right to | ||||||
11 | restitution and the amount of restitution is not known | ||||||
12 | at the time of sentencing, the prosecutor shall, | ||||||
13 | within 5 days after sentencing, notify the victim what | ||||||
14 | information and documentation related to restitution | ||||||
15 | is needed and that the information and documentation | ||||||
16 | must be provided to the prosecutor within 45 days | ||||||
17 | after sentencing. Failure to timely provide | ||||||
18 | information and documentation related to restitution | ||||||
19 | shall be deemed a waiver of the right to restitution. | ||||||
20 | The prosecutor shall file and serve within 60 days | ||||||
21 | after sentencing a proposed judgment for restitution | ||||||
22 | and a notice that includes information concerning the | ||||||
23 | identity of any victims or other persons seeking | ||||||
24 | restitution, whether any victim or other person | ||||||
25 | expressly declines restitution, the nature and amount | ||||||
26 | of any damages together with any supporting |
| |||||||
| |||||||
1 | documentation, a restitution amount recommendation, | ||||||
2 | and the names of any co-defendants and their case | ||||||
3 | numbers. Within 30 days after receipt of the proposed | ||||||
4 | judgment for restitution, the defendant shall file any | ||||||
5 | objection to the proposed judgment, a statement of | ||||||
6 | grounds for the objection, and a financial statement. | ||||||
7 | If the defendant does not file an objection, the court | ||||||
8 | may enter the judgment for restitution without further | ||||||
9 | proceedings. If the defendant files an objection and | ||||||
10 | either party requests a hearing, the court shall | ||||||
11 | schedule a hearing. | ||||||
12 | (13) Access to presentence reports. | ||||||
13 | (A) The victim may request a copy of the | ||||||
14 | presentence report prepared under the Unified Code of | ||||||
15 | Corrections from the State's Attorney. The State's | ||||||
16 | Attorney shall redact the following information before | ||||||
17 | providing a copy of the report: | ||||||
18 | (i) the defendant's mental history and | ||||||
19 | condition; | ||||||
20 | (ii) any evaluation prepared under subsection | ||||||
21 | (b) or (b-5) of Section 5-3-2; and | ||||||
22 | (iii) the name, address, phone number, and | ||||||
23 | other personal information about any other victim. | ||||||
24 | (B) The State's Attorney or the defendant may | ||||||
25 | request the court redact other information in the | ||||||
26 | report that may endanger the safety of any person. |
| |||||||
| |||||||
1 | (C) The State's Attorney may orally disclose to | ||||||
2 | the victim any of the information that has been | ||||||
3 | redacted if there is a reasonable likelihood that the | ||||||
4 | information will be stated in court at the sentencing. | ||||||
5 | (D) The State's Attorney must advise the victim | ||||||
6 | that the victim must maintain the confidentiality of | ||||||
7 | the report and other information. Any dissemination of | ||||||
8 | the report or information that was not stated at a | ||||||
9 | court proceeding constitutes indirect criminal | ||||||
10 | contempt of court. | ||||||
11 | (14) Appellate relief. If the trial court denies the | ||||||
12 | relief requested, the victim, the victim's attorney, or | ||||||
13 | the prosecuting attorney may file an appeal within 30 days | ||||||
14 | of the trial court's ruling. The trial or appellate court | ||||||
15 | may stay the court proceedings if the court finds that a | ||||||
16 | stay would not violate a constitutional right of the | ||||||
17 | defendant. If the appellate court denies the relief | ||||||
18 | sought, the reasons for the denial shall be clearly stated | ||||||
19 | in a written opinion. In any appeal in a criminal case, the | ||||||
20 | State may assert as error the court's denial of any crime | ||||||
21 | victim's right in the proceeding to which the appeal | ||||||
22 | relates. | ||||||
23 | (15) Limitation on appellate relief. In no case shall | ||||||
24 | an appellate court provide a new trial to remedy the | ||||||
25 | violation of a victim's right. | ||||||
26 | (16) The right to be reasonably protected from the |
| |||||||
| |||||||
1 | accused throughout the criminal justice process and the | ||||||
2 | right to have the safety of the victim and the victim's | ||||||
3 | family considered in denying or fixing the amount of bail, | ||||||
4 | determining whether to release the defendant, and setting | ||||||
5 | conditions of release after arrest and conviction. A | ||||||
6 | victim of domestic violence, a sexual offense, or stalking | ||||||
7 | may request the entry of a protective order under Article | ||||||
8 | 112A of the Code of Criminal Procedure of 1963. | ||||||
9 | (d) Procedures after the imposition of sentence. | ||||||
10 | (1) The Prisoner Review Board shall inform a victim or | ||||||
11 | any other
concerned citizen, upon written request, of the | ||||||
12 | prisoner's release on parole,
mandatory supervised | ||||||
13 | release, electronic detention, work release, international | ||||||
14 | transfer or exchange, or by the
custodian, other than the | ||||||
15 | Department of Juvenile Justice, of the discharge of any | ||||||
16 | individual who was adjudicated a delinquent
for a crime | ||||||
17 | from State custody and by the sheriff of the appropriate
| ||||||
18 | county of any such person's final discharge from county | ||||||
19 | custody.
The Prisoner Review Board, upon written request, | ||||||
20 | shall provide to a victim or
any other concerned citizen a | ||||||
21 | recent photograph of any person convicted of a
felony, | ||||||
22 | upon his or her release from custody.
The Prisoner
Review | ||||||
23 | Board, upon written request, shall inform a victim or any | ||||||
24 | other
concerned citizen when feasible at least 7 days | ||||||
25 | prior to the prisoner's release
on furlough of the times | ||||||
26 | and dates of such furlough. Upon written request by
the |
| |||||||
| |||||||
1 | victim or any other concerned citizen, the State's | ||||||
2 | Attorney shall notify
the person once of the times and | ||||||
3 | dates of release of a prisoner sentenced to
periodic | ||||||
4 | imprisonment. Notification shall be based on the most | ||||||
5 | recent
information as to victim's or other concerned | ||||||
6 | citizen's residence or other
location available to the | ||||||
7 | notifying authority.
| ||||||
8 | (2) When the defendant has been committed to the | ||||||
9 | Department of
Human Services pursuant to Section 5-2-4 or | ||||||
10 | any other
provision of the Unified Code of Corrections, | ||||||
11 | the victim may request to be
notified by the releasing | ||||||
12 | authority of the approval by the court of an on-grounds | ||||||
13 | pass, a supervised off-grounds pass, an unsupervised | ||||||
14 | off-grounds pass, or conditional release; the release on | ||||||
15 | an off-grounds pass; the return from an off-grounds pass; | ||||||
16 | transfer to another facility; conditional release; escape; | ||||||
17 | death; or final discharge from State
custody. The | ||||||
18 | Department of Human Services shall establish and maintain | ||||||
19 | a statewide telephone number to be used by victims to make | ||||||
20 | notification requests under these provisions and shall | ||||||
21 | publicize this telephone number on its website and to the | ||||||
22 | State's Attorney of each county.
| ||||||
23 | (3) In the event of an escape from State custody, the | ||||||
24 | Department of
Corrections or the Department of Juvenile | ||||||
25 | Justice immediately shall notify the Prisoner Review Board | ||||||
26 | of the escape
and the Prisoner Review Board shall notify |
| |||||||
| |||||||
1 | the victim. The notification shall
be based upon the most | ||||||
2 | recent information as to the victim's residence or other
| ||||||
3 | location available to the Board. When no such information | ||||||
4 | is available, the
Board shall make all reasonable efforts | ||||||
5 | to obtain the information and make
the notification. When | ||||||
6 | the escapee is apprehended, the Department of
Corrections | ||||||
7 | or the Department of Juvenile Justice immediately shall | ||||||
8 | notify the Prisoner Review Board and the Board
shall | ||||||
9 | notify the victim.
| ||||||
10 | (4) The victim of the crime for which the prisoner has | ||||||
11 | been sentenced
has the right to register with the Prisoner | ||||||
12 | Review Board's victim registry. Victims registered with | ||||||
13 | the Board shall receive reasonable written notice not less | ||||||
14 | than 30 days prior to the
parole hearing or target | ||||||
15 | aftercare release date. The victim has the right to submit | ||||||
16 | a victim statement for consideration by the Prisoner | ||||||
17 | Review Board or the Department of Juvenile Justice in | ||||||
18 | writing, on film, videotape, or other electronic means, or | ||||||
19 | in the form of a recording prior to the parole hearing or | ||||||
20 | target aftercare release date, or in person at the parole | ||||||
21 | hearing or aftercare release protest hearing, or by | ||||||
22 | calling the toll-free number established in subsection (f) | ||||||
23 | of this Section. , The
victim shall be notified within 7 | ||||||
24 | days after the prisoner has been granted
parole or | ||||||
25 | aftercare release and shall be informed of the right to | ||||||
26 | inspect the registry of parole
decisions, established |
| |||||||
| |||||||
1 | under subsection (g) of Section 3-3-5 of the Unified
Code | ||||||
2 | of Corrections. The provisions of this paragraph (4) are | ||||||
3 | subject to the
Open Parole Hearings Act. Victim statements | ||||||
4 | provided to the Board shall be confidential and | ||||||
5 | privileged, including any statements received prior to | ||||||
6 | January 1, 2020 ( the effective date of Public Act 101-288) | ||||||
7 | this amendatory Act of the 101st General Assembly , except | ||||||
8 | if the statement was an oral statement made by the victim | ||||||
9 | at a hearing open to the public.
| ||||||
10 | (4-1) The crime victim has the right to submit a | ||||||
11 | victim statement for consideration by the Prisoner Review | ||||||
12 | Board or the Department of Juvenile Justice prior to or at | ||||||
13 | a hearing to determine the conditions of mandatory | ||||||
14 | supervised release of a person sentenced to a determinate | ||||||
15 | sentence or at a hearing on revocation of mandatory | ||||||
16 | supervised release of a person sentenced to a determinate | ||||||
17 | sentence. A victim statement may be submitted in writing, | ||||||
18 | on film, videotape, or other electronic means, or in the | ||||||
19 | form of a recording, or orally at a hearing, or by calling | ||||||
20 | the toll-free number established in subsection (f) of this | ||||||
21 | Section. Victim statements provided to the Board shall be | ||||||
22 | confidential and privileged, including any statements | ||||||
23 | received prior to January 1, 2020 ( the effective date of | ||||||
24 | Public Act 101-288) this amendatory Act of the 101st | ||||||
25 | General Assembly , except if the statement was an oral | ||||||
26 | statement made by the victim at a hearing open to the |
| |||||||
| |||||||
1 | public. | ||||||
2 | (4-2) The crime victim has the right to submit a | ||||||
3 | victim statement to the Prisoner Review Board for | ||||||
4 | consideration at an executive clemency hearing as provided | ||||||
5 | in Section 3-3-13 of the Unified Code of Corrections. A | ||||||
6 | victim statement may be submitted in writing, on film, | ||||||
7 | videotape, or other electronic means, or in the form of a | ||||||
8 | recording prior to a hearing, or orally at a hearing, or by | ||||||
9 | calling the toll-free number established in subsection (f) | ||||||
10 | of this Section. Victim statements provided to the Board | ||||||
11 | shall be confidential and privileged, including any | ||||||
12 | statements received prior to January 1, 2020 ( the | ||||||
13 | effective date of Public Act 101-288) this amendatory Act | ||||||
14 | of the 101st General Assembly , except if the statement was | ||||||
15 | an oral statement made by the victim at a hearing open to | ||||||
16 | the public. | ||||||
17 | (5) If a statement is presented under Section 6, the | ||||||
18 | Prisoner Review Board or Department of Juvenile Justice
| ||||||
19 | shall inform the victim of any order of discharge pursuant
| ||||||
20 | to Section 3-2.5-85 or 3-3-8 of the Unified Code of | ||||||
21 | Corrections.
| ||||||
22 | (6) At the written or oral request of the victim of the | ||||||
23 | crime for which the
prisoner was sentenced or the State's | ||||||
24 | Attorney of the county where the person seeking parole or | ||||||
25 | aftercare release was prosecuted, the Prisoner Review | ||||||
26 | Board or Department of Juvenile Justice shall notify the |
| |||||||
| |||||||
1 | victim and the State's Attorney of the county where the | ||||||
2 | person seeking parole or aftercare release was prosecuted | ||||||
3 | of
the death of the prisoner if the prisoner died while on | ||||||
4 | parole or aftercare release or mandatory
supervised | ||||||
5 | release.
| ||||||
6 | (7) When a defendant who has been committed to the | ||||||
7 | Department of
Corrections, the Department of Juvenile | ||||||
8 | Justice, or the Department of Human Services is released | ||||||
9 | or discharged and
subsequently committed to the Department | ||||||
10 | of Human Services as a sexually
violent person and the | ||||||
11 | victim had requested to be notified by the releasing
| ||||||
12 | authority of the defendant's discharge, conditional | ||||||
13 | release, death, or escape from State custody, the | ||||||
14 | releasing
authority shall provide to the Department of | ||||||
15 | Human Services such information
that would allow the | ||||||
16 | Department of Human Services to contact the victim.
| ||||||
17 | (8) When a defendant has been convicted of a sex | ||||||
18 | offense as defined in Section 2 of the Sex Offender | ||||||
19 | Registration Act and has been sentenced to the Department | ||||||
20 | of Corrections or the Department of Juvenile Justice, the | ||||||
21 | Prisoner Review Board or the Department of Juvenile | ||||||
22 | Justice shall notify the victim of the sex offense of the | ||||||
23 | prisoner's eligibility for release on parole, aftercare | ||||||
24 | release,
mandatory supervised release, electronic | ||||||
25 | detention, work release, international transfer or | ||||||
26 | exchange, or by the
custodian of the discharge of any |
| |||||||
| |||||||
1 | individual who was adjudicated a delinquent
for a sex | ||||||
2 | offense from State custody and by the sheriff of the | ||||||
3 | appropriate
county of any such person's final discharge | ||||||
4 | from county custody. The notification shall be made to the | ||||||
5 | victim at least 30 days, whenever possible, before release | ||||||
6 | of the sex offender. | ||||||
7 | (e) The officials named in this Section may satisfy some | ||||||
8 | or all of their
obligations to provide notices and other | ||||||
9 | information through participation in a
statewide victim and | ||||||
10 | witness notification system established by the Attorney
| ||||||
11 | General under Section 8.5 of this Act.
| ||||||
12 | (f) The Prisoner Review Board
shall establish a toll-free | ||||||
13 | number that may be accessed by the crime victim to present a | ||||||
14 | victim statement to the Board in accordance with paragraphs | ||||||
15 | (4), (4-1), and (4-2) of subsection (d).
| ||||||
16 | (Source: P.A. 100-199, eff. 1-1-18; 100-961, eff. 1-1-19; | ||||||
17 | 101-81, eff. 7-12-19; 101-288, eff. 1-1-20; revised 9-23-19.)
| ||||||
18 | (Text of Section after amendment by P.A. 101-652 ) | ||||||
19 | Sec. 4.5. Procedures to implement the rights of crime | ||||||
20 | victims. To afford
crime victims their rights, law | ||||||
21 | enforcement, prosecutors, judges, and
corrections will provide | ||||||
22 | information, as appropriate, of the following
procedures:
| ||||||
23 | (a) At the request of the crime victim, law enforcement | ||||||
24 | authorities
investigating the case shall provide notice of the | ||||||
25 | status of the investigation,
except where the State's Attorney |
| |||||||
| |||||||
1 | determines that disclosure of such
information would | ||||||
2 | unreasonably interfere with the investigation, until such
time | ||||||
3 | as the alleged assailant is apprehended or the investigation | ||||||
4 | is closed.
| ||||||
5 | (a-5) When law enforcement authorities reopen a closed | ||||||
6 | case to resume investigating, they shall provide notice of the | ||||||
7 | reopening of the case, except where the State's Attorney | ||||||
8 | determines that disclosure of such information would | ||||||
9 | unreasonably interfere with the investigation. | ||||||
10 | (b) The office of the State's Attorney:
| ||||||
11 | (1) shall provide notice of the filing of an | ||||||
12 | information, the return of an
indictment, or the
filing of | ||||||
13 | a petition to adjudicate a minor as a delinquent for a | ||||||
14 | violent
crime;
| ||||||
15 | (2) shall provide timely notice of the date, time, and | ||||||
16 | place of court proceedings; of any change in the date, | ||||||
17 | time, and place of court proceedings; and of any | ||||||
18 | cancellation of court proceedings. Notice shall be | ||||||
19 | provided in sufficient time, wherever possible, for the | ||||||
20 | victim to
make arrangements to attend or to prevent an | ||||||
21 | unnecessary appearance at court proceedings;
| ||||||
22 | (3) or victim advocate personnel shall provide | ||||||
23 | information of social
services and financial assistance | ||||||
24 | available for victims of crime, including
information of | ||||||
25 | how to apply for these services and assistance;
| ||||||
26 | (3.5) or victim advocate personnel shall provide |
| |||||||
| |||||||
1 | information about available victim services, including | ||||||
2 | referrals to programs, counselors, and agencies that | ||||||
3 | assist a victim to deal with trauma, loss, and grief; | ||||||
4 | (4) shall assist in having any stolen or other | ||||||
5 | personal property held by
law enforcement authorities for | ||||||
6 | evidentiary or other purposes returned as
expeditiously as | ||||||
7 | possible, pursuant to the procedures set out in Section | ||||||
8 | 115-9
of the Code of Criminal Procedure of 1963;
| ||||||
9 | (5) or victim advocate personnel shall provide | ||||||
10 | appropriate employer
intercession services to ensure that | ||||||
11 | employers of victims will cooperate with
the criminal | ||||||
12 | justice system in order to minimize an employee's loss of | ||||||
13 | pay and
other benefits resulting from court appearances;
| ||||||
14 | (6) shall provide, whenever possible, a secure waiting
| ||||||
15 | area during court proceedings that does not require | ||||||
16 | victims to be in close
proximity to defendants or | ||||||
17 | juveniles accused of a violent crime, and their
families | ||||||
18 | and friends;
| ||||||
19 | (7) shall provide notice to the crime victim of the | ||||||
20 | right to have a
translator present at all court | ||||||
21 | proceedings and, in compliance with the federal Americans
| ||||||
22 | with Disabilities Act of 1990, the right to communications | ||||||
23 | access through a
sign language interpreter or by other | ||||||
24 | means;
| ||||||
25 | (8) (blank);
| ||||||
26 | (8.5) shall inform the victim of the right to be |
| |||||||
| |||||||
1 | present at all court proceedings, unless the victim is to | ||||||
2 | testify and the court determines that the victim's | ||||||
3 | testimony would be materially affected if the victim hears | ||||||
4 | other testimony at trial; | ||||||
5 | (9) shall inform the victim of the right to have | ||||||
6 | present at all court
proceedings, subject to the rules of | ||||||
7 | evidence and confidentiality, an advocate and other | ||||||
8 | support
person of the victim's choice; | ||||||
9 | (9.3) shall inform the victim of the right to retain | ||||||
10 | an attorney, at the
victim's own expense, who, upon | ||||||
11 | written notice filed with the clerk of the
court and | ||||||
12 | State's Attorney, is to receive copies of all notices, | ||||||
13 | motions, and
court orders filed thereafter in the case, in | ||||||
14 | the same manner as if the victim
were a named party in the | ||||||
15 | case;
| ||||||
16 | (9.5) shall inform the victim of (A) the victim's | ||||||
17 | right under Section 6 of this Act to make a statement at | ||||||
18 | the sentencing hearing; (B) the right of the victim's | ||||||
19 | spouse, guardian, parent, grandparent, and other immediate | ||||||
20 | family and household members under Section 6 of this Act | ||||||
21 | to present a statement at sentencing; and (C) if a | ||||||
22 | presentence report is to be prepared, the right of the | ||||||
23 | victim's spouse, guardian, parent, grandparent, and other | ||||||
24 | immediate family and household members to submit | ||||||
25 | information to the preparer of the presentence report | ||||||
26 | about the effect the offense has had on the victim and the |
| |||||||
| |||||||
1 | person; | ||||||
2 | (10) at the sentencing shall make a good faith attempt | ||||||
3 | to explain
the minimum amount of time during which the | ||||||
4 | defendant may actually be
physically imprisoned. The | ||||||
5 | Office of the State's Attorney shall further notify
the | ||||||
6 | crime victim of the right to request from the Prisoner | ||||||
7 | Review Board
or Department of Juvenile Justice information | ||||||
8 | concerning the release of the defendant;
| ||||||
9 | (11) shall request restitution at sentencing and as | ||||||
10 | part of a plea agreement if the victim requests | ||||||
11 | restitution;
| ||||||
12 | (12) shall, upon the court entering a verdict of not | ||||||
13 | guilty by reason of insanity, inform the victim of the | ||||||
14 | notification services available from the Department of | ||||||
15 | Human Services, including the statewide telephone number, | ||||||
16 | under subparagraph (d)(2) of this Section;
| ||||||
17 | (13) shall provide notice within a reasonable time | ||||||
18 | after receipt of notice from
the custodian, of the release | ||||||
19 | of the defendant on pretrial release or personal | ||||||
20 | recognizance
or the release from detention of a minor who | ||||||
21 | has been detained;
| ||||||
22 | (14) shall explain in nontechnical language the | ||||||
23 | details of any plea or verdict of
a defendant, or any | ||||||
24 | adjudication of a juvenile as a delinquent;
| ||||||
25 | (15) shall make all reasonable efforts to consult with | ||||||
26 | the crime victim before the Office of
the State's Attorney |
| |||||||
| |||||||
1 | makes an offer of a plea bargain to the defendant or
enters | ||||||
2 | into negotiations with the defendant concerning a possible | ||||||
3 | plea
agreement, and shall consider the written statement, | ||||||
4 | if prepared
prior to entering into a plea agreement. The | ||||||
5 | right to consult with the prosecutor does not include the | ||||||
6 | right to veto a plea agreement or to insist the case go to | ||||||
7 | trial. If the State's Attorney has not consulted with the | ||||||
8 | victim prior to making an offer or entering into plea | ||||||
9 | negotiations with the defendant, the Office of the State's | ||||||
10 | Attorney shall notify the victim of the offer or the | ||||||
11 | negotiations within 2 business days and confer with the | ||||||
12 | victim;
| ||||||
13 | (16) shall provide notice of the ultimate disposition | ||||||
14 | of the cases arising from
an indictment or an information, | ||||||
15 | or a petition to have a juvenile adjudicated
as a | ||||||
16 | delinquent for a violent crime;
| ||||||
17 | (17) shall provide notice of any appeal taken by the | ||||||
18 | defendant and information
on how to contact the | ||||||
19 | appropriate agency handling the appeal, and how to request | ||||||
20 | notice of any hearing, oral argument, or decision of an | ||||||
21 | appellate court;
| ||||||
22 | (18) shall provide timely notice of any request for | ||||||
23 | post-conviction review filed by the
defendant under | ||||||
24 | Article 122 of the Code of Criminal Procedure of 1963, and | ||||||
25 | of
the date, time and place of any hearing concerning the | ||||||
26 | petition. Whenever
possible, notice of the hearing shall |
| |||||||
| |||||||
1 | be given within 48 hours of the court's scheduling of the | ||||||
2 | hearing; and
| ||||||
3 | (19) shall forward a copy of any statement presented | ||||||
4 | under Section 6 to the
Prisoner Review Board or Department | ||||||
5 | of Juvenile Justice to be considered in making a | ||||||
6 | determination
under Section 3-2.5-85 or subsection (b) of | ||||||
7 | Section 3-3-8 of the Unified Code of Corrections ; .
| ||||||
8 | (20) shall, within a reasonable time, offer to
meet | ||||||
9 | with the crime victim regarding the decision of the
| ||||||
10 | State's Attorney not to charge an offense, and shall meet
| ||||||
11 | with the victim, if the victim agrees. The victim has a
| ||||||
12 | right to have an attorney, advocate, and other support
| ||||||
13 | person of the victim's choice attend this meeting with the
| ||||||
14 | victim; and | ||||||
15 | (21) shall give the crime victim timely notice of any | ||||||
16 | decision not to pursue charges and consider the safety of | ||||||
17 | the victim when deciding how to give such notice. | ||||||
18 | (c) The court shall ensure that the rights of the victim | ||||||
19 | are afforded. | ||||||
20 | (c-5) The following procedures shall be followed to afford | ||||||
21 | victims the rights guaranteed by Article I, Section 8.1 of the | ||||||
22 | Illinois Constitution: | ||||||
23 | (1) Written notice. A victim may complete a written | ||||||
24 | notice of intent to assert rights on a form prepared by the | ||||||
25 | Office of the Attorney General and provided to the victim | ||||||
26 | by the State's Attorney. The victim may at any time |
| |||||||
| |||||||
1 | provide a revised written notice to the State's Attorney. | ||||||
2 | The State's Attorney shall file the written notice with | ||||||
3 | the court. At the beginning of any court proceeding in | ||||||
4 | which the right of a victim may be at issue, the court and | ||||||
5 | prosecutor shall review the written notice to determine | ||||||
6 | whether the victim has asserted the right that may be at | ||||||
7 | issue. | ||||||
8 | (2) Victim's retained attorney. A victim's attorney | ||||||
9 | shall file an entry of appearance limited to assertion of | ||||||
10 | the victim's rights. Upon the filing of the entry of | ||||||
11 | appearance and service on the State's Attorney and the | ||||||
12 | defendant, the attorney is to receive copies of all | ||||||
13 | notices, motions and court orders filed thereafter in the | ||||||
14 | case. | ||||||
15 | (3) Standing. The victim has standing to assert the | ||||||
16 | rights enumerated in subsection (a) of Article I, Section | ||||||
17 | 8.1 of the Illinois Constitution and the statutory rights | ||||||
18 | under Section 4 of this Act in any court exercising | ||||||
19 | jurisdiction over the criminal case. The prosecuting | ||||||
20 | attorney, a victim, or the victim's retained attorney may | ||||||
21 | assert the victim's rights. The defendant in the criminal | ||||||
22 | case has no standing to assert a right of the victim in any | ||||||
23 | court proceeding, including on appeal. | ||||||
24 | (4) Assertion of and enforcement of rights. | ||||||
25 | (A) The prosecuting attorney shall assert a | ||||||
26 | victim's right or request enforcement of a right by |
| |||||||
| |||||||
1 | filing a motion or by orally asserting the right or | ||||||
2 | requesting enforcement in open court in the criminal | ||||||
3 | case outside the presence of the jury. The prosecuting | ||||||
4 | attorney shall consult with the victim and the | ||||||
5 | victim's attorney regarding the assertion or | ||||||
6 | enforcement of a right. If the prosecuting attorney | ||||||
7 | decides not to assert or enforce a victim's right, the | ||||||
8 | prosecuting attorney shall notify the victim or the | ||||||
9 | victim's attorney in sufficient time to allow the | ||||||
10 | victim or the victim's attorney to assert the right or | ||||||
11 | to seek enforcement of a right. | ||||||
12 | (B) If the prosecuting attorney elects not to | ||||||
13 | assert a victim's right or to seek enforcement of a | ||||||
14 | right, the victim or the victim's attorney may assert | ||||||
15 | the victim's right or request enforcement of a right | ||||||
16 | by filing a motion or by orally asserting the right or | ||||||
17 | requesting enforcement in open court in the criminal | ||||||
18 | case outside the presence of the jury. | ||||||
19 | (C) If the prosecuting attorney asserts a victim's | ||||||
20 | right or seeks enforcement of a right, unless the | ||||||
21 | prosecuting attorney objects or the trial court does | ||||||
22 | not allow it, the victim or the victim's attorney may | ||||||
23 | be heard regarding the prosecuting attorney's motion | ||||||
24 | or may file a simultaneous motion to assert or request | ||||||
25 | enforcement of the victim's right. If the victim or | ||||||
26 | the victim's attorney was not allowed to be heard at |
| |||||||
| |||||||
1 | the hearing regarding the prosecuting attorney's | ||||||
2 | motion, and the court denies the prosecuting | ||||||
3 | attorney's assertion of the right or denies the | ||||||
4 | request for enforcement of a right, the victim or | ||||||
5 | victim's attorney may file a motion to assert the | ||||||
6 | victim's right or to request enforcement of the right | ||||||
7 | within 10 days of the court's ruling. The motion need | ||||||
8 | not demonstrate the grounds for a motion for | ||||||
9 | reconsideration. The court shall rule on the merits of | ||||||
10 | the motion. | ||||||
11 | (D) The court shall take up and decide any motion | ||||||
12 | or request asserting or seeking enforcement of a | ||||||
13 | victim's right without delay, unless a specific time | ||||||
14 | period is specified by law or court rule. The reasons | ||||||
15 | for any decision denying the motion or request shall | ||||||
16 | be clearly stated on the record. | ||||||
17 | (E) No later than January 1, 2023, the Office of | ||||||
18 | the Attorney General shall: | ||||||
19 | (i) designate an administrative authority | ||||||
20 | within the Office of the Attorney General to | ||||||
21 | receive and investigate complaints relating to the | ||||||
22 | provision or violation of the rights of a crime | ||||||
23 | victim as described in Article I, Section 8.1 of | ||||||
24 | the Illinois Constitution and in this Act; | ||||||
25 | (ii) create and administer a course of | ||||||
26 | training for employees and offices of the State of |
| |||||||
| |||||||
1 | Illinois that fail to comply with provisions of | ||||||
2 | Illinois law pertaining to the treatment of crime | ||||||
3 | victims as described in Article I, Section 8.1 of | ||||||
4 | the Illinois Constitution and in this Act as | ||||||
5 | required by the court under Section 5 of this Act; | ||||||
6 | and | ||||||
7 | (iii) have the authority to make | ||||||
8 | recommendations to employees and offices of the | ||||||
9 | State of Illinois to respond more effectively to | ||||||
10 | the needs of crime victims, including regarding | ||||||
11 | the violation of the rights of a crime victim. | ||||||
12 | (F) Crime victims' rights may also be asserted by
| ||||||
13 | filing a complaint for mandamus, injunctive, or
| ||||||
14 | declaratory relief in the jurisdiction in which the
| ||||||
15 | victim's right is being violated or where the crime is
| ||||||
16 | being prosecuted. For complaints or motions filed by | ||||||
17 | or on behalf of the victim, the clerk of court shall | ||||||
18 | waive
filing fees that would otherwise be owed by the | ||||||
19 | victim
for any court filing with the purpose of | ||||||
20 | enforcing crime victims' rights. If the court denies | ||||||
21 | the relief
sought by the victim, the reasons for the | ||||||
22 | denial shall
be clearly stated on the record in the | ||||||
23 | transcript of
the proceedings, in a written opinion, | ||||||
24 | or in the
docket entry, and the victim may appeal the | ||||||
25 | circuit
court's decision to the appellate court. The | ||||||
26 | court
shall issue prompt rulings regarding victims' |
| |||||||
| |||||||
1 | rights.
Proceedings seeking to enforce victims' rights | ||||||
2 | shall
not be stayed or subject to unreasonable delay | ||||||
3 | via
continuances. | ||||||
4 | (5) Violation of rights and remedies. | ||||||
5 | (A) If the court determines that a victim's right | ||||||
6 | has been violated, the court shall determine the | ||||||
7 | appropriate remedy for the violation of the victim's | ||||||
8 | right by hearing from the victim and the parties, | ||||||
9 | considering all factors relevant to the issue, and | ||||||
10 | then awarding appropriate relief to the victim. | ||||||
11 | (A-5) Consideration of an issue of a substantive | ||||||
12 | nature or an issue that implicates the constitutional | ||||||
13 | or statutory right of a victim at a court proceeding | ||||||
14 | labeled as a status hearing shall constitute a per se | ||||||
15 | violation of a victim's right. | ||||||
16 | (B) The appropriate remedy shall include only | ||||||
17 | actions necessary to provide the victim the right to | ||||||
18 | which the victim was entitled . Remedies may include, | ||||||
19 | but are not limited to: injunctive relief requiring | ||||||
20 | the victim's right to be afforded; declaratory | ||||||
21 | judgment recognizing or clarifying the victim's | ||||||
22 | rights; a writ of mandamus; and may include reopening | ||||||
23 | previously held proceedings; however, in no event | ||||||
24 | shall the court vacate a conviction. Any remedy shall | ||||||
25 | be tailored to provide the victim an appropriate | ||||||
26 | remedy without violating any constitutional right of |
| |||||||
| |||||||
1 | the defendant. In no event shall the appropriate | ||||||
2 | remedy to the victim be a new trial or , damages , or | ||||||
3 | costs . | ||||||
4 | The court shall impose a mandatory training course | ||||||
5 | provided by the Attorney General for the employee under | ||||||
6 | item (ii) of subparagraph (E) of paragraph (4), which must | ||||||
7 | be successfully completed within 6 months of the entry of | ||||||
8 | the court order. | ||||||
9 | This paragraph (5) takes effect January 2, 2023. | ||||||
10 | (6) Right to be heard. Whenever a victim has the right | ||||||
11 | to be heard, the court shall allow the victim to exercise | ||||||
12 | the right in any reasonable manner the victim chooses. | ||||||
13 | (7) Right to attend trial. A party must file a written | ||||||
14 | motion to exclude a victim from trial at least 60 days | ||||||
15 | prior to the date set for trial. The motion must state with | ||||||
16 | specificity the reason exclusion is necessary to protect a | ||||||
17 | constitutional right of the party, and must contain an | ||||||
18 | offer of proof. The court shall rule on the motion within | ||||||
19 | 30 days. If the motion is granted, the court shall set | ||||||
20 | forth on the record the facts that support its finding | ||||||
21 | that the victim's testimony will be materially affected if | ||||||
22 | the victim hears other testimony at trial. | ||||||
23 | (8) Right to have advocate and support person present | ||||||
24 | at court proceedings. | ||||||
25 | (A) A party who intends to call an advocate as a | ||||||
26 | witness at trial must seek permission of the court |
| |||||||
| |||||||
1 | before the subpoena is issued. The party must file a | ||||||
2 | written motion at least 90 days before trial that sets | ||||||
3 | forth specifically the issues on which the advocate's | ||||||
4 | testimony is sought and an offer of proof regarding | ||||||
5 | (i) the content of the anticipated testimony of the | ||||||
6 | advocate; and (ii) the relevance, admissibility, and | ||||||
7 | materiality of the anticipated testimony. The court | ||||||
8 | shall consider the motion and make findings within 30 | ||||||
9 | days of the filing of the motion. If the court finds by | ||||||
10 | a preponderance of the evidence that: (i) the | ||||||
11 | anticipated testimony is not protected by an absolute | ||||||
12 | privilege; and (ii) the anticipated testimony contains | ||||||
13 | relevant, admissible, and material evidence that is | ||||||
14 | not available through other witnesses or evidence, the | ||||||
15 | court shall issue a subpoena requiring the advocate to | ||||||
16 | appear to testify at an in camera hearing. The | ||||||
17 | prosecuting attorney and the victim shall have 15 days | ||||||
18 | to seek appellate review before the advocate is | ||||||
19 | required to testify at an ex parte in camera | ||||||
20 | proceeding. | ||||||
21 | The prosecuting attorney, the victim, and the | ||||||
22 | advocate's attorney shall be allowed to be present at | ||||||
23 | the ex parte in camera proceeding. If, after | ||||||
24 | conducting the ex parte in camera hearing, the court | ||||||
25 | determines that due process requires any testimony | ||||||
26 | regarding confidential or privileged information or |
| |||||||
| |||||||
1 | communications, the court shall provide to the | ||||||
2 | prosecuting attorney, the victim, and the advocate's | ||||||
3 | attorney a written memorandum on the substance of the | ||||||
4 | advocate's testimony. The prosecuting attorney, the | ||||||
5 | victim, and the advocate's attorney shall have 15 days | ||||||
6 | to seek appellate review before a subpoena may be | ||||||
7 | issued for the advocate to testify at trial. The | ||||||
8 | presence of the prosecuting attorney at the ex parte | ||||||
9 | in camera proceeding does not make the substance of | ||||||
10 | the advocate's testimony that the court has ruled | ||||||
11 | inadmissible subject to discovery. | ||||||
12 | (B) If a victim has asserted the right to have a | ||||||
13 | support person present at the court proceedings, the | ||||||
14 | victim shall provide the name of the person the victim | ||||||
15 | has chosen to be the victim's support person to the | ||||||
16 | prosecuting attorney, within 60 days of trial. The | ||||||
17 | prosecuting attorney shall provide the name to the | ||||||
18 | defendant. If the defendant intends to call the | ||||||
19 | support person as a witness at trial, the defendant | ||||||
20 | must seek permission of the court before a subpoena is | ||||||
21 | issued. The defendant must file a written motion at | ||||||
22 | least 45 days prior to trial that sets forth | ||||||
23 | specifically the issues on which the support person | ||||||
24 | will testify and an offer of proof regarding: (i) the | ||||||
25 | content of the anticipated testimony of the support | ||||||
26 | person; and (ii) the relevance, admissibility, and |
| |||||||
| |||||||
1 | materiality of the anticipated testimony. | ||||||
2 | If the prosecuting attorney intends to call the | ||||||
3 | support person as a witness during the State's | ||||||
4 | case-in-chief, the prosecuting attorney shall inform | ||||||
5 | the court of this intent in the response to the | ||||||
6 | defendant's written motion. The victim may choose a | ||||||
7 | different person to be the victim's support person. | ||||||
8 | The court may allow the defendant to inquire about | ||||||
9 | matters outside the scope of the direct examination | ||||||
10 | during cross-examination. If the court allows the | ||||||
11 | defendant to do so, the support person shall be | ||||||
12 | allowed to remain in the courtroom after the support | ||||||
13 | person has testified. A defendant who fails to | ||||||
14 | question the support person about matters outside the | ||||||
15 | scope of direct examination during the State's | ||||||
16 | case-in-chief waives the right to challenge the | ||||||
17 | presence of the support person on appeal. The court | ||||||
18 | shall allow the support person to testify if called as | ||||||
19 | a witness in the defendant's case-in-chief or the | ||||||
20 | State's rebuttal. | ||||||
21 | If the court does not allow the defendant to | ||||||
22 | inquire about matters outside the scope of the direct | ||||||
23 | examination, the support person shall be allowed to | ||||||
24 | remain in the courtroom after the support person has | ||||||
25 | been called by the defendant or the defendant has | ||||||
26 | rested. The court shall allow the support person to |
| |||||||
| |||||||
1 | testify in the State's rebuttal. | ||||||
2 | If the prosecuting attorney does not intend to | ||||||
3 | call the support person in the State's case-in-chief, | ||||||
4 | the court shall verify with the support person whether | ||||||
5 | the support person, if called as a witness, would | ||||||
6 | testify as set forth in the offer of proof. If the | ||||||
7 | court finds that the support person would testify as | ||||||
8 | set forth in the offer of proof, the court shall rule | ||||||
9 | on the relevance, materiality, and admissibility of | ||||||
10 | the anticipated testimony. If the court rules the | ||||||
11 | anticipated testimony is admissible, the court shall | ||||||
12 | issue the subpoena. The support person may remain in | ||||||
13 | the courtroom after the support person testifies and | ||||||
14 | shall be allowed to testify in rebuttal. | ||||||
15 | If the court excludes the victim's support person | ||||||
16 | during the State's case-in-chief, the victim shall be | ||||||
17 | allowed to choose another support person to be present | ||||||
18 | in court. | ||||||
19 | If the victim fails to designate a support person | ||||||
20 | within 60 days of trial and the defendant has | ||||||
21 | subpoenaed the support person to testify at trial, the | ||||||
22 | court may exclude the support person from the trial | ||||||
23 | until the support person testifies. If the court | ||||||
24 | excludes the support person the victim may choose | ||||||
25 | another person as a support person. | ||||||
26 | (9) Right to notice and hearing before disclosure of |
| |||||||
| |||||||
1 | confidential or privileged information or records. | ||||||
2 | (A) A defendant who seeks to subpoena testimony or | ||||||
3 | records of or concerning the victim that are | ||||||
4 | confidential or privileged by law must seek permission | ||||||
5 | of the court before the subpoena is issued. The | ||||||
6 | defendant must file a written motion and an offer of | ||||||
7 | proof regarding the relevance, admissibility and | ||||||
8 | materiality of the testimony or records. If the court | ||||||
9 | finds by a preponderance of the evidence that: | ||||||
10 | (i) (A) the testimony or records are not | ||||||
11 | protected by an absolute privilege and | ||||||
12 | (ii) (B) the testimony or records contain | ||||||
13 | relevant, admissible, and material evidence that | ||||||
14 | is not available through other witnesses or | ||||||
15 | evidence, the court shall issue a subpoena | ||||||
16 | requiring the witness to appear in camera or a | ||||||
17 | sealed copy of the records be delivered to the | ||||||
18 | court to be reviewed in camera. If, after | ||||||
19 | conducting an in camera review of the witness | ||||||
20 | statement or records, the court determines that | ||||||
21 | due process requires disclosure of any potential | ||||||
22 | testimony or any portion of the records, the court | ||||||
23 | shall provide copies of the records that what it | ||||||
24 | intends to disclose to the prosecuting attorney | ||||||
25 | and the victim. The prosecuting attorney and the | ||||||
26 | victim shall have 30 days to seek appellate review |
| |||||||
| |||||||
1 | before the records are disclosed to the defendant , | ||||||
2 | used in any court proceeding, or disclosed to | ||||||
3 | anyone or in any way that would subject the | ||||||
4 | testimony or records to public review . The | ||||||
5 | disclosure of copies of any portion of the | ||||||
6 | testimony or records to the prosecuting attorney | ||||||
7 | under this Section does not make the records | ||||||
8 | subject to discovery or required to be provided to | ||||||
9 | the defendant . | ||||||
10 | (B) A prosecuting attorney who seeks to subpoena | ||||||
11 | information or records concerning the victim that are | ||||||
12 | confidential or privileged by law must first request | ||||||
13 | the written consent of the crime victim. If the victim | ||||||
14 | does not provide such written consent, including where | ||||||
15 | necessary the appropriate signed document required for | ||||||
16 | waiving privilege, the prosecuting attorney must serve | ||||||
17 | the subpoena at least 21 days prior to the date a | ||||||
18 | response or appearance is required to allow the | ||||||
19 | subject of the subpoena time to file a motion to quash | ||||||
20 | or request a hearing. The prosecuting attorney must | ||||||
21 | also send a written notice to the victim at least 21 | ||||||
22 | days prior to the response date to allow the victim to | ||||||
23 | file a motion or request a hearing. The notice to the | ||||||
24 | victim shall inform the victim (i) that a subpoena has | ||||||
25 | been issued for confidential information or records | ||||||
26 | concerning the victim, (ii) that the victim has the |
| |||||||
| |||||||
1 | right to request a hearing prior to the response date | ||||||
2 | of the subpoena, and (iii) how to request the hearing. | ||||||
3 | The notice to the victim shall also include a copy of | ||||||
4 | the subpoena. If requested, a hearing regarding the | ||||||
5 | subpoena shall occur before information or records are | ||||||
6 | provided to the prosecuting attorney. | ||||||
7 | (10) Right to notice of court proceedings. If the | ||||||
8 | victim is not present at a court proceeding in which a | ||||||
9 | right of the victim is at issue, the court shall ask the | ||||||
10 | prosecuting attorney whether the victim was notified of | ||||||
11 | the time, place, and purpose of the court proceeding and | ||||||
12 | that the victim had a right to be heard at the court | ||||||
13 | proceeding. If the court determines that timely notice was | ||||||
14 | not given or that the victim was not adequately informed | ||||||
15 | of the nature of the court proceeding, the court shall not | ||||||
16 | rule on any substantive issues, accept a plea, or impose a | ||||||
17 | sentence and shall continue the hearing for the time | ||||||
18 | necessary to notify the victim of the time, place and | ||||||
19 | nature of the court proceeding. The time between court | ||||||
20 | proceedings shall not be attributable to the State under | ||||||
21 | Section 103-5 of the Code of Criminal Procedure of 1963. | ||||||
22 | (11) Right to timely disposition of the case. A victim | ||||||
23 | has the right to timely disposition of the case so as to | ||||||
24 | minimize the stress, cost, and inconvenience resulting | ||||||
25 | from the victim's involvement in the case. Before ruling | ||||||
26 | on a motion to continue trial or other court proceeding, |
| |||||||
| |||||||
1 | the court shall inquire into the circumstances for the | ||||||
2 | request for the delay and, if the victim has provided | ||||||
3 | written notice of the assertion of the right to a timely | ||||||
4 | disposition, and whether the victim objects to the delay. | ||||||
5 | If the victim objects, the prosecutor shall inform the | ||||||
6 | court of the victim's objections. If the prosecutor has | ||||||
7 | not conferred with the victim about the continuance, the | ||||||
8 | prosecutor shall inform the court of the attempts to | ||||||
9 | confer. If the court finds the attempts of the prosecutor | ||||||
10 | to confer with the victim were inadequate to protect the | ||||||
11 | victim's right to be heard, the court shall give the | ||||||
12 | prosecutor at least 3 but not more than 5 business days to | ||||||
13 | confer with the victim. In ruling on a motion to continue, | ||||||
14 | the court shall consider the reasons for the requested | ||||||
15 | continuance, the number and length of continuances that | ||||||
16 | have been granted, the victim's objections and procedures | ||||||
17 | to avoid further delays. If a continuance is granted over | ||||||
18 | the victim's objection, the court shall specify on the | ||||||
19 | record the reasons for the continuance and the procedures | ||||||
20 | that have been or will be taken to avoid further delays. | ||||||
21 | (12) Right to Restitution. | ||||||
22 | (A) If the victim has asserted the right to | ||||||
23 | restitution and the amount of restitution is known at | ||||||
24 | the time of sentencing, the court shall enter the | ||||||
25 | judgment of restitution at the time of sentencing. | ||||||
26 | (B) If the victim has asserted the right to |
| |||||||
| |||||||
1 | restitution and the amount of restitution is not known | ||||||
2 | at the time of sentencing, the prosecutor shall, | ||||||
3 | within 5 days after sentencing, notify the victim what | ||||||
4 | information and documentation related to restitution | ||||||
5 | is needed and that the information and documentation | ||||||
6 | must be provided to the prosecutor within 45 days | ||||||
7 | after sentencing. Failure to timely provide | ||||||
8 | information and documentation related to restitution | ||||||
9 | shall be deemed a waiver of the right to restitution. | ||||||
10 | The prosecutor shall file and serve within 60 days | ||||||
11 | after sentencing a proposed judgment for restitution | ||||||
12 | and a notice that includes information concerning the | ||||||
13 | identity of any victims or other persons seeking | ||||||
14 | restitution, whether any victim or other person | ||||||
15 | expressly declines restitution, the nature and amount | ||||||
16 | of any damages together with any supporting | ||||||
17 | documentation, a restitution amount recommendation, | ||||||
18 | and the names of any co-defendants and their case | ||||||
19 | numbers. Within 30 days after receipt of the proposed | ||||||
20 | judgment for restitution, the defendant shall file any | ||||||
21 | objection to the proposed judgment, a statement of | ||||||
22 | grounds for the objection, and a financial statement. | ||||||
23 | If the defendant does not file an objection, the court | ||||||
24 | may enter the judgment for restitution without further | ||||||
25 | proceedings. If the defendant files an objection and | ||||||
26 | either party requests a hearing, the court shall |
| |||||||
| |||||||
1 | schedule a hearing. | ||||||
2 | (13) Access to presentence reports. | ||||||
3 | (A) The victim may request a copy of the | ||||||
4 | presentence report prepared under the Unified Code of | ||||||
5 | Corrections from the State's Attorney. The State's | ||||||
6 | Attorney shall redact the following information before | ||||||
7 | providing a copy of the report: | ||||||
8 | (i) the defendant's mental history and | ||||||
9 | condition; | ||||||
10 | (ii) any evaluation prepared under subsection | ||||||
11 | (b) or (b-5) of Section 5-3-2; and | ||||||
12 | (iii) the name, address, phone number, and | ||||||
13 | other personal information about any other victim. | ||||||
14 | (B) The State's Attorney or the defendant may | ||||||
15 | request the court redact other information in the | ||||||
16 | report that may endanger the safety of any person. | ||||||
17 | (C) The State's Attorney may orally disclose to | ||||||
18 | the victim any of the information that has been | ||||||
19 | redacted if there is a reasonable likelihood that the | ||||||
20 | information will be stated in court at the sentencing. | ||||||
21 | (D) The State's Attorney must advise the victim | ||||||
22 | that the victim must maintain the confidentiality of | ||||||
23 | the report and other information. Any dissemination of | ||||||
24 | the report or information that was not stated at a | ||||||
25 | court proceeding constitutes indirect criminal | ||||||
26 | contempt of court. |
| |||||||
| |||||||
1 | (14) Appellate relief. If the trial court denies the | ||||||
2 | relief requested, the victim, the victim's attorney, or | ||||||
3 | the prosecuting attorney may file an appeal within 30 days | ||||||
4 | of the trial court's ruling. The trial or appellate court | ||||||
5 | may stay the court proceedings if the court finds that a | ||||||
6 | stay would not violate a constitutional right of the | ||||||
7 | defendant. If the appellate court denies the relief | ||||||
8 | sought, the reasons for the denial shall be clearly stated | ||||||
9 | in a written opinion. In any appeal in a criminal case, the | ||||||
10 | State may assert as error the court's denial of any crime | ||||||
11 | victim's right in the proceeding to which the appeal | ||||||
12 | relates. | ||||||
13 | (15) Limitation on appellate relief. In no case shall | ||||||
14 | an appellate court provide a new trial to remedy the | ||||||
15 | violation of a victim's right. | ||||||
16 | (16) The right to be reasonably protected from the | ||||||
17 | accused throughout the criminal justice process and the | ||||||
18 | right to have the safety of the victim and the victim's | ||||||
19 | family considered in determining whether to release the | ||||||
20 | defendant, and setting conditions of release after arrest | ||||||
21 | and conviction. A victim of domestic violence, a sexual | ||||||
22 | offense, or stalking may request the entry of a protective | ||||||
23 | order under Article 112A of the Code of Criminal Procedure | ||||||
24 | of 1963. | ||||||
25 | (d) Procedures after the imposition of sentence. | ||||||
26 | (1) The Prisoner Review Board shall inform a victim or |
| |||||||
| |||||||
1 | any other
concerned citizen, upon written request, of the | ||||||
2 | prisoner's release on parole,
mandatory supervised | ||||||
3 | release, electronic detention, work release, international | ||||||
4 | transfer or exchange, or by the
custodian, other than the | ||||||
5 | Department of Juvenile Justice, of the discharge of any | ||||||
6 | individual who was adjudicated a delinquent
for a crime | ||||||
7 | from State custody and by the sheriff of the appropriate
| ||||||
8 | county of any such person's final discharge from county | ||||||
9 | custody.
The Prisoner Review Board, upon written request, | ||||||
10 | shall provide to a victim or
any other concerned citizen a | ||||||
11 | recent photograph of any person convicted of a
felony, | ||||||
12 | upon his or her release from custody.
The Prisoner
Review | ||||||
13 | Board, upon written request, shall inform a victim or any | ||||||
14 | other
concerned citizen when feasible at least 7 days | ||||||
15 | prior to the prisoner's release
on furlough of the times | ||||||
16 | and dates of such furlough. Upon written request by
the | ||||||
17 | victim or any other concerned citizen, the State's | ||||||
18 | Attorney shall notify
the person once of the times and | ||||||
19 | dates of release of a prisoner sentenced to
periodic | ||||||
20 | imprisonment. Notification shall be based on the most | ||||||
21 | recent
information as to victim's or other concerned | ||||||
22 | citizen's residence or other
location available to the | ||||||
23 | notifying authority.
| ||||||
24 | (2) When the defendant has been committed to the | ||||||
25 | Department of
Human Services pursuant to Section 5-2-4 or | ||||||
26 | any other
provision of the Unified Code of Corrections, |
| |||||||
| |||||||
1 | the victim may request to be
notified by the releasing | ||||||
2 | authority of the approval by the court of an on-grounds | ||||||
3 | pass, a supervised off-grounds pass, an unsupervised | ||||||
4 | off-grounds pass, or conditional release; the release on | ||||||
5 | an off-grounds pass; the return from an off-grounds pass; | ||||||
6 | transfer to another facility; conditional release; escape; | ||||||
7 | death; or final discharge from State
custody. The | ||||||
8 | Department of Human Services shall establish and maintain | ||||||
9 | a statewide telephone number to be used by victims to make | ||||||
10 | notification requests under these provisions and shall | ||||||
11 | publicize this telephone number on its website and to the | ||||||
12 | State's Attorney of each county.
| ||||||
13 | (3) In the event of an escape from State custody, the | ||||||
14 | Department of
Corrections or the Department of Juvenile | ||||||
15 | Justice immediately shall notify the Prisoner Review Board | ||||||
16 | of the escape
and the Prisoner Review Board shall notify | ||||||
17 | the victim. The notification shall
be based upon the most | ||||||
18 | recent information as to the victim's residence or other
| ||||||
19 | location available to the Board. When no such information | ||||||
20 | is available, the
Board shall make all reasonable efforts | ||||||
21 | to obtain the information and make
the notification. When | ||||||
22 | the escapee is apprehended, the Department of
Corrections | ||||||
23 | or the Department of Juvenile Justice immediately shall | ||||||
24 | notify the Prisoner Review Board and the Board
shall | ||||||
25 | notify the victim.
| ||||||
26 | (4) The victim of the crime for which the prisoner has |
| |||||||
| |||||||
1 | been sentenced
has the right to register with the Prisoner | ||||||
2 | Review Board's victim registry. Victims registered with | ||||||
3 | the Board shall receive reasonable written notice not less | ||||||
4 | than 30 days prior to the
parole hearing or target | ||||||
5 | aftercare release date. The victim has the right to submit | ||||||
6 | a victim statement for consideration by the Prisoner | ||||||
7 | Review Board or the Department of Juvenile Justice in | ||||||
8 | writing, on film, videotape, or other electronic means, or | ||||||
9 | in the form of a recording prior to the parole hearing or | ||||||
10 | target aftercare release date, or in person at the parole | ||||||
11 | hearing or aftercare release protest hearing, or by | ||||||
12 | calling the toll-free number established in subsection (f) | ||||||
13 | of this Section. The
victim shall be notified within 7 | ||||||
14 | days after the prisoner has been granted
parole or | ||||||
15 | aftercare release and shall be informed of the right to | ||||||
16 | inspect the registry of parole
decisions, established | ||||||
17 | under subsection (g) of Section 3-3-5 of the Unified
Code | ||||||
18 | of Corrections. The provisions of this paragraph (4) are | ||||||
19 | subject to the
Open Parole Hearings Act. Victim statements | ||||||
20 | provided to the Board shall be confidential and | ||||||
21 | privileged, including any statements received prior to | ||||||
22 | January 1, 2020 (the effective date of Public Act | ||||||
23 | 101-288), except if the statement was an oral statement | ||||||
24 | made by the victim at a hearing open to the public.
| ||||||
25 | (4-1) The crime victim has the right to submit a | ||||||
26 | victim statement for consideration by the Prisoner Review |
| |||||||
| |||||||
1 | Board or the Department of Juvenile Justice prior to or at | ||||||
2 | a hearing to determine the conditions of mandatory | ||||||
3 | supervised release of a person sentenced to a determinate | ||||||
4 | sentence or at a hearing on revocation of mandatory | ||||||
5 | supervised release of a person sentenced to a determinate | ||||||
6 | sentence. A victim statement may be submitted in writing, | ||||||
7 | on film, videotape, or other electronic means, or in the | ||||||
8 | form of a recording, or orally at a hearing, or by calling | ||||||
9 | the toll-free number established in subsection (f) of this | ||||||
10 | Section. Victim statements provided to the Board shall be | ||||||
11 | confidential and privileged, including any statements | ||||||
12 | received prior to January 1, 2020 (the effective date of | ||||||
13 | Public Act 101-288), except if the statement was an oral | ||||||
14 | statement made by the victim at a hearing open to the | ||||||
15 | public. | ||||||
16 | (4-2) The crime victim has the right to submit a | ||||||
17 | victim statement to the Prisoner Review Board for | ||||||
18 | consideration at an executive clemency hearing as provided | ||||||
19 | in Section 3-3-13 of the Unified Code of Corrections. A | ||||||
20 | victim statement may be submitted in writing, on film, | ||||||
21 | videotape, or other electronic means, or in the form of a | ||||||
22 | recording prior to a hearing, or orally at a hearing, or by | ||||||
23 | calling the toll-free number established in subsection (f) | ||||||
24 | of this Section. Victim statements provided to the Board | ||||||
25 | shall be confidential and privileged, including any | ||||||
26 | statements received prior to January 1, 2020 (the |
| |||||||
| |||||||
1 | effective date of Public Act 101-288), except if the | ||||||
2 | statement was an oral statement made by the victim at a | ||||||
3 | hearing open to the public. | ||||||
4 | (5) If a statement is presented under Section 6, the | ||||||
5 | Prisoner Review Board or Department of Juvenile Justice
| ||||||
6 | shall inform the victim of any order of discharge pursuant
| ||||||
7 | to Section 3-2.5-85 or 3-3-8 of the Unified Code of | ||||||
8 | Corrections.
| ||||||
9 | (6) At the written or oral request of the victim of the | ||||||
10 | crime for which the
prisoner was sentenced or the State's | ||||||
11 | Attorney of the county where the person seeking parole or | ||||||
12 | aftercare release was prosecuted, the Prisoner Review | ||||||
13 | Board or Department of Juvenile Justice shall notify the | ||||||
14 | victim and the State's Attorney of the county where the | ||||||
15 | person seeking parole or aftercare release was prosecuted | ||||||
16 | of
the death of the prisoner if the prisoner died while on | ||||||
17 | parole or aftercare release or mandatory
supervised | ||||||
18 | release.
| ||||||
19 | (7) When a defendant who has been committed to the | ||||||
20 | Department of
Corrections, the Department of Juvenile | ||||||
21 | Justice, or the Department of Human Services is released | ||||||
22 | or discharged and
subsequently committed to the Department | ||||||
23 | of Human Services as a sexually
violent person and the | ||||||
24 | victim had requested to be notified by the releasing
| ||||||
25 | authority of the defendant's discharge, conditional | ||||||
26 | release, death, or escape from State custody, the |
| |||||||
| |||||||
1 | releasing
authority shall provide to the Department of | ||||||
2 | Human Services such information
that would allow the | ||||||
3 | Department of Human Services to contact the victim.
| ||||||
4 | (8) When a defendant has been convicted of a sex | ||||||
5 | offense as defined in Section 2 of the Sex Offender | ||||||
6 | Registration Act and has been sentenced to the Department | ||||||
7 | of Corrections or the Department of Juvenile Justice, the | ||||||
8 | Prisoner Review Board or the Department of Juvenile | ||||||
9 | Justice shall notify the victim of the sex offense of the | ||||||
10 | prisoner's eligibility for release on parole, aftercare | ||||||
11 | release,
mandatory supervised release, electronic | ||||||
12 | detention, work release, international transfer or | ||||||
13 | exchange, or by the
custodian of the discharge of any | ||||||
14 | individual who was adjudicated a delinquent
for a sex | ||||||
15 | offense from State custody and by the sheriff of the | ||||||
16 | appropriate
county of any such person's final discharge | ||||||
17 | from county custody. The notification shall be made to the | ||||||
18 | victim at least 30 days, whenever possible, before release | ||||||
19 | of the sex offender. | ||||||
20 | (e) The officials named in this Section may satisfy some | ||||||
21 | or all of their
obligations to provide notices and other | ||||||
22 | information through participation in a
statewide victim and | ||||||
23 | witness notification system established by the Attorney
| ||||||
24 | General under Section 8.5 of this Act.
| ||||||
25 | (f) The Prisoner Review Board
shall establish a toll-free | ||||||
26 | number that may be accessed by the crime victim to present a |
| |||||||
| |||||||
1 | victim statement to the Board in accordance with paragraphs | ||||||
2 | (4), (4-1), and (4-2) of subsection (d).
| ||||||
3 | (Source: P.A. 100-199, eff. 1-1-18; 100-961, eff. 1-1-19; | ||||||
4 | 101-81, eff. 7-12-19; 101-288, eff. 1-1-20; 101-652, eff. | ||||||
5 | 1-1-23.)
| ||||||
6 | (725 ILCS 120/7) (from Ch. 38, par. 1407)
| ||||||
7 | Sec. 7. Responsibilities of victims and witnesses. Victims | ||||||
8 | and
witnesses shall have the following responsibilities to aid | ||||||
9 | in the
prosecution of violent crime and to ensure that their | ||||||
10 | constitutional rights are enforced:
| ||||||
11 | (a) To make a timely report of the crime;
| ||||||
12 | (b) To cooperate with law enforcement authorities | ||||||
13 | throughout the
investigation, prosecution, and trial;
| ||||||
14 | (c) To testify at trial;
| ||||||
15 | (c-5) to timely provide information and documentation to | ||||||
16 | the prosecuting attorney that is related to the assertion of | ||||||
17 | their rights. | ||||||
18 | (d) To notify law enforcement authorities and the | ||||||
19 | prosecuting attorney of any change of contact information, | ||||||
20 | including but not limited to, changes of address and contact | ||||||
21 | information, including but not limited to changes of address, | ||||||
22 | telephone number, and email address. Law enforcement | ||||||
23 | authorities and the prosecuting attorney shall maintain the | ||||||
24 | confidentiality of this information. A court may find that the | ||||||
25 | failure to notify the prosecuting attorney of any change in |
| |||||||
| |||||||
1 | contact information constitutes waiver of a right. | ||||||
2 | (e) A victim who otherwise cooperates with law enforcement | ||||||
3 | authorities and the prosecuting attorney, but declines to | ||||||
4 | provide information and documentation to the prosecuting | ||||||
5 | attorney that is privileged or confidential under the law, or | ||||||
6 | chooses not to waive privilege, shall still be considered as | ||||||
7 | cooperating for the purposes of this Act and maintain the | ||||||
8 | status of victim and the rights afforded to victims under this | ||||||
9 | Act.
| ||||||
10 | (Source: P.A. 99-413, eff. 8-20-15.)
| ||||||
11 | (725 ILCS 120/9) (from Ch. 38, par. 1408)
| ||||||
12 | Sec. 9. This Act does not limit any rights or | ||||||
13 | responsibilities otherwise
enjoyed by or imposed upon victims | ||||||
14 | or witnesses of violent crime , nor does it
grant any person a | ||||||
15 | cause of action in equity or at law for compensation for | ||||||
16 | damages or attorneys fees . Any act of
omission or commission | ||||||
17 | by any law enforcement officer, circuit court clerk,
or
| ||||||
18 | State's
Attorney, by the Attorney General, Prisoner Review | ||||||
19 | Board, Department of
Corrections,
the Department of Juvenile | ||||||
20 | Justice, Department of Human Services, or other State agency, | ||||||
21 | or private entity under
contract pursuant to Section 8, or by | ||||||
22 | any employee of any
State agency or private entity under | ||||||
23 | contract pursuant to Section 8 acting
in good faith in | ||||||
24 | rendering crime victim's assistance or
otherwise enforcing | ||||||
25 | this Act shall not impose civil liability upon the
individual |
| |||||||
| |||||||
1 | or entity or his or her supervisor or employer. Nothing in this | ||||||
2 | Act
shall create a basis for vacating a conviction or a ground | ||||||
3 | for relief
requested by the defendant in any criminal case.
| ||||||
4 | (Source: P.A. 99-413, eff. 8-20-15.)
| ||||||
5 | Section 25. The Sexual Assault Evidence Submission Act is | ||||||
6 | amended by changing Section 50 as follows:
| ||||||
7 | (725 ILCS 202/50) | ||||||
8 | Sec. 50. Sexual assault evidence tracking system. | ||||||
9 | (a) On June 26, 2018, the Sexual Assault Evidence Tracking | ||||||
10 | and Reporting Commission issued its report as required under | ||||||
11 | Section 43. It is the intention of the General Assembly in | ||||||
12 | enacting the provisions of this amendatory Act of the 101st | ||||||
13 | General Assembly to implement the recommendations of the | ||||||
14 | Sexual Assault Evidence Tracking and Reporting Commission set | ||||||
15 | forth in that report in a manner that utilizes the current | ||||||
16 | resources of law enforcement agencies whenever possible and | ||||||
17 | that is adaptable to changing technologies and circumstances. | ||||||
18 | (a-1) Due to the complex nature of a statewide tracking | ||||||
19 | system for sexual assault evidence and
to ensure all | ||||||
20 | stakeholders, including, but not limited to, victims and their | ||||||
21 | designees, health care facilities, law enforcement agencies, | ||||||
22 | forensic labs, and State's Attorneys offices are integrated, | ||||||
23 | the Commission recommended the purchase of an
electronic | ||||||
24 | off-the-shelf tracking system. The system must be able to |
| |||||||
| |||||||
1 | communicate with all
stakeholders and provide real-time | ||||||
2 | information to a victim or his or her designee on the status
of | ||||||
3 | the evidence that was collected. The sexual assault evidence | ||||||
4 | tracking system must: | ||||||
5 | (1) be electronic and web-based; | ||||||
6 | (2) be administered by the Department of State Police; | ||||||
7 | (3) have help desk availability at all times; | ||||||
8 | (4) ensure the law enforcement agency contact | ||||||
9 | information is accessible to the
victim or his or her | ||||||
10 | designee through the tracking system, so there is contact
| ||||||
11 | information for questions; | ||||||
12 | (5) have the option for external connectivity to | ||||||
13 | evidence management systems,
laboratory information | ||||||
14 | management systems, or other electronic data
systems | ||||||
15 | already in existence by any of the stakeholders to | ||||||
16 | minimize additional
burdens or tasks on stakeholders; | ||||||
17 | (6) allow for the victim to opt in for automatic | ||||||
18 | notifications when status updates are
entered in the | ||||||
19 | system, if the system allows; | ||||||
20 | (7) include at each step in the process, a brief | ||||||
21 | explanation of the general purpose of that
step and a | ||||||
22 | general indication of how long the step may take to | ||||||
23 | complete; | ||||||
24 | (8) contain minimum fields for tracking and reporting, | ||||||
25 | as follows: | ||||||
26 | (A) for sexual assault evidence kit vendor fields: |
| |||||||
| |||||||
1 | (i) each sexual evidence kit identification | ||||||
2 | number provided to each health care
facility; and | ||||||
3 | (ii) the date the sexual evidence kit was sent | ||||||
4 | to the health care
facility. | ||||||
5 | (B) for health care
facility fields: | ||||||
6 | (i) the date sexual assault evidence was | ||||||
7 | collected; and | ||||||
8 | (ii) the date notification was made to the law | ||||||
9 | enforcement agency that the sexual assault | ||||||
10 | evidence was collected. | ||||||
11 | (C) for law enforcement agency fields: | ||||||
12 | (i) the date the law enforcement agency took | ||||||
13 | possession of the sexual assault evidence from the | ||||||
14 | health care facility,
another law enforcement | ||||||
15 | agency, or victim if he or she did not go through a | ||||||
16 | health care facility; | ||||||
17 | (ii) the law enforcement agency complaint | ||||||
18 | number; | ||||||
19 | (iii) if the law enforcement agency that takes | ||||||
20 | possession of the sexual assault evidence from a | ||||||
21 | health care facility is not the law enforcement | ||||||
22 | agency
with jurisdiction in which the offense | ||||||
23 | occurred, the date when the law enforcement agency
| ||||||
24 | notified the law enforcement agency having | ||||||
25 | jurisdiction that the agency has sexual assault | ||||||
26 | evidence required under subsection (c) of Section |
| |||||||
| |||||||
1 | 20 of the Sexual Assault Incident Procedure Act; | ||||||
2 | (iv) an indication if the victim consented for | ||||||
3 | analysis of the sexual assault evidence; | ||||||
4 | (v) if the victim did not consent for analysis | ||||||
5 | of the sexual assault evidence, the date
on which | ||||||
6 | the law enforcement agency is no longer required | ||||||
7 | to store the sexual assault evidence; | ||||||
8 | (vi) a mechanism for the law enforcement | ||||||
9 | agency to document why the sexual assault evidence | ||||||
10 | was not
submitted to the laboratory for analysis, | ||||||
11 | if applicable; | ||||||
12 | (vii) the date the law enforcement agency | ||||||
13 | received the sexual assault evidence results back | ||||||
14 | from the laboratory; | ||||||
15 | (viii) the date statutory notifications were | ||||||
16 | made to the victim or documentation of why | ||||||
17 | notification
was not made; and | ||||||
18 | (ix) the date the law enforcement agency | ||||||
19 | turned over the case information to the State's
| ||||||
20 | Attorney office, if applicable. | ||||||
21 | (D) for forensic lab fields: | ||||||
22 | (i) the date the sexual assault evidence is | ||||||
23 | received from the law enforcement agency by the | ||||||
24 | forensic lab
for analysis; | ||||||
25 | (ii) the laboratory case number, visible to | ||||||
26 | the law enforcement agency and State's Attorney |
| |||||||
| |||||||
1 | office; and | ||||||
2 | (iii) the date the laboratory completes the | ||||||
3 | analysis of the sexual assault evidence. | ||||||
4 | (E) for State's Attorney office fields: | ||||||
5 | (i) the date the State's Attorney office | ||||||
6 | received the sexual assault evidence results from | ||||||
7 | the laboratory, if
applicable; and | ||||||
8 | (ii) the disposition or status of the case. | ||||||
9 | (a-2) The Commission also developed guidelines for secure | ||||||
10 | electronic access to a tracking
system for a victim, or his or | ||||||
11 | her designee to access information on the status of the | ||||||
12 | evidence
collected. The Commission recommended minimum | ||||||
13 | guidelines in order to
safeguard confidentiality of the | ||||||
14 | information contained within this statewide tracking
system. | ||||||
15 | These recommendations are that the sexual assault evidence | ||||||
16 | tracking system must: | ||||||
17 | (1) allow for secure access, controlled by an | ||||||
18 | administering body who can restrict user
access and allow | ||||||
19 | different permissions based on the need of that particular | ||||||
20 | user
and health care facility users may include | ||||||
21 | out-of-state border hospitals, if
authorized by the | ||||||
22 | Department of State Police to obtain this State's kits | ||||||
23 | from vendor; | ||||||
24 | (2) provide for users, other than victims, the ability | ||||||
25 | to provide for any individual who
is granted access to the | ||||||
26 | program their own unique user ID and password; |
| |||||||
| |||||||
1 | (3) provide for a mechanism for a victim to enter the | ||||||
2 | system and only access
his or her own information; | ||||||
3 | (4) enable a sexual assault evidence to be tracked and | ||||||
4 | identified through the unique sexual assault evidence kit | ||||||
5 | identification
number or barcode that the vendor applies | ||||||
6 | to each sexual assault evidence kit per the Department of | ||||||
7 | State Police's contract; | ||||||
8 | (5) have a mechanism to inventory unused kits provided | ||||||
9 | to a health care facility from the vendor; | ||||||
10 | (6) provide users the option to either scan the bar | ||||||
11 | code or manually enter the sexual assault evidence kit | ||||||
12 | number
into the tracking program; | ||||||
13 | (7) provide a mechanism to create a separate unique | ||||||
14 | identification number for cases in
which a sexual evidence | ||||||
15 | kit was not collected, but other evidence was collected; | ||||||
16 | (8) provide the ability to record date, time, and user | ||||||
17 | ID whenever any user accesses the
system; | ||||||
18 | (9) provide for real-time entry and update of data; | ||||||
19 | (10) contain report functions including: | ||||||
20 | (A) health care facility compliance with | ||||||
21 | applicable laws; | ||||||
22 | (B) law enforcement agency compliance with | ||||||
23 | applicable laws; | ||||||
24 | (C) law enforcement agency annual inventory of | ||||||
25 | cases to each State's Attorney office; and | ||||||
26 | (D) forensic lab compliance with applicable laws; |
| |||||||
| |||||||
1 | and | ||||||
2 | (11) provide automatic notifications to the law | ||||||
3 | enforcement agency when: | ||||||
4 | (A) a health care facility has collected sexual | ||||||
5 | assault evidence; | ||||||
6 | (B) unreleased sexual assault evidence that is | ||||||
7 | being stored by the law enforcement agency has met the | ||||||
8 | minimum
storage requirement by law; and | ||||||
9 | (C) timelines as required by law are not met for a | ||||||
10 | particular case, if not
otherwise documented. | ||||||
11 | (b) The Department may shall develop rules to implement a | ||||||
12 | sexual assault evidence tracking system that conforms with | ||||||
13 | subsections (a-1) and (a-2) of this Section. The Department | ||||||
14 | shall design the criteria for the sexual assault evidence | ||||||
15 | tracking system so that, to the extent reasonably possible, | ||||||
16 | the system can use existing technologies and products, | ||||||
17 | including, but not limited to, currently available tracking | ||||||
18 | systems. The sexual assault evidence tracking system shall be | ||||||
19 | operational and shall begin tracking and reporting sexual | ||||||
20 | assault evidence no later than one year after the effective | ||||||
21 | date of this amendatory Act of the 101st General Assembly. The | ||||||
22 | Department may adopt additional rules as it deems necessary to | ||||||
23 | ensure that the sexual assault evidence tracking system | ||||||
24 | continues to be a useful tool for law enforcement. | ||||||
25 | (c) A treatment hospital, a treatment hospital with | ||||||
26 | approved pediatric transfer, an out-of-state hospital approved |
| |||||||
| |||||||
1 | by the Department of Public Health to receive transfers of | ||||||
2 | Illinois sexual assault survivors, or an approved pediatric | ||||||
3 | health care facility defined in Section 1a of the Sexual | ||||||
4 | Assault Survivors Emergency Treatment Act shall participate in | ||||||
5 | the sexual assault evidence tracking system created under this | ||||||
6 | Section and in accordance with rules adopted under subsection | ||||||
7 | (b), including, but not limited to, the collection of sexual | ||||||
8 | assault evidence and providing information regarding that | ||||||
9 | evidence, including, but not limited to, providing notice to | ||||||
10 | law enforcement that the evidence has been collected. | ||||||
11 | (d) The operations of the sexual assault evidence tracking | ||||||
12 | system shall be funded by moneys appropriated for that purpose | ||||||
13 | from the State Crime Laboratory Fund and funds provided to the | ||||||
14 | Department through asset forfeiture, together with such other | ||||||
15 | funds as the General Assembly may appropriate. | ||||||
16 | (e) To ensure that the sexual assault evidence tracking | ||||||
17 | system is operational, the Department may adopt emergency | ||||||
18 | rules to implement the provisions of this Section under | ||||||
19 | subsection (ff) of Section 5-45 of the Illinois Administrative | ||||||
20 | Procedure Act. | ||||||
21 | (f) Information, including, but not limited to, evidence | ||||||
22 | and records in the sexual assault evidence tracking system is | ||||||
23 | exempt from disclosure under the Freedom of Information Act.
| ||||||
24 | (Source: P.A. 101-377, eff. 8-16-19.)
| ||||||
25 | Section 30. The Sexual Assault Incident Procedure Act is |
| |||||||
| |||||||
1 | amended by changing Sections 25 and 35 and by adding Section 11 | ||||||
2 | as follows:
| ||||||
3 | (725 ILCS 203/11 new) | ||||||
4 | Sec. 11. Victim notification. When sexual assault evidence | ||||||
5 | is collected from a sexual assault survivor, the health care | ||||||
6 | provider or law enforcement officer who collects the evidence | ||||||
7 | must notify a victim about the tracking system. Such | ||||||
8 | notification is satisfied by providing the victim information | ||||||
9 | regarding the Sexual Assault Evidence Tracking System and the | ||||||
10 | victim's unique log-in information contained within the sexual | ||||||
11 | assault evidence kit or generated by the sexual assault | ||||||
12 | evidence tracking system.
| ||||||
13 | (725 ILCS 203/25) | ||||||
14 | Sec. 25. Report; victim notice. | ||||||
15 | (a) At the time of first contact with the victim, law | ||||||
16 | enforcement shall: | ||||||
17 | (1) Advise the victim about the following by providing | ||||||
18 | a form, the contents of which shall be prepared by the | ||||||
19 | Office of the Attorney General and posted on its website, | ||||||
20 | written in a language appropriate for the victim or in | ||||||
21 | Braille, or communicating in appropriate sign language | ||||||
22 | that includes, but is not limited to: | ||||||
23 | (A) information about seeking medical attention | ||||||
24 | and preserving evidence, including specifically, |
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1 | collection of evidence during a medical forensic | ||||||
2 | examination at a hospital and photographs of injury | ||||||
3 | and clothing; | ||||||
4 | (B) notice that the victim will not be charged for | ||||||
5 | hospital emergency and medical forensic services; | ||||||
6 | (C) information advising the victim that evidence | ||||||
7 | can be collected at the hospital up to 7 days after the | ||||||
8 | sexual assault or sexual abuse but that the longer the | ||||||
9 | victim waits the likelihood of obtaining evidence | ||||||
10 | decreases; | ||||||
11 | (C-5) notice that the sexual assault forensic | ||||||
12 | evidence collected will not be used to prosecute the | ||||||
13 | victim for any offense related to the use of alcohol, | ||||||
14 | cannabis, or a controlled substance; | ||||||
15 | (D) the location of nearby hospitals that provide | ||||||
16 | emergency medical and forensic services and, if known, | ||||||
17 | whether the hospitals employ any sexual assault nurse | ||||||
18 | examiners; | ||||||
19 | (E) a summary of the procedures and relief | ||||||
20 | available to victims of sexual assault or sexual abuse | ||||||
21 | under the Civil No Contact Order Act or the Illinois | ||||||
22 | Domestic Violence Act of 1986; | ||||||
23 | (F) the law enforcement officer's name and badge | ||||||
24 | number; | ||||||
25 | (G) at least one referral to an accessible service | ||||||
26 | agency and information advising the victim that rape |
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1 | crisis centers can assist with obtaining civil no | ||||||
2 | contact orders and orders of protection; and | ||||||
3 | (H) if the sexual assault or sexual abuse occurred | ||||||
4 | in another jurisdiction, provide in writing the | ||||||
5 | address and phone number of a specific contact at the | ||||||
6 | law enforcement agency having jurisdiction. | ||||||
7 | (2) Offer to provide or arrange accessible | ||||||
8 | transportation for the victim to a hospital for emergency | ||||||
9 | and forensic services, including contacting emergency | ||||||
10 | medical services. | ||||||
11 | (2.5) Notify victims about the Illinois State Police | ||||||
12 | sexual assault evidence tracking system. | ||||||
13 | (3) Offer to provide or arrange accessible | ||||||
14 | transportation for the victim to the nearest available | ||||||
15 | circuit judge or associate judge so the victim may file a | ||||||
16 | petition for an emergency civil no contact order under the | ||||||
17 | Civil No Contact Order Act or an order of protection under | ||||||
18 | the Illinois Domestic Violence Act of 1986 after the close | ||||||
19 | of court business hours, if a judge is available. | ||||||
20 | (b) At the time of the initial contact with a person making | ||||||
21 | a third-party report under Section 22 of this Act, a law | ||||||
22 | enforcement officer shall provide the written information | ||||||
23 | prescribed under paragraph (1) of subsection (a) of this | ||||||
24 | Section to the person making the report and request the person | ||||||
25 | provide the written information to the victim of the sexual | ||||||
26 | assault or sexual abuse. |
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1 | (c) If the first contact with the victim occurs at a | ||||||
2 | hospital, a law enforcement officer may request the hospital | ||||||
3 | provide interpretive services.
| ||||||
4 | (Source: P.A. 99-801, eff. 1-1-17; 100-1087, eff. 1-1-19 .)
| ||||||
5 | (725 ILCS 203/35)
| ||||||
6 | Sec. 35. Release of information. | ||||||
7 | (a) Upon the request of the victim who has consented to the | ||||||
8 | release of sexual assault evidence for testing, the law | ||||||
9 | enforcement agency having jurisdiction shall notify the victim | ||||||
10 | about the Illinois State Police sexual assault evidence | ||||||
11 | tracking system and provide the following information in | ||||||
12 | writing: | ||||||
13 | (1) the date the sexual assault evidence was sent to a | ||||||
14 | Department of State Police forensic laboratory or | ||||||
15 | designated laboratory; | ||||||
16 | (2) test results provided to the law enforcement | ||||||
17 | agency by a Department of State Police forensic laboratory | ||||||
18 | or designated laboratory, including, but not limited to: | ||||||
19 | (A) whether a DNA profile was obtained from the | ||||||
20 | testing of the sexual assault evidence from the | ||||||
21 | victim's case; | ||||||
22 | (B) whether the DNA profile developed from the | ||||||
23 | sexual assault evidence has been searched against the | ||||||
24 | DNA Index System or any state or federal DNA database; | ||||||
25 | (C) whether an association was made to an |
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1 | individual whose DNA profile is consistent with the | ||||||
2 | sexual assault evidence DNA profile,
provided that | ||||||
3 | disclosure would not impede or compromise an ongoing | ||||||
4 | investigation; and | ||||||
5 | (D) whether any drugs were detected in a urine or | ||||||
6 | blood sample analyzed for drug facilitated sexual | ||||||
7 | assault and information about any drugs detected. | ||||||
8 | (b) The information listed in paragraph (1) of subsection | ||||||
9 | (a) of this Section shall be provided to the victim within 7 | ||||||
10 | days of the transfer of the evidence to the laboratory. The | ||||||
11 | information listed in paragraph (2) of subsection (a) of this | ||||||
12 | Section shall be provided to the victim within 7 days of the | ||||||
13 | receipt of the information by the law enforcement agency | ||||||
14 | having jurisdiction. | ||||||
15 | (c) At the time the sexual assault evidence is released | ||||||
16 | for testing, the victim shall be provided written information | ||||||
17 | by the law enforcement agency having jurisdiction or the | ||||||
18 | hospital providing emergency services and forensic services to | ||||||
19 | the victim informing him or her of the right to request | ||||||
20 | information under subsection (a) of this Section. A victim may | ||||||
21 | designate another person or agency to receive this | ||||||
22 | information. | ||||||
23 | (d) The victim or the victim's designee shall keep the law | ||||||
24 | enforcement agency having jurisdiction informed of the name, | ||||||
25 | address, telephone number, and email address of the person to | ||||||
26 | whom the information should be provided, and any changes of |
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| |||||||
1 | the name, address, telephone number, and email address, if an | ||||||
2 | email address is available.
| ||||||
3 | (Source: P.A. 99-801, eff. 1-1-17 .)
| ||||||
4 | Section 95. No acceleration or delay. Where this Act makes | ||||||
5 | changes in a statute that is represented in this Act by text | ||||||
6 | that is not yet or no longer in effect (for example, a Section | ||||||
7 | represented by multiple versions), the use of that text does | ||||||
8 | not accelerate or delay the taking effect of (i) the changes | ||||||
9 | made by this Act or (ii) provisions derived from any other | ||||||
10 | Public Act.
| ||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.".
|