Bill Amendment: IL SB1411 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: TRACK-SEXUAL ASSAULT EVIDENCE
Status: 2019-08-16 - Public Act . . . . . . . . . 101-0377 [SB1411 Detail]
Download: Illinois-2019-SB1411-Senate_Amendment_001.html
Bill Title: TRACK-SEXUAL ASSAULT EVIDENCE
Status: 2019-08-16 - Public Act . . . . . . . . . 101-0377 [SB1411 Detail]
Download: Illinois-2019-SB1411-Senate_Amendment_001.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 1411
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 1411 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Illinois Administrative Procedure Act is | ||||||
5 | amended by changing Section 5-45 as follows:
| ||||||
6 | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | ||||||
7 | Sec. 5-45. Emergency rulemaking. | ||||||
8 | (a) "Emergency" means the existence of any situation that | ||||||
9 | any agency
finds reasonably constitutes a threat to the public | ||||||
10 | interest, safety, or
welfare. | ||||||
11 | (b) If any agency finds that an
emergency exists that | ||||||
12 | requires adoption of a rule upon fewer days than
is required by | ||||||
13 | Section 5-40 and states in writing its reasons for that
| ||||||
14 | finding, the agency may adopt an emergency rule without prior | ||||||
15 | notice or
hearing upon filing a notice of emergency rulemaking | ||||||
16 | with the Secretary of
State under Section 5-70. The notice |
| |||||||
| |||||||
1 | shall include the text of the
emergency rule and shall be | ||||||
2 | published in the Illinois Register. Consent
orders or other | ||||||
3 | court orders adopting settlements negotiated by an agency
may | ||||||
4 | be adopted under this Section. Subject to applicable | ||||||
5 | constitutional or
statutory provisions, an emergency rule | ||||||
6 | becomes effective immediately upon
filing under Section 5-65 or | ||||||
7 | at a stated date less than 10 days
thereafter. The agency's | ||||||
8 | finding and a statement of the specific reasons
for the finding | ||||||
9 | shall be filed with the rule. The agency shall take
reasonable | ||||||
10 | and appropriate measures to make emergency rules known to the
| ||||||
11 | persons who may be affected by them. | ||||||
12 | (c) An emergency rule may be effective for a period of not | ||||||
13 | longer than
150 days, but the agency's authority to adopt an | ||||||
14 | identical rule under Section
5-40 is not precluded. No | ||||||
15 | emergency rule may be adopted more
than once in any 24-month | ||||||
16 | period, except that this limitation on the number
of emergency | ||||||
17 | rules that may be adopted in a 24-month period does not apply
| ||||||
18 | to (i) emergency rules that make additions to and deletions | ||||||
19 | from the Drug
Manual under Section 5-5.16 of the Illinois | ||||||
20 | Public Aid Code or the
generic drug formulary under Section | ||||||
21 | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||||||
22 | emergency rules adopted by the Pollution Control
Board before | ||||||
23 | July 1, 1997 to implement portions of the Livestock Management
| ||||||
24 | Facilities Act, (iii) emergency rules adopted by the Illinois | ||||||
25 | Department of Public Health under subsections (a) through (i) | ||||||
26 | of Section 2 of the Department of Public Health Act when |
| |||||||
| |||||||
1 | necessary to protect the public's health, (iv) emergency rules | ||||||
2 | adopted pursuant to subsection (n) of this Section, (v) | ||||||
3 | emergency rules adopted pursuant to subsection (o) of this | ||||||
4 | Section, or (vi) emergency rules adopted pursuant to subsection | ||||||
5 | (c-5) of this Section. Two or more emergency rules having | ||||||
6 | substantially the same
purpose and effect shall be deemed to be | ||||||
7 | a single rule for purposes of this
Section. | ||||||
8 | (c-5) To facilitate the maintenance of the program of group | ||||||
9 | health benefits provided to annuitants, survivors, and retired | ||||||
10 | employees under the State Employees Group Insurance Act of | ||||||
11 | 1971, rules to alter the contributions to be paid by the State, | ||||||
12 | annuitants, survivors, retired employees, or any combination | ||||||
13 | of those entities, for that program of group health benefits, | ||||||
14 | shall be adopted as emergency rules. The adoption of those | ||||||
15 | rules shall be considered an emergency and necessary for the | ||||||
16 | public interest, safety, and welfare. | ||||||
17 | (d) In order to provide for the expeditious and timely | ||||||
18 | implementation
of the State's fiscal year 1999 budget, | ||||||
19 | emergency rules to implement any
provision of Public Act 90-587 | ||||||
20 | or 90-588
or any other budget initiative for fiscal year 1999 | ||||||
21 | may be adopted in
accordance with this Section by the agency | ||||||
22 | charged with administering that
provision or initiative, | ||||||
23 | except that the 24-month limitation on the adoption
of | ||||||
24 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
25 | do not apply
to rules adopted under this subsection (d). The | ||||||
26 | adoption of emergency rules
authorized by this subsection (d) |
| |||||||
| |||||||
1 | shall be deemed to be necessary for the
public interest, | ||||||
2 | safety, and welfare. | ||||||
3 | (e) In order to provide for the expeditious and timely | ||||||
4 | implementation
of the State's fiscal year 2000 budget, | ||||||
5 | emergency rules to implement any
provision of Public Act 91-24
| ||||||
6 | or any other budget initiative for fiscal year 2000 may be | ||||||
7 | adopted in
accordance with this Section by the agency charged | ||||||
8 | with administering that
provision or initiative, except that | ||||||
9 | the 24-month limitation on the adoption
of emergency rules and | ||||||
10 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
11 | rules adopted under this subsection (e). The adoption of | ||||||
12 | emergency rules
authorized by this subsection (e) shall be | ||||||
13 | deemed to be necessary for the
public interest, safety, and | ||||||
14 | welfare. | ||||||
15 | (f) In order to provide for the expeditious and timely | ||||||
16 | implementation
of the State's fiscal year 2001 budget, | ||||||
17 | emergency rules to implement any
provision of Public Act 91-712
| ||||||
18 | or any other budget initiative for fiscal year 2001 may be | ||||||
19 | adopted in
accordance with this Section by the agency charged | ||||||
20 | with administering that
provision or initiative, except that | ||||||
21 | the 24-month limitation on the adoption
of emergency rules and | ||||||
22 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
23 | rules adopted under this subsection (f). The adoption of | ||||||
24 | emergency rules
authorized by this subsection (f) shall be | ||||||
25 | deemed to be necessary for the
public interest, safety, and | ||||||
26 | welfare. |
| |||||||
| |||||||
1 | (g) In order to provide for the expeditious and timely | ||||||
2 | implementation
of the State's fiscal year 2002 budget, | ||||||
3 | emergency rules to implement any
provision of Public Act 92-10
| ||||||
4 | or any other budget initiative for fiscal year 2002 may be | ||||||
5 | adopted in
accordance with this Section by the agency charged | ||||||
6 | with administering that
provision or initiative, except that | ||||||
7 | the 24-month limitation on the adoption
of emergency rules and | ||||||
8 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
9 | rules adopted under this subsection (g). The adoption of | ||||||
10 | emergency rules
authorized by this subsection (g) shall be | ||||||
11 | deemed to be necessary for the
public interest, safety, and | ||||||
12 | welfare. | ||||||
13 | (h) In order to provide for the expeditious and timely | ||||||
14 | implementation
of the State's fiscal year 2003 budget, | ||||||
15 | emergency rules to implement any
provision of Public Act 92-597
| ||||||
16 | or any other budget initiative for fiscal year 2003 may be | ||||||
17 | adopted in
accordance with this Section by the agency charged | ||||||
18 | with administering that
provision or initiative, except that | ||||||
19 | the 24-month limitation on the adoption
of emergency rules and | ||||||
20 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
21 | rules adopted under this subsection (h). The adoption of | ||||||
22 | emergency rules
authorized by this subsection (h) shall be | ||||||
23 | deemed to be necessary for the
public interest, safety, and | ||||||
24 | welfare. | ||||||
25 | (i) In order to provide for the expeditious and timely | ||||||
26 | implementation
of the State's fiscal year 2004 budget, |
| |||||||
| |||||||
1 | emergency rules to implement any
provision of Public Act 93-20
| ||||||
2 | or any other budget initiative for fiscal year 2004 may be | ||||||
3 | adopted in
accordance with this Section by the agency charged | ||||||
4 | with administering that
provision or initiative, except that | ||||||
5 | the 24-month limitation on the adoption
of emergency rules and | ||||||
6 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
7 | rules adopted under this subsection (i). The adoption of | ||||||
8 | emergency rules
authorized by this subsection (i) shall be | ||||||
9 | deemed to be necessary for the
public interest, safety, and | ||||||
10 | welfare. | ||||||
11 | (j) In order to provide for the expeditious and timely | ||||||
12 | implementation of the provisions of the State's fiscal year | ||||||
13 | 2005 budget as provided under the Fiscal Year 2005 Budget | ||||||
14 | Implementation (Human Services) Act, emergency rules to | ||||||
15 | implement any provision of the Fiscal Year 2005 Budget | ||||||
16 | Implementation (Human Services) Act may be adopted in | ||||||
17 | accordance with this Section by the agency charged with | ||||||
18 | administering that provision, except that the 24-month | ||||||
19 | limitation on the adoption of emergency rules and the | ||||||
20 | provisions of Sections 5-115 and 5-125 do not apply to rules | ||||||
21 | adopted under this subsection (j). The Department of Public Aid | ||||||
22 | may also adopt rules under this subsection (j) necessary to | ||||||
23 | administer the Illinois Public Aid Code and the Children's | ||||||
24 | Health Insurance Program Act. The adoption of emergency rules | ||||||
25 | authorized by this subsection (j) shall be deemed to be | ||||||
26 | necessary for the public interest, safety, and welfare.
|
| |||||||
| |||||||
1 | (k) In order to provide for the expeditious and timely | ||||||
2 | implementation of the provisions of the State's fiscal year | ||||||
3 | 2006 budget, emergency rules to implement any provision of | ||||||
4 | Public Act 94-48 or any other budget initiative for fiscal year | ||||||
5 | 2006 may be adopted in accordance with this Section by the | ||||||
6 | agency charged with administering that provision or | ||||||
7 | initiative, except that the 24-month limitation on the adoption | ||||||
8 | of emergency rules and the provisions of Sections 5-115 and | ||||||
9 | 5-125 do not apply to rules adopted under this subsection (k). | ||||||
10 | The Department of Healthcare and Family Services may also adopt | ||||||
11 | rules under this subsection (k) necessary to administer the | ||||||
12 | Illinois Public Aid Code, the Senior Citizens and Persons with | ||||||
13 | Disabilities Property Tax Relief Act, the Senior Citizens and | ||||||
14 | Disabled Persons Prescription Drug Discount Program Act (now | ||||||
15 | the Illinois Prescription Drug Discount Program Act), and the | ||||||
16 | Children's Health Insurance Program Act. The adoption of | ||||||
17 | emergency rules authorized by this subsection (k) shall be | ||||||
18 | deemed to be necessary for the public interest, safety, and | ||||||
19 | welfare.
| ||||||
20 | (l) In order to provide for the expeditious and timely | ||||||
21 | implementation of the provisions of the
State's fiscal year | ||||||
22 | 2007 budget, the Department of Healthcare and Family Services | ||||||
23 | may adopt emergency rules during fiscal year 2007, including | ||||||
24 | rules effective July 1, 2007, in
accordance with this | ||||||
25 | subsection to the extent necessary to administer the | ||||||
26 | Department's responsibilities with respect to amendments to |
| |||||||
| |||||||
1 | the State plans and Illinois waivers approved by the federal | ||||||
2 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
3 | requirements of Title XIX and Title XXI of the federal Social | ||||||
4 | Security Act. The adoption of emergency rules
authorized by | ||||||
5 | this subsection (l) shall be deemed to be necessary for the | ||||||
6 | public interest,
safety, and welfare.
| ||||||
7 | (m) In order to provide for the expeditious and timely | ||||||
8 | implementation of the provisions of the
State's fiscal year | ||||||
9 | 2008 budget, the Department of Healthcare and Family Services | ||||||
10 | may adopt emergency rules during fiscal year 2008, including | ||||||
11 | rules effective July 1, 2008, in
accordance with this | ||||||
12 | subsection to the extent necessary to administer the | ||||||
13 | Department's responsibilities with respect to amendments to | ||||||
14 | the State plans and Illinois waivers approved by the federal | ||||||
15 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
16 | requirements of Title XIX and Title XXI of the federal Social | ||||||
17 | Security Act. The adoption of emergency rules
authorized by | ||||||
18 | this subsection (m) shall be deemed to be necessary for the | ||||||
19 | public interest,
safety, and welfare.
| ||||||
20 | (n) In order to provide for the expeditious and timely | ||||||
21 | implementation of the provisions of the State's fiscal year | ||||||
22 | 2010 budget, emergency rules to implement any provision of | ||||||
23 | Public Act 96-45 or any other budget initiative authorized by | ||||||
24 | the 96th General Assembly for fiscal year 2010 may be adopted | ||||||
25 | in accordance with this Section by the agency charged with | ||||||
26 | administering that provision or initiative. The adoption of |
| |||||||
| |||||||
1 | emergency rules authorized by this subsection (n) shall be | ||||||
2 | deemed to be necessary for the public interest, safety, and | ||||||
3 | welfare. The rulemaking authority granted in this subsection | ||||||
4 | (n) shall apply only to rules promulgated during Fiscal Year | ||||||
5 | 2010. | ||||||
6 | (o) In order to provide for the expeditious and timely | ||||||
7 | implementation of the provisions of the State's fiscal year | ||||||
8 | 2011 budget, emergency rules to implement any provision of | ||||||
9 | Public Act 96-958 or any other budget initiative authorized by | ||||||
10 | the 96th General Assembly for fiscal year 2011 may be adopted | ||||||
11 | in accordance with this Section by the agency charged with | ||||||
12 | administering that provision or initiative. The adoption of | ||||||
13 | emergency rules authorized by this subsection (o) is deemed to | ||||||
14 | be necessary for the public interest, safety, and welfare. The | ||||||
15 | rulemaking authority granted in this subsection (o) applies | ||||||
16 | only to rules promulgated on or after July 1, 2010 (the | ||||||
17 | effective date of Public Act 96-958) through June 30, 2011. | ||||||
18 | (p) In order to provide for the expeditious and timely | ||||||
19 | implementation of the provisions of Public Act 97-689, | ||||||
20 | emergency rules to implement any provision of Public Act 97-689 | ||||||
21 | may be adopted in accordance with this subsection (p) by the | ||||||
22 | agency charged with administering that provision or | ||||||
23 | initiative. The 150-day limitation of the effective period of | ||||||
24 | emergency rules does not apply to rules adopted under this | ||||||
25 | subsection (p), and the effective period may continue through | ||||||
26 | June 30, 2013. The 24-month limitation on the adoption of |
| |||||||
| |||||||
1 | emergency rules does not apply to rules adopted under this | ||||||
2 | subsection (p). The adoption of emergency rules authorized by | ||||||
3 | this subsection (p) is deemed to be necessary for the public | ||||||
4 | interest, safety, and welfare. | ||||||
5 | (q) In order to provide for the expeditious and timely | ||||||
6 | implementation of the provisions of Articles 7, 8, 9, 11, and | ||||||
7 | 12 of Public Act 98-104, emergency rules to implement any | ||||||
8 | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | ||||||
9 | may be adopted in accordance with this subsection (q) by the | ||||||
10 | agency charged with administering that provision or | ||||||
11 | initiative. The 24-month limitation on the adoption of | ||||||
12 | emergency rules does not apply to rules adopted under this | ||||||
13 | subsection (q). The adoption of emergency rules authorized by | ||||||
14 | this subsection (q) is deemed to be necessary for the public | ||||||
15 | interest, safety, and welfare. | ||||||
16 | (r) In order to provide for the expeditious and timely | ||||||
17 | implementation of the provisions of Public Act 98-651, | ||||||
18 | emergency rules to implement Public Act 98-651 may be adopted | ||||||
19 | in accordance with this subsection (r) by the Department of | ||||||
20 | Healthcare and Family Services. The 24-month limitation on the | ||||||
21 | adoption of emergency rules does not apply to rules adopted | ||||||
22 | under this subsection (r). The adoption of emergency rules | ||||||
23 | authorized by this subsection (r) is deemed to be necessary for | ||||||
24 | the public interest, safety, and welfare. | ||||||
25 | (s) In order to provide for the expeditious and timely | ||||||
26 | implementation of the provisions of Sections 5-5b.1 and 5A-2 of |
| |||||||
| |||||||
1 | the Illinois Public Aid Code, emergency rules to implement any | ||||||
2 | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | ||||||
3 | Public Aid Code may be adopted in accordance with this | ||||||
4 | subsection (s) by the Department of Healthcare and Family | ||||||
5 | Services. The rulemaking authority granted in this subsection | ||||||
6 | (s) shall apply only to those rules adopted prior to July 1, | ||||||
7 | 2015. Notwithstanding any other provision of this Section, any | ||||||
8 | emergency rule adopted under this subsection (s) shall only | ||||||
9 | apply to payments made for State fiscal year 2015. The adoption | ||||||
10 | of emergency rules authorized by this subsection (s) is deemed | ||||||
11 | to be necessary for the public interest, safety, and welfare. | ||||||
12 | (t) In order to provide for the expeditious and timely | ||||||
13 | implementation of the provisions of Article II of Public Act | ||||||
14 | 99-6, emergency rules to implement the changes made by Article | ||||||
15 | II of Public Act 99-6 to the Emergency Telephone System Act may | ||||||
16 | be adopted in accordance with this subsection (t) by the | ||||||
17 | Department of State Police. The rulemaking authority granted in | ||||||
18 | this subsection (t) shall apply only to those rules adopted | ||||||
19 | prior to July 1, 2016. The 24-month limitation on the adoption | ||||||
20 | of emergency rules does not apply to rules adopted under this | ||||||
21 | subsection (t). The adoption of emergency rules authorized by | ||||||
22 | this subsection (t) is deemed to be necessary for the public | ||||||
23 | interest, safety, and welfare. | ||||||
24 | (u) In order to provide for the expeditious and timely | ||||||
25 | implementation of the provisions of the Burn Victims Relief | ||||||
26 | Act, emergency rules to implement any provision of the Act may |
| |||||||
| |||||||
1 | be adopted in accordance with this subsection (u) by the | ||||||
2 | Department of Insurance. The rulemaking authority granted in | ||||||
3 | this subsection (u) shall apply only to those rules adopted | ||||||
4 | prior to December 31, 2015. The adoption of emergency rules | ||||||
5 | authorized by this subsection (u) is deemed to be necessary for | ||||||
6 | the public interest, safety, and welfare. | ||||||
7 | (v) In order to provide for the expeditious and timely | ||||||
8 | implementation of the provisions of Public Act 99-516, | ||||||
9 | emergency rules to implement Public Act 99-516 may be adopted | ||||||
10 | in accordance with this subsection (v) by the Department of | ||||||
11 | Healthcare and Family Services. The 24-month limitation on the | ||||||
12 | adoption of emergency rules does not apply to rules adopted | ||||||
13 | under this subsection (v). The adoption of emergency rules | ||||||
14 | authorized by this subsection (v) is deemed to be necessary for | ||||||
15 | the public interest, safety, and welfare. | ||||||
16 | (w) In order to provide for the expeditious and timely | ||||||
17 | implementation of the provisions of Public Act 99-796, | ||||||
18 | emergency rules to implement the changes made by Public Act | ||||||
19 | 99-796 may be adopted in accordance with this subsection (w) by | ||||||
20 | the Adjutant General. The adoption of emergency rules | ||||||
21 | authorized by this subsection (w) is deemed to be necessary for | ||||||
22 | the public interest, safety, and welfare. | ||||||
23 | (x) In order to provide for the expeditious and timely | ||||||
24 | implementation of the provisions of Public Act 99-906, | ||||||
25 | emergency rules to implement subsection (i) of Section 16-115D, | ||||||
26 | subsection (g) of Section 16-128A, and subsection (a) of |
| |||||||
| |||||||
1 | Section 16-128B of the Public Utilities Act may be adopted in | ||||||
2 | accordance with this subsection (x) by the Illinois Commerce | ||||||
3 | Commission. The rulemaking authority granted in this | ||||||
4 | subsection (x) shall apply only to those rules adopted within | ||||||
5 | 180 days after June 1, 2017 (the effective date of Public Act | ||||||
6 | 99-906). The adoption of emergency rules authorized by this | ||||||
7 | subsection (x) is deemed to be necessary for the public | ||||||
8 | interest, safety, and welfare. | ||||||
9 | (y) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of Public Act 100-23, | ||||||
11 | emergency rules to implement the changes made by Public Act | ||||||
12 | 100-23 to Section 4.02 of the Illinois Act on the Aging, | ||||||
13 | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | ||||||
14 | Section 55-30 of the Alcoholism and Other Drug Abuse and | ||||||
15 | Dependency Act, and Sections 74 and 75 of the Mental Health and | ||||||
16 | Developmental Disabilities Administrative Act may be adopted | ||||||
17 | in accordance with this subsection (y) by the respective | ||||||
18 | Department. The adoption of emergency rules authorized by this | ||||||
19 | subsection (y) is deemed to be necessary for the public | ||||||
20 | interest, safety, and welfare. | ||||||
21 | (z) In order to provide for the expeditious and timely | ||||||
22 | implementation of the provisions of Public Act 100-554, | ||||||
23 | emergency rules to implement the changes made by Public Act | ||||||
24 | 100-554 to Section 4.7 of the Lobbyist Registration Act may be | ||||||
25 | adopted in accordance with this subsection (z) by the Secretary | ||||||
26 | of State. The adoption of emergency rules authorized by this |
| |||||||
| |||||||
1 | subsection (z) is deemed to be necessary for the public | ||||||
2 | interest, safety, and welfare. | ||||||
3 | (aa) In order to provide for the expeditious and timely | ||||||
4 | initial implementation of the changes made to Articles 5, 5A, | ||||||
5 | 12, and 14 of the Illinois Public Aid Code under the provisions | ||||||
6 | of Public Act 100-581, the Department of Healthcare and Family | ||||||
7 | Services may adopt emergency rules in accordance with this | ||||||
8 | subsection (aa). The 24-month limitation on the adoption of | ||||||
9 | emergency rules does not apply to rules to initially implement | ||||||
10 | the changes made to Articles 5, 5A, 12, and 14 of the Illinois | ||||||
11 | Public Aid Code adopted under this subsection (aa). The | ||||||
12 | adoption of emergency rules authorized by this subsection (aa) | ||||||
13 | is deemed to be necessary for the public interest, safety, and | ||||||
14 | welfare. | ||||||
15 | (bb) In order to provide for the expeditious and timely | ||||||
16 | implementation of the provisions of Public Act 100-587, | ||||||
17 | emergency rules to implement the changes made by Public Act | ||||||
18 | 100-587 to Section 4.02 of the Illinois Act on the Aging, | ||||||
19 | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | ||||||
20 | subsection (b) of Section 55-30 of the Alcoholism and Other | ||||||
21 | Drug Abuse and Dependency Act, Section 5-104 of the Specialized | ||||||
22 | Mental Health Rehabilitation Act of 2013, and Section 75 and | ||||||
23 | subsection (b) of Section 74 of the Mental Health and | ||||||
24 | Developmental Disabilities Administrative Act may be adopted | ||||||
25 | in accordance with this subsection (bb) by the respective | ||||||
26 | Department. The adoption of emergency rules authorized by this |
| |||||||
| |||||||
1 | subsection (bb) is deemed to be necessary for the public | ||||||
2 | interest, safety, and welfare. | ||||||
3 | (cc) In order to provide for the expeditious and timely | ||||||
4 | implementation of the provisions of Public Act 100-587, | ||||||
5 | emergency rules may be adopted in accordance with this | ||||||
6 | subsection (cc) to implement the changes made by Public Act | ||||||
7 | 100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois | ||||||
8 | Pension Code by the Board created under Article 14 of the Code; | ||||||
9 | Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by | ||||||
10 | the Board created under Article 15 of the Code; and Sections | ||||||
11 | 16-190.5 and 16-190.6 of the Illinois Pension Code by the Board | ||||||
12 | created under Article 16 of the Code. The adoption of emergency | ||||||
13 | rules authorized by this subsection (cc) is deemed to be | ||||||
14 | necessary for the public interest, safety, and welfare. | ||||||
15 | (dd) In order to provide for the expeditious and timely | ||||||
16 | implementation of the provisions of Public Act 100-864, | ||||||
17 | emergency rules to implement the changes made by Public Act | ||||||
18 | 100-864 to Section 3.35 of the Newborn Metabolic Screening Act | ||||||
19 | may be adopted in accordance with this subsection (dd) by the | ||||||
20 | Secretary of State. The adoption of emergency rules authorized | ||||||
21 | by this subsection (dd) is deemed to be necessary for the | ||||||
22 | public interest, safety, and welfare. | ||||||
23 | (ee) In order to provide for the expeditious and timely | ||||||
24 | implementation of the provisions of this amendatory Act of the | ||||||
25 | 100th General Assembly, emergency rules implementing the | ||||||
26 | Illinois Underground Natural Gas Storage Safety Act may be |
| |||||||
| |||||||
1 | adopted in accordance with this subsection by the Department of | ||||||
2 | Natural Resources. The adoption of emergency rules authorized | ||||||
3 | by this subsection is deemed to be necessary for the public | ||||||
4 | interest, safety, and welfare. | ||||||
5 | (ff) In order to provide for the expeditious and timely | ||||||
6 | implementation of the provisions of this amendatory Act of the | ||||||
7 | 101st General Assembly, emergency rules may be adopted by the | ||||||
8 | Department of Labor in accordance with this subsection (ff) to | ||||||
9 | implement the changes made by this amendatory Act of the 101st | ||||||
10 | General Assembly to the Minimum Wage Law. The adoption of | ||||||
11 | emergency rules authorized by this subsection (ff) is deemed to | ||||||
12 | be necessary for the public interest, safety, and welfare. | ||||||
13 | (gg) In order to provide for the expeditious and timely
| ||||||
14 | implementation of the provisions of Section 50 of the Sexual
| ||||||
15 | Assault Evidence Submission Act, emergency rules to implement
| ||||||
16 | Section 50 of the Sexual Assault Evidence Submission Act may be
| ||||||
17 | adopted in accordance with this subsection (gg) by the
| ||||||
18 | Department of State Police. The adoption of emergency rules
| ||||||
19 | authorized by this subsection (gg) is deemed to be necessary
| ||||||
20 | for the public interest, safety, and welfare. | ||||||
21 | (Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; | ||||||
22 | 100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff. | ||||||
23 | 6-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18; | ||||||
24 | 100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 101-1, eff. | ||||||
25 | 2-19-19.)
|
| |||||||
| |||||||
1 | Section 10. The Freedom of Information Act is amended by | ||||||
2 | changing Section 7.5 as follows:
| ||||||
3 | (5 ILCS 140/7.5) | ||||||
4 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
5 | by the statutes referenced below, the following shall be exempt | ||||||
6 | from inspection and copying: | ||||||
7 | (a) All information determined to be confidential | ||||||
8 | under Section 4002 of the Technology Advancement and | ||||||
9 | Development Act. | ||||||
10 | (b) Library circulation and order records identifying | ||||||
11 | library users with specific materials under the Library | ||||||
12 | Records Confidentiality Act. | ||||||
13 | (c) Applications, related documents, and medical | ||||||
14 | records received by the Experimental Organ Transplantation | ||||||
15 | Procedures Board and any and all documents or other records | ||||||
16 | prepared by the Experimental Organ Transplantation | ||||||
17 | Procedures Board or its staff relating to applications it | ||||||
18 | has received. | ||||||
19 | (d) Information and records held by the Department of | ||||||
20 | Public Health and its authorized representatives relating | ||||||
21 | to known or suspected cases of sexually transmissible | ||||||
22 | disease or any information the disclosure of which is | ||||||
23 | restricted under the Illinois Sexually Transmissible | ||||||
24 | Disease Control Act. | ||||||
25 | (e) Information the disclosure of which is exempted |
| |||||||
| |||||||
1 | under Section 30 of the Radon Industry Licensing Act. | ||||||
2 | (f) Firm performance evaluations under Section 55 of | ||||||
3 | the Architectural, Engineering, and Land Surveying | ||||||
4 | Qualifications Based Selection Act. | ||||||
5 | (g) Information the disclosure of which is restricted | ||||||
6 | and exempted under Section 50 of the Illinois Prepaid | ||||||
7 | Tuition Act. | ||||||
8 | (h) Information the disclosure of which is exempted | ||||||
9 | under the State Officials and Employees Ethics Act, and | ||||||
10 | records of any lawfully created State or local inspector | ||||||
11 | general's office that would be exempt if created or | ||||||
12 | obtained by an Executive Inspector General's office under | ||||||
13 | that Act. | ||||||
14 | (i) Information contained in a local emergency energy | ||||||
15 | plan submitted to a municipality in accordance with a local | ||||||
16 | emergency energy plan ordinance that is adopted under | ||||||
17 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
18 | (j) Information and data concerning the distribution | ||||||
19 | of surcharge moneys collected and remitted by carriers | ||||||
20 | under the Emergency Telephone System Act. | ||||||
21 | (k) Law enforcement officer identification information | ||||||
22 | or driver identification information compiled by a law | ||||||
23 | enforcement agency or the Department of Transportation | ||||||
24 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
25 | (l) Records and information provided to a residential | ||||||
26 | health care facility resident sexual assault and death |
| |||||||
| |||||||
1 | review team or the Executive Council under the Abuse | ||||||
2 | Prevention Review Team Act. | ||||||
3 | (m) Information provided to the predatory lending | ||||||
4 | database created pursuant to Article 3 of the Residential | ||||||
5 | Real Property Disclosure Act, except to the extent | ||||||
6 | authorized under that Article. | ||||||
7 | (n) Defense budgets and petitions for certification of | ||||||
8 | compensation and expenses for court appointed trial | ||||||
9 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
10 | Crimes Litigation Act. This subsection (n) shall apply | ||||||
11 | until the conclusion of the trial of the case, even if the | ||||||
12 | prosecution chooses not to pursue the death penalty prior | ||||||
13 | to trial or sentencing. | ||||||
14 | (o) Information that is prohibited from being | ||||||
15 | disclosed under Section 4 of the Illinois Health and | ||||||
16 | Hazardous Substances Registry Act. | ||||||
17 | (p) Security portions of system safety program plans, | ||||||
18 | investigation reports, surveys, schedules, lists, data, or | ||||||
19 | information compiled, collected, or prepared by or for the | ||||||
20 | Regional Transportation Authority under Section 2.11 of | ||||||
21 | the Regional Transportation Authority Act or the St. Clair | ||||||
22 | County Transit District under the Bi-State Transit Safety | ||||||
23 | Act. | ||||||
24 | (q) Information prohibited from being disclosed by the | ||||||
25 | Personnel Record Records Review Act. | ||||||
26 | (r) Information prohibited from being disclosed by the |
| |||||||
| |||||||
1 | Illinois School Student Records Act. | ||||||
2 | (s) Information the disclosure of which is restricted | ||||||
3 | under Section 5-108 of the Public Utilities Act.
| ||||||
4 | (t) All identified or deidentified health information | ||||||
5 | in the form of health data or medical records contained in, | ||||||
6 | stored in, submitted to, transferred by, or released from | ||||||
7 | the Illinois Health Information Exchange, and identified | ||||||
8 | or deidentified health information in the form of health | ||||||
9 | data and medical records of the Illinois Health Information | ||||||
10 | Exchange in the possession of the Illinois Health | ||||||
11 | Information Exchange Authority due to its administration | ||||||
12 | of the Illinois Health Information Exchange. The terms | ||||||
13 | "identified" and "deidentified" shall be given the same | ||||||
14 | meaning as in the Health Insurance Portability and | ||||||
15 | Accountability Act of 1996, Public Law 104-191, or any | ||||||
16 | subsequent amendments thereto, and any regulations | ||||||
17 | promulgated thereunder. | ||||||
18 | (u) Records and information provided to an independent | ||||||
19 | team of experts under the Developmental Disability and | ||||||
20 | Mental Health Safety Act (also known as Brian's Law ) . | ||||||
21 | (v) Names and information of people who have applied | ||||||
22 | for or received Firearm Owner's Identification Cards under | ||||||
23 | the Firearm Owners Identification Card Act or applied for | ||||||
24 | or received a concealed carry license under the Firearm | ||||||
25 | Concealed Carry Act, unless otherwise authorized by the | ||||||
26 | Firearm Concealed Carry Act; and databases under the |
| |||||||
| |||||||
1 | Firearm Concealed Carry Act, records of the Concealed Carry | ||||||
2 | Licensing Review Board under the Firearm Concealed Carry | ||||||
3 | Act, and law enforcement agency objections under the | ||||||
4 | Firearm Concealed Carry Act. | ||||||
5 | (w) Personally identifiable information which is | ||||||
6 | exempted from disclosure under subsection (g) of Section | ||||||
7 | 19.1 of the Toll Highway Act. | ||||||
8 | (x) Information which is exempted from disclosure | ||||||
9 | under Section 5-1014.3 of the Counties Code or Section | ||||||
10 | 8-11-21 of the Illinois Municipal Code. | ||||||
11 | (y) Confidential information under the Adult | ||||||
12 | Protective Services Act and its predecessor enabling | ||||||
13 | statute, the Elder Abuse and Neglect Act, including | ||||||
14 | information about the identity and administrative finding | ||||||
15 | against any caregiver of a verified and substantiated | ||||||
16 | decision of abuse, neglect, or financial exploitation of an | ||||||
17 | eligible adult maintained in the Registry established | ||||||
18 | under Section 7.5 of the Adult Protective Services Act. | ||||||
19 | (z) Records and information provided to a fatality | ||||||
20 | review team or the Illinois Fatality Review Team Advisory | ||||||
21 | Council under Section 15 of the Adult Protective Services | ||||||
22 | Act. | ||||||
23 | (aa) Information which is exempted from disclosure | ||||||
24 | under Section 2.37 of the Wildlife Code. | ||||||
25 | (bb) Information which is or was prohibited from | ||||||
26 | disclosure by the Juvenile Court Act of 1987. |
| |||||||
| |||||||
1 | (cc) Recordings made under the Law Enforcement | ||||||
2 | Officer-Worn Body Camera Act, except to the extent | ||||||
3 | authorized under that Act. | ||||||
4 | (dd) Information that is prohibited from being | ||||||
5 | disclosed under Section 45 of the Condominium and Common | ||||||
6 | Interest Community Ombudsperson Act. | ||||||
7 | (ee) Information that is exempted from disclosure | ||||||
8 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
9 | (ff) Information that is exempted from disclosure | ||||||
10 | under the Revised Uniform Unclaimed Property Act. | ||||||
11 | (gg) Information that is prohibited from being | ||||||
12 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
13 | Code. | ||||||
14 | (hh) Records that are exempt from disclosure under | ||||||
15 | Section 1A-16.7 of the Election Code. | ||||||
16 | (ii) Information which is exempted from disclosure | ||||||
17 | under Section 2505-800 of the Department of Revenue Law of | ||||||
18 | the Civil Administrative Code of Illinois. | ||||||
19 | (jj) Information and reports that are required to be | ||||||
20 | submitted to the Department of Labor by registering day and | ||||||
21 | temporary labor service agencies but are exempt from | ||||||
22 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
23 | and Temporary Labor Services Act. | ||||||
24 | (kk) Information prohibited from disclosure under the | ||||||
25 | Seizure and Forfeiture Reporting Act. | ||||||
26 | (ll) Information the disclosure of which is restricted |
| |||||||
| |||||||
1 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
2 | Aid Code. | ||||||
3 | (mm) (ll) Records that are exempt from disclosure under | ||||||
4 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
5 | (nn) (ll) Information that is exempt from disclosure | ||||||
6 | under Section 70 of the Higher Education Student Assistance | ||||||
7 | Act. | ||||||
8 | (oo) Information that is exempt from disclosure under | ||||||
9 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
10 | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | ||||||
11 | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | ||||||
12 | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||||||
13 | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||||||
14 | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||||||
15 | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | ||||||
16 | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised | ||||||
17 | 10-12-18.)
| ||||||
18 | Section 15. The Sexual Assault Survivors Emergency | ||||||
19 | Treatment Act is amended by changing Section 5 as follows:
| ||||||
20 | (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
| ||||||
21 | Sec. 5. Minimum requirements for medical forensic services | ||||||
22 | provided to sexual assault survivors by hospitals and approved | ||||||
23 | pediatric health care facilities.
| ||||||
24 | (a) Every hospital and approved pediatric health care |
| |||||||
| |||||||
1 | facility providing medical forensic services to
sexual assault | ||||||
2 | survivors under this Act
shall, as minimum requirements for | ||||||
3 | such services, provide, with the consent
of the sexual assault | ||||||
4 | survivor, and as ordered by the attending
physician, an | ||||||
5 | advanced practice registered nurse, or a physician assistant, | ||||||
6 | the services set forth in subsection (a-5).
| ||||||
7 | Beginning January 1, 2022, a qualified medical provider | ||||||
8 | must provide the services set forth in subsection (a-5). | ||||||
9 | (a-5) A treatment hospital, a treatment hospital with | ||||||
10 | approved pediatric transfer, or an approved pediatric health | ||||||
11 | care facility shall provide the following services in | ||||||
12 | accordance with subsection (a): | ||||||
13 | (1) Appropriate medical forensic services without | ||||||
14 | delay, in a private, age-appropriate or | ||||||
15 | developmentally-appropriate space, required to ensure the | ||||||
16 | health, safety, and welfare
of a sexual assault survivor | ||||||
17 | and which may be
used as evidence in a criminal proceeding | ||||||
18 | against a person accused of the
sexual assault, in a | ||||||
19 | proceeding under the Juvenile Court Act of 1987, or in an | ||||||
20 | investigation under the Abused and Neglected Child | ||||||
21 | Reporting Act. | ||||||
22 | Records of medical forensic services, including | ||||||
23 | results of examinations and tests, the Illinois State | ||||||
24 | Police Medical Forensic Documentation Forms, the Illinois | ||||||
25 | State Police Patient Discharge Materials, and the Illinois | ||||||
26 | State Police Patient Consent: Collect and Test Evidence or |
| |||||||
| |||||||
1 | Collect and Hold Evidence Form, shall be maintained by the | ||||||
2 | hospital or approved pediatric health care facility as part | ||||||
3 | of the patient's electronic medical record. | ||||||
4 | Records of medical forensic services of sexual assault | ||||||
5 | survivors under the age of 18 shall be retained by the | ||||||
6 | hospital for a period of 60 years after the sexual assault | ||||||
7 | survivor reaches the age of 18. Records of medical forensic | ||||||
8 | services of sexual assault survivors 18 years of age or | ||||||
9 | older shall be retained by the hospital for a period of 20 | ||||||
10 | years after the date the record was created. | ||||||
11 | Records of medical forensic services may only be | ||||||
12 | disseminated in accordance with Section 6.5 of this Act and | ||||||
13 | other State and federal law.
| ||||||
14 | (1.5) An offer to complete the Illinois Sexual Assault | ||||||
15 | Evidence Collection Kit for any sexual assault survivor who | ||||||
16 | presents within a minimum of the last 7 days of the assault | ||||||
17 | or who has disclosed past sexual assault by a specific | ||||||
18 | individual and was in the care of that individual within a | ||||||
19 | minimum of the last 7 days. | ||||||
20 | (A) Appropriate oral and written information | ||||||
21 | concerning evidence-based guidelines for the | ||||||
22 | appropriateness of evidence collection depending on | ||||||
23 | the sexual development of the sexual assault survivor, | ||||||
24 | the type of sexual assault, and the timing of the | ||||||
25 | sexual assault shall be provided to the sexual assault | ||||||
26 | survivor. Evidence collection is encouraged for |
| |||||||
| |||||||
1 | prepubescent sexual assault survivors who present to a | ||||||
2 | hospital or approved pediatric health care facility | ||||||
3 | with a complaint of sexual assault within a minimum of | ||||||
4 | 96 hours after the sexual assault. | ||||||
5 | Before January 1, 2022, the information required | ||||||
6 | under this subparagraph shall be provided in person by | ||||||
7 | the health care professional providing medical | ||||||
8 | forensic services directly to the sexual assault | ||||||
9 | survivor. | ||||||
10 | On and after January 1, 2022, the information | ||||||
11 | required under this subparagraph shall be provided in | ||||||
12 | person by the qualified medical provider providing | ||||||
13 | medical forensic services directly to the sexual | ||||||
14 | assault survivor. | ||||||
15 | The written information provided shall be the | ||||||
16 | information created in accordance with Section 10 of | ||||||
17 | this Act. | ||||||
18 | (B) Following the discussion regarding the | ||||||
19 | evidence-based guidelines for evidence collection in | ||||||
20 | accordance with subparagraph (A), evidence collection | ||||||
21 | must be completed at the sexual assault survivor's | ||||||
22 | request. A sexual assault nurse examiner conducting an | ||||||
23 | examination using the Illinois State Police Sexual | ||||||
24 | Assault Evidence Collection Kit may do so without the | ||||||
25 | presence or participation of a physician. | ||||||
26 | (2) Appropriate oral and written information |
| |||||||
| |||||||
1 | concerning the possibility
of infection, sexually | ||||||
2 | transmitted infection, including an evaluation of the | ||||||
3 | sexual assault survivor's risk of contracting human | ||||||
4 | immunodeficiency virus (HIV) from sexual assault, and | ||||||
5 | pregnancy
resulting from sexual assault.
| ||||||
6 | (3) Appropriate oral and written information | ||||||
7 | concerning accepted medical
procedures, laboratory tests, | ||||||
8 | medication, and possible contraindications of such | ||||||
9 | medication
available for the prevention or treatment of | ||||||
10 | infection or disease resulting
from sexual assault.
| ||||||
11 | (3.5) After after a medical evidentiary or physical | ||||||
12 | examination, access to a shower at no cost, unless | ||||||
13 | showering facilities are unavailable . ; | ||||||
14 | (4) An amount of medication, including HIV | ||||||
15 | prophylaxis, for treatment at the hospital or approved | ||||||
16 | pediatric health care facility and after discharge as is | ||||||
17 | deemed appropriate by the attending physician, an advanced | ||||||
18 | practice registered nurse, or a physician assistant in | ||||||
19 | accordance with the Centers for Disease Control and | ||||||
20 | Prevention guidelines and consistent with the hospital's | ||||||
21 | or approved pediatric health care facility's current | ||||||
22 | approved protocol for sexual assault survivors.
| ||||||
23 | (5) Photo documentation of the sexual assault | ||||||
24 | survivor's injuries, anatomy involved in the assault, or | ||||||
25 | other visible evidence on the sexual assault survivor's | ||||||
26 | body to supplement the medical forensic history and written |
| |||||||
| |||||||
1 | documentation of physical findings and evidence beginning | ||||||
2 | July 1, 2019. Photo documentation does not replace written | ||||||
3 | documentation of the injury.
| ||||||
4 | (6) Written and oral instructions indicating the need | ||||||
5 | for follow-up examinations and laboratory tests after the | ||||||
6 | sexual assault to determine the presence or absence of
| ||||||
7 | sexually transmitted infection.
| ||||||
8 | (7) Referral by hospital or approved pediatric health | ||||||
9 | care facility personnel for appropriate counseling.
| ||||||
10 | (8) Medical advocacy services provided by a rape crisis | ||||||
11 | counselor whose communications are protected under Section | ||||||
12 | 8-802.1 of the Code of Civil Procedure, if there is a | ||||||
13 | memorandum of understanding between the hospital or | ||||||
14 | approved pediatric health care facility and a rape crisis | ||||||
15 | center. With the consent of the sexual assault survivor, a | ||||||
16 | rape crisis counselor shall remain in the exam room during | ||||||
17 | the medical forensic examination.
| ||||||
18 | (9) Written information regarding services provided by | ||||||
19 | a Children's Advocacy Center and rape crisis center, if | ||||||
20 | applicable. | ||||||
21 | (10) A treatment hospital, a treatment hospital with | ||||||
22 | approved pediatric transfer, an out-of-state hospital as | ||||||
23 | defined in Section 5.4, or an approved pediatric health | ||||||
24 | care facility shall comply with the rules relating to the | ||||||
25 | collection and tracking of sexual assault evidence adopted | ||||||
26 | by the Department of State Police under Section 50 of the |
| |||||||
| |||||||
1 | Sexual Assault Evidence Submission Act. | ||||||
2 | (a-7) By January 1, 2022, every hospital with a treatment | ||||||
3 | plan approved by the Department shall employ or contract with a | ||||||
4 | qualified medical provider to initiate medical forensic | ||||||
5 | services to a sexual assault survivor within 90 minutes of the | ||||||
6 | patient presenting to the treatment hospital or treatment | ||||||
7 | hospital with approved pediatric transfer. The provision of | ||||||
8 | medical forensic services by a qualified medical provider shall | ||||||
9 | not delay the provision of life-saving medical care. | ||||||
10 | (b) Any person who is a sexual assault survivor who seeks | ||||||
11 | medical forensic services or follow-up healthcare
under this | ||||||
12 | Act shall be provided such services without the consent
of any | ||||||
13 | parent, guardian, custodian, surrogate, or agent. If a sexual | ||||||
14 | assault survivor is unable to consent to medical forensic | ||||||
15 | services, the services may be provided under the Consent by | ||||||
16 | Minors to Medical Procedures Act, the Health Care Surrogate | ||||||
17 | Act, or other applicable State and federal laws.
| ||||||
18 | (b-5) Every hospital or approved pediatric health care | ||||||
19 | facility providing medical forensic services to sexual assault | ||||||
20 | survivors shall issue a voucher to any sexual assault survivor | ||||||
21 | who is eligible to receive one in accordance with Section 5.2 | ||||||
22 | of this Act. The hospital shall make a copy of the voucher and | ||||||
23 | place it in the medical record of the sexual assault survivor. | ||||||
24 | The hospital shall provide a copy of the voucher to the sexual | ||||||
25 | assault survivor after discharge upon request. | ||||||
26 | (c) Nothing in this Section creates a physician-patient |
| |||||||
| |||||||
1 | relationship that extends beyond discharge from the hospital or | ||||||
2 | approved pediatric health care facility.
| ||||||
3 | (Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16; | ||||||
4 | 99-642, eff. 7-28-16; 100-513, eff. 1-1-18; 100-775, eff. | ||||||
5 | 1-1-19; 100-1087, eff. 1-1-19; revised 10-24-18.)
| ||||||
6 | Section 20. The Sexual Assault Evidence Submission Act is | ||||||
7 | amended by adding Section 50 as follows:
| ||||||
8 | (725 ILCS 202/50 new) | ||||||
9 | Sec. 50. Sexual assault evidence tracking system. | ||||||
10 | (a) On June 26, 2018 the Sexual Assault Evidence Tracking | ||||||
11 | and Reporting Commission issued its report as required under | ||||||
12 | Section 43. It is the intention of the General Assembly in | ||||||
13 | enacting the provisions of this amendatory Act of the 101st | ||||||
14 | General Assembly to implement the recommendations of the Sexual | ||||||
15 | Assault Evidence Tracking and Reporting Commission set forth in | ||||||
16 | that report in a manner that utilizes the current resources of | ||||||
17 | law enforcement agencies whenever possible and that is | ||||||
18 | adaptable to changing technologies and circumstances. | ||||||
19 | (a-1) Due to the complex nature of a statewide tracking | ||||||
20 | system for sexual assault evidence and
to ensure all | ||||||
21 | stakeholders are integrated, the Commission recommended the | ||||||
22 | purchase of an
electronic off-the-shelf tracking system. The | ||||||
23 | system must be able to communicate with all
stakeholders and | ||||||
24 | provide real-time information to a victim or his or her |
| |||||||
| |||||||
1 | designee on the status
of the evidence that was collected. The | ||||||
2 | sexual assault evidence tracking system must: | ||||||
3 | (1) be electronic and web-based; | ||||||
4 | (2) be administered by the Department of State Police; | ||||||
5 | (3) have help desk availability at all times; | ||||||
6 | (4) ensure the law enforcement agency contact | ||||||
7 | information is accessible to the
victim or his or her her | ||||||
8 | designee through the tracking system, so there is contact
| ||||||
9 | information for questions; | ||||||
10 | (5) have the option for external connectivity to | ||||||
11 | evidence management systems,
laboratory information | ||||||
12 | management systems, or other electronic data
systems | ||||||
13 | already in existence by any of the stakeholders to minimize | ||||||
14 | additional
burdens or tasks on stakeholders; | ||||||
15 | (6) allow for the victim to opt in for automatic | ||||||
16 | notifications when status updates are
entered in the | ||||||
17 | system, if the system allows; | ||||||
18 | (7) include at each step in the process, a brief | ||||||
19 | explanation of the general purpose of that
step and a | ||||||
20 | general indication of how long the step may take to | ||||||
21 | complete; | ||||||
22 | (8) contain minimum fields for tracking and reporting, | ||||||
23 | as follows: | ||||||
24 | (A) for sexual assault evidence kit vendor fields: | ||||||
25 | (i) each sexual evidence kit identification | ||||||
26 | number provided to each health care
facility; and |
| |||||||
| |||||||
1 | (ii) the date the sexual evidence kit was sent | ||||||
2 | to the health care
facility. | ||||||
3 | (B) for health care
facility fields: | ||||||
4 | (i) the date sexual assault evidence was | ||||||
5 | collected; and | ||||||
6 | (ii) the date notification was made to the law | ||||||
7 | enforcement agency that the sexual assault | ||||||
8 | evidence was collected. | ||||||
9 | (C) for law enforcement agency fields: | ||||||
10 | (i) the date the law enforcement agency took | ||||||
11 | possession of the sexual assault evidence from the | ||||||
12 | health care facility,
another law enforcement | ||||||
13 | agency, or victim if he or she did not go through a | ||||||
14 | health care facility; | ||||||
15 | (ii) the law enforcement agency complaint | ||||||
16 | number; | ||||||
17 | (iii) if the law enforcement agency that takes | ||||||
18 | possession of the sexual assault evidence from a | ||||||
19 | health care facility is not the law enforcement | ||||||
20 | agency
with jurisdiction in which the offense | ||||||
21 | occurred, the date when the law enforcement agency
| ||||||
22 | notified the law enforcement agency having | ||||||
23 | jurisdiction that the agency has sexual assault | ||||||
24 | evidence required under subsection (c) of Section | ||||||
25 | 20 of the Sexual Assault Incident Procedure Act; | ||||||
26 | (iv) an indication if the victim consented for |
| |||||||
| |||||||
1 | analysis of the sexual assault evidence; | ||||||
2 | (v) if the victim did not consent for analysis | ||||||
3 | of the sexual assault evidence, the date
on which | ||||||
4 | the law enforcement agency is no longer required to | ||||||
5 | store the sexual assault evidence; | ||||||
6 | (vi) a mechanism for the law enforcement | ||||||
7 | agency to document why the sexual assault evidence | ||||||
8 | was not
submitted to the laboratory for analysis, | ||||||
9 | if applicable; | ||||||
10 | (vii) the date the law enforcement agency | ||||||
11 | received the sexual assault evidence results back | ||||||
12 | from the laboratory; | ||||||
13 | (viii) the date statutory notifications were | ||||||
14 | made to the victim victim or documentation of why | ||||||
15 | notification
was not made; and | ||||||
16 | (ix) the date the law enforcement agency | ||||||
17 | turned over the case information to the State's
| ||||||
18 | Attorney office, if applicable. | ||||||
19 | (D) for forensic lab fields: | ||||||
20 | (i) the date the sexual assault evidence is | ||||||
21 | received from the law enforcement agency by the | ||||||
22 | forensic lab
for analysis; | ||||||
23 | (ii) the laboratory case number, visible to | ||||||
24 | the law enforcement agency and State's Attorney | ||||||
25 | office; and | ||||||
26 | (iii) the date the laboratory completes the |
| |||||||
| |||||||
1 | analysis of the sexual assault evidence. | ||||||
2 | (E) for State's Attorney office fields: | ||||||
3 | (i) the date the State's Attorney office | ||||||
4 | received the sexual assault evidence results from | ||||||
5 | the laboratory, if
applicable; and | ||||||
6 | (ii) the disposition or status of the case. | ||||||
7 | (a-2) The Commission also developed guidelines for secure | ||||||
8 | electronic access to a tracking
system for a victim, or his or | ||||||
9 | her designee to access information on the status of the | ||||||
10 | evidence
collected. The Commission recommended minimum | ||||||
11 | guidelines in order to
safeguard confidentiality of the | ||||||
12 | information contained within this statewide tracking
system. | ||||||
13 | These recommendations are that the sexual assault evidence | ||||||
14 | tracking system must: | ||||||
15 | (1) allow for secure access, controlled by an | ||||||
16 | administering body who can restrict user
access and allow | ||||||
17 | different permissions based on the need of that particular | ||||||
18 | user
and health care facility users may include | ||||||
19 | out-of-state border hospitals, if
authorized by the | ||||||
20 | Department of State Police to obtain this State's kits from | ||||||
21 | vendor; | ||||||
22 | (2) provide for users, other than victims, the ability | ||||||
23 | to provide for any individual who
is granted access to the | ||||||
24 | program their own unique user ID and password; | ||||||
25 | (3) provide for a mechanism for a victim to enter the | ||||||
26 | system and only access
his or her own information; |
| |||||||
| |||||||
1 | (4) enable a sexual assault evidence to be tracked and | ||||||
2 | identified through the unique sexual assault evidence kit | ||||||
3 | identification
number or barcode that the vendor applies to | ||||||
4 | each sexual assault evidence kit per the Department of | ||||||
5 | State Police's contract; | ||||||
6 | (5) have a mechanism to inventory unused kits provided | ||||||
7 | to a health care facility from the vendor; | ||||||
8 | (6) provide users the option to either scan the bar | ||||||
9 | code or manually enter the sexual assault evidence kit | ||||||
10 | number
into the tracking program; | ||||||
11 | (7) provide a mechanism to create a separate unique | ||||||
12 | identification number for cases in
which a sexual evidence | ||||||
13 | kit was not collected, but other evidence was collected; | ||||||
14 | (8) provide the ability to record date, time, and user | ||||||
15 | ID whenever any user accesses the
system; | ||||||
16 | (9) provide for real-time entry and update of data; | ||||||
17 | (10) contain report functions including: | ||||||
18 | (A) health care facility compliance with | ||||||
19 | applicable laws; | ||||||
20 | (B) law enforcement agency compliance with | ||||||
21 | applicable laws; | ||||||
22 | (C) law enforcement agency annual inventory of | ||||||
23 | cases to each State's Attorney office; and | ||||||
24 | (D) forensic lab compliance with applicable laws; | ||||||
25 | and | ||||||
26 | (11) provide automatic notifications to the law |
| |||||||
| |||||||
1 | enforcement agency when: | ||||||
2 | (A) a health care facility has collected sexual | ||||||
3 | assault evidence; | ||||||
4 | (B) unreleased sexual assault evidence that is | ||||||
5 | being stored by the law enforcement agency has met the | ||||||
6 | minimum
storage requirement by law; and | ||||||
7 | (C) timelines as required by law are not met for a | ||||||
8 | particular case, if not
otherwise documented. | ||||||
9 | (b) The Department shall by rule establish a sexual assault | ||||||
10 | evidence tracking system that conforms to the recommendations | ||||||
11 | made and guidelines proposed by the Sexual Assault Evidence | ||||||
12 | Tracking and Reporting Commission in its report dated June 26, | ||||||
13 | 2018. The Department shall design the criteria for the sexual | ||||||
14 | assault evidence tracking system so that, to the extent | ||||||
15 | reasonably possible, the system can use existing technologies | ||||||
16 | and products, including, but not limited to, currently | ||||||
17 | available tracking systems. The sexual assault evidence | ||||||
18 | tracking system shall be operational and shall begin tracking | ||||||
19 | and reporting sexual assault evidence no later than one year | ||||||
20 | after the effective date of this amendatory Act of the 101st | ||||||
21 | General Assembly. The Department may adopt additional rules as | ||||||
22 | it deems necessary to ensure that the sexual assault evidence | ||||||
23 | tracking system continues to be a useful tool for law | ||||||
24 | 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 rules | ||||||
18 | to implement the provisions of this Section under subsection | ||||||
19 | (ff) of Section 5-45 of the Illinois Administrative Procedure | ||||||
20 | 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 | Section 25. The Unified Code of Corrections is amended by | ||||||
25 | changing Section 5-9-1.4 as follows:
|
| |||||||
| |||||||
1 | (730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
| ||||||
2 | (Text of Section before amendment by P.A. 100-987 )
| ||||||
3 | Sec. 5-9-1.4. (a) "Crime laboratory" means any | ||||||
4 | not-for-profit
laboratory registered with the Drug Enforcement | ||||||
5 | Administration of the
United States Department of Justice, | ||||||
6 | substantially funded by a unit or
combination of units of local | ||||||
7 | government or the State of Illinois, which
regularly employs at | ||||||
8 | least one person engaged in the analysis
of controlled | ||||||
9 | substances, cannabis, methamphetamine, or steroids for | ||||||
10 | criminal justice
agencies in criminal matters and provides | ||||||
11 | testimony with respect to such
examinations.
| ||||||
12 | (b) When a person has been adjudged guilty of an offense in | ||||||
13 | violation of
the Cannabis Control Act, the Illinois Controlled | ||||||
14 | Substances Act, the Methamphetamine Control and Community | ||||||
15 | Protection Act, or the
Steroid Control Act, in addition to any | ||||||
16 | other disposition, penalty or fine
imposed, a criminal | ||||||
17 | laboratory analysis fee of $100 for each
offense for
which he | ||||||
18 | was convicted shall be levied by the court. Any person placed | ||||||
19 | on
probation pursuant to Section 10 of the Cannabis Control | ||||||
20 | Act, Section 410
of the Illinois Controlled Substances Act, | ||||||
21 | Section 70 of the Methamphetamine Control and Community | ||||||
22 | Protection Act, or Section 10 of the Steroid
Control Act or | ||||||
23 | placed on supervision for a violation of the Cannabis
Control | ||||||
24 | Act, the Illinois Controlled Substances Act or the Steroid | ||||||
25 | Control
Act shall be assessed a criminal laboratory analysis |
| |||||||
| |||||||
1 | fee of $100
for each
offense for which he was charged.
Upon | ||||||
2 | verified petition of the person, the court may suspend payment | ||||||
3 | of
all or part of the fee if it finds that the person does not | ||||||
4 | have the ability
to pay the fee.
| ||||||
5 | (c) In addition to any other disposition made pursuant to | ||||||
6 | the provisions
of the Juvenile Court Act of 1987, any minor | ||||||
7 | adjudicated delinquent for an
offense
which if committed by an | ||||||
8 | adult would constitute a violation of the Cannabis
Control Act, | ||||||
9 | the Illinois Controlled Substances Act, the Methamphetamine | ||||||
10 | Control and Community Protection Act, or the Steroid Control
| ||||||
11 | Act shall be assessed a criminal laboratory analysis fee of | ||||||
12 | $100
for each
adjudication.
Upon verified petition of the | ||||||
13 | minor, the court may suspend payment of
all or part of the fee | ||||||
14 | if it finds that the minor does not have the ability
to pay the | ||||||
15 | fee.
The parent, guardian or legal custodian of the minor may | ||||||
16 | pay
some or all of such fee on the minor's behalf.
| ||||||
17 | (d) All criminal laboratory analysis fees provided for by | ||||||
18 | this Section shall
be collected by the clerk of the court and | ||||||
19 | forwarded to the appropriate
crime laboratory fund as provided | ||||||
20 | in subsection (f).
| ||||||
21 | (e) Crime laboratory funds shall be established as follows:
| ||||||
22 | (1) Any unit of local government which maintains a | ||||||
23 | crime laboratory may
establish a crime laboratory fund | ||||||
24 | within the office of the county or municipal treasurer.
| ||||||
25 | (2) Any combination of units of local government which | ||||||
26 | maintains a crime
laboratory may establish a crime |
| |||||||
| |||||||
1 | laboratory fund within the office of the
treasurer of the | ||||||
2 | county where the crime laboratory is situated.
| ||||||
3 | (3) The State Crime Laboratory Fund is hereby
created | ||||||
4 | as a special fund in the State Treasury.
| ||||||
5 | (f) The analysis fee provided for in subsections (b) and | ||||||
6 | (c) of this
Section shall be forwarded to the office of the | ||||||
7 | treasurer of the unit of
local government that performed the | ||||||
8 | analysis if that unit of local
government has established a | ||||||
9 | crime laboratory fund, or to the State Crime
Laboratory Fund if | ||||||
10 | the analysis was performed by a laboratory operated by
the | ||||||
11 | Illinois State Police. If the analysis was performed by a crime
| ||||||
12 | laboratory funded by a combination of units of local | ||||||
13 | government, the
analysis fee shall be forwarded to the | ||||||
14 | treasurer of the
county where the crime laboratory is situated | ||||||
15 | if a crime laboratory fund
has been established in that county. | ||||||
16 | If the unit of local government or
combination of units of | ||||||
17 | local government has not established a crime
laboratory fund, | ||||||
18 | then the analysis fee shall be forwarded to the State
Crime | ||||||
19 | Laboratory Fund. The clerk of the circuit
court may retain the | ||||||
20 | amount of $10 from each collected analysis fee
to
offset | ||||||
21 | administrative costs incurred in carrying out the clerk's
| ||||||
22 | responsibilities under this Section.
| ||||||
23 | (g) Fees deposited into a crime laboratory fund created | ||||||
24 | pursuant to
paragraphs (1) or (2) of subsection (e) of this | ||||||
25 | Section shall be in
addition to any allocations made pursuant | ||||||
26 | to existing law and shall be
designated for the exclusive use |
| |||||||
| |||||||
1 | of the crime laboratory. These uses may
include, but are not | ||||||
2 | limited to, the following:
| ||||||
3 | (1) costs incurred in providing analysis for | ||||||
4 | controlled substances in
connection with criminal | ||||||
5 | investigations conducted within this State;
| ||||||
6 | (2) purchase and maintenance of equipment for use in | ||||||
7 | performing analyses; and
| ||||||
8 | (3) continuing education, training and professional | ||||||
9 | development of
forensic
scientists regularly employed by | ||||||
10 | these laboratories.
| ||||||
11 | (h) Fees deposited in the State Crime Laboratory Fund | ||||||
12 | created pursuant
to paragraph (3) of subsection (d) of this | ||||||
13 | Section shall be used by State
crime laboratories as designated | ||||||
14 | by the Director of State Police. These
funds shall be in | ||||||
15 | addition to any allocations made pursuant to existing law
and | ||||||
16 | shall be designated for the exclusive use of State crime | ||||||
17 | laboratories or for the sexual assault evidence tracking system | ||||||
18 | created under Section 50 of the Sexual Assault Evidence | ||||||
19 | Submission Act .
These uses may include those enumerated in | ||||||
20 | subsection (g) of this Section.
| ||||||
21 | (Source: P.A. 94-556, eff. 9-11-05.)
| ||||||
22 | (Text of Section after amendment by P.A. 100-987 )
| ||||||
23 | Sec. 5-9-1.4. (a) "Crime laboratory" means any | ||||||
24 | not-for-profit
laboratory registered with the Drug Enforcement | ||||||
25 | Administration of the
United States Department of Justice, |
| |||||||
| |||||||
1 | substantially funded by a unit or
combination of units of local | ||||||
2 | government or the State of Illinois, which
regularly employs at | ||||||
3 | least one person engaged in the analysis
of controlled | ||||||
4 | substances, cannabis, methamphetamine, or steroids for | ||||||
5 | criminal justice
agencies in criminal matters and provides | ||||||
6 | testimony with respect to such
examinations.
| ||||||
7 | (b) (Blank).
| ||||||
8 | (c) In addition to any other disposition made pursuant to | ||||||
9 | the provisions
of the Juvenile Court Act of 1987, any minor | ||||||
10 | adjudicated delinquent for an
offense
which if committed by an | ||||||
11 | adult would constitute a violation of the Cannabis
Control Act, | ||||||
12 | the Illinois Controlled Substances Act, the Methamphetamine | ||||||
13 | Control and Community Protection Act, or the Steroid Control
| ||||||
14 | Act shall be required to pay a criminal laboratory analysis | ||||||
15 | assessment of $100
for each
adjudication.
Upon verified | ||||||
16 | petition of the minor, the court may suspend payment of
all or | ||||||
17 | part of the assessment if it finds that the minor does not have | ||||||
18 | the ability
to pay the assessment.
The parent, guardian or | ||||||
19 | legal custodian of the minor may pay
some or all of such | ||||||
20 | assessment on the minor's behalf.
| ||||||
21 | (d) All criminal laboratory analysis fees provided for by | ||||||
22 | this Section shall
be collected by the clerk of the court and | ||||||
23 | forwarded to the appropriate
crime laboratory fund as provided | ||||||
24 | in subsection (f).
| ||||||
25 | (e) Crime laboratory funds shall be established as follows:
| ||||||
26 | (1) Any unit of local government which maintains a |
| |||||||
| |||||||
1 | crime laboratory may
establish a crime laboratory fund | ||||||
2 | within the office of the county or municipal treasurer.
| ||||||
3 | (2) Any combination of units of local government which | ||||||
4 | maintains a crime
laboratory may establish a crime | ||||||
5 | laboratory fund within the office of the
treasurer of the | ||||||
6 | county where the crime laboratory is situated.
| ||||||
7 | (3) The State Crime Laboratory Fund is hereby
created | ||||||
8 | as a special fund in the State Treasury.
| ||||||
9 | (f) The analysis assessment provided for in subsection (c) | ||||||
10 | of this
Section shall be forwarded to the office of the | ||||||
11 | treasurer of the unit of
local government that performed the | ||||||
12 | analysis if that unit of local
government has established a | ||||||
13 | crime laboratory fund, or to the State Crime
Laboratory Fund if | ||||||
14 | the analysis was performed by a laboratory operated by
the | ||||||
15 | Illinois State Police. If the analysis was performed by a crime
| ||||||
16 | laboratory funded by a combination of units of local | ||||||
17 | government, the
analysis assessment shall be forwarded to the | ||||||
18 | treasurer of the
county where the crime laboratory is situated | ||||||
19 | if a crime laboratory fund
has been established in that county. | ||||||
20 | If the unit of local government or
combination of units of | ||||||
21 | local government has not established a crime
laboratory fund, | ||||||
22 | then the analysis assessment shall be forwarded to the State
| ||||||
23 | Crime Laboratory Fund.
| ||||||
24 | (g) Moneys deposited into a crime laboratory fund created | ||||||
25 | pursuant to
paragraphs (1) or (2) of subsection (e) of this | ||||||
26 | Section shall be in
addition to any allocations made pursuant |
| |||||||
| |||||||
1 | to existing law and shall be
designated for the exclusive use | ||||||
2 | of the crime laboratory. These uses may
include, but are not | ||||||
3 | limited to, the following:
| ||||||
4 | (1) costs incurred in providing analysis for | ||||||
5 | controlled substances in
connection with criminal | ||||||
6 | investigations conducted within this State;
| ||||||
7 | (2) purchase and maintenance of equipment for use in | ||||||
8 | performing analyses; and
| ||||||
9 | (3) continuing education, training and professional | ||||||
10 | development of
forensic
scientists regularly employed by | ||||||
11 | these laboratories.
| ||||||
12 | (h) Moneys deposited in the State Crime Laboratory Fund | ||||||
13 | created pursuant
to paragraph (3) of subsection (d) of this | ||||||
14 | Section shall be used by State
crime laboratories as designated | ||||||
15 | by the Director of State Police. These
funds shall be in | ||||||
16 | addition to any allocations made pursuant to existing law
and | ||||||
17 | shall be designated for the exclusive use of State crime | ||||||
18 | laboratories or for the sexual assault evidence tracking system | ||||||
19 | created under Section 50 of the Sexual Assault Evidence | ||||||
20 | Submission Act .
These uses may include those enumerated in | ||||||
21 | subsection (g) of this Section.
| ||||||
22 | (Source: P.A. 100-987, eff. 7-1-19.)
| ||||||
23 | Section 90. The State Mandates Act is amended by adding | ||||||
24 | Section 8.43 as follows:
|
| |||||||
| |||||||
1 | (30 ILCS 805/8.43 new) | ||||||
2 | Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
3 | of this Act, no reimbursement by the State is required for the | ||||||
4 | implementation of any mandate created by this amendatory Act of | ||||||
5 | the 101st General Assembly.
| ||||||
6 | Section 95. No acceleration or delay. Where this Act makes | ||||||
7 | changes in a statute that is represented in this Act by text | ||||||
8 | that is not yet or no longer in effect (for example, a Section | ||||||
9 | represented by multiple versions), the use of that text does | ||||||
10 | not accelerate or delay the taking effect of (i) the changes | ||||||
11 | made by this Act or (ii) provisions derived from any other | ||||||
12 | Public Act.
| ||||||
13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
|