Bill Text: IL HB1440 | 2019-2020 | 101st General Assembly | Engrossed
Bill Title: Reinserts the provisions of the introduced bill. Adds requirements and recommendations of the report created by the Sexual Assault Evidence Tracking and Reporting Commission issued on June 26, 2018 for implementation of the sexual assault evidence tracking system. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-05-07 - Added as Alternate Chief Co-Sponsor Sen. Kimberly A. Lightford [HB1440 Detail]
Download: Illinois-2019-HB1440-Engrossed.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Administrative Procedure Act is | ||||||
5 | amended by changing Section 5-45 as follows:
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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 | ||||||
17 | shall include the text of the
emergency rule and shall be | ||||||
18 | published in the Illinois Register. Consent
orders or other | ||||||
19 | court orders adopting settlements negotiated by an agency
may | ||||||
20 | be adopted under this Section. Subject to applicable | ||||||
21 | constitutional or
statutory provisions, an emergency rule | ||||||
22 | becomes effective immediately upon
filing under Section 5-65 or | ||||||
23 | at a stated date less than 10 days
thereafter. The agency's |
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1 | finding and a statement of the specific reasons
for the finding | ||||||
2 | shall be filed with the rule. The agency shall take
reasonable | ||||||
3 | and appropriate measures to make emergency rules known to the
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4 | persons who may be affected by them. | ||||||
5 | (c) An emergency rule may be effective for a period of not | ||||||
6 | longer than
150 days, but the agency's authority to adopt an | ||||||
7 | identical rule under Section
5-40 is not precluded. No | ||||||
8 | emergency rule may be adopted more
than once in any 24-month | ||||||
9 | period, except that this limitation on the number
of emergency | ||||||
10 | rules that may be adopted in a 24-month period does not apply
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11 | to (i) emergency rules that make additions to and deletions | ||||||
12 | from the Drug
Manual under Section 5-5.16 of the Illinois | ||||||
13 | Public Aid Code or the
generic drug formulary under Section | ||||||
14 | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||||||
15 | emergency rules adopted by the Pollution Control
Board before | ||||||
16 | July 1, 1997 to implement portions of the Livestock Management
| ||||||
17 | Facilities Act, (iii) emergency rules adopted by the Illinois | ||||||
18 | Department of Public Health under subsections (a) through (i) | ||||||
19 | of Section 2 of the Department of Public Health Act when | ||||||
20 | necessary to protect the public's health, (iv) emergency rules | ||||||
21 | adopted pursuant to subsection (n) of this Section, (v) | ||||||
22 | emergency rules adopted pursuant to subsection (o) of this | ||||||
23 | Section, or (vi) emergency rules adopted pursuant to subsection | ||||||
24 | (c-5) of this Section. Two or more emergency rules having | ||||||
25 | substantially the same
purpose and effect shall be deemed to be | ||||||
26 | a single rule for purposes of this
Section. |
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1 | (c-5) To facilitate the maintenance of the program of group | ||||||
2 | health benefits provided to annuitants, survivors, and retired | ||||||
3 | employees under the State Employees Group Insurance Act of | ||||||
4 | 1971, rules to alter the contributions to be paid by the State, | ||||||
5 | annuitants, survivors, retired employees, or any combination | ||||||
6 | of those entities, for that program of group health benefits, | ||||||
7 | shall be adopted as emergency rules. The adoption of those | ||||||
8 | rules shall be considered an emergency and necessary for the | ||||||
9 | public interest, safety, and welfare. | ||||||
10 | (d) In order to provide for the expeditious and timely | ||||||
11 | implementation
of the State's fiscal year 1999 budget, | ||||||
12 | emergency rules to implement any
provision of Public Act 90-587 | ||||||
13 | or 90-588
or any other budget initiative for fiscal year 1999 | ||||||
14 | may be adopted in
accordance with this Section by the agency | ||||||
15 | charged with administering that
provision or initiative, | ||||||
16 | except that the 24-month limitation on the adoption
of | ||||||
17 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
18 | do not apply
to rules adopted under this subsection (d). The | ||||||
19 | adoption of emergency rules
authorized by this subsection (d) | ||||||
20 | shall be deemed to be necessary for the
public interest, | ||||||
21 | safety, and welfare. | ||||||
22 | (e) In order to provide for the expeditious and timely | ||||||
23 | implementation
of the State's fiscal year 2000 budget, | ||||||
24 | emergency rules to implement any
provision of Public Act 91-24
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25 | or any other budget initiative for fiscal year 2000 may be | ||||||
26 | adopted in
accordance with this Section by the agency charged |
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1 | with administering that
provision or initiative, except that | ||||||
2 | the 24-month limitation on the adoption
of emergency rules and | ||||||
3 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
4 | rules adopted under this subsection (e). The adoption of | ||||||
5 | emergency rules
authorized by this subsection (e) shall be | ||||||
6 | deemed to be necessary for the
public interest, safety, and | ||||||
7 | welfare. | ||||||
8 | (f) In order to provide for the expeditious and timely | ||||||
9 | implementation
of the State's fiscal year 2001 budget, | ||||||
10 | emergency rules to implement any
provision of Public Act 91-712
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11 | or any other budget initiative for fiscal year 2001 may be | ||||||
12 | adopted in
accordance with this Section by the agency charged | ||||||
13 | with administering that
provision or initiative, except that | ||||||
14 | the 24-month limitation on the adoption
of emergency rules and | ||||||
15 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
16 | rules adopted under this subsection (f). The adoption of | ||||||
17 | emergency rules
authorized by this subsection (f) shall be | ||||||
18 | deemed to be necessary for the
public interest, safety, and | ||||||
19 | welfare. | ||||||
20 | (g) In order to provide for the expeditious and timely | ||||||
21 | implementation
of the State's fiscal year 2002 budget, | ||||||
22 | emergency rules to implement any
provision of Public Act 92-10
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23 | or any other budget initiative for fiscal year 2002 may be | ||||||
24 | adopted in
accordance with this Section by the agency charged | ||||||
25 | with administering that
provision or initiative, except that | ||||||
26 | the 24-month limitation on the adoption
of emergency rules and |
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1 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
2 | rules adopted under this subsection (g). The adoption of | ||||||
3 | emergency rules
authorized by this subsection (g) shall be | ||||||
4 | deemed to be necessary for the
public interest, safety, and | ||||||
5 | welfare. | ||||||
6 | (h) In order to provide for the expeditious and timely | ||||||
7 | implementation
of the State's fiscal year 2003 budget, | ||||||
8 | emergency rules to implement any
provision of Public Act 92-597
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9 | or any other budget initiative for fiscal year 2003 may be | ||||||
10 | adopted in
accordance with this Section by the agency charged | ||||||
11 | with administering that
provision or initiative, except that | ||||||
12 | the 24-month limitation on the adoption
of emergency rules and | ||||||
13 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
14 | rules adopted under this subsection (h). The adoption of | ||||||
15 | emergency rules
authorized by this subsection (h) shall be | ||||||
16 | deemed to be necessary for the
public interest, safety, and | ||||||
17 | welfare. | ||||||
18 | (i) In order to provide for the expeditious and timely | ||||||
19 | implementation
of the State's fiscal year 2004 budget, | ||||||
20 | emergency rules to implement any
provision of Public Act 93-20
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21 | or any other budget initiative for fiscal year 2004 may be | ||||||
22 | adopted in
accordance with this Section by the agency charged | ||||||
23 | with administering that
provision or initiative, except that | ||||||
24 | the 24-month limitation on the adoption
of emergency rules and | ||||||
25 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
26 | rules adopted under this subsection (i). The adoption of |
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1 | emergency rules
authorized by this subsection (i) shall be | ||||||
2 | deemed to be necessary for the
public interest, safety, and | ||||||
3 | welfare. | ||||||
4 | (j) In order to provide for the expeditious and timely | ||||||
5 | implementation of the provisions of the State's fiscal year | ||||||
6 | 2005 budget as provided under the Fiscal Year 2005 Budget | ||||||
7 | Implementation (Human Services) Act, emergency rules to | ||||||
8 | implement any provision of the Fiscal Year 2005 Budget | ||||||
9 | Implementation (Human Services) Act may be adopted in | ||||||
10 | accordance with this Section by the agency charged with | ||||||
11 | administering that provision, except that the 24-month | ||||||
12 | limitation on the adoption of emergency rules and the | ||||||
13 | provisions of Sections 5-115 and 5-125 do not apply to rules | ||||||
14 | adopted under this subsection (j). The Department of Public Aid | ||||||
15 | may also adopt rules under this subsection (j) necessary to | ||||||
16 | administer the Illinois Public Aid Code and the Children's | ||||||
17 | Health Insurance Program Act. The adoption of emergency rules | ||||||
18 | authorized by this subsection (j) shall be deemed to be | ||||||
19 | necessary for the public interest, safety, and welfare.
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20 | (k) In order to provide for the expeditious and timely | ||||||
21 | implementation of the provisions of the State's fiscal year | ||||||
22 | 2006 budget, emergency rules to implement any provision of | ||||||
23 | Public Act 94-48 or any other budget initiative for fiscal year | ||||||
24 | 2006 may be adopted in accordance with this Section by the | ||||||
25 | agency charged with administering that provision or | ||||||
26 | initiative, except that the 24-month limitation on the adoption |
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1 | of emergency rules and the provisions of Sections 5-115 and | ||||||
2 | 5-125 do not apply to rules adopted under this subsection (k). | ||||||
3 | The Department of Healthcare and Family Services may also adopt | ||||||
4 | rules under this subsection (k) necessary to administer the | ||||||
5 | Illinois Public Aid Code, the Senior Citizens and Persons with | ||||||
6 | Disabilities Property Tax Relief Act, the Senior Citizens and | ||||||
7 | Disabled Persons Prescription Drug Discount Program Act (now | ||||||
8 | the Illinois Prescription Drug Discount Program Act), and the | ||||||
9 | Children's Health Insurance Program Act. The adoption of | ||||||
10 | emergency rules authorized by this subsection (k) shall be | ||||||
11 | deemed to be necessary for the public interest, safety, and | ||||||
12 | welfare.
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13 | (l) In order to provide for the expeditious and timely | ||||||
14 | implementation of the provisions of the
State's fiscal year | ||||||
15 | 2007 budget, the Department of Healthcare and Family Services | ||||||
16 | may adopt emergency rules during fiscal year 2007, including | ||||||
17 | rules effective July 1, 2007, in
accordance with this | ||||||
18 | subsection to the extent necessary to administer the | ||||||
19 | Department's responsibilities with respect to amendments to | ||||||
20 | the State plans and Illinois waivers approved by the federal | ||||||
21 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
22 | requirements of Title XIX and Title XXI of the federal Social | ||||||
23 | Security Act. The adoption of emergency rules
authorized by | ||||||
24 | this subsection (l) shall be deemed to be necessary for the | ||||||
25 | public interest,
safety, and welfare.
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26 | (m) In order to provide for the expeditious and timely |
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1 | implementation of the provisions of the
State's fiscal year | ||||||
2 | 2008 budget, the Department of Healthcare and Family Services | ||||||
3 | may adopt emergency rules during fiscal year 2008, including | ||||||
4 | rules effective July 1, 2008, in
accordance with this | ||||||
5 | subsection to the extent necessary to administer the | ||||||
6 | Department's responsibilities with respect to amendments to | ||||||
7 | the State plans and Illinois waivers approved by the federal | ||||||
8 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
9 | requirements of Title XIX and Title XXI of the federal Social | ||||||
10 | Security Act. The adoption of emergency rules
authorized by | ||||||
11 | this subsection (m) shall be deemed to be necessary for the | ||||||
12 | public interest,
safety, and welfare.
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13 | (n) In order to provide for the expeditious and timely | ||||||
14 | implementation of the provisions of the State's fiscal year | ||||||
15 | 2010 budget, emergency rules to implement any provision of | ||||||
16 | Public Act 96-45 or any other budget initiative authorized by | ||||||
17 | the 96th General Assembly for fiscal year 2010 may be adopted | ||||||
18 | in accordance with this Section by the agency charged with | ||||||
19 | administering that provision or initiative. The adoption of | ||||||
20 | emergency rules authorized by this subsection (n) shall be | ||||||
21 | deemed to be necessary for the public interest, safety, and | ||||||
22 | welfare. The rulemaking authority granted in this subsection | ||||||
23 | (n) shall apply only to rules promulgated during Fiscal Year | ||||||
24 | 2010. | ||||||
25 | (o) In order to provide for the expeditious and timely | ||||||
26 | implementation of the provisions of the State's fiscal year |
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1 | 2011 budget, emergency rules to implement any provision of | ||||||
2 | Public Act 96-958 or any other budget initiative authorized by | ||||||
3 | the 96th General Assembly for fiscal year 2011 may be adopted | ||||||
4 | in accordance with this Section by the agency charged with | ||||||
5 | administering that provision or initiative. The adoption of | ||||||
6 | emergency rules authorized by this subsection (o) is deemed to | ||||||
7 | be necessary for the public interest, safety, and welfare. The | ||||||
8 | rulemaking authority granted in this subsection (o) applies | ||||||
9 | only to rules promulgated on or after July 1, 2010 (the | ||||||
10 | effective date of Public Act 96-958) through June 30, 2011. | ||||||
11 | (p) In order to provide for the expeditious and timely | ||||||
12 | implementation of the provisions of Public Act 97-689, | ||||||
13 | emergency rules to implement any provision of Public Act 97-689 | ||||||
14 | may be adopted in accordance with this subsection (p) by the | ||||||
15 | agency charged with administering that provision or | ||||||
16 | initiative. The 150-day limitation of the effective period of | ||||||
17 | emergency rules does not apply to rules adopted under this | ||||||
18 | subsection (p), and the effective period may continue through | ||||||
19 | June 30, 2013. The 24-month limitation on the adoption of | ||||||
20 | emergency rules does not apply to rules adopted under this | ||||||
21 | subsection (p). The adoption of emergency rules authorized by | ||||||
22 | this subsection (p) is deemed to be necessary for the public | ||||||
23 | interest, safety, and welfare. | ||||||
24 | (q) In order to provide for the expeditious and timely | ||||||
25 | implementation of the provisions of Articles 7, 8, 9, 11, and | ||||||
26 | 12 of Public Act 98-104, emergency rules to implement any |
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1 | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | ||||||
2 | may be adopted in accordance with this subsection (q) by the | ||||||
3 | agency charged with administering that provision or | ||||||
4 | initiative. The 24-month limitation on the adoption of | ||||||
5 | emergency rules does not apply to rules adopted under this | ||||||
6 | subsection (q). The adoption of emergency rules authorized by | ||||||
7 | this subsection (q) is deemed to be necessary for the public | ||||||
8 | interest, safety, and welfare. | ||||||
9 | (r) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of Public Act 98-651, | ||||||
11 | emergency rules to implement Public Act 98-651 may be adopted | ||||||
12 | in accordance with this subsection (r) by the Department of | ||||||
13 | Healthcare and Family Services. The 24-month limitation on the | ||||||
14 | adoption of emergency rules does not apply to rules adopted | ||||||
15 | under this subsection (r). The adoption of emergency rules | ||||||
16 | authorized by this subsection (r) is deemed to be necessary for | ||||||
17 | the public interest, safety, and welfare. | ||||||
18 | (s) In order to provide for the expeditious and timely | ||||||
19 | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | ||||||
20 | the Illinois Public Aid Code, emergency rules to implement any | ||||||
21 | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | ||||||
22 | Public Aid Code may be adopted in accordance with this | ||||||
23 | subsection (s) by the Department of Healthcare and Family | ||||||
24 | Services. The rulemaking authority granted in this subsection | ||||||
25 | (s) shall apply only to those rules adopted prior to July 1, | ||||||
26 | 2015. Notwithstanding any other provision of this Section, any |
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1 | emergency rule adopted under this subsection (s) shall only | ||||||
2 | apply to payments made for State fiscal year 2015. The adoption | ||||||
3 | of emergency rules authorized by this subsection (s) is deemed | ||||||
4 | to be necessary for the public interest, safety, and welfare. | ||||||
5 | (t) In order to provide for the expeditious and timely | ||||||
6 | implementation of the provisions of Article II of Public Act | ||||||
7 | 99-6, emergency rules to implement the changes made by Article | ||||||
8 | II of Public Act 99-6 to the Emergency Telephone System Act may | ||||||
9 | be adopted in accordance with this subsection (t) by the | ||||||
10 | Department of State Police. The rulemaking authority granted in | ||||||
11 | this subsection (t) shall apply only to those rules adopted | ||||||
12 | prior to July 1, 2016. The 24-month limitation on the adoption | ||||||
13 | of emergency rules does not apply to rules adopted under this | ||||||
14 | subsection (t). The adoption of emergency rules authorized by | ||||||
15 | this subsection (t) is deemed to be necessary for the public | ||||||
16 | interest, safety, and welfare. | ||||||
17 | (u) In order to provide for the expeditious and timely | ||||||
18 | implementation of the provisions of the Burn Victims Relief | ||||||
19 | Act, emergency rules to implement any provision of the Act may | ||||||
20 | be adopted in accordance with this subsection (u) by the | ||||||
21 | Department of Insurance. The rulemaking authority granted in | ||||||
22 | this subsection (u) shall apply only to those rules adopted | ||||||
23 | prior to December 31, 2015. The adoption of emergency rules | ||||||
24 | authorized by this subsection (u) is deemed to be necessary for | ||||||
25 | the public interest, safety, and welfare. | ||||||
26 | (v) In order to provide for the expeditious and timely |
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1 | implementation of the provisions of Public Act 99-516, | ||||||
2 | emergency rules to implement Public Act 99-516 may be adopted | ||||||
3 | in accordance with this subsection (v) by the Department of | ||||||
4 | Healthcare and Family Services. The 24-month limitation on the | ||||||
5 | adoption of emergency rules does not apply to rules adopted | ||||||
6 | under this subsection (v). The adoption of emergency rules | ||||||
7 | authorized by this subsection (v) is deemed to be necessary for | ||||||
8 | the public interest, safety, and welfare. | ||||||
9 | (w) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of Public Act 99-796, | ||||||
11 | emergency rules to implement the changes made by Public Act | ||||||
12 | 99-796 may be adopted in accordance with this subsection (w) by | ||||||
13 | the Adjutant General. The adoption of emergency rules | ||||||
14 | authorized by this subsection (w) is deemed to be necessary for | ||||||
15 | the public interest, safety, and welfare. | ||||||
16 | (x) In order to provide for the expeditious and timely | ||||||
17 | implementation of the provisions of Public Act 99-906, | ||||||
18 | emergency rules to implement subsection (i) of Section 16-115D, | ||||||
19 | subsection (g) of Section 16-128A, and subsection (a) of | ||||||
20 | Section 16-128B of the Public Utilities Act may be adopted in | ||||||
21 | accordance with this subsection (x) by the Illinois Commerce | ||||||
22 | Commission. The rulemaking authority granted in this | ||||||
23 | subsection (x) shall apply only to those rules adopted within | ||||||
24 | 180 days after June 1, 2017 (the effective date of Public Act | ||||||
25 | 99-906). The adoption of emergency rules authorized by this | ||||||
26 | subsection (x) is deemed to be necessary for the public |
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1 | interest, safety, and welfare. | ||||||
2 | (y) In order to provide for the expeditious and timely | ||||||
3 | implementation of the provisions of Public Act 100-23, | ||||||
4 | emergency rules to implement the changes made by Public Act | ||||||
5 | 100-23 to Section 4.02 of the Illinois Act on the Aging, | ||||||
6 | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | ||||||
7 | Section 55-30 of the Alcoholism and Other Drug Abuse and | ||||||
8 | Dependency Act, and Sections 74 and 75 of the Mental Health and | ||||||
9 | Developmental Disabilities Administrative Act may be adopted | ||||||
10 | in accordance with this subsection (y) by the respective | ||||||
11 | Department. The adoption of emergency rules authorized by this | ||||||
12 | subsection (y) is deemed to be necessary for the public | ||||||
13 | interest, safety, and welfare. | ||||||
14 | (z) In order to provide for the expeditious and timely | ||||||
15 | implementation of the provisions of Public Act 100-554, | ||||||
16 | emergency rules to implement the changes made by Public Act | ||||||
17 | 100-554 to Section 4.7 of the Lobbyist Registration Act may be | ||||||
18 | adopted in accordance with this subsection (z) by the Secretary | ||||||
19 | of State. The adoption of emergency rules authorized by this | ||||||
20 | subsection (z) is deemed to be necessary for the public | ||||||
21 | interest, safety, and welfare. | ||||||
22 | (aa) In order to provide for the expeditious and timely | ||||||
23 | initial implementation of the changes made to Articles 5, 5A, | ||||||
24 | 12, and 14 of the Illinois Public Aid Code under the provisions | ||||||
25 | of Public Act 100-581, the Department of Healthcare and Family | ||||||
26 | Services may adopt emergency rules in accordance with this |
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1 | subsection (aa). The 24-month limitation on the adoption of | ||||||
2 | emergency rules does not apply to rules to initially implement | ||||||
3 | the changes made to Articles 5, 5A, 12, and 14 of the Illinois | ||||||
4 | Public Aid Code adopted under this subsection (aa). The | ||||||
5 | adoption of emergency rules authorized by this subsection (aa) | ||||||
6 | is deemed to be necessary for the public interest, safety, and | ||||||
7 | welfare. | ||||||
8 | (bb) In order to provide for the expeditious and timely | ||||||
9 | implementation of the provisions of Public Act 100-587, | ||||||
10 | emergency rules to implement the changes made by Public Act | ||||||
11 | 100-587 to Section 4.02 of the Illinois Act on the Aging, | ||||||
12 | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | ||||||
13 | subsection (b) of Section 55-30 of the Alcoholism and Other | ||||||
14 | Drug Abuse and Dependency Act, Section 5-104 of the Specialized | ||||||
15 | Mental Health Rehabilitation Act of 2013, and Section 75 and | ||||||
16 | subsection (b) of Section 74 of the Mental Health and | ||||||
17 | Developmental Disabilities Administrative Act may be adopted | ||||||
18 | in accordance with this subsection (bb) by the respective | ||||||
19 | Department. The adoption of emergency rules authorized by this | ||||||
20 | subsection (bb) is deemed to be necessary for the public | ||||||
21 | interest, safety, and welfare. | ||||||
22 | (cc) In order to provide for the expeditious and timely | ||||||
23 | implementation of the provisions of Public Act 100-587, | ||||||
24 | emergency rules may be adopted in accordance with this | ||||||
25 | subsection (cc) to implement the changes made by Public Act | ||||||
26 | 100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois |
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1 | Pension Code by the Board created under Article 14 of the Code; | ||||||
2 | Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by | ||||||
3 | the Board created under Article 15 of the Code; and Sections | ||||||
4 | 16-190.5 and 16-190.6 of the Illinois Pension Code by the Board | ||||||
5 | created under Article 16 of the Code. The adoption of emergency | ||||||
6 | rules authorized by this subsection (cc) is deemed to be | ||||||
7 | necessary for the public interest, safety, and welfare. | ||||||
8 | (dd) In order to provide for the expeditious and timely | ||||||
9 | implementation of the provisions of Public Act 100-864, | ||||||
10 | emergency rules to implement the changes made by Public Act | ||||||
11 | 100-864 to Section 3.35 of the Newborn Metabolic Screening Act | ||||||
12 | may be adopted in accordance with this subsection (dd) by the | ||||||
13 | Secretary of State. The adoption of emergency rules authorized | ||||||
14 | by this subsection (dd) is deemed to be necessary for the | ||||||
15 | public interest, safety, and welfare. | ||||||
16 | (ee) In order to provide for the expeditious and timely | ||||||
17 | implementation of the provisions of this amendatory Act of the | ||||||
18 | 100th General Assembly, emergency rules implementing the | ||||||
19 | Illinois Underground Natural Gas Storage Safety Act may be | ||||||
20 | adopted in accordance with this subsection by the Department of | ||||||
21 | Natural Resources. The adoption of emergency rules authorized | ||||||
22 | by this subsection is deemed to be necessary for the public | ||||||
23 | interest, safety, and welfare. | ||||||
24 | (ff) In order to provide for the expeditious and timely | ||||||
25 | implementation of the provisions of this amendatory Act of the | ||||||
26 | 101st General Assembly, emergency rules may be adopted by the |
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| |||||||
1 | Department of Labor in accordance with this subsection (ff) to | ||||||
2 | implement the changes made by this amendatory Act of the 101st | ||||||
3 | General Assembly to the Minimum Wage Law. The adoption of | ||||||
4 | emergency rules authorized by this subsection (ff) is deemed to | ||||||
5 | be necessary for the public interest, safety, and welfare. | ||||||
6 | (gg) In order to provide for the expeditious and timely
| ||||||
7 | implementation of the provisions of Section 50 of the Sexual
| ||||||
8 | Assault Evidence Submission Act, emergency rules to implement
| ||||||
9 | Section 50 of the Sexual Assault Evidence Submission Act may be
| ||||||
10 | adopted in accordance with this subsection (gg) by the
| ||||||
11 | Department of State Police. The adoption of emergency rules
| ||||||
12 | authorized by this subsection (gg) is deemed to be necessary
| ||||||
13 | for the public interest, safety, and welfare. | ||||||
14 | (Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; | ||||||
15 | 100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff. | ||||||
16 | 6-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18; | ||||||
17 | 100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 101-1, eff. | ||||||
18 | 2-19-19.)
| ||||||
19 | Section 10. The Freedom of Information Act is amended by | ||||||
20 | changing Section 7.5 as follows:
| ||||||
21 | (5 ILCS 140/7.5) | ||||||
22 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
23 | by the statutes referenced below, the following shall be exempt | ||||||
24 | from inspection and copying: |
| |||||||
| |||||||
1 | (a) All information determined to be confidential | ||||||
2 | under Section 4002 of the Technology Advancement and | ||||||
3 | Development Act. | ||||||
4 | (b) Library circulation and order records identifying | ||||||
5 | library users with specific materials under the Library | ||||||
6 | Records Confidentiality Act. | ||||||
7 | (c) Applications, related documents, and medical | ||||||
8 | records received by the Experimental Organ Transplantation | ||||||
9 | Procedures Board and any and all documents or other records | ||||||
10 | prepared by the Experimental Organ Transplantation | ||||||
11 | Procedures Board or its staff relating to applications it | ||||||
12 | has received. | ||||||
13 | (d) Information and records held by the Department of | ||||||
14 | Public Health and its authorized representatives relating | ||||||
15 | to known or suspected cases of sexually transmissible | ||||||
16 | disease or any information the disclosure of which is | ||||||
17 | restricted under the Illinois Sexually Transmissible | ||||||
18 | Disease Control Act. | ||||||
19 | (e) Information the disclosure of which is exempted | ||||||
20 | under Section 30 of the Radon Industry Licensing Act. | ||||||
21 | (f) Firm performance evaluations under Section 55 of | ||||||
22 | the Architectural, Engineering, and Land Surveying | ||||||
23 | Qualifications Based Selection Act. | ||||||
24 | (g) Information the disclosure of which is restricted | ||||||
25 | and exempted under Section 50 of the Illinois Prepaid | ||||||
26 | Tuition Act. |
| |||||||
| |||||||
1 | (h) Information the disclosure of which is exempted | ||||||
2 | under the State Officials and Employees Ethics Act, and | ||||||
3 | records of any lawfully created State or local inspector | ||||||
4 | general's office that would be exempt if created or | ||||||
5 | obtained by an Executive Inspector General's office under | ||||||
6 | that Act. | ||||||
7 | (i) Information contained in a local emergency energy | ||||||
8 | plan submitted to a municipality in accordance with a local | ||||||
9 | emergency energy plan ordinance that is adopted under | ||||||
10 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
11 | (j) Information and data concerning the distribution | ||||||
12 | of surcharge moneys collected and remitted by carriers | ||||||
13 | under the Emergency Telephone System Act. | ||||||
14 | (k) Law enforcement officer identification information | ||||||
15 | or driver identification information compiled by a law | ||||||
16 | enforcement agency or the Department of Transportation | ||||||
17 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
18 | (l) Records and information provided to a residential | ||||||
19 | health care facility resident sexual assault and death | ||||||
20 | review team or the Executive Council under the Abuse | ||||||
21 | Prevention Review Team Act. | ||||||
22 | (m) Information provided to the predatory lending | ||||||
23 | database created pursuant to Article 3 of the Residential | ||||||
24 | Real Property Disclosure Act, except to the extent | ||||||
25 | authorized under that Article. | ||||||
26 | (n) Defense budgets and petitions for certification of |
| |||||||
| |||||||
1 | compensation and expenses for court appointed trial | ||||||
2 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
3 | Crimes Litigation Act. This subsection (n) shall apply | ||||||
4 | until the conclusion of the trial of the case, even if the | ||||||
5 | prosecution chooses not to pursue the death penalty prior | ||||||
6 | to trial or sentencing. | ||||||
7 | (o) Information that is prohibited from being | ||||||
8 | disclosed under Section 4 of the Illinois Health and | ||||||
9 | Hazardous Substances Registry Act. | ||||||
10 | (p) Security portions of system safety program plans, | ||||||
11 | investigation reports, surveys, schedules, lists, data, or | ||||||
12 | information compiled, collected, or prepared by or for the | ||||||
13 | Regional Transportation Authority under Section 2.11 of | ||||||
14 | the Regional Transportation Authority Act or the St. Clair | ||||||
15 | County Transit District under the Bi-State Transit Safety | ||||||
16 | Act. | ||||||
17 | (q) Information prohibited from being disclosed by the | ||||||
18 | Personnel Record Records Review Act. | ||||||
19 | (r) Information prohibited from being disclosed by the | ||||||
20 | Illinois School Student Records Act. | ||||||
21 | (s) Information the disclosure of which is restricted | ||||||
22 | under Section 5-108 of the Public Utilities Act.
| ||||||
23 | (t) All identified or deidentified health information | ||||||
24 | in the form of health data or medical records contained in, | ||||||
25 | stored in, submitted to, transferred by, or released from | ||||||
26 | the Illinois Health Information Exchange, and identified |
| |||||||
| |||||||
1 | or deidentified health information in the form of health | ||||||
2 | data and medical records of the Illinois Health Information | ||||||
3 | Exchange in the possession of the Illinois Health | ||||||
4 | Information Exchange Authority due to its administration | ||||||
5 | of the Illinois Health Information Exchange. The terms | ||||||
6 | "identified" and "deidentified" shall be given the same | ||||||
7 | meaning as in the Health Insurance Portability and | ||||||
8 | Accountability Act of 1996, Public Law 104-191, or any | ||||||
9 | subsequent amendments thereto, and any regulations | ||||||
10 | promulgated thereunder. | ||||||
11 | (u) Records and information provided to an independent | ||||||
12 | team of experts under the Developmental Disability and | ||||||
13 | Mental Health Safety Act (also known as Brian's Law ) . | ||||||
14 | (v) Names and information of people who have applied | ||||||
15 | for or received Firearm Owner's Identification Cards under | ||||||
16 | the Firearm Owners Identification Card Act or applied for | ||||||
17 | or received a concealed carry license under the Firearm | ||||||
18 | Concealed Carry Act, unless otherwise authorized by the | ||||||
19 | Firearm Concealed Carry Act; and databases under the | ||||||
20 | Firearm Concealed Carry Act, records of the Concealed Carry | ||||||
21 | Licensing Review Board under the Firearm Concealed Carry | ||||||
22 | Act, and law enforcement agency objections under the | ||||||
23 | Firearm Concealed Carry Act. | ||||||
24 | (w) Personally identifiable information which is | ||||||
25 | exempted from disclosure under subsection (g) of Section | ||||||
26 | 19.1 of the Toll Highway Act. |
| |||||||
| |||||||
1 | (x) Information which is exempted from disclosure | ||||||
2 | under Section 5-1014.3 of the Counties Code or Section | ||||||
3 | 8-11-21 of the Illinois Municipal Code. | ||||||
4 | (y) Confidential information under the Adult | ||||||
5 | Protective Services Act and its predecessor enabling | ||||||
6 | statute, the Elder Abuse and Neglect Act, including | ||||||
7 | information about the identity and administrative finding | ||||||
8 | against any caregiver of a verified and substantiated | ||||||
9 | decision of abuse, neglect, or financial exploitation of an | ||||||
10 | eligible adult maintained in the Registry established | ||||||
11 | under Section 7.5 of the Adult Protective Services Act. | ||||||
12 | (z) Records and information provided to a fatality | ||||||
13 | review team or the Illinois Fatality Review Team Advisory | ||||||
14 | Council under Section 15 of the Adult Protective Services | ||||||
15 | Act. | ||||||
16 | (aa) Information which is exempted from disclosure | ||||||
17 | under Section 2.37 of the Wildlife Code. | ||||||
18 | (bb) Information which is or was prohibited from | ||||||
19 | disclosure by the Juvenile Court Act of 1987. | ||||||
20 | (cc) Recordings made under the Law Enforcement | ||||||
21 | Officer-Worn Body Camera Act, except to the extent | ||||||
22 | authorized under that Act. | ||||||
23 | (dd) Information that is prohibited from being | ||||||
24 | disclosed under Section 45 of the Condominium and Common | ||||||
25 | Interest Community Ombudsperson Act. | ||||||
26 | (ee) Information that is exempted from disclosure |
| |||||||
| |||||||
1 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
2 | (ff) Information that is exempted from disclosure | ||||||
3 | under the Revised Uniform Unclaimed Property Act. | ||||||
4 | (gg) Information that is prohibited from being | ||||||
5 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
6 | Code. | ||||||
7 | (hh) Records that are exempt from disclosure under | ||||||
8 | Section 1A-16.7 of the Election Code. | ||||||
9 | (ii) Information which is exempted from disclosure | ||||||
10 | under Section 2505-800 of the Department of Revenue Law of | ||||||
11 | the Civil Administrative Code of Illinois. | ||||||
12 | (jj) Information and reports that are required to be | ||||||
13 | submitted to the Department of Labor by registering day and | ||||||
14 | temporary labor service agencies but are exempt from | ||||||
15 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
16 | and Temporary Labor Services Act. | ||||||
17 | (kk) Information prohibited from disclosure under the | ||||||
18 | Seizure and Forfeiture Reporting Act. | ||||||
19 | (ll) Information the disclosure of which is restricted | ||||||
20 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
21 | Aid Code. | ||||||
22 | (mm) (ll) Records that are exempt from disclosure under | ||||||
23 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
24 | (nn) (ll) Information that is exempt from disclosure | ||||||
25 | under Section 70 of the Higher Education Student Assistance | ||||||
26 | Act. |
| |||||||
| |||||||
1 | (oo) Information that is exempt from disclosure under | ||||||
2 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
3 | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | ||||||
4 | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | ||||||
5 | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||||||
6 | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||||||
7 | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||||||
8 | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | ||||||
9 | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised | ||||||
10 | 10-12-18.)
| ||||||
11 | Section 15. The Sexual Assault Survivors Emergency | ||||||
12 | Treatment Act is amended by changing Section 5 as follows:
| ||||||
13 | (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
| ||||||
14 | Sec. 5. Minimum requirements for medical forensic services | ||||||
15 | provided to sexual assault survivors by hospitals and approved | ||||||
16 | pediatric health care facilities.
| ||||||
17 | (a) Every hospital and approved pediatric health care | ||||||
18 | facility providing medical forensic services to
sexual assault | ||||||
19 | survivors under this Act
shall, as minimum requirements for | ||||||
20 | such services, provide, with the consent
of the sexual assault | ||||||
21 | survivor, and as ordered by the attending
physician, an | ||||||
22 | advanced practice registered nurse, or a physician assistant, | ||||||
23 | the services set forth in subsection (a-5).
| ||||||
24 | Beginning January 1, 2022, a qualified medical provider |
| |||||||
| |||||||
1 | must provide the services set forth in subsection (a-5). | ||||||
2 | (a-5) A treatment hospital, a treatment hospital with | ||||||
3 | approved pediatric transfer, or an approved pediatric health | ||||||
4 | care facility shall provide the following services in | ||||||
5 | accordance with subsection (a): | ||||||
6 | (1) Appropriate medical forensic services without | ||||||
7 | delay, in a private, age-appropriate or | ||||||
8 | developmentally-appropriate space, required to ensure the | ||||||
9 | health, safety, and welfare
of a sexual assault survivor | ||||||
10 | and which may be
used as evidence in a criminal proceeding | ||||||
11 | against a person accused of the
sexual assault, in a | ||||||
12 | proceeding under the Juvenile Court Act of 1987, or in an | ||||||
13 | investigation under the Abused and Neglected Child | ||||||
14 | Reporting Act. | ||||||
15 | Records of medical forensic services, including | ||||||
16 | results of examinations and tests, the Illinois State | ||||||
17 | Police Medical Forensic Documentation Forms, the Illinois | ||||||
18 | State Police Patient Discharge Materials, and the Illinois | ||||||
19 | State Police Patient Consent: Collect and Test Evidence or | ||||||
20 | Collect and Hold Evidence Form, shall be maintained by the | ||||||
21 | hospital or approved pediatric health care facility as part | ||||||
22 | of the patient's electronic medical record. | ||||||
23 | Records of medical forensic services of sexual assault | ||||||
24 | survivors under the age of 18 shall be retained by the | ||||||
25 | hospital for a period of 60 years after the sexual assault | ||||||
26 | survivor reaches the age of 18. Records of medical forensic |
| |||||||
| |||||||
1 | services of sexual assault survivors 18 years of age or | ||||||
2 | older shall be retained by the hospital for a period of 20 | ||||||
3 | years after the date the record was created. | ||||||
4 | Records of medical forensic services may only be | ||||||
5 | disseminated in accordance with Section 6.5 of this Act and | ||||||
6 | other State and federal law.
| ||||||
7 | (1.5) An offer to complete the Illinois Sexual Assault | ||||||
8 | Evidence Collection Kit for any sexual assault survivor who | ||||||
9 | presents within a minimum of the last 7 days of the assault | ||||||
10 | or who has disclosed past sexual assault by a specific | ||||||
11 | individual and was in the care of that individual within a | ||||||
12 | minimum of the last 7 days. | ||||||
13 | (A) Appropriate oral and written information | ||||||
14 | concerning evidence-based guidelines for the | ||||||
15 | appropriateness of evidence collection depending on | ||||||
16 | the sexual development of the sexual assault survivor, | ||||||
17 | the type of sexual assault, and the timing of the | ||||||
18 | sexual assault shall be provided to the sexual assault | ||||||
19 | survivor. Evidence collection is encouraged for | ||||||
20 | prepubescent sexual assault survivors who present to a | ||||||
21 | hospital or approved pediatric health care facility | ||||||
22 | with a complaint of sexual assault within a minimum of | ||||||
23 | 96 hours after the sexual assault. | ||||||
24 | Before January 1, 2022, the information required | ||||||
25 | under this subparagraph shall be provided in person by | ||||||
26 | the health care professional providing medical |
| |||||||
| |||||||
1 | forensic services directly to the sexual assault | ||||||
2 | survivor. | ||||||
3 | On and after January 1, 2022, the information | ||||||
4 | required under this subparagraph shall be provided in | ||||||
5 | person by the qualified medical provider providing | ||||||
6 | medical forensic services directly to the sexual | ||||||
7 | assault survivor. | ||||||
8 | The written information provided shall be the | ||||||
9 | information created in accordance with Section 10 of | ||||||
10 | this Act. | ||||||
11 | (B) Following the discussion regarding the | ||||||
12 | evidence-based guidelines for evidence collection in | ||||||
13 | accordance with subparagraph (A), evidence collection | ||||||
14 | must be completed at the sexual assault survivor's | ||||||
15 | request. A sexual assault nurse examiner conducting an | ||||||
16 | examination using the Illinois State Police Sexual | ||||||
17 | Assault Evidence Collection Kit may do so without the | ||||||
18 | presence or participation of a physician. | ||||||
19 | (2) Appropriate oral and written information | ||||||
20 | concerning the possibility
of infection, sexually | ||||||
21 | transmitted infection, including an evaluation of the | ||||||
22 | sexual assault survivor's risk of contracting human | ||||||
23 | immunodeficiency virus (HIV) from sexual assault, and | ||||||
24 | pregnancy
resulting from sexual assault.
| ||||||
25 | (3) Appropriate oral and written information | ||||||
26 | concerning accepted medical
procedures, laboratory tests, |
| |||||||
| |||||||
1 | medication, and possible contraindications of such | ||||||
2 | medication
available for the prevention or treatment of | ||||||
3 | infection or disease resulting
from sexual assault.
| ||||||
4 | (3.5) After after a medical evidentiary or physical | ||||||
5 | examination, access to a shower at no cost, unless | ||||||
6 | showering facilities are unavailable . ; | ||||||
7 | (4) An amount of medication, including HIV | ||||||
8 | prophylaxis, for treatment at the hospital or approved | ||||||
9 | pediatric health care facility and after discharge as is | ||||||
10 | deemed appropriate by the attending physician, an advanced | ||||||
11 | practice registered nurse, or a physician assistant in | ||||||
12 | accordance with the Centers for Disease Control and | ||||||
13 | Prevention guidelines and consistent with the hospital's | ||||||
14 | or approved pediatric health care facility's current | ||||||
15 | approved protocol for sexual assault survivors.
| ||||||
16 | (5) Photo documentation of the sexual assault | ||||||
17 | survivor's injuries, anatomy involved in the assault, or | ||||||
18 | other visible evidence on the sexual assault survivor's | ||||||
19 | body to supplement the medical forensic history and written | ||||||
20 | documentation of physical findings and evidence beginning | ||||||
21 | July 1, 2019. Photo documentation does not replace written | ||||||
22 | documentation of the injury.
| ||||||
23 | (6) Written and oral instructions indicating the need | ||||||
24 | for follow-up examinations and laboratory tests after the | ||||||
25 | sexual assault to determine the presence or absence of
| ||||||
26 | sexually transmitted infection.
|
| |||||||
| |||||||
1 | (7) Referral by hospital or approved pediatric health | ||||||
2 | care facility personnel for appropriate counseling.
| ||||||
3 | (8) Medical advocacy services provided by a rape crisis | ||||||
4 | counselor whose communications are protected under Section | ||||||
5 | 8-802.1 of the Code of Civil Procedure, if there is a | ||||||
6 | memorandum of understanding between the hospital or | ||||||
7 | approved pediatric health care facility and a rape crisis | ||||||
8 | center. With the consent of the sexual assault survivor, a | ||||||
9 | rape crisis counselor shall remain in the exam room during | ||||||
10 | the medical forensic examination.
| ||||||
11 | (9) Written information regarding services provided by | ||||||
12 | a Children's Advocacy Center and rape crisis center, if | ||||||
13 | applicable. | ||||||
14 | (10) A treatment hospital, a treatment hospital with | ||||||
15 | approved pediatric transfer, an out-of-state hospital as | ||||||
16 | defined in Section 5.4, or an approved pediatric health | ||||||
17 | care facility shall comply with the rules relating to the | ||||||
18 | collection and tracking of sexual assault evidence adopted | ||||||
19 | by the Department of State Police under Section 50 of the | ||||||
20 | Sexual Assault Evidence Submission Act. | ||||||
21 | (a-7) By January 1, 2022, every hospital with a treatment | ||||||
22 | plan approved by the Department shall employ or contract with a | ||||||
23 | qualified medical provider to initiate medical forensic | ||||||
24 | services to a sexual assault survivor within 90 minutes of the | ||||||
25 | patient presenting to the treatment hospital or treatment | ||||||
26 | hospital with approved pediatric transfer. The provision of |
| |||||||
| |||||||
1 | medical forensic services by a qualified medical provider shall | ||||||
2 | not delay the provision of life-saving medical care. | ||||||
3 | (b) Any person who is a sexual assault survivor who seeks | ||||||
4 | medical forensic services or follow-up healthcare
under this | ||||||
5 | Act shall be provided such services without the consent
of any | ||||||
6 | parent, guardian, custodian, surrogate, or agent. If a sexual | ||||||
7 | assault survivor is unable to consent to medical forensic | ||||||
8 | services, the services may be provided under the Consent by | ||||||
9 | Minors to Medical Procedures Act, the Health Care Surrogate | ||||||
10 | Act, or other applicable State and federal laws.
| ||||||
11 | (b-5) Every hospital or approved pediatric health care | ||||||
12 | facility providing medical forensic services to sexual assault | ||||||
13 | survivors shall issue a voucher to any sexual assault survivor | ||||||
14 | who is eligible to receive one in accordance with Section 5.2 | ||||||
15 | of this Act. The hospital shall make a copy of the voucher and | ||||||
16 | place it in the medical record of the sexual assault survivor. | ||||||
17 | The hospital shall provide a copy of the voucher to the sexual | ||||||
18 | assault survivor after discharge upon request. | ||||||
19 | (c) Nothing in this Section creates a physician-patient | ||||||
20 | relationship that extends beyond discharge from the hospital or | ||||||
21 | approved pediatric health care facility.
| ||||||
22 | (Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16; | ||||||
23 | 99-642, eff. 7-28-16; 100-513, eff. 1-1-18; 100-775, eff. | ||||||
24 | 1-1-19; 100-1087, eff. 1-1-19; revised 10-24-18.)
| ||||||
25 | Section 20. The Sexual Assault Evidence Submission Act is |
| |||||||
| |||||||
1 | amended by adding Section 50 as follows:
| ||||||
2 | (725 ILCS 202/50 new) | ||||||
3 | Sec. 50. Sexual assault evidence tracking system. | ||||||
4 | (a) On June 26, 2018 the Sexual Assault Evidence Tracking | ||||||
5 | and Reporting Commission issued its report as required under | ||||||
6 | Section 43. It is the intention of the General Assembly in | ||||||
7 | enacting the provisions of this amendatory Act of the 101st | ||||||
8 | General Assembly to implement the recommendations of the Sexual | ||||||
9 | Assault Evidence Tracking and Reporting Commission set forth in | ||||||
10 | that report in a manner that utilizes the current resources of | ||||||
11 | law enforcement agencies whenever possible and that is | ||||||
12 | adaptable to changing technologies and circumstances. | ||||||
13 | (a-1) Due to the complex nature of a statewide tracking | ||||||
14 | system for sexual assault evidence and
to ensure all | ||||||
15 | stakeholders, including, but not limited to, victims and their | ||||||
16 | designees, health care facilities, law enforcement agencies, | ||||||
17 | forensic labs, and State's Attorneys offices are integrated, | ||||||
18 | the Commission recommended the purchase of an
electronic | ||||||
19 | off-the-shelf tracking system. The system must be able to | ||||||
20 | communicate with all
stakeholders and provide real-time | ||||||
21 | information to a victim or his or her designee on the status
of | ||||||
22 | the evidence that was collected. The sexual assault evidence | ||||||
23 | tracking system must: | ||||||
24 | (1) be electronic and web-based; | ||||||
25 | (2) be administered by the Department of State Police; |
| |||||||
| |||||||
1 | (3) have help desk availability at all times; | ||||||
2 | (4) ensure the law enforcement agency contact | ||||||
3 | information is accessible to the
victim or his or her her | ||||||
4 | designee through the tracking system, so there is contact
| ||||||
5 | information for questions; | ||||||
6 | (5) have the option for external connectivity to | ||||||
7 | evidence management systems,
laboratory information | ||||||
8 | management systems, or other electronic data
systems | ||||||
9 | already in existence by any of the stakeholders to minimize | ||||||
10 | additional
burdens or tasks on stakeholders; | ||||||
11 | (6) allow for the victim to opt in for automatic | ||||||
12 | notifications when status updates are
entered in the | ||||||
13 | system, if the system allows; | ||||||
14 | (7) include at each step in the process, a brief | ||||||
15 | explanation of the general purpose of that
step and a | ||||||
16 | general indication of how long the step may take to | ||||||
17 | complete; | ||||||
18 | (8) contain minimum fields for tracking and reporting, | ||||||
19 | as follows: | ||||||
20 | (A) for sexual assault evidence kit vendor fields: | ||||||
21 | (i) each sexual evidence kit identification | ||||||
22 | number provided to each health care
facility; and | ||||||
23 | (ii) the date the sexual evidence kit was sent | ||||||
24 | to the health care
facility. | ||||||
25 | (B) for health care
facility fields: | ||||||
26 | (i) the date sexual assault evidence was |
| |||||||
| |||||||
1 | collected; and | ||||||
2 | (ii) the date notification was made to the law | ||||||
3 | enforcement agency that the sexual assault | ||||||
4 | evidence was collected. | ||||||
5 | (C) for law enforcement agency fields: | ||||||
6 | (i) the date the law enforcement agency took | ||||||
7 | possession of the sexual assault evidence from the | ||||||
8 | health care facility,
another law enforcement | ||||||
9 | agency, or victim if he or she did not go through a | ||||||
10 | health care facility; | ||||||
11 | (ii) the law enforcement agency complaint | ||||||
12 | number; | ||||||
13 | (iii) if the law enforcement agency that takes | ||||||
14 | possession of the sexual assault evidence from a | ||||||
15 | health care facility is not the law enforcement | ||||||
16 | agency
with jurisdiction in which the offense | ||||||
17 | occurred, the date when the law enforcement agency
| ||||||
18 | notified the law enforcement agency having | ||||||
19 | jurisdiction that the agency has sexual assault | ||||||
20 | evidence required under subsection (c) of Section | ||||||
21 | 20 of the Sexual Assault Incident Procedure Act; | ||||||
22 | (iv) an indication if the victim consented for | ||||||
23 | analysis of the sexual assault evidence; | ||||||
24 | (v) if the victim did not consent for analysis | ||||||
25 | of the sexual assault evidence, the date
on which | ||||||
26 | the law enforcement agency is no longer required to |
| |||||||
| |||||||
1 | store the sexual assault evidence; | ||||||
2 | (vi) a mechanism for the law enforcement | ||||||
3 | agency to document why the sexual assault evidence | ||||||
4 | was not
submitted to the laboratory for analysis, | ||||||
5 | if applicable; | ||||||
6 | (vii) the date the law enforcement agency | ||||||
7 | received the sexual assault evidence results back | ||||||
8 | from the laboratory; | ||||||
9 | (viii) the date statutory notifications were | ||||||
10 | made to the victim victim or documentation of why | ||||||
11 | notification
was not made; and | ||||||
12 | (ix) the date the law enforcement agency | ||||||
13 | turned over the case information to the State's
| ||||||
14 | Attorney office, if applicable. | ||||||
15 | (D) for forensic lab fields: | ||||||
16 | (i) the date the sexual assault evidence is | ||||||
17 | received from the law enforcement agency by the | ||||||
18 | forensic lab
for analysis; | ||||||
19 | (ii) the laboratory case number, visible to | ||||||
20 | the law enforcement agency and State's Attorney | ||||||
21 | office; and | ||||||
22 | (iii) the date the laboratory completes the | ||||||
23 | analysis of the sexual assault evidence. | ||||||
24 | (E) for State's Attorney office fields: | ||||||
25 | (i) the date the State's Attorney office | ||||||
26 | received the sexual assault evidence results from |
| |||||||
| |||||||
1 | the laboratory, if
applicable; and | ||||||
2 | (ii) the disposition or status of the case. | ||||||
3 | (a-2) The Commission also developed guidelines for secure | ||||||
4 | electronic access to a tracking
system for a victim, or his or | ||||||
5 | her designee to access information on the status of the | ||||||
6 | evidence
collected. The Commission recommended minimum | ||||||
7 | guidelines in order to
safeguard confidentiality of the | ||||||
8 | information contained within this statewide tracking
system. | ||||||
9 | These recommendations are that the sexual assault evidence | ||||||
10 | tracking system must: | ||||||
11 | (1) allow for secure access, controlled by an | ||||||
12 | administering body who can restrict user
access and allow | ||||||
13 | different permissions based on the need of that particular | ||||||
14 | user
and health care facility users may include | ||||||
15 | out-of-state border hospitals, if
authorized by the | ||||||
16 | Department of State Police to obtain this State's kits from | ||||||
17 | vendor; | ||||||
18 | (2) provide for users, other than victims, the ability | ||||||
19 | to provide for any individual who
is granted access to the | ||||||
20 | program their own unique user ID and password; | ||||||
21 | (3) provide for a mechanism for a victim to enter the | ||||||
22 | system and only access
his or her own information; | ||||||
23 | (4) enable a sexual assault evidence to be tracked and | ||||||
24 | identified through the unique sexual assault evidence kit | ||||||
25 | identification
number or barcode that the vendor applies to | ||||||
26 | each sexual assault evidence kit per the Department of |
| |||||||
| |||||||
1 | State Police's contract; | ||||||
2 | (5) have a mechanism to inventory unused kits provided | ||||||
3 | to a health care facility from the vendor; | ||||||
4 | (6) provide users the option to either scan the bar | ||||||
5 | code or manually enter the sexual assault evidence kit | ||||||
6 | number
into the tracking program; | ||||||
7 | (7) provide a mechanism to create a separate unique | ||||||
8 | identification number for cases in
which a sexual evidence | ||||||
9 | kit was not collected, but other evidence was collected; | ||||||
10 | (8) provide the ability to record date, time, and user | ||||||
11 | ID whenever any user accesses the
system; | ||||||
12 | (9) provide for real-time entry and update of data; | ||||||
13 | (10) contain report functions including: | ||||||
14 | (A) health care facility compliance with | ||||||
15 | applicable laws; | ||||||
16 | (B) law enforcement agency compliance with | ||||||
17 | applicable laws; | ||||||
18 | (C) law enforcement agency annual inventory of | ||||||
19 | cases to each State's Attorney office; and | ||||||
20 | (D) forensic lab compliance with applicable laws; | ||||||
21 | and | ||||||
22 | (11) provide automatic notifications to the law | ||||||
23 | enforcement agency when: | ||||||
24 | (A) a health care facility has collected sexual | ||||||
25 | assault evidence; | ||||||
26 | (B) unreleased sexual assault evidence that is |
| |||||||
| |||||||
1 | being stored by the law enforcement agency has met the | ||||||
2 | minimum
storage requirement by law; and | ||||||
3 | (C) timelines as required by law are not met for a | ||||||
4 | particular case, if not
otherwise documented. | ||||||
5 | (b) The Department shall develop rules to implement a | ||||||
6 | sexual assault evidence tracking system that conforms with | ||||||
7 | subsections (a-1) and (a-2) of this Section. The Department | ||||||
8 | shall design the criteria for the sexual assault evidence | ||||||
9 | tracking system so that, to the extent reasonably possible, the | ||||||
10 | system can use existing technologies and products, including, | ||||||
11 | but not limited to, currently available tracking systems. The | ||||||
12 | sexual assault evidence tracking system shall be operational | ||||||
13 | and shall begin tracking and reporting sexual assault evidence | ||||||
14 | no later than one year after the effective date of this | ||||||
15 | amendatory Act of the 101st General Assembly. The Department | ||||||
16 | may adopt additional rules as it deems necessary to ensure that | ||||||
17 | the sexual assault evidence tracking system continues to be a | ||||||
18 | useful tool for law enforcement. | ||||||
19 | (c) A treatment hospital, a treatment hospital with | ||||||
20 | approved pediatric transfer, an out-of-state hospital approved | ||||||
21 | by the Department of Public Health to receive transfers of | ||||||
22 | Illinois sexual assault survivors, or an approved pediatric | ||||||
23 | health care facility defined in Section 1a of the Sexual | ||||||
24 | Assault Survivors Emergency Treatment Act shall participate in | ||||||
25 | the sexual assault evidence tracking system created under this | ||||||
26 | Section and in accordance with rules adopted under subsection |
| |||||||
| |||||||
1 | (b), including, but not limited to, the collection of sexual | ||||||
2 | assault evidence and providing information regarding that | ||||||
3 | evidence, including, but not limited to, providing notice to | ||||||
4 | law enforcement that the evidence has been collected. | ||||||
5 | (d) The operations of the sexual assault evidence tracking | ||||||
6 | system shall be funded by moneys appropriated for that purpose | ||||||
7 | from the State Crime Laboratory Fund and funds provided to the | ||||||
8 | Department through asset forfeiture, together with such other | ||||||
9 | funds as the General Assembly may appropriate. | ||||||
10 | (e) To ensure that the sexual assault evidence tracking | ||||||
11 | system is operational, the Department may adopt emergency rules | ||||||
12 | to implement the provisions of this Section under subsection | ||||||
13 | (ff) of Section 5-45 of the Illinois Administrative Procedure | ||||||
14 | Act. | ||||||
15 | (f) Information, including, but not limited to, evidence | ||||||
16 | and records in the sexual assault evidence tracking system is | ||||||
17 | exempt from disclosure under the Freedom of Information Act.
| ||||||
18 | Section 25. The Unified Code of Corrections is amended by | ||||||
19 | changing Section 5-9-1.4 as follows:
| ||||||
20 | (730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
| ||||||
21 | (Text of Section before amendment by P.A. 100-987 )
| ||||||
22 | Sec. 5-9-1.4. (a) "Crime laboratory" means any | ||||||
23 | not-for-profit
laboratory registered with the Drug Enforcement | ||||||
24 | 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) When a person has been adjudged guilty of an offense in | ||||||
8 | violation of
the Cannabis Control Act, the Illinois Controlled | ||||||
9 | Substances Act, the Methamphetamine Control and Community | ||||||
10 | Protection Act, or the
Steroid Control Act, in addition to any | ||||||
11 | other disposition, penalty or fine
imposed, a criminal | ||||||
12 | laboratory analysis fee of $100 for each
offense for
which he | ||||||
13 | was convicted shall be levied by the court. Any person placed | ||||||
14 | on
probation pursuant to Section 10 of the Cannabis Control | ||||||
15 | Act, Section 410
of the Illinois Controlled Substances Act, | ||||||
16 | Section 70 of the Methamphetamine Control and Community | ||||||
17 | Protection Act, or Section 10 of the Steroid
Control Act or | ||||||
18 | placed on supervision for a violation of the Cannabis
Control | ||||||
19 | Act, the Illinois Controlled Substances Act or the Steroid | ||||||
20 | Control
Act shall be assessed a criminal laboratory analysis | ||||||
21 | fee of $100
for each
offense for which he was charged.
Upon | ||||||
22 | verified petition of the person, the court may suspend payment | ||||||
23 | of
all or part of the fee if it finds that the person does not | ||||||
24 | have the ability
to pay the fee.
| ||||||
25 | (c) In addition to any other disposition made pursuant to | ||||||
26 | the provisions
of the Juvenile Court Act of 1987, any minor |
| |||||||
| |||||||
1 | adjudicated delinquent for an
offense
which if committed by an | ||||||
2 | adult would constitute a violation of the Cannabis
Control Act, | ||||||
3 | the Illinois Controlled Substances Act, the Methamphetamine | ||||||
4 | Control and Community Protection Act, or the Steroid Control
| ||||||
5 | Act shall be assessed a criminal laboratory analysis fee of | ||||||
6 | $100
for each
adjudication.
Upon verified petition of the | ||||||
7 | minor, the court may suspend payment of
all or part of the fee | ||||||
8 | if it finds that the minor does not have the ability
to pay the | ||||||
9 | fee.
The parent, guardian or legal custodian of the minor may | ||||||
10 | pay
some or all of such fee on the minor's behalf.
| ||||||
11 | (d) All criminal laboratory analysis fees provided for by | ||||||
12 | this Section shall
be collected by the clerk of the court and | ||||||
13 | forwarded to the appropriate
crime laboratory fund as provided | ||||||
14 | in subsection (f).
| ||||||
15 | (e) Crime laboratory funds shall be established as follows:
| ||||||
16 | (1) Any unit of local government which maintains a | ||||||
17 | crime laboratory may
establish a crime laboratory fund | ||||||
18 | within the office of the county or municipal treasurer.
| ||||||
19 | (2) Any combination of units of local government which | ||||||
20 | maintains a crime
laboratory may establish a crime | ||||||
21 | laboratory fund within the office of the
treasurer of the | ||||||
22 | county where the crime laboratory is situated.
| ||||||
23 | (3) The State Crime Laboratory Fund is hereby
created | ||||||
24 | as a special fund in the State Treasury.
| ||||||
25 | (f) The analysis fee provided for in subsections (b) and | ||||||
26 | (c) of this
Section shall be forwarded to the office of the |
| |||||||
| |||||||
1 | treasurer of the unit of
local government that performed the | ||||||
2 | analysis if that unit of local
government has established a | ||||||
3 | crime laboratory fund, or to the State Crime
Laboratory Fund if | ||||||
4 | the analysis was performed by a laboratory operated by
the | ||||||
5 | Illinois State Police. If the analysis was performed by a crime
| ||||||
6 | laboratory funded by a combination of units of local | ||||||
7 | government, the
analysis fee shall be forwarded to the | ||||||
8 | treasurer of the
county where the crime laboratory is situated | ||||||
9 | if a crime laboratory fund
has been established in that county. | ||||||
10 | If the unit of local government or
combination of units of | ||||||
11 | local government has not established a crime
laboratory fund, | ||||||
12 | then the analysis fee shall be forwarded to the State
Crime | ||||||
13 | Laboratory Fund. The clerk of the circuit
court may retain the | ||||||
14 | amount of $10 from each collected analysis fee
to
offset | ||||||
15 | administrative costs incurred in carrying out the clerk's
| ||||||
16 | responsibilities under this Section.
| ||||||
17 | (g) Fees deposited into a crime laboratory fund created | ||||||
18 | pursuant to
paragraphs (1) or (2) of subsection (e) of this | ||||||
19 | Section shall be in
addition to any allocations made pursuant | ||||||
20 | to existing law and shall be
designated for the exclusive use | ||||||
21 | of the crime laboratory. These uses may
include, but are not | ||||||
22 | limited to, the following:
| ||||||
23 | (1) costs incurred in providing analysis for | ||||||
24 | controlled substances in
connection with criminal | ||||||
25 | investigations conducted within this State;
| ||||||
26 | (2) purchase and maintenance of equipment for use in |
| |||||||
| |||||||
1 | performing analyses; and
| ||||||
2 | (3) continuing education, training and professional | ||||||
3 | development of
forensic
scientists regularly employed by | ||||||
4 | these laboratories.
| ||||||
5 | (h) Fees deposited in the State Crime Laboratory Fund | ||||||
6 | created pursuant
to paragraph (3) of subsection (d) of this | ||||||
7 | Section shall be used by State
crime laboratories as designated | ||||||
8 | by the Director of State Police. These
funds shall be in | ||||||
9 | addition to any allocations made pursuant to existing law
and | ||||||
10 | shall be designated for the exclusive use of State crime | ||||||
11 | laboratories or for the sexual assault evidence tracking system | ||||||
12 | created under Section 50 of the Sexual Assault Evidence | ||||||
13 | Submission Act .
These uses may include those enumerated in | ||||||
14 | subsection (g) of this Section.
| ||||||
15 | (Source: P.A. 94-556, eff. 9-11-05.)
| ||||||
16 | (Text of Section after amendment by P.A. 100-987 )
| ||||||
17 | Sec. 5-9-1.4. (a) "Crime laboratory" means any | ||||||
18 | not-for-profit
laboratory registered with the Drug Enforcement | ||||||
19 | Administration of the
United States Department of Justice, | ||||||
20 | substantially funded by a unit or
combination of units of local | ||||||
21 | government or the State of Illinois, which
regularly employs at | ||||||
22 | least one person engaged in the analysis
of controlled | ||||||
23 | substances, cannabis, methamphetamine, or steroids for | ||||||
24 | criminal justice
agencies in criminal matters and provides | ||||||
25 | testimony with respect to such
examinations.
|
| |||||||
| |||||||
1 | (b) (Blank).
| ||||||
2 | (c) In addition to any other disposition made pursuant to | ||||||
3 | the provisions
of the Juvenile Court Act of 1987, any minor | ||||||
4 | adjudicated delinquent for an
offense
which if committed by an | ||||||
5 | adult would constitute a violation of the Cannabis
Control Act, | ||||||
6 | the Illinois Controlled Substances Act, the Methamphetamine | ||||||
7 | Control and Community Protection Act, or the Steroid Control
| ||||||
8 | Act shall be required to pay a criminal laboratory analysis | ||||||
9 | assessment of $100
for each
adjudication.
Upon verified | ||||||
10 | petition of the minor, the court may suspend payment of
all or | ||||||
11 | part of the assessment if it finds that the minor does not have | ||||||
12 | the ability
to pay the assessment.
The parent, guardian or | ||||||
13 | legal custodian of the minor may pay
some or all of such | ||||||
14 | assessment on the minor's behalf.
| ||||||
15 | (d) All criminal laboratory analysis fees provided for by | ||||||
16 | this Section shall
be collected by the clerk of the court and | ||||||
17 | forwarded to the appropriate
crime laboratory fund as provided | ||||||
18 | in subsection (f).
| ||||||
19 | (e) Crime laboratory funds shall be established as follows:
| ||||||
20 | (1) Any unit of local government which maintains a | ||||||
21 | crime laboratory may
establish a crime laboratory fund | ||||||
22 | within the office of the county or municipal treasurer.
| ||||||
23 | (2) Any combination of units of local government which | ||||||
24 | maintains a crime
laboratory may establish a crime | ||||||
25 | laboratory fund within the office of the
treasurer of the | ||||||
26 | county where the crime laboratory is situated.
|
| |||||||
| |||||||
1 | (3) The State Crime Laboratory Fund is hereby
created | ||||||
2 | as a special fund in the State Treasury.
| ||||||
3 | (f) The analysis assessment provided for in subsection (c) | ||||||
4 | of this
Section shall be forwarded to the office of the | ||||||
5 | treasurer of the unit of
local government that performed the | ||||||
6 | analysis if that unit of local
government has established a | ||||||
7 | crime laboratory fund, or to the State Crime
Laboratory Fund if | ||||||
8 | the analysis was performed by a laboratory operated by
the | ||||||
9 | Illinois State Police. If the analysis was performed by a crime
| ||||||
10 | laboratory funded by a combination of units of local | ||||||
11 | government, the
analysis assessment shall be forwarded to the | ||||||
12 | treasurer of the
county where the crime laboratory is situated | ||||||
13 | if a crime laboratory fund
has been established in that county. | ||||||
14 | If the unit of local government or
combination of units of | ||||||
15 | local government has not established a crime
laboratory fund, | ||||||
16 | then the analysis assessment shall be forwarded to the State
| ||||||
17 | Crime Laboratory Fund.
| ||||||
18 | (g) Moneys deposited into a crime laboratory fund created | ||||||
19 | pursuant to
paragraphs (1) or (2) of subsection (e) of this | ||||||
20 | Section shall be in
addition to any allocations made pursuant | ||||||
21 | to existing law and shall be
designated for the exclusive use | ||||||
22 | of the crime laboratory. These uses may
include, but are not | ||||||
23 | limited to, the following:
| ||||||
24 | (1) costs incurred in providing analysis for | ||||||
25 | controlled substances in
connection with criminal | ||||||
26 | investigations conducted within this State;
|
| |||||||
| |||||||
1 | (2) purchase and maintenance of equipment for use in | ||||||
2 | performing analyses; and
| ||||||
3 | (3) continuing education, training and professional | ||||||
4 | development of
forensic
scientists regularly employed by | ||||||
5 | these laboratories.
| ||||||
6 | (h) Moneys deposited in the State Crime Laboratory Fund | ||||||
7 | created pursuant
to paragraph (3) of subsection (d) of this | ||||||
8 | Section shall be used by State
crime laboratories as designated | ||||||
9 | by the Director of State Police. These
funds shall be in | ||||||
10 | addition to any allocations made pursuant to existing law
and | ||||||
11 | shall be designated for the exclusive use of State crime | ||||||
12 | laboratories or for the sexual assault evidence tracking system | ||||||
13 | created under Section 50 of the Sexual Assault Evidence | ||||||
14 | Submission Act .
These uses may include those enumerated in | ||||||
15 | subsection (g) of this Section.
| ||||||
16 | (Source: P.A. 100-987, eff. 7-1-19.)
| ||||||
17 | Section 90. The State Mandates Act is amended by adding | ||||||
18 | Section 8.43 as follows:
| ||||||
19 | (30 ILCS 805/8.43 new) | ||||||
20 | Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
21 | of this Act, no reimbursement by the State is required for the | ||||||
22 | implementation of any mandate created by this amendatory Act of | ||||||
23 | the 101st General Assembly.
|
| |||||||
| |||||||
1 | Section 95. No acceleration or delay. Where this Act makes | ||||||
2 | changes in a statute that is represented in this Act by text | ||||||
3 | that is not yet or no longer in effect (for example, a Section | ||||||
4 | represented by multiple versions), the use of that text does | ||||||
5 | not accelerate or delay the taking effect of (i) the changes | ||||||
6 | made by this Act or (ii) provisions derived from any other | ||||||
7 | Public Act.
| ||||||
8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.
|