Bill Text: IL HB1440 | 2019-2020 | 101st General Assembly | Engrossed


Bill Title: Amends the Sexual Assault Evidence Submission Act. Provides that the State Police shall by rule establish a sexual assault evidence tracking system that conforms to the recommendations made by the Sexual Assault Evidence Tracking and Reporting Commission in its report dated June 26, 2018. Provides that the Department of State Police shall design the criteria for the sexual assault evidence tracking system so that, to the extent reasonably possible, the system can use existing technologies and products. Provides that the sexual assault evidence tracking system shall be operational no later than than one year after the effective date of the amendatory Act. Provides that a treatment hospital, a treatment hospital with approved pediatric transfer, an out-of-state hospital approved by the Department of Public Health to receive transfers of Illinois sexual assault survivors, or an approved pediatric health care facility must comply with rules relating to the collection and tracking of sexual assault evidence adopted by the Department of State Police. Provides for the operations of the sexual assault tracking system to be funded by appropriations from the State Crime Laboratory Fund, together with asset forfeiture and other funds appropriated by the General Assembly. Authorizes emergency rulemaking. Exempts information in the sexual assault evidence tracking system from disclosure under the Freedom of Information Act. Amends the Illinois Administrative Procedure Act, the Freedom of Information Act, the Sexual Assault Survivors Emergency Treatment Act, and the Unified Code of Corrections to make conforming changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Engrossed) 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.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Administrative Procedure Act is
5amended 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
9any agency finds reasonably constitutes a threat to the public
10interest, safety, or welfare.
11 (b) If any agency finds that an emergency exists that
12requires adoption of a rule upon fewer days than is required by
13Section 5-40 and states in writing its reasons for that
14finding, the agency may adopt an emergency rule without prior
15notice or hearing upon filing a notice of emergency rulemaking
16with the Secretary of State under Section 5-70. The notice
17shall include the text of the emergency rule and shall be
18published in the Illinois Register. Consent orders or other
19court orders adopting settlements negotiated by an agency may
20be adopted under this Section. Subject to applicable
21constitutional or statutory provisions, an emergency rule
22becomes effective immediately upon filing under Section 5-65 or
23at a stated date less than 10 days thereafter. The agency's

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1finding and a statement of the specific reasons for the finding
2shall be filed with the rule. The agency shall take reasonable
3and appropriate measures to make emergency rules known to the
4persons who may be affected by them.
5 (c) An emergency rule may be effective for a period of not
6longer than 150 days, but the agency's authority to adopt an
7identical rule under Section 5-40 is not precluded. No
8emergency rule may be adopted more than once in any 24-month
9period, except that this limitation on the number of emergency
10rules that may be adopted in a 24-month period does not apply
11to (i) emergency rules that make additions to and deletions
12from the Drug Manual under Section 5-5.16 of the Illinois
13Public Aid Code or the generic drug formulary under Section
143.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
15emergency rules adopted by the Pollution Control Board before
16July 1, 1997 to implement portions of the Livestock Management
17Facilities Act, (iii) emergency rules adopted by the Illinois
18Department of Public Health under subsections (a) through (i)
19of Section 2 of the Department of Public Health Act when
20necessary to protect the public's health, (iv) emergency rules
21adopted pursuant to subsection (n) of this Section, (v)
22emergency rules adopted pursuant to subsection (o) of this
23Section, or (vi) emergency rules adopted pursuant to subsection
24(c-5) of this Section. Two or more emergency rules having
25substantially the same purpose and effect shall be deemed to be
26a single rule for purposes of this Section.

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1 (c-5) To facilitate the maintenance of the program of group
2health benefits provided to annuitants, survivors, and retired
3employees under the State Employees Group Insurance Act of
41971, rules to alter the contributions to be paid by the State,
5annuitants, survivors, retired employees, or any combination
6of those entities, for that program of group health benefits,
7shall be adopted as emergency rules. The adoption of those
8rules shall be considered an emergency and necessary for the
9public interest, safety, and welfare.
10 (d) In order to provide for the expeditious and timely
11implementation of the State's fiscal year 1999 budget,
12emergency rules to implement any provision of Public Act 90-587
13or 90-588 or any other budget initiative for fiscal year 1999
14may be adopted in accordance with this Section by the agency
15charged with administering that provision or initiative,
16except that the 24-month limitation on the adoption of
17emergency rules and the provisions of Sections 5-115 and 5-125
18do not apply to rules adopted under this subsection (d). The
19adoption of emergency rules authorized by this subsection (d)
20shall be deemed to be necessary for the public interest,
21safety, and welfare.
22 (e) In order to provide for the expeditious and timely
23implementation of the State's fiscal year 2000 budget,
24emergency rules to implement any provision of Public Act 91-24
25or any other budget initiative for fiscal year 2000 may be
26adopted in accordance with this Section by the agency charged

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1with administering that provision or initiative, except that
2the 24-month limitation on the adoption of emergency rules and
3the provisions of Sections 5-115 and 5-125 do not apply to
4rules adopted under this subsection (e). The adoption of
5emergency rules authorized by this subsection (e) shall be
6deemed to be necessary for the public interest, safety, and
7welfare.
8 (f) In order to provide for the expeditious and timely
9implementation of the State's fiscal year 2001 budget,
10emergency rules to implement any provision of Public Act 91-712
11or any other budget initiative for fiscal year 2001 may be
12adopted in accordance with this Section by the agency charged
13with administering that provision or initiative, except that
14the 24-month limitation on the adoption of emergency rules and
15the provisions of Sections 5-115 and 5-125 do not apply to
16rules adopted under this subsection (f). The adoption of
17emergency rules authorized by this subsection (f) shall be
18deemed to be necessary for the public interest, safety, and
19welfare.
20 (g) In order to provide for the expeditious and timely
21implementation of the State's fiscal year 2002 budget,
22emergency rules to implement any provision of Public Act 92-10
23or any other budget initiative for fiscal year 2002 may be
24adopted in accordance with this Section by the agency charged
25with administering that provision or initiative, except that
26the 24-month limitation on the adoption of emergency rules and

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1the provisions of Sections 5-115 and 5-125 do not apply to
2rules adopted under this subsection (g). The adoption of
3emergency rules authorized by this subsection (g) shall be
4deemed to be necessary for the public interest, safety, and
5welfare.
6 (h) In order to provide for the expeditious and timely
7implementation of the State's fiscal year 2003 budget,
8emergency rules to implement any provision of Public Act 92-597
9or any other budget initiative for fiscal year 2003 may be
10adopted in accordance with this Section by the agency charged
11with administering that provision or initiative, except that
12the 24-month limitation on the adoption of emergency rules and
13the provisions of Sections 5-115 and 5-125 do not apply to
14rules adopted under this subsection (h). The adoption of
15emergency rules authorized by this subsection (h) shall be
16deemed to be necessary for the public interest, safety, and
17welfare.
18 (i) In order to provide for the expeditious and timely
19implementation of the State's fiscal year 2004 budget,
20emergency rules to implement any provision of Public Act 93-20
21or any other budget initiative for fiscal year 2004 may be
22adopted in accordance with this Section by the agency charged
23with administering that provision or initiative, except that
24the 24-month limitation on the adoption of emergency rules and
25the provisions of Sections 5-115 and 5-125 do not apply to
26rules adopted under this subsection (i). The adoption of

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1emergency rules authorized by this subsection (i) shall be
2deemed to be necessary for the public interest, safety, and
3welfare.
4 (j) In order to provide for the expeditious and timely
5implementation of the provisions of the State's fiscal year
62005 budget as provided under the Fiscal Year 2005 Budget
7Implementation (Human Services) Act, emergency rules to
8implement any provision of the Fiscal Year 2005 Budget
9Implementation (Human Services) Act may be adopted in
10accordance with this Section by the agency charged with
11administering that provision, except that the 24-month
12limitation on the adoption of emergency rules and the
13provisions of Sections 5-115 and 5-125 do not apply to rules
14adopted under this subsection (j). The Department of Public Aid
15may also adopt rules under this subsection (j) necessary to
16administer the Illinois Public Aid Code and the Children's
17Health Insurance Program Act. The adoption of emergency rules
18authorized by this subsection (j) shall be deemed to be
19necessary for the public interest, safety, and welfare.
20 (k) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222006 budget, emergency rules to implement any provision of
23Public Act 94-48 or any other budget initiative for fiscal year
242006 may be adopted in accordance with this Section by the
25agency charged with administering that provision or
26initiative, except that the 24-month limitation on the adoption

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1of emergency rules and the provisions of Sections 5-115 and
25-125 do not apply to rules adopted under this subsection (k).
3The Department of Healthcare and Family Services may also adopt
4rules under this subsection (k) necessary to administer the
5Illinois Public Aid Code, the Senior Citizens and Persons with
6Disabilities Property Tax Relief Act, the Senior Citizens and
7Disabled Persons Prescription Drug Discount Program Act (now
8the Illinois Prescription Drug Discount Program Act), and the
9Children's Health Insurance Program Act. The adoption of
10emergency rules authorized by this subsection (k) shall be
11deemed to be necessary for the public interest, safety, and
12welfare.
13 (l) In order to provide for the expeditious and timely
14implementation of the provisions of the State's fiscal year
152007 budget, the Department of Healthcare and Family Services
16may adopt emergency rules during fiscal year 2007, including
17rules effective July 1, 2007, in accordance with this
18subsection to the extent necessary to administer the
19Department's responsibilities with respect to amendments to
20the State plans and Illinois waivers approved by the federal
21Centers for Medicare and Medicaid Services necessitated by the
22requirements of Title XIX and Title XXI of the federal Social
23Security Act. The adoption of emergency rules authorized by
24this subsection (l) shall be deemed to be necessary for the
25public interest, safety, and welfare.
26 (m) In order to provide for the expeditious and timely

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1implementation of the provisions of the State's fiscal year
22008 budget, the Department of Healthcare and Family Services
3may adopt emergency rules during fiscal year 2008, including
4rules effective July 1, 2008, in accordance with this
5subsection to the extent necessary to administer the
6Department's responsibilities with respect to amendments to
7the State plans and Illinois waivers approved by the federal
8Centers for Medicare and Medicaid Services necessitated by the
9requirements of Title XIX and Title XXI of the federal Social
10Security Act. The adoption of emergency rules authorized by
11this subsection (m) shall be deemed to be necessary for the
12public interest, safety, and welfare.
13 (n) In order to provide for the expeditious and timely
14implementation of the provisions of the State's fiscal year
152010 budget, emergency rules to implement any provision of
16Public Act 96-45 or any other budget initiative authorized by
17the 96th General Assembly for fiscal year 2010 may be adopted
18in accordance with this Section by the agency charged with
19administering that provision or initiative. The adoption of
20emergency rules authorized by this subsection (n) shall be
21deemed to be necessary for the public interest, safety, and
22welfare. The rulemaking authority granted in this subsection
23(n) shall apply only to rules promulgated during Fiscal Year
242010.
25 (o) In order to provide for the expeditious and timely
26implementation of the provisions of the State's fiscal year

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12011 budget, emergency rules to implement any provision of
2Public Act 96-958 or any other budget initiative authorized by
3the 96th General Assembly for fiscal year 2011 may be adopted
4in accordance with this Section by the agency charged with
5administering that provision or initiative. The adoption of
6emergency rules authorized by this subsection (o) is deemed to
7be necessary for the public interest, safety, and welfare. The
8rulemaking authority granted in this subsection (o) applies
9only to rules promulgated on or after July 1, 2010 (the
10effective date of Public Act 96-958) through June 30, 2011.
11 (p) In order to provide for the expeditious and timely
12implementation of the provisions of Public Act 97-689,
13emergency rules to implement any provision of Public Act 97-689
14may be adopted in accordance with this subsection (p) by the
15agency charged with administering that provision or
16initiative. The 150-day limitation of the effective period of
17emergency rules does not apply to rules adopted under this
18subsection (p), and the effective period may continue through
19June 30, 2013. The 24-month limitation on the adoption of
20emergency rules does not apply to rules adopted under this
21subsection (p). The adoption of emergency rules authorized by
22this subsection (p) is deemed to be necessary for the public
23interest, safety, and welfare.
24 (q) In order to provide for the expeditious and timely
25implementation of the provisions of Articles 7, 8, 9, 11, and
2612 of Public Act 98-104, emergency rules to implement any

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1provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
2may be adopted in accordance with this subsection (q) by the
3agency charged with administering that provision or
4initiative. The 24-month limitation on the adoption of
5emergency rules does not apply to rules adopted under this
6subsection (q). The adoption of emergency rules authorized by
7this subsection (q) is deemed to be necessary for the public
8interest, safety, and welfare.
9 (r) In order to provide for the expeditious and timely
10implementation of the provisions of Public Act 98-651,
11emergency rules to implement Public Act 98-651 may be adopted
12in accordance with this subsection (r) by the Department of
13Healthcare and Family Services. The 24-month limitation on the
14adoption of emergency rules does not apply to rules adopted
15under this subsection (r). The adoption of emergency rules
16authorized by this subsection (r) is deemed to be necessary for
17the public interest, safety, and welfare.
18 (s) In order to provide for the expeditious and timely
19implementation of the provisions of Sections 5-5b.1 and 5A-2 of
20the Illinois Public Aid Code, emergency rules to implement any
21provision of Section 5-5b.1 or Section 5A-2 of the Illinois
22Public Aid Code may be adopted in accordance with this
23subsection (s) by the Department of Healthcare and Family
24Services. The rulemaking authority granted in this subsection
25(s) shall apply only to those rules adopted prior to July 1,
262015. Notwithstanding any other provision of this Section, any

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1emergency rule adopted under this subsection (s) shall only
2apply to payments made for State fiscal year 2015. The adoption
3of emergency rules authorized by this subsection (s) is deemed
4to be necessary for the public interest, safety, and welfare.
5 (t) In order to provide for the expeditious and timely
6implementation of the provisions of Article II of Public Act
799-6, emergency rules to implement the changes made by Article
8II of Public Act 99-6 to the Emergency Telephone System Act may
9be adopted in accordance with this subsection (t) by the
10Department of State Police. The rulemaking authority granted in
11this subsection (t) shall apply only to those rules adopted
12prior to July 1, 2016. The 24-month limitation on the adoption
13of emergency rules does not apply to rules adopted under this
14subsection (t). The adoption of emergency rules authorized by
15this subsection (t) is deemed to be necessary for the public
16interest, safety, and welfare.
17 (u) In order to provide for the expeditious and timely
18implementation of the provisions of the Burn Victims Relief
19Act, emergency rules to implement any provision of the Act may
20be adopted in accordance with this subsection (u) by the
21Department of Insurance. The rulemaking authority granted in
22this subsection (u) shall apply only to those rules adopted
23prior to December 31, 2015. The adoption of emergency rules
24authorized by this subsection (u) is deemed to be necessary for
25the public interest, safety, and welfare.
26 (v) In order to provide for the expeditious and timely

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1implementation of the provisions of Public Act 99-516,
2emergency rules to implement Public Act 99-516 may be adopted
3in accordance with this subsection (v) by the Department of
4Healthcare and Family Services. The 24-month limitation on the
5adoption of emergency rules does not apply to rules adopted
6under this subsection (v). The adoption of emergency rules
7authorized by this subsection (v) is deemed to be necessary for
8the public interest, safety, and welfare.
9 (w) In order to provide for the expeditious and timely
10implementation of the provisions of Public Act 99-796,
11emergency rules to implement the changes made by Public Act
1299-796 may be adopted in accordance with this subsection (w) by
13the Adjutant General. The adoption of emergency rules
14authorized by this subsection (w) is deemed to be necessary for
15the public interest, safety, and welfare.
16 (x) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 99-906,
18emergency rules to implement subsection (i) of Section 16-115D,
19subsection (g) of Section 16-128A, and subsection (a) of
20Section 16-128B of the Public Utilities Act may be adopted in
21accordance with this subsection (x) by the Illinois Commerce
22Commission. The rulemaking authority granted in this
23subsection (x) shall apply only to those rules adopted within
24180 days after June 1, 2017 (the effective date of Public Act
2599-906). The adoption of emergency rules authorized by this
26subsection (x) is deemed to be necessary for the public

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1interest, safety, and welfare.
2 (y) In order to provide for the expeditious and timely
3implementation of the provisions of Public Act 100-23,
4emergency rules to implement the changes made by Public Act
5100-23 to Section 4.02 of the Illinois Act on the Aging,
6Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
7Section 55-30 of the Alcoholism and Other Drug Abuse and
8Dependency Act, and Sections 74 and 75 of the Mental Health and
9Developmental Disabilities Administrative Act may be adopted
10in accordance with this subsection (y) by the respective
11Department. The adoption of emergency rules authorized by this
12subsection (y) is deemed to be necessary for the public
13interest, safety, and welfare.
14 (z) In order to provide for the expeditious and timely
15implementation of the provisions of Public Act 100-554,
16emergency rules to implement the changes made by Public Act
17100-554 to Section 4.7 of the Lobbyist Registration Act may be
18adopted in accordance with this subsection (z) by the Secretary
19of State. The adoption of emergency rules authorized by this
20subsection (z) is deemed to be necessary for the public
21interest, safety, and welfare.
22 (aa) In order to provide for the expeditious and timely
23initial implementation of the changes made to Articles 5, 5A,
2412, and 14 of the Illinois Public Aid Code under the provisions
25of Public Act 100-581, the Department of Healthcare and Family
26Services may adopt emergency rules in accordance with this

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1subsection (aa). The 24-month limitation on the adoption of
2emergency rules does not apply to rules to initially implement
3the changes made to Articles 5, 5A, 12, and 14 of the Illinois
4Public Aid Code adopted under this subsection (aa). The
5adoption of emergency rules authorized by this subsection (aa)
6is deemed to be necessary for the public interest, safety, and
7welfare.
8 (bb) In order to provide for the expeditious and timely
9implementation of the provisions of Public Act 100-587,
10emergency rules to implement the changes made by Public Act
11100-587 to Section 4.02 of the Illinois Act on the Aging,
12Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
13subsection (b) of Section 55-30 of the Alcoholism and Other
14Drug Abuse and Dependency Act, Section 5-104 of the Specialized
15Mental Health Rehabilitation Act of 2013, and Section 75 and
16subsection (b) of Section 74 of the Mental Health and
17Developmental Disabilities Administrative Act may be adopted
18in accordance with this subsection (bb) by the respective
19Department. The adoption of emergency rules authorized by this
20subsection (bb) is deemed to be necessary for the public
21interest, safety, and welfare.
22 (cc) In order to provide for the expeditious and timely
23implementation of the provisions of Public Act 100-587,
24emergency rules may be adopted in accordance with this
25subsection (cc) to implement the changes made by Public Act
26100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois

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1Pension Code by the Board created under Article 14 of the Code;
2Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
3the Board created under Article 15 of the Code; and Sections
416-190.5 and 16-190.6 of the Illinois Pension Code by the Board
5created under Article 16 of the Code. The adoption of emergency
6rules authorized by this subsection (cc) is deemed to be
7necessary for the public interest, safety, and welfare.
8 (dd) In order to provide for the expeditious and timely
9implementation of the provisions of Public Act 100-864,
10emergency rules to implement the changes made by Public Act
11100-864 to Section 3.35 of the Newborn Metabolic Screening Act
12may be adopted in accordance with this subsection (dd) by the
13Secretary of State. The adoption of emergency rules authorized
14by this subsection (dd) is deemed to be necessary for the
15public interest, safety, and welfare.
16 (ee) In order to provide for the expeditious and timely
17implementation of the provisions of this amendatory Act of the
18100th General Assembly, emergency rules implementing the
19Illinois Underground Natural Gas Storage Safety Act may be
20adopted in accordance with this subsection by the Department of
21Natural Resources. The adoption of emergency rules authorized
22by this subsection is deemed to be necessary for the public
23interest, safety, and welfare.
24 (ff) In order to provide for the expeditious and timely
25implementation of the provisions of this amendatory Act of the
26101st General Assembly, emergency rules may be adopted by the

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1Department of Labor in accordance with this subsection (ff) to
2implement the changes made by this amendatory Act of the 101st
3General Assembly to the Minimum Wage Law. The adoption of
4emergency rules authorized by this subsection (ff) is deemed to
5be necessary for the public interest, safety, and welfare.
6 (gg) In order to provide for the expeditious and timely
7implementation of the provisions of Section 50 of the Sexual
8Assault Evidence Submission Act, emergency rules to implement
9Section 50 of the Sexual Assault Evidence Submission Act may be
10adopted in accordance with this subsection (gg) by the
11Department of State Police. The adoption of emergency rules
12authorized by this subsection (gg) is deemed to be necessary
13for the public interest, safety, and welfare.
14(Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17;
15100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff.
166-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18;
17100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 101-1, eff.
182-19-19.)
19 Section 10. The Freedom of Information Act is amended by
20changing Section 7.5 as follows:
21 (5 ILCS 140/7.5)
22 Sec. 7.5. Statutory exemptions. To the extent provided for
23by the statutes referenced below, the following shall be exempt
24from inspection and copying:

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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.

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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

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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

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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.

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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

HB1440 Engrossed- 22 -LRB101 08023 SLF 53084 b
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.

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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,
4eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
599-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
6100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
78-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
8eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
9100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
1010-12-18.)
11 Section 15. The Sexual Assault Survivors Emergency
12Treatment 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
15provided to sexual assault survivors by hospitals and approved
16pediatric health care facilities.
17 (a) Every hospital and approved pediatric health care
18facility providing medical forensic services to sexual assault
19survivors under this Act shall, as minimum requirements for
20such services, provide, with the consent of the sexual assault
21survivor, and as ordered by the attending physician, an
22advanced practice registered nurse, or a physician assistant,
23the services set forth in subsection (a-5).
24 Beginning January 1, 2022, a qualified medical provider

HB1440 Engrossed- 24 -LRB101 08023 SLF 53084 b
1must provide the services set forth in subsection (a-5).
2 (a-5) A treatment hospital, a treatment hospital with
3approved pediatric transfer, or an approved pediatric health
4care facility shall provide the following services in
5accordance 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

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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

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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,

HB1440 Engrossed- 27 -LRB101 08023 SLF 53084 b
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.

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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
22plan approved by the Department shall employ or contract with a
23qualified medical provider to initiate medical forensic
24services to a sexual assault survivor within 90 minutes of the
25patient presenting to the treatment hospital or treatment
26hospital with approved pediatric transfer. The provision of

HB1440 Engrossed- 29 -LRB101 08023 SLF 53084 b
1medical forensic services by a qualified medical provider shall
2not delay the provision of life-saving medical care.
3 (b) Any person who is a sexual assault survivor who seeks
4medical forensic services or follow-up healthcare under this
5Act shall be provided such services without the consent of any
6parent, guardian, custodian, surrogate, or agent. If a sexual
7assault survivor is unable to consent to medical forensic
8services, the services may be provided under the Consent by
9Minors to Medical Procedures Act, the Health Care Surrogate
10Act, or other applicable State and federal laws.
11 (b-5) Every hospital or approved pediatric health care
12facility providing medical forensic services to sexual assault
13survivors shall issue a voucher to any sexual assault survivor
14who is eligible to receive one in accordance with Section 5.2
15of this Act. The hospital shall make a copy of the voucher and
16place it in the medical record of the sexual assault survivor.
17The hospital shall provide a copy of the voucher to the sexual
18assault survivor after discharge upon request.
19 (c) Nothing in this Section creates a physician-patient
20relationship that extends beyond discharge from the hospital or
21approved pediatric health care facility.
22(Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16;
2399-642, eff. 7-28-16; 100-513, eff. 1-1-18; 100-775, eff.
241-1-19; 100-1087, eff. 1-1-19; revised 10-24-18.)
25 Section 20. The Sexual Assault Evidence Submission Act is

HB1440 Engrossed- 30 -LRB101 08023 SLF 53084 b
1amended 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
5and Reporting Commission issued its report as required under
6Section 43. It is the intention of the General Assembly in
7enacting the provisions of this amendatory Act of the 101st
8General Assembly to implement the recommendations of the Sexual
9Assault Evidence Tracking and Reporting Commission set forth in
10that report in a manner that utilizes the current resources of
11law enforcement agencies whenever possible and that is
12adaptable to changing technologies and circumstances.
13 (a-1) Due to the complex nature of a statewide tracking
14system for sexual assault evidence and to ensure all
15stakeholders, including, but not limited to, victims and their
16designees, health care facilities, law enforcement agencies,
17forensic labs, and State's Attorneys offices are integrated,
18the Commission recommended the purchase of an electronic
19off-the-shelf tracking system. The system must be able to
20communicate with all stakeholders and provide real-time
21information to a victim or his or her designee on the status of
22the evidence that was collected. The sexual assault evidence
23tracking system must:
24 (1) be electronic and web-based;
25 (2) be administered by the Department of State Police;

HB1440 Engrossed- 31 -LRB101 08023 SLF 53084 b
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

HB1440 Engrossed- 32 -LRB101 08023 SLF 53084 b
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

HB1440 Engrossed- 33 -LRB101 08023 SLF 53084 b
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

HB1440 Engrossed- 34 -LRB101 08023 SLF 53084 b
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
4electronic access to a tracking system for a victim, or his or
5her designee to access information on the status of the
6evidence collected. The Commission recommended minimum
7guidelines in order to safeguard confidentiality of the
8information contained within this statewide tracking system.
9These recommendations are that the sexual assault evidence
10tracking 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

HB1440 Engrossed- 35 -LRB101 08023 SLF 53084 b
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

HB1440 Engrossed- 36 -LRB101 08023 SLF 53084 b
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
6sexual assault evidence tracking system that conforms with
7subsections (a-1) and (a-2) of this Section. The Department
8shall design the criteria for the sexual assault evidence
9tracking system so that, to the extent reasonably possible, the
10system can use existing technologies and products, including,
11but not limited to, currently available tracking systems. The
12sexual assault evidence tracking system shall be operational
13and shall begin tracking and reporting sexual assault evidence
14no later than one year after the effective date of this
15amendatory Act of the 101st General Assembly. The Department
16may adopt additional rules as it deems necessary to ensure that
17the sexual assault evidence tracking system continues to be a
18useful tool for law enforcement.
19 (c) A treatment hospital, a treatment hospital with
20approved pediatric transfer, an out-of-state hospital approved
21by the Department of Public Health to receive transfers of
22Illinois sexual assault survivors, or an approved pediatric
23health care facility defined in Section 1a of the Sexual
24Assault Survivors Emergency Treatment Act shall participate in
25the sexual assault evidence tracking system created under this
26Section and in accordance with rules adopted under subsection

HB1440 Engrossed- 37 -LRB101 08023 SLF 53084 b
1(b), including, but not limited to, the collection of sexual
2assault evidence and providing information regarding that
3evidence, including, but not limited to, providing notice to
4law enforcement that the evidence has been collected.
5 (d) The operations of the sexual assault evidence tracking
6system shall be funded by moneys appropriated for that purpose
7from the State Crime Laboratory Fund and funds provided to the
8Department through asset forfeiture, together with such other
9funds as the General Assembly may appropriate.
10 (e) To ensure that the sexual assault evidence tracking
11system is operational, the Department may adopt emergency rules
12to implement the provisions of this Section under subsection
13(ff) of Section 5-45 of the Illinois Administrative Procedure
14Act.
15 (f) Information, including, but not limited to, evidence
16and records in the sexual assault evidence tracking system is
17exempt from disclosure under the Freedom of Information Act.
18 Section 25. The Unified Code of Corrections is amended by
19changing 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
23not-for-profit laboratory registered with the Drug Enforcement
24Administration of the United States Department of Justice,

HB1440 Engrossed- 38 -LRB101 08023 SLF 53084 b
1substantially funded by a unit or combination of units of local
2government or the State of Illinois, which regularly employs at
3least one person engaged in the analysis of controlled
4substances, cannabis, methamphetamine, or steroids for
5criminal justice agencies in criminal matters and provides
6testimony with respect to such examinations.
7 (b) When a person has been adjudged guilty of an offense in
8violation of the Cannabis Control Act, the Illinois Controlled
9Substances Act, the Methamphetamine Control and Community
10Protection Act, or the Steroid Control Act, in addition to any
11other disposition, penalty or fine imposed, a criminal
12laboratory analysis fee of $100 for each offense for which he
13was convicted shall be levied by the court. Any person placed
14on probation pursuant to Section 10 of the Cannabis Control
15Act, Section 410 of the Illinois Controlled Substances Act,
16Section 70 of the Methamphetamine Control and Community
17Protection Act, or Section 10 of the Steroid Control Act or
18placed on supervision for a violation of the Cannabis Control
19Act, the Illinois Controlled Substances Act or the Steroid
20Control Act shall be assessed a criminal laboratory analysis
21fee of $100 for each offense for which he was charged. Upon
22verified petition of the person, the court may suspend payment
23of all or part of the fee if it finds that the person does not
24have the ability to pay the fee.
25 (c) In addition to any other disposition made pursuant to
26the provisions of the Juvenile Court Act of 1987, any minor

HB1440 Engrossed- 39 -LRB101 08023 SLF 53084 b
1adjudicated delinquent for an offense which if committed by an
2adult would constitute a violation of the Cannabis Control Act,
3the Illinois Controlled Substances Act, the Methamphetamine
4Control and Community Protection Act, or the Steroid Control
5Act shall be assessed a criminal laboratory analysis fee of
6$100 for each adjudication. Upon verified petition of the
7minor, the court may suspend payment of all or part of the fee
8if it finds that the minor does not have the ability to pay the
9fee. The parent, guardian or legal custodian of the minor may
10pay some or all of such fee on the minor's behalf.
11 (d) All criminal laboratory analysis fees provided for by
12this Section shall be collected by the clerk of the court and
13forwarded to the appropriate crime laboratory fund as provided
14in 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

HB1440 Engrossed- 40 -LRB101 08023 SLF 53084 b
1treasurer of the unit of local government that performed the
2analysis if that unit of local government has established a
3crime laboratory fund, or to the State Crime Laboratory Fund if
4the analysis was performed by a laboratory operated by the
5Illinois State Police. If the analysis was performed by a crime
6laboratory funded by a combination of units of local
7government, the analysis fee shall be forwarded to the
8treasurer of the county where the crime laboratory is situated
9if a crime laboratory fund has been established in that county.
10If the unit of local government or combination of units of
11local government has not established a crime laboratory fund,
12then the analysis fee shall be forwarded to the State Crime
13Laboratory Fund. The clerk of the circuit court may retain the
14amount of $10 from each collected analysis fee to offset
15administrative costs incurred in carrying out the clerk's
16responsibilities under this Section.
17 (g) Fees deposited into a crime laboratory fund created
18pursuant to paragraphs (1) or (2) of subsection (e) of this
19Section shall be in addition to any allocations made pursuant
20to existing law and shall be designated for the exclusive use
21of the crime laboratory. These uses may include, but are not
22limited 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

HB1440 Engrossed- 41 -LRB101 08023 SLF 53084 b
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
6created pursuant to paragraph (3) of subsection (d) of this
7Section shall be used by State crime laboratories as designated
8by the Director of State Police. These funds shall be in
9addition to any allocations made pursuant to existing law and
10shall be designated for the exclusive use of State crime
11laboratories or for the sexual assault evidence tracking system
12created under Section 50 of the Sexual Assault Evidence
13Submission Act. These uses may include those enumerated in
14subsection (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
18not-for-profit laboratory registered with the Drug Enforcement
19Administration of the United States Department of Justice,
20substantially funded by a unit or combination of units of local
21government or the State of Illinois, which regularly employs at
22least one person engaged in the analysis of controlled
23substances, cannabis, methamphetamine, or steroids for
24criminal justice agencies in criminal matters and provides
25testimony with respect to such examinations.

HB1440 Engrossed- 42 -LRB101 08023 SLF 53084 b
1 (b) (Blank).
2 (c) In addition to any other disposition made pursuant to
3the provisions of the Juvenile Court Act of 1987, any minor
4adjudicated delinquent for an offense which if committed by an
5adult would constitute a violation of the Cannabis Control Act,
6the Illinois Controlled Substances Act, the Methamphetamine
7Control and Community Protection Act, or the Steroid Control
8Act shall be required to pay a criminal laboratory analysis
9assessment of $100 for each adjudication. Upon verified
10petition of the minor, the court may suspend payment of all or
11part of the assessment if it finds that the minor does not have
12the ability to pay the assessment. The parent, guardian or
13legal custodian of the minor may pay some or all of such
14assessment on the minor's behalf.
15 (d) All criminal laboratory analysis fees provided for by
16this Section shall be collected by the clerk of the court and
17forwarded to the appropriate crime laboratory fund as provided
18in 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.

HB1440 Engrossed- 43 -LRB101 08023 SLF 53084 b
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)
4of this Section shall be forwarded to the office of the
5treasurer of the unit of local government that performed the
6analysis if that unit of local government has established a
7crime laboratory fund, or to the State Crime Laboratory Fund if
8the analysis was performed by a laboratory operated by the
9Illinois State Police. If the analysis was performed by a crime
10laboratory funded by a combination of units of local
11government, the analysis assessment shall be forwarded to the
12treasurer of the county where the crime laboratory is situated
13if a crime laboratory fund has been established in that county.
14If the unit of local government or combination of units of
15local government has not established a crime laboratory fund,
16then the analysis assessment shall be forwarded to the State
17Crime Laboratory Fund.
18 (g) Moneys deposited into a crime laboratory fund created
19pursuant to paragraphs (1) or (2) of subsection (e) of this
20Section shall be in addition to any allocations made pursuant
21to existing law and shall be designated for the exclusive use
22of the crime laboratory. These uses may include, but are not
23limited to, the following:
24 (1) costs incurred in providing analysis for
25 controlled substances in connection with criminal
26 investigations conducted within this State;

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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
7created pursuant to paragraph (3) of subsection (d) of this
8Section shall be used by State crime laboratories as designated
9by the Director of State Police. These funds shall be in
10addition to any allocations made pursuant to existing law and
11shall be designated for the exclusive use of State crime
12laboratories or for the sexual assault evidence tracking system
13created under Section 50 of the Sexual Assault Evidence
14Submission Act. These uses may include those enumerated in
15subsection (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
18Section 8.43 as follows:
19 (30 ILCS 805/8.43 new)
20 Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8
21of this Act, no reimbursement by the State is required for the
22implementation of any mandate created by this amendatory Act of
23the 101st General Assembly.

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1 Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.
8 Section 99. Effective date. This Act takes effect upon
9becoming law.
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