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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB1440

Introduced , by Rep. Margo McDermed

SYNOPSIS AS INTRODUCED:
See Index

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.
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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

HB1440LRB101 08023 SLF 53084 b
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 Section 50 of the Sexual
26Assault Evidence Submission Act, emergency rules to implement

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1Section 50 of the Sexual Assault Evidence Submission Act may be
2adopted in accordance with this subsection (ff) by the
3Department of State Police. The adoption of emergency rules
4authorized by this subsection (ff) is deemed to be necessary
5for the public interest, safety, and welfare.
6(Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143,
7eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16;
899-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17;
9100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff.
103-12-18; 100-587, Article 95, Section 95-5, eff. 6-4-18;
11100-587, Article 110, Section 110-5, eff. 6-4-18; 100-864, eff.
128-14-18; 100-1172, eff. 1-4-19.)
13 Section 10. The Freedom of Information Act is amended by
14changing Section 7.5 as follows:
15 (5 ILCS 140/7.5)
16 Sec. 7.5. Statutory exemptions. To the extent provided for
17by the statutes referenced below, the following shall be exempt
18from inspection and copying:
19 (a) All information determined to be confidential
20 under Section 4002 of the Technology Advancement and
21 Development Act.
22 (b) Library circulation and order records identifying
23 library users with specific materials under the Library
24 Records Confidentiality Act.

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1 (c) Applications, related documents, and medical
2 records received by the Experimental Organ Transplantation
3 Procedures Board and any and all documents or other records
4 prepared by the Experimental Organ Transplantation
5 Procedures Board or its staff relating to applications it
6 has received.
7 (d) Information and records held by the Department of
8 Public Health and its authorized representatives relating
9 to known or suspected cases of sexually transmissible
10 disease or any information the disclosure of which is
11 restricted under the Illinois Sexually Transmissible
12 Disease Control Act.
13 (e) Information the disclosure of which is exempted
14 under Section 30 of the Radon Industry Licensing Act.
15 (f) Firm performance evaluations under Section 55 of
16 the Architectural, Engineering, and Land Surveying
17 Qualifications Based Selection Act.
18 (g) Information the disclosure of which is restricted
19 and exempted under Section 50 of the Illinois Prepaid
20 Tuition Act.
21 (h) Information the disclosure of which is exempted
22 under the State Officials and Employees Ethics Act, and
23 records of any lawfully created State or local inspector
24 general's office that would be exempt if created or
25 obtained by an Executive Inspector General's office under
26 that Act.

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1 (i) Information contained in a local emergency energy
2 plan submitted to a municipality in accordance with a local
3 emergency energy plan ordinance that is adopted under
4 Section 11-21.5-5 of the Illinois Municipal Code.
5 (j) Information and data concerning the distribution
6 of surcharge moneys collected and remitted by carriers
7 under the Emergency Telephone System Act.
8 (k) Law enforcement officer identification information
9 or driver identification information compiled by a law
10 enforcement agency or the Department of Transportation
11 under Section 11-212 of the Illinois Vehicle Code.
12 (l) Records and information provided to a residential
13 health care facility resident sexual assault and death
14 review team or the Executive Council under the Abuse
15 Prevention Review Team Act.
16 (m) Information provided to the predatory lending
17 database created pursuant to Article 3 of the Residential
18 Real Property Disclosure Act, except to the extent
19 authorized under that Article.
20 (n) Defense budgets and petitions for certification of
21 compensation and expenses for court appointed trial
22 counsel as provided under Sections 10 and 15 of the Capital
23 Crimes Litigation Act. This subsection (n) shall apply
24 until the conclusion of the trial of the case, even if the
25 prosecution chooses not to pursue the death penalty prior
26 to trial or sentencing.

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1 (o) Information that is prohibited from being
2 disclosed under Section 4 of the Illinois Health and
3 Hazardous Substances Registry Act.
4 (p) Security portions of system safety program plans,
5 investigation reports, surveys, schedules, lists, data, or
6 information compiled, collected, or prepared by or for the
7 Regional Transportation Authority under Section 2.11 of
8 the Regional Transportation Authority Act or the St. Clair
9 County Transit District under the Bi-State Transit Safety
10 Act.
11 (q) Information prohibited from being disclosed by the
12 Personnel Record Records Review Act.
13 (r) Information prohibited from being disclosed by the
14 Illinois School Student Records Act.
15 (s) Information the disclosure of which is restricted
16 under Section 5-108 of the Public Utilities Act.
17 (t) All identified or deidentified health information
18 in the form of health data or medical records contained in,
19 stored in, submitted to, transferred by, or released from
20 the Illinois Health Information Exchange, and identified
21 or deidentified health information in the form of health
22 data and medical records of the Illinois Health Information
23 Exchange in the possession of the Illinois Health
24 Information Exchange Authority due to its administration
25 of the Illinois Health Information Exchange. The terms
26 "identified" and "deidentified" shall be given the same

HB1440- 20 -LRB101 08023 SLF 53084 b
1 meaning as in the Health Insurance Portability and
2 Accountability Act of 1996, Public Law 104-191, or any
3 subsequent amendments thereto, and any regulations
4 promulgated thereunder.
5 (u) Records and information provided to an independent
6 team of experts under the Developmental Disability and
7 Mental Health Safety Act (also known as Brian's Law).
8 (v) Names and information of people who have applied
9 for or received Firearm Owner's Identification Cards under
10 the Firearm Owners Identification Card Act or applied for
11 or received a concealed carry license under the Firearm
12 Concealed Carry Act, unless otherwise authorized by the
13 Firearm Concealed Carry Act; and databases under the
14 Firearm Concealed Carry Act, records of the Concealed Carry
15 Licensing Review Board under the Firearm Concealed Carry
16 Act, and law enforcement agency objections under the
17 Firearm Concealed Carry Act.
18 (w) Personally identifiable information which is
19 exempted from disclosure under subsection (g) of Section
20 19.1 of the Toll Highway Act.
21 (x) Information which is exempted from disclosure
22 under Section 5-1014.3 of the Counties Code or Section
23 8-11-21 of the Illinois Municipal Code.
24 (y) Confidential information under the Adult
25 Protective Services Act and its predecessor enabling
26 statute, the Elder Abuse and Neglect Act, including

HB1440- 21 -LRB101 08023 SLF 53084 b
1 information about the identity and administrative finding
2 against any caregiver of a verified and substantiated
3 decision of abuse, neglect, or financial exploitation of an
4 eligible adult maintained in the Registry established
5 under Section 7.5 of the Adult Protective Services Act.
6 (z) Records and information provided to a fatality
7 review team or the Illinois Fatality Review Team Advisory
8 Council under Section 15 of the Adult Protective Services
9 Act.
10 (aa) Information which is exempted from disclosure
11 under Section 2.37 of the Wildlife Code.
12 (bb) Information which is or was prohibited from
13 disclosure by the Juvenile Court Act of 1987.
14 (cc) Recordings made under the Law Enforcement
15 Officer-Worn Body Camera Act, except to the extent
16 authorized under that Act.
17 (dd) Information that is prohibited from being
18 disclosed under Section 45 of the Condominium and Common
19 Interest Community Ombudsperson Act.
20 (ee) Information that is exempted from disclosure
21 under Section 30.1 of the Pharmacy Practice Act.
22 (ff) Information that is exempted from disclosure
23 under the Revised Uniform Unclaimed Property Act.
24 (gg) Information that is prohibited from being
25 disclosed under Section 7-603.5 of the Illinois Vehicle
26 Code.

HB1440- 22 -LRB101 08023 SLF 53084 b
1 (hh) Records that are exempt from disclosure under
2 Section 1A-16.7 of the Election Code.
3 (ii) Information which is exempted from disclosure
4 under Section 2505-800 of the Department of Revenue Law of
5 the Civil Administrative Code of Illinois.
6 (jj) Information and reports that are required to be
7 submitted to the Department of Labor by registering day and
8 temporary labor service agencies but are exempt from
9 disclosure under subsection (a-1) of Section 45 of the Day
10 and Temporary Labor Services Act.
11 (kk) Information prohibited from disclosure under the
12 Seizure and Forfeiture Reporting Act.
13 (ll) Information the disclosure of which is restricted
14 and exempted under Section 5-30.8 of the Illinois Public
15 Aid Code.
16 (mm) (ll) Records that are exempt from disclosure under
17 Section 4.2 of the Crime Victims Compensation Act.
18 (nn) (ll) Information that is exempt from disclosure
19 under Section 70 of the Higher Education Student Assistance
20 Act.
21 (oo) Information that is exempt from disclosure under
22 Section 50 of the Sexual Assault Evidence Submission Act.
23(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
24eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
2599-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
26100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.

HB1440- 23 -LRB101 08023 SLF 53084 b
18-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
2eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
3100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
410-12-18.)
5 Section 15. The Sexual Assault Survivors Emergency
6Treatment Act is amended by changing Section 5 as follows:
7 (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
8 Sec. 5. Minimum requirements for medical forensic services
9provided to sexual assault survivors by hospitals and approved
10pediatric health care facilities.
11 (a) Every hospital and approved pediatric health care
12facility providing medical forensic services to sexual assault
13survivors under this Act shall, as minimum requirements for
14such services, provide, with the consent of the sexual assault
15survivor, and as ordered by the attending physician, an
16advanced practice registered nurse, or a physician assistant,
17the services set forth in subsection (a-5).
18 Beginning January 1, 2022, a qualified medical provider
19must provide the services set forth in subsection (a-5).
20 (a-5) A treatment hospital, a treatment hospital with
21approved pediatric transfer, or an approved pediatric health
22care facility shall provide the following services in
23accordance with subsection (a):
24 (1) Appropriate medical forensic services without

HB1440- 24 -LRB101 08023 SLF 53084 b
1 delay, in a private, age-appropriate or
2 developmentally-appropriate space, required to ensure the
3 health, safety, and welfare of a sexual assault survivor
4 and which may be used as evidence in a criminal proceeding
5 against a person accused of the sexual assault, in a
6 proceeding under the Juvenile Court Act of 1987, or in an
7 investigation under the Abused and Neglected Child
8 Reporting Act.
9 Records of medical forensic services, including
10 results of examinations and tests, the Illinois State
11 Police Medical Forensic Documentation Forms, the Illinois
12 State Police Patient Discharge Materials, and the Illinois
13 State Police Patient Consent: Collect and Test Evidence or
14 Collect and Hold Evidence Form, shall be maintained by the
15 hospital or approved pediatric health care facility as part
16 of the patient's electronic medical record.
17 Records of medical forensic services of sexual assault
18 survivors under the age of 18 shall be retained by the
19 hospital for a period of 60 years after the sexual assault
20 survivor reaches the age of 18. Records of medical forensic
21 services of sexual assault survivors 18 years of age or
22 older shall be retained by the hospital for a period of 20
23 years after the date the record was created.
24 Records of medical forensic services may only be
25 disseminated in accordance with Section 6.5 of this Act and
26 other State and federal law.

HB1440- 25 -LRB101 08023 SLF 53084 b
1 (1.5) An offer to complete the Illinois Sexual Assault
2 Evidence Collection Kit for any sexual assault survivor who
3 presents within a minimum of the last 7 days of the assault
4 or who has disclosed past sexual assault by a specific
5 individual and was in the care of that individual within a
6 minimum of the last 7 days.
7 (A) Appropriate oral and written information
8 concerning evidence-based guidelines for the
9 appropriateness of evidence collection depending on
10 the sexual development of the sexual assault survivor,
11 the type of sexual assault, and the timing of the
12 sexual assault shall be provided to the sexual assault
13 survivor. Evidence collection is encouraged for
14 prepubescent sexual assault survivors who present to a
15 hospital or approved pediatric health care facility
16 with a complaint of sexual assault within a minimum of
17 96 hours after the sexual assault.
18 Before January 1, 2022, the information required
19 under this subparagraph shall be provided in person by
20 the health care professional providing medical
21 forensic services directly to the sexual assault
22 survivor.
23 On and after January 1, 2022, the information
24 required under this subparagraph shall be provided in
25 person by the qualified medical provider providing
26 medical forensic services directly to the sexual

HB1440- 26 -LRB101 08023 SLF 53084 b
1 assault survivor.
2 The written information provided shall be the
3 information created in accordance with Section 10 of
4 this Act.
5 (B) Following the discussion regarding the
6 evidence-based guidelines for evidence collection in
7 accordance with subparagraph (A), evidence collection
8 must be completed at the sexual assault survivor's
9 request. A sexual assault nurse examiner conducting an
10 examination using the Illinois State Police Sexual
11 Assault Evidence Collection Kit may do so without the
12 presence or participation of a physician.
13 (2) Appropriate oral and written information
14 concerning the possibility of infection, sexually
15 transmitted infection, including an evaluation of the
16 sexual assault survivor's risk of contracting human
17 immunodeficiency virus (HIV) from sexual assault, and
18 pregnancy resulting from sexual assault.
19 (3) Appropriate oral and written information
20 concerning accepted medical procedures, laboratory tests,
21 medication, and possible contraindications of such
22 medication available for the prevention or treatment of
23 infection or disease resulting from sexual assault.
24 (3.5) After after a medical evidentiary or physical
25 examination, access to a shower at no cost, unless
26 showering facilities are unavailable. ;

HB1440- 27 -LRB101 08023 SLF 53084 b
1 (4) An amount of medication, including HIV
2 prophylaxis, for treatment at the hospital or approved
3 pediatric health care facility and after discharge as is
4 deemed appropriate by the attending physician, an advanced
5 practice registered nurse, or a physician assistant in
6 accordance with the Centers for Disease Control and
7 Prevention guidelines and consistent with the hospital's
8 or approved pediatric health care facility's current
9 approved protocol for sexual assault survivors.
10 (5) Photo documentation of the sexual assault
11 survivor's injuries, anatomy involved in the assault, or
12 other visible evidence on the sexual assault survivor's
13 body to supplement the medical forensic history and written
14 documentation of physical findings and evidence beginning
15 July 1, 2019. Photo documentation does not replace written
16 documentation of the injury.
17 (6) Written and oral instructions indicating the need
18 for follow-up examinations and laboratory tests after the
19 sexual assault to determine the presence or absence of
20 sexually transmitted infection.
21 (7) Referral by hospital or approved pediatric health
22 care facility personnel for appropriate counseling.
23 (8) Medical advocacy services provided by a rape crisis
24 counselor whose communications are protected under Section
25 8-802.1 of the Code of Civil Procedure, if there is a
26 memorandum of understanding between the hospital or

HB1440- 28 -LRB101 08023 SLF 53084 b
1 approved pediatric health care facility and a rape crisis
2 center. With the consent of the sexual assault survivor, a
3 rape crisis counselor shall remain in the exam room during
4 the medical forensic examination.
5 (9) Written information regarding services provided by
6 a Children's Advocacy Center and rape crisis center, if
7 applicable.
8 (10) A treatment hospital, a treatment hospital with
9 approved pediatric transfer, an out-of-state hospital as
10 defined in Section 5.4, or an approved pediatric health
11 care facility shall comply with the rules relating to the
12 collection and tracking of sexual assault evidence adopted
13 by the Department of State Police under Section 50 of the
14 Sexual Assault Evidence Submission Act.
15 (a-7) By January 1, 2022, every hospital with a treatment
16plan approved by the Department shall employ or contract with a
17qualified medical provider to initiate medical forensic
18services to a sexual assault survivor within 90 minutes of the
19patient presenting to the treatment hospital or treatment
20hospital with approved pediatric transfer. The provision of
21medical forensic services by a qualified medical provider shall
22not delay the provision of life-saving medical care.
23 (b) Any person who is a sexual assault survivor who seeks
24medical forensic services or follow-up healthcare under this
25Act shall be provided such services without the consent of any
26parent, guardian, custodian, surrogate, or agent. If a sexual

HB1440- 29 -LRB101 08023 SLF 53084 b
1assault survivor is unable to consent to medical forensic
2services, the services may be provided under the Consent by
3Minors to Medical Procedures Act, the Health Care Surrogate
4Act, or other applicable State and federal laws.
5 (b-5) Every hospital or approved pediatric health care
6facility providing medical forensic services to sexual assault
7survivors shall issue a voucher to any sexual assault survivor
8who is eligible to receive one in accordance with Section 5.2
9of this Act. The hospital shall make a copy of the voucher and
10place it in the medical record of the sexual assault survivor.
11The hospital shall provide a copy of the voucher to the sexual
12assault survivor after discharge upon request.
13 (c) Nothing in this Section creates a physician-patient
14relationship that extends beyond discharge from the hospital or
15approved pediatric health care facility.
16(Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16;
1799-642, eff. 7-28-16; 100-513, eff. 1-1-18; 100-775, eff.
181-1-19; 100-1087, eff. 1-1-19; revised 10-24-18.)
19 Section 20. The Sexual Assault Evidence Submission Act is
20amended by adding Section 50 as follows:
21 (725 ILCS 202/50 new)
22 Sec. 50. Sexual assault evidence tracking system.
23 (a) On June 26, 2018 the Sexual Assault Evidence Tracking
24and Reporting Commission issued its report as required under

HB1440- 30 -LRB101 08023 SLF 53084 b
1Section 43. It is the intention of the General Assembly in
2enacting the provisions of this amendatory Act of the 101st
3General Assembly to implement the recommendations of the Sexual
4Assault Evidence Tracking and Reporting Commission set forth in
5that report in a manner that utilizes the current resources of
6law enforcement agencies whenever possible and that is
7adaptable to changing technologies and circumstances.
8 (b) The Department shall by rule establish a sexual assault
9evidence tracking system that conforms to the recommendations
10made and guidelines proposed by the Sexual Assault Evidence
11Tracking and Reporting Commission in its report dated June 26,
122018. The Department shall design the criteria for the sexual
13assault evidence tracking system so that, to the extent
14reasonably possible, the system can use existing technologies
15and products, including, but not limited to, currently
16available tracking systems. The sexual assault evidence
17tracking system shall be operational and shall begin tracking
18and reporting sexual assault evidence no later than one year
19after the effective date of this amendatory Act of the 101st
20General Assembly. The Department may adopt additional rules as
21it deems necessary to ensure that the sexual assault evidence
22tracking system continues to be a useful tool for law
23enforcement.
24 (c) A treatment hospital, a treatment hospital with
25approved pediatric transfer, an out-of-state hospital approved
26by the Department of Public Health to receive transfers of

HB1440- 31 -LRB101 08023 SLF 53084 b
1Illinois sexual assault survivors, or an approved pediatric
2health care facility defined in Section 1a of the Sexual
3Assault Survivors Emergency Treatment Act shall participate in
4the sexual assault evidence tracking system created under this
5Section and in accordance with rules adopted under subsection
6(b), including, but not limited to, the collection of sexual
7assault evidence and providing information regarding that
8evidence, including, but not limited to, providing notice to
9law enforcement that the evidence has been collected.
10 (d) The operations of the sexual assault evidence tracking
11system shall be funded by moneys appropriated for that purpose
12from the State Crime Laboratory Fund and funds provided to the
13Department through asset forfeiture, together with such other
14funds as the General Assembly may appropriate.
15 (e) To ensure that the sexual assault evidence tracking
16system is operational, the Department may adopt emergency rules
17to implement the provisions of this Section under subsection
18(ff) of Section 5-45 of the Illinois Administrative Procedure
19Act.
20 (f) Information, including, but not limited to, evidence
21and records in the sexual assault evidence tracking system is
22exempt from disclosure under the Freedom of Information Act.
23 Section 25. The Unified Code of Corrections is amended by
24changing Section 5-9-1.4 as follows:

HB1440- 32 -LRB101 08023 SLF 53084 b
1 (730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
2 (Text of Section before amendment by P.A. 100-987)
3 Sec. 5-9-1.4. (a) "Crime laboratory" means any
4not-for-profit laboratory registered with the Drug Enforcement
5Administration of the United States Department of Justice,
6substantially funded by a unit or combination of units of local
7government or the State of Illinois, which regularly employs at
8least one person engaged in the analysis of controlled
9substances, cannabis, methamphetamine, or steroids for
10criminal justice agencies in criminal matters and provides
11testimony with respect to such examinations.
12 (b) When a person has been adjudged guilty of an offense in
13violation of the Cannabis Control Act, the Illinois Controlled
14Substances Act, the Methamphetamine Control and Community
15Protection Act, or the Steroid Control Act, in addition to any
16other disposition, penalty or fine imposed, a criminal
17laboratory analysis fee of $100 for each offense for which he
18was convicted shall be levied by the court. Any person placed
19on probation pursuant to Section 10 of the Cannabis Control
20Act, Section 410 of the Illinois Controlled Substances Act,
21Section 70 of the Methamphetamine Control and Community
22Protection Act, or Section 10 of the Steroid Control Act or
23placed on supervision for a violation of the Cannabis Control
24Act, the Illinois Controlled Substances Act or the Steroid
25Control Act shall be assessed a criminal laboratory analysis
26fee of $100 for each offense for which he was charged. Upon

HB1440- 33 -LRB101 08023 SLF 53084 b
1verified petition of the person, the court may suspend payment
2of all or part of the fee if it finds that the person does not
3have the ability to pay the fee.
4 (c) In addition to any other disposition made pursuant to
5the provisions of the Juvenile Court Act of 1987, any minor
6adjudicated delinquent for an offense which if committed by an
7adult would constitute a violation of the Cannabis Control Act,
8the Illinois Controlled Substances Act, the Methamphetamine
9Control and Community Protection Act, or the Steroid Control
10Act shall be assessed a criminal laboratory analysis fee of
11$100 for each adjudication. Upon verified petition of the
12minor, the court may suspend payment of all or part of the fee
13if it finds that the minor does not have the ability to pay the
14fee. The parent, guardian or legal custodian of the minor may
15pay some or all of such fee on the minor's behalf.
16 (d) All criminal laboratory analysis fees provided for by
17this Section shall be collected by the clerk of the court and
18forwarded to the appropriate crime laboratory fund as provided
19in subsection (f).
20 (e) Crime laboratory funds shall be established as follows:
21 (1) Any unit of local government which maintains a
22 crime laboratory may establish a crime laboratory fund
23 within the office of the county or municipal treasurer.
24 (2) Any combination of units of local government which
25 maintains a crime laboratory may establish a crime
26 laboratory fund within the office of the treasurer of the

HB1440- 34 -LRB101 08023 SLF 53084 b
1 county where the crime laboratory is situated.
2 (3) The State Crime Laboratory Fund is hereby created
3 as a special fund in the State Treasury.
4 (f) The analysis fee provided for in subsections (b) and
5(c) of this Section shall be forwarded to the office of the
6treasurer of the unit of local government that performed the
7analysis if that unit of local government has established a
8crime laboratory fund, or to the State Crime Laboratory Fund if
9the analysis was performed by a laboratory operated by the
10Illinois State Police. If the analysis was performed by a crime
11laboratory funded by a combination of units of local
12government, the analysis fee shall be forwarded to the
13treasurer of the county where the crime laboratory is situated
14if a crime laboratory fund has been established in that county.
15If the unit of local government or combination of units of
16local government has not established a crime laboratory fund,
17then the analysis fee shall be forwarded to the State Crime
18Laboratory Fund. The clerk of the circuit court may retain the
19amount of $10 from each collected analysis fee to offset
20administrative costs incurred in carrying out the clerk's
21responsibilities under this Section.
22 (g) Fees deposited into a crime laboratory fund created
23pursuant to paragraphs (1) or (2) of subsection (e) of this
24Section shall be in addition to any allocations made pursuant
25to existing law and shall be designated for the exclusive use
26of the crime laboratory. These uses may include, but are not

HB1440- 35 -LRB101 08023 SLF 53084 b
1limited to, the following:
2 (1) costs incurred in providing analysis for
3 controlled substances in connection with criminal
4 investigations conducted within this State;
5 (2) purchase and maintenance of equipment for use in
6 performing analyses; and
7 (3) continuing education, training and professional
8 development of forensic scientists regularly employed by
9 these laboratories.
10 (h) Fees deposited in the State Crime Laboratory Fund
11created pursuant to paragraph (3) of subsection (d) of this
12Section shall be used by State crime laboratories as designated
13by the Director of State Police. These funds shall be in
14addition to any allocations made pursuant to existing law and
15shall be designated for the exclusive use of State crime
16laboratories or for the sexual assault evidence tracking system
17created under Section 50 of the Sexual Assault Evidence
18Submission Act. These uses may include those enumerated in
19subsection (g) of this Section.
20(Source: P.A. 94-556, eff. 9-11-05.)
21 (Text of Section after 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,
25substantially funded by a unit or combination of units of local

HB1440- 36 -LRB101 08023 SLF 53084 b
1government or the State of Illinois, which regularly employs at
2least one person engaged in the analysis of controlled
3substances, cannabis, methamphetamine, or steroids for
4criminal justice agencies in criminal matters and provides
5testimony with respect to such examinations.
6 (b) (Blank).
7 (c) In addition to any other disposition made pursuant to
8the provisions of the Juvenile Court Act of 1987, any minor
9adjudicated delinquent for an offense which if committed by an
10adult would constitute a violation of the Cannabis Control Act,
11the Illinois Controlled Substances Act, the Methamphetamine
12Control and Community Protection Act, or the Steroid Control
13Act shall be required to pay a criminal laboratory analysis
14assessment of $100 for each adjudication. Upon verified
15petition of the minor, the court may suspend payment of all or
16part of the assessment if it finds that the minor does not have
17the ability to pay the assessment. The parent, guardian or
18legal custodian of the minor may pay some or all of such
19assessment on the minor's behalf.
20 (d) All criminal laboratory analysis fees provided for by
21this Section shall be collected by the clerk of the court and
22forwarded to the appropriate crime laboratory fund as provided
23in subsection (f).
24 (e) Crime laboratory funds shall be established as follows:
25 (1) Any unit of local government which maintains a
26 crime laboratory may establish a crime laboratory fund

HB1440- 37 -LRB101 08023 SLF 53084 b
1 within the office of the county or municipal treasurer.
2 (2) Any combination of units of local government which
3 maintains a crime laboratory may establish a crime
4 laboratory fund within the office of the treasurer of the
5 county where the crime laboratory is situated.
6 (3) The State Crime Laboratory Fund is hereby created
7 as a special fund in the State Treasury.
8 (f) The analysis assessment provided for in subsection (c)
9of this Section shall be forwarded to the office of the
10treasurer of the unit of local government that performed the
11analysis if that unit of local government has established a
12crime laboratory fund, or to the State Crime Laboratory Fund if
13the analysis was performed by a laboratory operated by the
14Illinois State Police. If the analysis was performed by a crime
15laboratory funded by a combination of units of local
16government, the analysis assessment shall be forwarded to the
17treasurer of the county where the crime laboratory is situated
18if a crime laboratory fund has been established in that county.
19If the unit of local government or combination of units of
20local government has not established a crime laboratory fund,
21then the analysis assessment shall be forwarded to the State
22Crime Laboratory Fund.
23 (g) Moneys deposited into a crime laboratory fund created
24pursuant to paragraphs (1) or (2) of subsection (e) of this
25Section shall be in addition to any allocations made pursuant
26to existing law and shall be designated for the exclusive use

HB1440- 38 -LRB101 08023 SLF 53084 b
1of the crime laboratory. These uses may include, but are not
2limited to, the following:
3 (1) costs incurred in providing analysis for
4 controlled substances in connection with criminal
5 investigations conducted within this State;
6 (2) purchase and maintenance of equipment for use in
7 performing analyses; and
8 (3) continuing education, training and professional
9 development of forensic scientists regularly employed by
10 these laboratories.
11 (h) Moneys deposited in the State Crime Laboratory Fund
12created pursuant to paragraph (3) of subsection (d) of this
13Section shall be used by State crime laboratories as designated
14by the Director of State Police. These funds shall be in
15addition to any allocations made pursuant to existing law and
16shall be designated for the exclusive use of State crime
17laboratories or for the sexual assault evidence tracking system
18created under Section 50 of the Sexual Assault Evidence
19Submission Act. These uses may include those enumerated in
20subsection (g) of this Section.
21(Source: P.A. 100-987, eff. 7-1-19.)
22 Section 90. The State Mandates Act is amended by adding
23Section 8.43 as follows:
24 (30 ILCS 805/8.43 new)

HB1440- 39 -LRB101 08023 SLF 53084 b
1 Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8
2of this Act, no reimbursement by the State is required for the
3implementation of any mandate created by this amendatory Act of
4the 101st General Assembly.
5 Section 95. No acceleration or delay. Where this Act makes
6changes in a statute that is represented in this Act by text
7that is not yet or no longer in effect (for example, a Section
8represented by multiple versions), the use of that text does
9not accelerate or delay the taking effect of (i) the changes
10made by this Act or (ii) provisions derived from any other
11Public Act.
12 Section 99. Effective date. This Act takes effect upon
13becoming law.

HB1440- 40 -LRB101 08023 SLF 53084 b
1 INDEX
2 Statutes amended in order of appearance