Bill Text: IL HB1739 | 2021-2022 | 102nd General Assembly | Enrolled

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

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Bill Title: Amends the Sexual Assault Survivors Emergency Treatment Act. Makes changes to effective and repeal dates. Amends the Code of Criminal Procedure of 1963. Provides that in a prosecution of any violent crime as defined in the Rights of Crime Victims and Witnesses Act, the court may set any conditions it finds just and appropriate on the taking of testimony of a victim who is a child under the age of 18 years or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability, involving the use of a facility dog in any proceeding involving that offense. Amends the Rights of Crime Victims and Witnesses Act. Provides that the office of the State's Attorney shall consult with the crime victim regarding the State's Attorney's decision not to charge an offense and that the victim has the right to have an attorney, advocate, and other support person of the victim's choice attend this consultation with them. Provides that the office of the State's Attorney shall give the crime victim timely notice of any decision not to pursue charges and consider the safety of the victim when deciding how to give such notice. Provides that no later than January 1, 2023, the Office of the Attorney General shall: (1) designate an administrative authority within the Office of the Attorney General to receive and investigate complaints relating to the provision or violation of the rights of a crime victim; (2) create and administer a course of training for employees and offices of the State of Illinois that fail to comply with provisions of Illinois law pertaining to the treatment of crime victims; and (3) have the authority to make recommendations to employees and offices of the State of Illinois to respond more effectively to the needs of crime victims, including regarding the violation of the rights of a crime victim. Provides for penalties for violations of victim's rights by certain offices and employees. Provides that a prosecuting attorney who seeks to subpoena information or records concerning the victim that are confidential or privileged by law must first request the written consent of the crime victim. Amends the Sexual Assault Evidence Submission Act. In a provision concerning the sexual assault evidence tracking system, provides that the Illinois State Police may (rather than shall) develop rules to implement a sexual assault evidence tracking system. Amends the Sexual Assault Incident Procedure Act. Provides for victim notification under specified circumstances in various provisions. Makes other changes. Effective immediately.

Sponsorship: Partisan Bill (Democrat 9)

Status: (Passed) 2021-06-25 - Public Act . . . . . . . . . 102-0022 [HB1739 Detail]

Download: Illinois-2021-HB1739-Enrolled.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Sections 1a, 1a-1, 2,
2-1, 2.05, 2.05-1, 2.06, 2.06-1, 2.1, 2.1-1, 2.2, 2.2-1, 3,
3-1, 5, 5-1, 5.1, 5.1-1, 5.2, 5.2-1, 5.3, 5.3-1, 5.5, 5.5-1,
6.1, 6.1-1, 6.2, 6.2-1, 6.4, 6.4-1, 6.5, 6.5-1, 6.6, 6.6-1, 7,
7-1, 7.5, 7.5-1, 8, 8-1, 10, and 10-1 as follows:
(410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
Sec. 1a. Definitions.
(a) In this Act:
"Advanced practice registered nurse" has the meaning
provided in Section 50-10 of the Nurse Practice Act.
"Ambulance provider" means an individual or entity that
owns and operates a business or service using ambulances or
emergency medical services vehicles to transport emergency
patients.
"Approved pediatric health care facility" means a health
care facility, other than a hospital, with a sexual assault
treatment plan approved by the Department to provide medical
forensic services to pediatric sexual assault survivors who
present with a complaint of sexual assault within a minimum of

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the last 7 days or who have disclosed past sexual assault by a
specific individual and were in the care of that individual
within a minimum of the last 7 days.
"Areawide sexual assault treatment plan" means a plan,
developed by hospitals or by hospitals and approved pediatric
health care facilities in a community or area to be served,
which provides for medical forensic services to sexual assault
survivors that shall be made available by each of the
participating hospitals and approved pediatric health care
facilities.
"Board-certified child abuse pediatrician" means a
physician certified by the American Board of Pediatrics in
child abuse pediatrics.
"Board-eligible child abuse pediatrician" means a
physician who has completed the requirements set forth by the
American Board of Pediatrics to take the examination for
certification in child abuse pediatrics.
"Department" means the Department of Public Health.
"Emergency contraception" means medication as approved by
the federal Food and Drug Administration (FDA) that can
significantly reduce the risk of pregnancy if taken within 72
hours after sexual assault.
"Follow-up healthcare" means healthcare services related
to a sexual assault, including laboratory services and
pharmacy services, rendered within 90 days of the initial
visit for medical forensic services.

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"Health care professional" means a physician, a physician
assistant, a sexual assault forensic examiner, an advanced
practice registered nurse, a registered professional nurse, a
licensed practical nurse, or a sexual assault nurse examiner.
"Hospital" means a hospital licensed under the Hospital
Licensing Act or operated under the University of Illinois
Hospital Act, any outpatient center included in the hospital's
sexual assault treatment plan where hospital employees provide
medical forensic services, and an out-of-state hospital that
has consented to the jurisdiction of the Department under
Section 2.06.
"Illinois State Police Sexual Assault Evidence Collection
Kit" means a prepackaged set of materials and forms to be used
for the collection of evidence relating to sexual assault. The
standardized evidence collection kit for the State of Illinois
shall be the Illinois State Police Sexual Assault Evidence
Collection Kit.
"Law enforcement agency having jurisdiction" means the law
enforcement agency in the jurisdiction where an alleged sexual
assault or sexual abuse occurred.
"Licensed practical nurse" has the meaning provided in
Section 50-10 of the Nurse Practice Act.
"Medical forensic services" means health care delivered to
patients within or under the care and supervision of personnel
working in a designated emergency department of a hospital or
an approved pediatric health care facility. "Medical forensic

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services" includes, but is not limited to, taking a medical
history, performing photo documentation, performing a physical
and anogenital examination, assessing the patient for evidence
collection, collecting evidence in accordance with a statewide
sexual assault evidence collection program administered by the
Department of State Police using the Illinois State Police
Sexual Assault Evidence Collection Kit, if appropriate,
assessing the patient for drug-facilitated or
alcohol-facilitated sexual assault, providing an evaluation of
and care for sexually transmitted infection and human
immunodeficiency virus (HIV), pregnancy risk evaluation and
care, and discharge and follow-up healthcare planning.
"Pediatric health care facility" means a clinic or
physician's office that provides medical services to pediatric
patients.
"Pediatric sexual assault survivor" means a person under
the age of 13 who presents for medical forensic services in
relation to injuries or trauma resulting from a sexual
assault.
"Photo documentation" means digital photographs or
colposcope videos stored and backed up securely in the
original file format.
"Physician" means a person licensed to practice medicine
in all its branches.
"Physician assistant" has the meaning provided in Section
4 of the Physician Assistant Practice Act of 1987.

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"Prepubescent sexual assault survivor" means a female who
is under the age of 18 years and has not had a first menstrual
cycle or a male who is under the age of 18 years and has not
started to develop secondary sex characteristics who presents
for medical forensic services in relation to injuries or
trauma resulting from a sexual assault.
"Qualified medical provider" means a board-certified child
abuse pediatrician, board-eligible child abuse pediatrician, a
sexual assault forensic examiner, or a sexual assault nurse
examiner who has access to photo documentation tools, and who
participates in peer review.
"Registered Professional Nurse" has the meaning provided
in Section 50-10 of the Nurse Practice Act.
"Sexual assault" means:
(1) an act of sexual conduct; as used in this
paragraph, "sexual conduct" has the meaning provided under
Section 11-0.1 of the Criminal Code of 2012; or
(2) any act of sexual penetration; as used in this
paragraph, "sexual penetration" has the meaning provided
under Section 11-0.1 of the Criminal Code of 2012 and
includes, without limitation, acts prohibited under
Sections 11-1.20 through 11-1.60 of the Criminal Code of
2012.
"Sexual assault forensic examiner" means a physician or
physician assistant who has completed training that meets or
is substantially similar to the Sexual Assault Nurse Examiner

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Education Guidelines established by the International
Association of Forensic Nurses.
"Sexual assault nurse examiner" means an advanced practice
registered nurse or registered professional nurse who has
completed a sexual assault nurse examiner training program
that meets the Sexual Assault Nurse Examiner Education
Guidelines established by the International Association of
Forensic Nurses.
"Sexual assault services voucher" means a document
generated by a hospital or approved pediatric health care
facility at the time the sexual assault survivor receives
outpatient medical forensic services that may be used to seek
payment for any ambulance services, medical forensic services,
laboratory services, pharmacy services, and follow-up
healthcare provided as a result of the sexual assault.
"Sexual assault survivor" means a person who presents for
medical forensic services in relation to injuries or trauma
resulting from a sexual assault.
"Sexual assault transfer plan" means a written plan
developed by a hospital and approved by the Department, which
describes the hospital's procedures for transferring sexual
assault survivors to another hospital, and an approved
pediatric health care facility, if applicable, in order to
receive medical forensic services.
"Sexual assault treatment plan" means a written plan that
describes the procedures and protocols for providing medical

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forensic services to sexual assault survivors who present
themselves for such services, either directly or through
transfer from a hospital or an approved pediatric health care
facility.
"Transfer hospital" means a hospital with a sexual assault
transfer plan approved by the Department.
"Transfer services" means the appropriate medical
screening examination and necessary stabilizing treatment
prior to the transfer of a sexual assault survivor to a
hospital or an approved pediatric health care facility that
provides medical forensic services to sexual assault survivors
pursuant to a sexual assault treatment plan or areawide sexual
assault treatment plan.
"Treatment hospital" means a hospital with a sexual
assault treatment plan approved by the Department to provide
medical forensic services to all sexual assault survivors who
present with a complaint of sexual assault within a minimum of
the last 7 days or who have disclosed past sexual assault by a
specific individual and were in the care of that individual
within a minimum of the last 7 days.
"Treatment hospital with approved pediatric transfer"
means a hospital with a treatment plan approved by the
Department to provide medical forensic services to sexual
assault survivors 13 years old or older who present with a
complaint of sexual assault within a minimum of the last 7 days
or who have disclosed past sexual assault by a specific

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individual and were in the care of that individual within a
minimum of the last 7 days.
(b) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19;
101-81, eff. 7-12-19; 101-634, eff. 6-5-20.)
(410 ILCS 70/1a-1)
(Section scheduled to be repealed on June 30, 2021)
Sec. 1a-1. Definitions.
(a) In this Act:
"Advanced practice registered nurse" has the meaning
provided in Section 50-10 of the Nurse Practice Act.
"Ambulance provider" means an individual or entity that
owns and operates a business or service using ambulances or
emergency medical services vehicles to transport emergency
patients.
"Approved pediatric health care facility" means a health
care facility, other than a hospital, with a sexual assault
treatment plan approved by the Department to provide medical
forensic services to pediatric sexual assault survivors who
present with a complaint of sexual assault within a minimum of
the last 7 days or who have disclosed past sexual assault by a
specific individual and were in the care of that individual
within a minimum of the last 7 days.
"Approved federally qualified health center" means a

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facility as defined in Section 1905(l)(2)(B) of the federal
Social Security Act with a sexual assault treatment plan
approved by the Department to provide medical forensic
services to sexual assault survivors 13 years old or older who
present with a complaint of sexual assault within a minimum of
the last 7 days or who have disclosed past sexual assault by a
specific individual and were in the care of that individual
within a minimum of the last 7 days.
"Areawide sexual assault treatment plan" means a plan,
developed by hospitals or by hospitals, approved pediatric
health care facilities, and approved federally qualified
health centers in a community or area to be served, which
provides for medical forensic services to sexual assault
survivors that shall be made available by each of the
participating hospitals and approved pediatric health care
facilities.
"Board-certified child abuse pediatrician" means a
physician certified by the American Board of Pediatrics in
child abuse pediatrics.
"Board-eligible child abuse pediatrician" means a
physician who has completed the requirements set forth by the
American Board of Pediatrics to take the examination for
certification in child abuse pediatrics.
"Department" means the Department of Public Health.
"Emergency contraception" means medication as approved by
the federal Food and Drug Administration (FDA) that can

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significantly reduce the risk of pregnancy if taken within 72
hours after sexual assault.
"Federally qualified health center" means a facility as
defined in Section 1905(l)(2)(B) of the federal Social
Security Act that provides primary care or sexual health
services.
"Follow-up healthcare" means healthcare services related
to a sexual assault, including laboratory services and
pharmacy services, rendered within 90 days of the initial
visit for medical forensic services.
"Health care professional" means a physician, a physician
assistant, a sexual assault forensic examiner, an advanced
practice registered nurse, a registered professional nurse, a
licensed practical nurse, or a sexual assault nurse examiner.
"Hospital" means a hospital licensed under the Hospital
Licensing Act or operated under the University of Illinois
Hospital Act, any outpatient center included in the hospital's
sexual assault treatment plan where hospital employees provide
medical forensic services, and an out-of-state hospital that
has consented to the jurisdiction of the Department under
Section 2.06-1.
"Illinois State Police Sexual Assault Evidence Collection
Kit" means a prepackaged set of materials and forms to be used
for the collection of evidence relating to sexual assault. The
standardized evidence collection kit for the State of Illinois
shall be the Illinois State Police Sexual Assault Evidence

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Collection Kit.
"Law enforcement agency having jurisdiction" means the law
enforcement agency in the jurisdiction where an alleged sexual
assault or sexual abuse occurred.
"Licensed practical nurse" has the meaning provided in
Section 50-10 of the Nurse Practice Act.
"Medical forensic services" means health care delivered to
patients within or under the care and supervision of personnel
working in a designated emergency department of a hospital,
approved pediatric health care facility, or an approved
federally qualified health centers.
"Medical forensic services" includes, but is not limited
to, taking a medical history, performing photo documentation,
performing a physical and anogenital examination, assessing
the patient for evidence collection, collecting evidence in
accordance with a statewide sexual assault evidence collection
program administered by the Department of State Police using
the Illinois State Police Sexual Assault Evidence Collection
Kit, if appropriate, assessing the patient for
drug-facilitated or alcohol-facilitated sexual assault,
providing an evaluation of and care for sexually transmitted
infection and human immunodeficiency virus (HIV), pregnancy
risk evaluation and care, and discharge and follow-up
healthcare planning.
"Pediatric health care facility" means a clinic or
physician's office that provides medical services to pediatric

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patients.
"Pediatric sexual assault survivor" means a person under
the age of 13 who presents for medical forensic services in
relation to injuries or trauma resulting from a sexual
assault.
"Photo documentation" means digital photographs or
colposcope videos stored and backed up securely in the
original file format.
"Physician" means a person licensed to practice medicine
in all its branches.
"Physician assistant" has the meaning provided in Section
4 of the Physician Assistant Practice Act of 1987.
"Prepubescent sexual assault survivor" means a female who
is under the age of 18 years and has not had a first menstrual
cycle or a male who is under the age of 18 years and has not
started to develop secondary sex characteristics who presents
for medical forensic services in relation to injuries or
trauma resulting from a sexual assault.
"Qualified medical provider" means a board-certified child
abuse pediatrician, board-eligible child abuse pediatrician, a
sexual assault forensic examiner, or a sexual assault nurse
examiner who has access to photo documentation tools, and who
participates in peer review.
"Registered Professional Nurse" has the meaning provided
in Section 50-10 of the Nurse Practice Act.
"Sexual assault" means:

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(1) an act of sexual conduct; as used in this
paragraph, "sexual conduct" has the meaning provided under
Section 11-0.1 of the Criminal Code of 2012; or
(2) any act of sexual penetration; as used in this
paragraph, "sexual penetration" has the meaning provided
under Section 11-0.1 of the Criminal Code of 2012 and
includes, without limitation, acts prohibited under
Sections 11-1.20 through 11-1.60 of the Criminal Code of
2012.
"Sexual assault forensic examiner" means a physician or
physician assistant who has completed training that meets or
is substantially similar to the Sexual Assault Nurse Examiner
Education Guidelines established by the International
Association of Forensic Nurses.
"Sexual assault nurse examiner" means an advanced practice
registered nurse or registered professional nurse who has
completed a sexual assault nurse examiner training program
that meets the Sexual Assault Nurse Examiner Education
Guidelines established by the International Association of
Forensic Nurses.
"Sexual assault services voucher" means a document
generated by a hospital or approved pediatric health care
facility at the time the sexual assault survivor receives
outpatient medical forensic services that may be used to seek
payment for any ambulance services, medical forensic services,
laboratory services, pharmacy services, and follow-up

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healthcare provided as a result of the sexual assault.
"Sexual assault survivor" means a person who presents for
medical forensic services in relation to injuries or trauma
resulting from a sexual assault.
"Sexual assault transfer plan" means a written plan
developed by a hospital and approved by the Department, which
describes the hospital's procedures for transferring sexual
assault survivors to another hospital, and an approved
pediatric health care facility, if applicable, in order to
receive medical forensic services.
"Sexual assault treatment plan" means a written plan that
describes the procedures and protocols for providing medical
forensic services to sexual assault survivors who present
themselves for such services, either directly or through
transfer from a hospital or an approved pediatric health care
facility.
"Transfer hospital" means a hospital with a sexual assault
transfer plan approved by the Department.
"Transfer services" means the appropriate medical
screening examination and necessary stabilizing treatment
prior to the transfer of a sexual assault survivor to a
hospital or an approved pediatric health care facility that
provides medical forensic services to sexual assault survivors
pursuant to a sexual assault treatment plan or areawide sexual
assault treatment plan.
"Treatment hospital" means a hospital with a sexual

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assault treatment plan approved by the Department to provide
medical forensic services to all sexual assault survivors who
present with a complaint of sexual assault within a minimum of
the last 7 days or who have disclosed past sexual assault by a
specific individual and were in the care of that individual
within a minimum of the last 7 days.
"Treatment hospital with approved pediatric transfer"
means a hospital with a treatment plan approved by the
Department to provide medical forensic services to sexual
assault survivors 13 years old or older who present with a
complaint of sexual assault within a minimum of the last 7 days
or who have disclosed past sexual assault by a specific
individual and were in the care of that individual within a
minimum of the last 7 days.
(b) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
(410 ILCS 70/2) (from Ch. 111 1/2, par. 87-2)
Sec. 2. Hospital and approved pediatric health care
facility requirements for sexual assault plans.
(a) Every hospital required to be licensed by the
Department pursuant to the Hospital Licensing Act, or operated
under the University of Illinois Hospital Act that provides
general medical and surgical hospital services shall provide
either (i) transfer services to all sexual assault survivors,
(ii) medical forensic services to all sexual assault

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survivors, or (iii) transfer services to pediatric sexual
assault survivors and medical forensic services to sexual
assault survivors 13 years old or older, in accordance with
rules adopted by the Department.
In addition, every such hospital, regardless of whether or
not a request is made for reimbursement, shall submit to the
Department a plan to provide either (i) transfer services to
all sexual assault survivors, (ii) medical forensic services
to all sexual assault survivors, or (iii) transfer services to
pediatric sexual assault survivors and medical forensic
services to sexual assault survivors 13 years old or older.
The Department shall approve such plan for either (i) transfer
services to all sexual assault survivors, (ii) medical
forensic services to all sexual assault survivors, or (iii)
transfer services to pediatric sexual assault survivors and
medical forensic services to sexual assault survivors 13 years
old or older, if it finds that the implementation of the
proposed plan would provide (i) transfer services or (ii)
medical forensic services for sexual assault survivors in
accordance with the requirements of this Act and provide
sufficient protections from the risk of pregnancy to sexual
assault survivors. Notwithstanding anything to the contrary in
this paragraph, the Department may approve a sexual assault
transfer plan for the provision of medical forensic services
until January 1, 2022 if:
(1) a treatment hospital with approved pediatric

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transfer has agreed, as part of an areawide treatment
plan, to accept sexual assault survivors 13 years of age
or older from the proposed transfer hospital, if the
treatment hospital with approved pediatric transfer is
geographically closer to the transfer hospital than a
treatment hospital or another treatment hospital with
approved pediatric transfer and such transfer is not
unduly burdensome on the sexual assault survivor; and
(2) a treatment hospital has agreed, as a part of an
areawide treatment plan, to accept sexual assault
survivors under 13 years of age from the proposed transfer
hospital and transfer to the treatment hospital would not
unduly burden the sexual assault survivor.
The Department may not approve a sexual assault transfer
plan unless a treatment hospital has agreed, as a part of an
areawide treatment plan, to accept sexual assault survivors
from the proposed transfer hospital and a transfer to the
treatment hospital would not unduly burden the sexual assault
survivor.
In counties with a population of less than 1,000,000, the
Department may not approve a sexual assault transfer plan for
a hospital located within a 20-mile radius of a 4-year public
university, not including community colleges, unless there is
a treatment hospital with a sexual assault treatment plan
approved by the Department within a 20-mile radius of the
4-year public university.

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A transfer must be in accordance with federal and State
laws and local ordinances.
A treatment hospital with approved pediatric transfer must
submit an areawide treatment plan under Section 3 of this Act
that includes a written agreement with a treatment hospital
stating that the treatment hospital will provide medical
forensic services to pediatric sexual assault survivors
transferred from the treatment hospital with approved
pediatric transfer. The areawide treatment plan may also
include an approved pediatric health care facility.
A transfer hospital must submit an areawide treatment plan
under Section 3 of this Act that includes a written agreement
with a treatment hospital stating that the treatment hospital
will provide medical forensic services to all sexual assault
survivors transferred from the transfer hospital. The areawide
treatment plan may also include an approved pediatric health
care facility. Notwithstanding anything to the contrary in
this paragraph, until January 1, 2022, the areawide treatment
plan may include a written agreement with a treatment hospital
with approved pediatric transfer that is geographically closer
than other hospitals providing medical forensic services to
sexual assault survivors 13 years of age or older stating that
the treatment hospital with approved pediatric transfer will
provide medical services to sexual assault survivors 13 years
of age or older who are transferred from the transfer
hospital. If the areawide treatment plan includes a written

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agreement with a treatment hospital with approved pediatric
transfer, it must also include a written agreement with a
treatment hospital stating that the treatment hospital will
provide medical forensic services to sexual assault survivors
under 13 years of age who are transferred from the transfer
hospital.
Beginning January 1, 2019, each treatment hospital and
treatment hospital with approved pediatric transfer shall
ensure that emergency department attending physicians,
physician assistants, advanced practice registered nurses, and
registered professional nurses providing clinical services,
who do not meet the definition of a qualified medical provider
in Section 1a of this Act, receive a minimum of 2 hours of
sexual assault training by July 1, 2020 or until the treatment
hospital or treatment hospital with approved pediatric
transfer certifies to the Department, in a form and manner
prescribed by the Department, that it employs or contracts
with a qualified medical provider in accordance with
subsection (a-7) of Section 5, whichever occurs first.
After July 1, 2020 or once a treatment hospital or a
treatment hospital with approved pediatric transfer certifies
compliance with subsection (a-7) of Section 5, whichever
occurs first, each treatment hospital and treatment hospital
with approved pediatric transfer shall ensure that emergency
department attending physicians, physician assistants,
advanced practice registered nurses, and registered

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professional nurses providing clinical services, who do not
meet the definition of a qualified medical provider in Section
1a of this Act, receive a minimum of 2 hours of continuing
education on responding to sexual assault survivors every 2
years. Protocols for training shall be included in the
hospital's sexual assault treatment plan.
Sexual assault training provided under this subsection may
be provided in person or online and shall include, but not be
limited to:
(1) information provided on the provision of medical
forensic services;
(2) information on the use of the Illinois Sexual
Assault Evidence Collection Kit;
(3) information on sexual assault epidemiology,
neurobiology of trauma, drug-facilitated sexual assault,
child sexual abuse, and Illinois sexual assault-related
laws; and
(4) information on the hospital's sexual
assault-related policies and procedures.
The online training made available by the Office of the
Attorney General under subsection (b) of Section 10 may be
used to comply with this subsection.
(b) An approved pediatric health care facility may provide
medical forensic services, in accordance with rules adopted by
the Department, to all pediatric sexual assault survivors who
present for medical forensic services in relation to injuries

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or trauma resulting from a sexual assault. These services
shall be provided by a qualified medical provider.
A pediatric health care facility must participate in or
submit an areawide treatment plan under Section 3 of this Act
that includes a treatment hospital. If a pediatric health care
facility does not provide certain medical or surgical services
that are provided by hospitals, the areawide sexual assault
treatment plan must include a procedure for ensuring a sexual
assault survivor in need of such medical or surgical services
receives the services at the treatment hospital. The areawide
treatment plan may also include a treatment hospital with
approved pediatric transfer.
The Department shall review a proposed sexual assault
treatment plan submitted by a pediatric health care facility
within 60 days after receipt of the plan. If the Department
finds that the proposed plan meets the minimum requirements
set forth in Section 5 of this Act and that implementation of
the proposed plan would provide medical forensic services for
pediatric sexual assault survivors, then the Department shall
approve the plan. If the Department does not approve a plan,
then the Department shall notify the pediatric health care
facility that the proposed plan has not been approved. The
pediatric health care facility shall have 30 days to submit a
revised plan. The Department shall review the revised plan
within 30 days after receipt of the plan and notify the
pediatric health care facility whether the revised plan is

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approved or rejected. A pediatric health care facility may not
provide medical forensic services to pediatric sexual assault
survivors who present with a complaint of sexual assault
within a minimum of the last 7 days or who have disclosed past
sexual assault by a specific individual and were in the care of
that individual within a minimum of the last 7 days until the
Department has approved a treatment plan.
If an approved pediatric health care facility is not open
24 hours a day, 7 days a week, it shall post signage at each
public entrance to its facility that:
(1) is at least 14 inches by 14 inches in size;
(2) directs those seeking services as follows: "If
closed, call 911 for services or go to the closest
hospital emergency department, (insert name) located at
(insert address).";
(3) lists the approved pediatric health care
facility's hours of operation;
(4) lists the street address of the building;
(5) has a black background with white bold capital
lettering in a clear and easy to read font that is at least
72-point type, and with "call 911" in at least 125-point
type;
(6) is posted clearly and conspicuously on or adjacent
to the door at each entrance and, if building materials
allow, is posted internally for viewing through glass; if
posted externally, the sign shall be made of

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weather-resistant and theft-resistant materials,
non-removable, and adhered permanently to the building;
and
(7) has lighting that is part of the sign itself or is
lit with a dedicated light that fully illuminates the
sign.
A copy of the proposed sign must be submitted to the
Department and approved as part of the approved pediatric
health care facility's sexual assault treatment plan.
(c) Each treatment hospital, treatment hospital with
approved pediatric transfer, and approved pediatric health
care facility must enter into a memorandum of understanding
with a rape crisis center for medical advocacy services, if
these services are available to the treatment hospital,
treatment hospital with approved pediatric transfer, or
approved pediatric health care facility. With the consent of
the sexual assault survivor, a rape crisis counselor shall
remain in the exam room during the collection for forensic
evidence.
(d) Every treatment hospital, treatment hospital with
approved pediatric transfer, and approved pediatric health
care facility's sexual assault treatment plan shall include
procedures for complying with mandatory reporting requirements
pursuant to (1) the Abused and Neglected Child Reporting Act;
(2) the Abused and Neglected Long Term Care Facility Residents
Reporting Act; (3) the Adult Protective Services Act; and (iv)

HB1739 Enrolled - 24 - LRB102 11380 KMF 16713 b
the Criminal Identification Act.
(e) Each treatment hospital, treatment hospital with
approved pediatric transfer, and approved pediatric health
care facility shall submit to the Department every 6 months,
in a manner prescribed by the Department, the following
information:
(1) The total number of patients who presented with a
complaint of sexual assault.
(2) The total number of Illinois Sexual Assault
Evidence Collection Kits:
(A) offered to (i) all sexual assault survivors
and (ii) pediatric sexual assault survivors pursuant
to paragraph (1.5) of subsection (a-5) of Section 5;
(B) completed for (i) all sexual assault survivors
and (ii) pediatric sexual assault survivors; and
(C) declined by (i) all sexual assault survivors
and (ii) pediatric sexual assault survivors.
This information shall be made available on the
Department's website.
(f) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-73, eff. 7-12-19;
101-634, eff. 6-5-20.)
(410 ILCS 70/2-1)
(Section scheduled to be repealed on June 30, 2021)

HB1739 Enrolled - 25 - LRB102 11380 KMF 16713 b
Sec. 2-1. Hospital, approved pediatric health care
facility, and approved federally qualified health center
requirements for sexual assault plans.
(a) Every hospital required to be licensed by the
Department pursuant to the Hospital Licensing Act, or operated
under the University of Illinois Hospital Act that provides
general medical and surgical hospital services shall provide
either (i) transfer services to all sexual assault survivors,
(ii) medical forensic services to all sexual assault
survivors, or (iii) transfer services to pediatric sexual
assault survivors and medical forensic services to sexual
assault survivors 13 years old or older, in accordance with
rules adopted by the Department.
In addition, every such hospital, regardless of whether or
not a request is made for reimbursement, shall submit to the
Department a plan to provide either (i) transfer services to
all sexual assault survivors, (ii) medical forensic services
to all sexual assault survivors, or (iii) transfer services to
pediatric sexual assault survivors and medical forensic
services to sexual assault survivors 13 years old or older.
The Department shall approve such plan for either (i) transfer
services to all sexual assault survivors, (ii) medical
forensic services to all sexual assault survivors, or (iii)
transfer services to pediatric sexual assault survivors and
medical forensic services to sexual assault survivors 13 years
old or older, if it finds that the implementation of the

HB1739 Enrolled - 26 - LRB102 11380 KMF 16713 b
proposed plan would provide (i) transfer services or (ii)
medical forensic services for sexual assault survivors in
accordance with the requirements of this Act and provide
sufficient protections from the risk of pregnancy to sexual
assault survivors. Notwithstanding anything to the contrary in
this paragraph, the Department may approve a sexual assault
transfer plan for the provision of medical forensic services
until January 1, 2022 if:
(1) a treatment hospital with approved pediatric
transfer has agreed, as part of an areawide treatment
plan, to accept sexual assault survivors 13 years of age
or older from the proposed transfer hospital, if the
treatment hospital with approved pediatric transfer is
geographically closer to the transfer hospital than a
treatment hospital or another treatment hospital with
approved pediatric transfer and such transfer is not
unduly burdensome on the sexual assault survivor; and
(2) a treatment hospital has agreed, as a part of an
areawide treatment plan, to accept sexual assault
survivors under 13 years of age from the proposed transfer
hospital and transfer to the treatment hospital would not
unduly burden the sexual assault survivor.
The Department may not approve a sexual assault transfer
plan unless a treatment hospital has agreed, as a part of an
areawide treatment plan, to accept sexual assault survivors
from the proposed transfer hospital and a transfer to the

HB1739 Enrolled - 27 - LRB102 11380 KMF 16713 b
treatment hospital would not unduly burden the sexual assault
survivor.
In counties with a population of less than 1,000,000, the
Department may not approve a sexual assault transfer plan for
a hospital located within a 20-mile radius of a 4-year public
university, not including community colleges, unless there is
a treatment hospital with a sexual assault treatment plan
approved by the Department within a 20-mile radius of the
4-year public university.
A transfer must be in accordance with federal and State
laws and local ordinances.
A treatment hospital with approved pediatric transfer must
submit an areawide treatment plan under Section 3-1 of this
Act that includes a written agreement with a treatment
hospital stating that the treatment hospital will provide
medical forensic services to pediatric sexual assault
survivors transferred from the treatment hospital with
approved pediatric transfer. The areawide treatment plan may
also include an approved pediatric health care facility.
A transfer hospital must submit an areawide treatment plan
under Section 3-1 of this Act that includes a written
agreement with a treatment hospital stating that the treatment
hospital will provide medical forensic services to all sexual
assault survivors transferred from the transfer hospital. The
areawide treatment plan may also include an approved pediatric
health care facility. Notwithstanding anything to the contrary

HB1739 Enrolled - 28 - LRB102 11380 KMF 16713 b
in this paragraph, until January 1, 2022, the areawide
treatment plan may include a written agreement with a
treatment hospital with approved pediatric transfer that is
geographically closer than other hospitals providing medical
forensic services to sexual assault survivors 13 years of age
or older stating that the treatment hospital with approved
pediatric transfer will provide medical services to sexual
assault survivors 13 years of age or older who are transferred
from the transfer hospital. If the areawide treatment plan
includes a written agreement with a treatment hospital with
approved pediatric transfer, it must also include a written
agreement with a treatment hospital stating that the treatment
hospital will provide medical forensic services to sexual
assault survivors under 13 years of age who are transferred
from the transfer hospital.
Beginning January 1, 2019, each treatment hospital and
treatment hospital with approved pediatric transfer shall
ensure that emergency department attending physicians,
physician assistants, advanced practice registered nurses, and
registered professional nurses providing clinical services,
who do not meet the definition of a qualified medical provider
in Section 1a-1 of this Act, receive a minimum of 2 hours of
sexual assault training by July 1, 2020 or until the treatment
hospital or treatment hospital with approved pediatric
transfer certifies to the Department, in a form and manner
prescribed by the Department, that it employs or contracts

HB1739 Enrolled - 29 - LRB102 11380 KMF 16713 b
with a qualified medical provider in accordance with
subsection (a-7) of Section 5-1, whichever occurs first.
After July 1, 2020 or once a treatment hospital or a
treatment hospital with approved pediatric transfer certifies
compliance with subsection (a-7) of Section 5-1, whichever
occurs first, each treatment hospital and treatment hospital
with approved pediatric transfer shall ensure that emergency
department attending physicians, physician assistants,
advanced practice registered nurses, and registered
professional nurses providing clinical services, who do not
meet the definition of a qualified medical provider in Section
1a-1 of this Act, receive a minimum of 2 hours of continuing
education on responding to sexual assault survivors every 2
years. Protocols for training shall be included in the
hospital's sexual assault treatment plan.
Sexual assault training provided under this subsection may
be provided in person or online and shall include, but not be
limited to:
(1) information provided on the provision of medical
forensic services;
(2) information on the use of the Illinois Sexual
Assault Evidence Collection Kit;
(3) information on sexual assault epidemiology,
neurobiology of trauma, drug-facilitated sexual assault,
child sexual abuse, and Illinois sexual assault-related
laws; and

HB1739 Enrolled - 30 - LRB102 11380 KMF 16713 b
(4) information on the hospital's sexual
assault-related policies and procedures.
The online training made available by the Office of the
Attorney General under subsection (b) of Section 10-1 may be
used to comply with this subsection.
(b) An approved pediatric health care facility may provide
medical forensic services, in accordance with rules adopted by
the Department, to all pediatric sexual assault survivors who
present for medical forensic services in relation to injuries
or trauma resulting from a sexual assault. These services
shall be provided by a qualified medical provider.
A pediatric health care facility must participate in or
submit an areawide treatment plan under Section 3-1 of this
Act that includes a treatment hospital. If a pediatric health
care facility does not provide certain medical or surgical
services that are provided by hospitals, the areawide sexual
assault treatment plan must include a procedure for ensuring a
sexual assault survivor in need of such medical or surgical
services receives the services at the treatment hospital. The
areawide treatment plan may also include a treatment hospital
with approved pediatric transfer.
The Department shall review a proposed sexual assault
treatment plan submitted by a pediatric health care facility
within 60 days after receipt of the plan. If the Department
finds that the proposed plan meets the minimum requirements
set forth in Section 5-1 of this Act and that implementation of

HB1739 Enrolled - 31 - LRB102 11380 KMF 16713 b
the proposed plan would provide medical forensic services for
pediatric sexual assault survivors, then the Department shall
approve the plan. If the Department does not approve a plan,
then the Department shall notify the pediatric health care
facility that the proposed plan has not been approved. The
pediatric health care facility shall have 30 days to submit a
revised plan. The Department shall review the revised plan
within 30 days after receipt of the plan and notify the
pediatric health care facility whether the revised plan is
approved or rejected. A pediatric health care facility may not
provide medical forensic services to pediatric sexual assault
survivors who present with a complaint of sexual assault
within a minimum of the last 7 days or who have disclosed past
sexual assault by a specific individual and were in the care of
that individual within a minimum of the last 7 days until the
Department has approved a treatment plan.
If an approved pediatric health care facility is not open
24 hours a day, 7 days a week, it shall post signage at each
public entrance to its facility that:
(1) is at least 14 inches by 14 inches in size;
(2) directs those seeking services as follows: "If
closed, call 911 for services or go to the closest
hospital emergency department, (insert name) located at
(insert address).";
(3) lists the approved pediatric health care
facility's hours of operation;

HB1739 Enrolled - 32 - LRB102 11380 KMF 16713 b
(4) lists the street address of the building;
(5) has a black background with white bold capital
lettering in a clear and easy to read font that is at least
72-point type, and with "call 911" in at least 125-point
type;
(6) is posted clearly and conspicuously on or adjacent
to the door at each entrance and, if building materials
allow, is posted internally for viewing through glass; if
posted externally, the sign shall be made of
weather-resistant and theft-resistant materials,
non-removable, and adhered permanently to the building;
and
(7) has lighting that is part of the sign itself or is
lit with a dedicated light that fully illuminates the
sign.
(b-5) An approved federally qualified health center may
provide medical forensic services, in accordance with rules
adopted by the Department, to all sexual assault survivors 13
years old or older who present for medical forensic services
in relation to injuries or trauma resulting from a sexual
assault during the duration, and 90 days thereafter, of a
proclamation issued by the Governor declaring a disaster, or a
successive proclamation regarding the same disaster, in all
102 counties due to a public health emergency. These services
shall be provided by (i) a qualified medical provider,
physician, physician assistant, or advanced practice

HB1739 Enrolled - 33 - LRB102 11380 KMF 16713 b
registered nurse who has received a minimum of 10 hours of
sexual assault training provided by a qualified medical
provider on current Illinois legislation, how to properly
perform a medical forensic examination, evidence collection,
drug and alcohol facilitated sexual assault, and forensic
photography and has all documentation and photos peer reviewed
by a qualified medical provider or (ii) until the federally
qualified health care center certifies to the Department, in a
form and manner prescribed by the Department, that it employs
or contracts with a qualified medical provider in accordance
with subsection (a-7) of Section 5-1, whichever occurs first.
A federally qualified health center must participate in or
submit an areawide treatment plan under Section 3-1 of this
Act that includes a treatment hospital. If a federally
qualified health center does not provide certain medical or
surgical services that are provided by hospitals, the areawide
sexual assault treatment plan must include a procedure for
ensuring a sexual assault survivor in need of such medical or
surgical services receives the services at the treatment
hospital. The areawide treatment plan may also include a
treatment hospital with approved pediatric transfer or an
approved pediatric health care facility.
The Department shall review a proposed sexual assault
treatment plan submitted by a federally qualified health
center within 14 days after receipt of the plan. If the
Department finds that the proposed plan meets the minimum

HB1739 Enrolled - 34 - LRB102 11380 KMF 16713 b
requirements set forth in Section 5-1 and that implementation
of the proposed plan would provide medical forensic services
for sexual assault survivors 13 years old or older, then the
Department shall approve the plan. If the Department does not
approve a plan, then the Department shall notify the federally
qualified health center that the proposed plan has not been
approved. The federally qualified health center shall have 14
days to submit a revised plan. The Department shall review the
revised plan within 14 days after receipt of the plan and
notify the federally qualified health center whether the
revised plan is approved or rejected. A federally qualified
health center may not (i) provide medical forensic services to
sexual assault survivors 13 years old or older who present
with a complaint of sexual assault within a minimum of the
previous 7 days or (ii) who have disclosed past sexual assault
by a specific individual and were in the care of that
individual within a minimum of the previous 7 days until the
Department has approved a treatment plan.
If an approved federally qualified health center is not
open 24 hours a day, 7 days a week, it shall post signage at
each public entrance to its facility that:
(1) is at least 14 inches by 14 inches in size;
(2) directs those seeking services as follows: "If
closed, call 911 for services or go to the closest
hospital emergency department, (insert name) located at
(insert address).";

HB1739 Enrolled - 35 - LRB102 11380 KMF 16713 b
(3) lists the approved federally qualified health
center's hours of operation;
(4) lists the street address of the building;
(5) has a black background with white bold capital
lettering in a clear and easy to read font that is at least
72-point type, and with "call 911" in at least 125-point
type;
(6) is posted clearly and conspicuously on or adjacent
to the door at each entrance and, if building materials
allow, is posted internally for viewing through glass; if
posted externally, the sign shall be made of
weather-resistant and theft-resistant materials,
non-removable, and adhered permanently to the building;
and
(7) has lighting that is part of the sign itself or is
lit with a dedicated light that fully illuminates the
sign.
A copy of the proposed sign must be submitted to the
Department and approved as part of the approved federally
qualified health center's sexual assault treatment plan.
(c) Each treatment hospital, treatment hospital with
approved pediatric transfer, approved pediatric health care
facility, and approved federally qualified health center must
enter into a memorandum of understanding with a rape crisis
center for medical advocacy services, if these services are
available to the treatment hospital, treatment hospital with

HB1739 Enrolled - 36 - LRB102 11380 KMF 16713 b
approved pediatric transfer, approved pediatric health care
facility, or approved federally qualified health center. With
the consent of the sexual assault survivor, a rape crisis
counselor shall remain in the exam room during the collection
for forensic evidence.
(d) Every treatment hospital, treatment hospital with
approved pediatric transfer, approved pediatric health care
facility, and approved federally qualified health center's
sexual assault treatment plan shall include procedures for
complying with mandatory reporting requirements pursuant to
(1) the Abused and Neglected Child Reporting Act; (2) the
Abused and Neglected Long Term Care Facility Residents
Reporting Act; (3) the Adult Protective Services Act; and (iv)
the Criminal Identification Act.
(e) Each treatment hospital, treatment hospital with
approved pediatric transfer, approved pediatric health care
facility, and approved federally qualified health center shall
submit to the Department every 6 months, in a manner
prescribed by the Department, the following information:
(1) The total number of patients who presented with a
complaint of sexual assault.
(2) The total number of Illinois Sexual Assault
Evidence Collection Kits:
(A) offered to (i) all sexual assault survivors
and (ii) pediatric sexual assault survivors pursuant
to paragraph (1.5) of subsection (a-5) of Section 5-1;

HB1739 Enrolled - 37 - LRB102 11380 KMF 16713 b
(B) completed for (i) all sexual assault survivors
and (ii) pediatric sexual assault survivors; and
(C) declined by (i) all sexual assault survivors
and (ii) pediatric sexual assault survivors.
This information shall be made available on the
Department's website.
(f) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
(410 ILCS 70/2.05)
Sec. 2.05. Department requirements.
(a) The Department shall periodically conduct on-site
reviews of approved sexual assault treatment plans with
hospital and approved pediatric health care facility personnel
to ensure that the established procedures are being followed.
Department personnel conducting the on-site reviews shall
attend 4 hours of sexual assault training conducted by a
qualified medical provider that includes, but is not limited
to, forensic evidence collection provided to sexual assault
survivors of any age and Illinois sexual assault-related laws
and administrative rules.
(b) On July 1, 2019 and each July 1 thereafter, the
Department shall submit a report to the General Assembly
containing information on the hospitals and pediatric health
care facilities in this State that have submitted a plan to
provide: (i) transfer services to all sexual assault

HB1739 Enrolled - 38 - LRB102 11380 KMF 16713 b
survivors, (ii) medical forensic services to all sexual
assault survivors, (iii) transfer services to pediatric sexual
assault survivors and medical forensic services to sexual
assault survivors 13 years old or older, or (iv) medical
forensic services to pediatric sexual assault survivors. The
Department shall post the report on its Internet website on or
before October 1, 2019 and, except as otherwise provided in
this Section, update the report every quarter thereafter. The
report shall include all of the following:
(1) Each hospital and pediatric care facility that has
submitted a plan, including the submission date of the
plan, type of plan submitted, and the date the plan was
approved or denied. If a pediatric health care facility
withdraws its plan, the Department shall immediately
update the report on its Internet website to remove the
pediatric health care facility's name and information.
(2) Each hospital that has failed to submit a plan as
required in subsection (a) of Section 2.
(3) Each hospital and approved pediatric care facility
that has to submit an acceptable Plan of Correction within
the time required by Section 2.1, including the date the
Plan of Correction was required to be submitted. Once a
hospital or approved pediatric health care facility
submits and implements the required Plan of Correction,
the Department shall immediately update the report on its
Internet website to reflect that hospital or approved

HB1739 Enrolled - 39 - LRB102 11380 KMF 16713 b
pediatric health care facility's compliance.
(4) Each hospital and approved pediatric care facility
at which the periodic on-site review required by Section
2.05 of this Act has been conducted, including the date of
the on-site review and whether the hospital or approved
pediatric care facility was found to be in compliance with
its approved plan.
(5) Each areawide treatment plan submitted to the
Department pursuant to Section 3 of this Act, including
which treatment hospitals, treatment hospitals with
approved pediatric transfer, transfer hospitals and
approved pediatric health care facilities are identified
in each areawide treatment plan.
(c) The Department, in consultation with the Office of the
Attorney General, shall adopt administrative rules by January
1, 2020 establishing a process for physicians and physician
assistants to provide documentation of training and clinical
experience that meets or is substantially similar to the
Sexual Assault Nurse Examiner Education Guidelines established
by the International Association of Forensic Nurses in order
to qualify as a sexual assault forensic examiner.
(d) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
(410 ILCS 70/2.05-1)

HB1739 Enrolled - 40 - LRB102 11380 KMF 16713 b
(Section scheduled to be repealed on June 30, 2021)
Sec. 2.05-1. Department requirements.
(a) The Department shall periodically conduct on-site
reviews of approved sexual assault treatment plans with
hospital, approved pediatric health care facility, and
approved federally qualified health care personnel to ensure
that the established procedures are being followed. Department
personnel conducting the on-site reviews shall attend 4 hours
of sexual assault training conducted by a qualified medical
provider that includes, but is not limited to, forensic
evidence collection provided to sexual assault survivors of
any age and Illinois sexual assault-related laws and
administrative rules.
(b) On July 1, 2019 and each July 1 thereafter, the
Department shall submit a report to the General Assembly
containing information on the hospitals, pediatric health care
facilities, and federally qualified health centers in this
State that have submitted a plan to provide: (i) transfer
services to all sexual assault survivors, (ii) medical
forensic services to all sexual assault survivors, (iii)
transfer services to pediatric sexual assault survivors and
medical forensic services to sexual assault survivors 13 years
old or older, or (iv) medical forensic services to pediatric
sexual assault survivors. The Department shall post the report
on its Internet website on or before October 1, 2019 and,
except as otherwise provided in this Section, update the

HB1739 Enrolled - 41 - LRB102 11380 KMF 16713 b
report every quarter thereafter. The report shall include all
of the following:
(1) Each hospital, pediatric care facility, and
federally qualified health center that has submitted a
plan, including the submission date of the plan, type of
plan submitted, and the date the plan was approved or
denied. If a pediatric health care facility withdraws its
plan, the Department shall immediately update the report
on its Internet website to remove the pediatric health
care facility's name and information.
(2) Each hospital that has failed to submit a plan as
required in subsection (a) of Section 2-1.
(3) Each hospital, approved pediatric care facility,
and federally qualified health center that has to submit
an acceptable Plan of Correction within the time required
by Section 2.1-1, including the date the Plan of
Correction was required to be submitted. Once a hospital,
approved pediatric health care facility, or approved
federally qualified health center submits and implements
the required Plan of Correction, the Department shall
immediately update the report on its Internet website to
reflect that hospital, approved pediatric health care
facility, or federally qualified health center's
compliance.
(4) Each hospital, approved pediatric care facility,
and federally qualified health center at which the

HB1739 Enrolled - 42 - LRB102 11380 KMF 16713 b
periodic on-site review required by Section 2.05-1 of this
Act has been conducted, including the date of the on-site
review and whether the hospital, approved pediatric care
facility, and federally qualified health center was found
to be in compliance with its approved plan.
(5) Each areawide treatment plan submitted to the
Department pursuant to Section 3-1 of this Act, including
which treatment hospitals, treatment hospitals with
approved pediatric transfer, transfer hospitals, approved
pediatric health care facilities, and approved federally
qualified health centers are identified in each areawide
treatment plan.
(6) During the duration, and 90 days thereafter, of a
proclamation issued by the Governor declaring a disaster,
or a successive proclamation regarding the same disaster,
in all 102 counties due to a public health emergency, the
Department shall immediately update the report on its
website to reflect each federally qualified health center
that has submitted a plan, including the submission date
of the plan, type of plan submitted, and the date the plan
was approved.
(c) The Department, in consultation with the Office of the
Attorney General, shall adopt administrative rules by January
1, 2020 establishing a process for physicians and physician
assistants to provide documentation of training and clinical
experience that meets or is substantially similar to the

HB1739 Enrolled - 43 - LRB102 11380 KMF 16713 b
Sexual Assault Nurse Examiner Education Guidelines established
by the International Association of Forensic Nurses in order
to qualify as a sexual assault forensic examiner.
(d) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
(410 ILCS 70/2.06)
Sec. 2.06. Consent to jurisdiction.
(a) A pediatric health care facility that submits a plan
to the Department for approval under Section 2 or an
out-of-state hospital that submits an areawide treatment plan
in accordance with subsection (b) of Section 5.4 consents to
the jurisdiction and oversight of the Department, including,
but not limited to, inspections, investigations, and
evaluations arising out of complaints relevant to this Act
made to the Department. A pediatric health care facility that
submits a plan to the Department for approval under Section 2
or an out-of-state hospital that submits an areawide treatment
plan in accordance with subsection (b) of Section 5.4 shall be
deemed to have given consent to annual inspections, surveys,
or evaluations relevant to this Act by properly identified
personnel of the Department or by such other properly
identified persons, including local health department staff,
as the Department may designate. In addition, representatives
of the Department shall have access to and may reproduce or
photocopy any books, records, and other documents maintained

HB1739 Enrolled - 44 - LRB102 11380 KMF 16713 b
by the pediatric health care facility or the facility's
representatives or the out-of-state hospital or the
out-of-state hospital's representative to the extent necessary
to carry out this Act. No representative, agent, or person
acting on behalf of the pediatric health care facility or
out-of-state hospital in any manner shall intentionally
prevent, interfere with, or attempt to impede in any way any
duly authorized investigation and enforcement of this Act. The
Department shall have the power to adopt rules to carry out the
purpose of regulating a pediatric health care facility or
out-of-state hospital. In carrying out oversight of a
pediatric health care facility or an out-of-state hospital,
the Department shall respect the confidentiality of all
patient records, including by complying with the patient
record confidentiality requirements set out in Section 6.14b
of the Hospital Licensing Act.
(b) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
(410 ILCS 70/2.06-1)
(Section scheduled to be repealed on June 30, 2021)
Sec. 2.06-1. Consent to jurisdiction.
(a) A pediatric health care facility or federally
qualified health center that submits a plan to the Department
for approval under Section 2-1 or an out-of-state hospital

HB1739 Enrolled - 45 - LRB102 11380 KMF 16713 b
that submits an areawide treatment plan in accordance with
subsection (b) of Section 5.4 consents to the jurisdiction and
oversight of the Department, including, but not limited to,
inspections, investigations, and evaluations arising out of
complaints relevant to this Act made to the Department. A
pediatric health care facility or federally qualified health
center that submits a plan to the Department for approval
under Section 2-1 or an out-of-state hospital that submits an
areawide treatment plan in accordance with subsection (b) of
Section 5.4 shall be deemed to have given consent to annual
inspections, surveys, or evaluations relevant to this Act by
properly identified personnel of the Department or by such
other properly identified persons, including local health
department staff, as the Department may designate. In
addition, representatives of the Department shall have access
to and may reproduce or photocopy any books, records, and
other documents maintained by the pediatric health care
facility or the facility's representatives or the out-of-state
hospital or the out-of-state hospital's representative to the
extent necessary to carry out this Act. No representative,
agent, or person acting on behalf of the pediatric health care
facility, federally qualified health center, or out-of-state
hospital in any manner shall intentionally prevent, interfere
with, or attempt to impede in any way any duly authorized
investigation and enforcement of this Act. The Department
shall have the power to adopt rules to carry out the purpose of

HB1739 Enrolled - 46 - LRB102 11380 KMF 16713 b
regulating a pediatric health care facility or out-of-state
hospital. In carrying out oversight of a pediatric health care
facility, federally qualified health center, or an
out-of-state hospital, the Department shall respect the
confidentiality of all patient records, including by complying
with the patient record confidentiality requirements set out
in Section 6.14b of the Hospital Licensing Act.
(b) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
(410 ILCS 70/2.1) (from Ch. 111 1/2, par. 87-2.1)
Sec. 2.1. Plan of correction; penalties.
(a) If the Department surveyor determines that the
hospital or approved pediatric health care facility is not in
compliance with its approved plan, the surveyor shall provide
the hospital or approved pediatric health care facility with a
written list of the specific items of noncompliance within 10
working days after the conclusion of the on-site review. The
hospital shall have 10 working days to submit to the
Department a plan of correction which contains the hospital's
or approved pediatric health care facility's specific
proposals for correcting the items of noncompliance. The
Department shall review the plan of correction and notify the
hospital in writing within 10 working days as to whether the
plan is acceptable or unacceptable.
If the Department finds the Plan of Correction

HB1739 Enrolled - 47 - LRB102 11380 KMF 16713 b
unacceptable, the hospital or approved pediatric health care
facility shall have 10 working days to resubmit an acceptable
Plan of Correction. Upon notification that its Plan of
Correction is acceptable, a hospital or approved pediatric
health care facility shall implement the Plan of Correction
within 60 days.
(b) The failure of a hospital to submit an acceptable Plan
of Correction or to implement the Plan of Correction, within
the time frames required in this Section, will subject a
hospital to the imposition of a fine by the Department. The
Department may impose a fine of up to $500 per day until a
hospital complies with the requirements of this Section.
If an approved pediatric health care facility fails to
submit an acceptable Plan of Correction or to implement the
Plan of Correction within the time frames required in this
Section, then the Department shall notify the approved
pediatric health care facility that the approved pediatric
health care facility may not provide medical forensic services
under this Act. The Department may impose a fine of up to $500
per patient provided services in violation of this Act.
(c) Before imposing a fine pursuant to this Section, the
Department shall provide the hospital or approved pediatric
health care facility via certified mail with written notice
and an opportunity for an administrative hearing. Such hearing
must be requested within 10 working days after receipt of the
Department's Notice. All hearings shall be conducted in

HB1739 Enrolled - 48 - LRB102 11380 KMF 16713 b
accordance with the Department's rules in administrative
hearings.
(d) This Section is effective on and after January 1, 2022
July 1, 2031.
(Source: P.A. 100-775, eff. 1-1-19; 101-81, eff. 7-12-19;
101-634, eff. 6-5-20.)
(410 ILCS 70/2.1-1)
(Section scheduled to be repealed on June 30, 2021)
Sec. 2.1-1. Plan of correction; penalties.
(a) If the Department surveyor determines that the
hospital, approved pediatric health care facility, or approved
federally qualified health center is not in compliance with
its approved plan, the surveyor shall provide the hospital,
approved pediatric health care facility, or approved federally
qualified health center with a written list of the specific
items of noncompliance within 10 working days after the
conclusion of the on-site review. The hospital, approved
pediatric health care facility, or approved federally
qualified health center shall have 10 working days to submit
to the Department a plan of correction which contains the
hospital's, approved pediatric health care facility's, or
approved federally qualified health center's specific
proposals for correcting the items of noncompliance. The
Department shall review the plan of correction and notify the
hospital, approved pediatric health care facility, or approved

HB1739 Enrolled - 49 - LRB102 11380 KMF 16713 b
federally qualified health center in writing within 10 working
days as to whether the plan is acceptable or unacceptable.
If the Department finds the Plan of Correction
unacceptable, the hospital, approved pediatric health care
facility, or approved federally qualified health center shall
have 10 working days to resubmit an acceptable Plan of
Correction. Upon notification that its Plan of Correction is
acceptable, a hospital, approved pediatric health care
facility, or approved federally qualified health center shall
implement the Plan of Correction within 60 days.
(b) The failure of a hospital to submit an acceptable Plan
of Correction or to implement the Plan of Correction, within
the time frames required in this Section, will subject a
hospital to the imposition of a fine by the Department. The
Department may impose a fine of up to $500 per day until a
hospital complies with the requirements of this Section.
If an approved pediatric health care facility or approved
federally qualified health center fails to submit an
acceptable Plan of Correction or to implement the Plan of
Correction within the time frames required in this Section,
then the Department shall notify the approved pediatric health
care facility or approved federally qualified health center
that the approved pediatric health care facility or approved
federally qualified health center may not provide medical
forensic services under this Act. The Department may impose a
fine of up to $500 per patient provided services in violation

HB1739 Enrolled - 50 - LRB102 11380 KMF 16713 b
of this Act.
(c) Before imposing a fine pursuant to this Section, the
Department shall provide the hospital, or approved pediatric
health care facility, or approved federally qualified health
center via certified mail with written notice and an
opportunity for an administrative hearing. Such hearing must
be requested within 10 working days after receipt of the
Department's Notice. All hearings shall be conducted in
accordance with the Department's rules in administrative
hearings.
(d) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
(410 ILCS 70/2.2)
Sec. 2.2. Emergency contraception.
(a) The General Assembly finds:
(1) Crimes of sexual assault and sexual abuse cause
significant physical, emotional, and psychological trauma
to the victims. This trauma is compounded by a victim's
fear of becoming pregnant and bearing a child as a result
of the sexual assault.
(2) Each year over 32,000 women become pregnant in the
United States as the result of rape and approximately 50%
of these pregnancies end in abortion.
(3) As approved for use by the Federal Food and Drug
Administration (FDA), emergency contraception can

HB1739 Enrolled - 51 - LRB102 11380 KMF 16713 b
significantly reduce the risk of pregnancy if taken within
72 hours after the sexual assault.
(4) By providing emergency contraception to rape
victims in a timely manner, the trauma of rape can be
significantly reduced.
(b) Every hospital or approved pediatric health care
facility providing services to sexual assault survivors in
accordance with a plan approved under Section 2 must develop a
protocol that ensures that each survivor of sexual assault
will receive medically and factually accurate and written and
oral information about emergency contraception; the
indications and contraindications and risks associated with
the use of emergency contraception; and a description of how
and when victims may be provided emergency contraception at no
cost upon the written order of a physician licensed to
practice medicine in all its branches, a licensed advanced
practice registered nurse, or a licensed physician assistant.
The Department shall approve the protocol if it finds that the
implementation of the protocol would provide sufficient
protection for survivors of sexual assault.
The hospital or approved pediatric health care facility
shall implement the protocol upon approval by the Department.
The Department shall adopt rules and regulations establishing
one or more safe harbor protocols and setting minimum
acceptable protocol standards that hospitals may develop and
implement. The Department shall approve any protocol that

HB1739 Enrolled - 52 - LRB102 11380 KMF 16713 b
meets those standards. The Department may provide a sample
acceptable protocol upon request.
(c) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19;
101-634, eff. 6-5-20.)
(410 ILCS 70/2.2-1)
(Section scheduled to be repealed on June 30, 2021)
Sec. 2.2-1. Emergency contraception.
(a) The General Assembly finds:
(1) Crimes of sexual assault and sexual abuse cause
significant physical, emotional, and psychological trauma
to the victims. This trauma is compounded by a victim's
fear of becoming pregnant and bearing a child as a result
of the sexual assault.
(2) Each year over 32,000 women become pregnant in the
United States as the result of rape and approximately 50%
of these pregnancies end in abortion.
(3) As approved for use by the Federal Food and Drug
Administration (FDA), emergency contraception can
significantly reduce the risk of pregnancy if taken within
72 hours after the sexual assault.
(4) By providing emergency contraception to rape
victims in a timely manner, the trauma of rape can be
significantly reduced.

HB1739 Enrolled - 53 - LRB102 11380 KMF 16713 b
(b) Every hospital, approved pediatric health care
facility, or approved federally qualified health center
providing services to sexual assault survivors in accordance
with a plan approved under Section 2-1 must develop a protocol
that ensures that each survivor of sexual assault will receive
medically and factually accurate and written and oral
information about emergency contraception; the indications and
contraindications and risks associated with the use of
emergency contraception; and a description of how and when
victims may be provided emergency contraception at no cost
upon the written order of a physician licensed to practice
medicine in all its branches, a licensed advanced practice
registered nurse, or a licensed physician assistant. The
Department shall approve the protocol if it finds that the
implementation of the protocol would provide sufficient
protection for survivors of sexual assault.
The hospital, approved pediatric health care facility, or
approved federally qualified health center shall implement the
protocol upon approval by the Department. The Department shall
adopt rules and regulations establishing one or more safe
harbor protocols and setting minimum acceptable protocol
standards that hospitals may develop and implement. The
Department shall approve any protocol that meets those
standards. The Department may provide a sample acceptable
protocol upon request.
(c) This Section is repealed on December 31 June 30, 2021.

HB1739 Enrolled - 54 - LRB102 11380 KMF 16713 b
(Source: P.A. 101-634, eff. 6-5-20.)
(410 ILCS 70/3) (from Ch. 111 1/2, par. 87-3)
Sec. 3. Areawide sexual assault treatment plans;
submission.
(a) Hospitals and approved pediatric health care
facilities in the area to be served may develop and
participate in areawide plans that shall describe the medical
forensic services to sexual assault survivors that each
participating hospital and approved pediatric health care
facility has agreed to make available. Each hospital and
approved pediatric health care facility participating in such
a plan shall provide such services as it is designated to
provide in the plan agreed upon by the participants. An
areawide plan may include treatment hospitals, treatment
hospitals with approved pediatric transfer, transfer
hospitals, approved pediatric health care facilities, or
out-of-state hospitals as provided in Section 5.4. All
areawide plans shall be submitted to the Department for
approval, prior to becoming effective. The Department shall
approve a proposed plan if it finds that the minimum
requirements set forth in Section 5 and implementation of the
plan would provide for appropriate medical forensic services
for the people of the area to be served.
(b) This Section is effective on and after January 1, 2022
July 1, 2021.

HB1739 Enrolled - 55 - LRB102 11380 KMF 16713 b
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
(410 ILCS 70/3-1)
(Section scheduled to be repealed on June 30, 2021)
Sec. 3-1. Areawide sexual assault treatment plans;
submission.
(a) Hospitals, approved pediatric health care facilities,
and approved federally qualified health centers in the area to
be served may develop and participate in areawide plans that
shall describe the medical forensic services to sexual assault
survivors that each participating hospital, approved pediatric
health care facility, and approved federally qualified health
centers has agreed to make available. Each hospital, approved
pediatric health care facility, and approved federally
qualified health center participating in such a plan shall
provide such services as it is designated to provide in the
plan agreed upon by the participants. An areawide plan may
include treatment hospitals, treatment hospitals with approved
pediatric transfer, transfer hospitals, approved pediatric
health care facilities, approved federally qualified health
centers, or out-of-state hospitals as provided in Section 5.4.
All areawide plans shall be submitted to the Department for
approval, prior to becoming effective. The Department shall
approve a proposed plan if it finds that the minimum
requirements set forth in Section 5-1 and implementation of
the plan would provide for appropriate medical forensic

HB1739 Enrolled - 56 - LRB102 11380 KMF 16713 b
services for the people of the area to be served.
(b) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
(410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
Sec. 5. Minimum requirements for medical forensic services
provided to sexual assault survivors by hospitals and approved
pediatric health care facilities.
(a) Every hospital and approved pediatric health care
facility providing medical forensic services to sexual assault
survivors under this Act shall, as minimum requirements for
such services, provide, with the consent of the sexual assault
survivor, and as ordered by the attending physician, an
advanced practice registered nurse, or a physician assistant,
the services set forth in subsection (a-5).
Beginning January 1, 2023 2022, a qualified medical
provider must provide the services set forth in subsection
(a-5).
(a-5) A treatment hospital, a treatment hospital with
approved pediatric transfer, or an approved pediatric health
care facility shall provide the following services in
accordance with subsection (a):
(1) Appropriate medical forensic services without
delay, in a private, age-appropriate or
developmentally-appropriate space, required to ensure the
health, safety, and welfare of a sexual assault survivor

HB1739 Enrolled - 57 - LRB102 11380 KMF 16713 b
and which may be used as evidence in a criminal proceeding
against a person accused of the sexual assault, in a
proceeding under the Juvenile Court Act of 1987, or in an
investigation under the Abused and Neglected Child
Reporting Act.
Records of medical forensic services, including
results of examinations and tests, the Illinois State
Police Medical Forensic Documentation Forms, the Illinois
State Police Patient Discharge Materials, and the Illinois
State Police Patient Consent: Collect and Test Evidence or
Collect and Hold Evidence Form, shall be maintained by the
hospital or approved pediatric health care facility as
part of the patient's electronic medical record.
Records of medical forensic services of sexual assault
survivors under the age of 18 shall be retained by the
hospital for a period of 60 years after the sexual assault
survivor reaches the age of 18. Records of medical
forensic services of sexual assault survivors 18 years of
age or older shall be retained by the hospital for a period
of 20 years after the date the record was created.
Records of medical forensic services may only be
disseminated in accordance with Section 6.5 of this Act
and other State and federal law.
(1.5) An offer to complete the Illinois Sexual Assault
Evidence Collection Kit for any sexual assault survivor
who presents within a minimum of the last 7 days of the

HB1739 Enrolled - 58 - LRB102 11380 KMF 16713 b
assault or who has disclosed past sexual assault by a
specific individual and was in the care of that individual
within a minimum of the last 7 days.
(A) Appropriate oral and written information
concerning evidence-based guidelines for the
appropriateness of evidence collection depending on
the sexual development of the sexual assault survivor,
the type of sexual assault, and the timing of the
sexual assault shall be provided to the sexual assault
survivor. Evidence collection is encouraged for
prepubescent sexual assault survivors who present to a
hospital or approved pediatric health care facility
with a complaint of sexual assault within a minimum of
96 hours after the sexual assault.
Before January 1, 2023 2022, the information
required under this subparagraph shall be provided in
person by the health care professional providing
medical forensic services directly to the sexual
assault survivor.
On and after January 1, 2023 2022, the information
required under this subparagraph shall be provided in
person by the qualified medical provider providing
medical forensic services directly to the sexual
assault survivor.
The written information provided shall be the
information created in accordance with Section 10 of

HB1739 Enrolled - 59 - LRB102 11380 KMF 16713 b
this Act.
(B) Following the discussion regarding the
evidence-based guidelines for evidence collection in
accordance with subparagraph (A), evidence collection
must be completed at the sexual assault survivor's
request. A sexual assault nurse examiner conducting an
examination using the Illinois State Police Sexual
Assault Evidence Collection Kit may do so without the
presence or participation of a physician.
(2) Appropriate oral and written information
concerning the possibility of infection, sexually
transmitted infection, including an evaluation of the
sexual assault survivor's risk of contracting human
immunodeficiency virus (HIV) from sexual assault, and
pregnancy resulting from sexual assault.
(3) Appropriate oral and written information
concerning accepted medical procedures, laboratory tests,
medication, and possible contraindications of such
medication available for the prevention or treatment of
infection or disease resulting from sexual assault.
(3.5) After a medical evidentiary or physical
examination, access to a shower at no cost, unless
showering facilities are unavailable.
(4) An amount of medication, including HIV
prophylaxis, for treatment at the hospital or approved
pediatric health care facility and after discharge as is

HB1739 Enrolled - 60 - LRB102 11380 KMF 16713 b
deemed appropriate by the attending physician, an advanced
practice registered nurse, or a physician assistant in
accordance with the Centers for Disease Control and
Prevention guidelines and consistent with the hospital's
or approved pediatric health care facility's current
approved protocol for sexual assault survivors.
(5) Photo documentation of the sexual assault
survivor's injuries, anatomy involved in the assault, or
other visible evidence on the sexual assault survivor's
body to supplement the medical forensic history and
written documentation of physical findings and evidence
beginning July 1, 2019. Photo documentation does not
replace written documentation of the injury.
(6) Written and oral instructions indicating the need
for follow-up examinations and laboratory tests after the
sexual assault to determine the presence or absence of
sexually transmitted infection.
(7) Referral by hospital or approved pediatric health
care facility personnel for appropriate counseling.
(8) Medical advocacy services provided by a rape
crisis counselor whose communications are protected under
Section 8-802.1 of the Code of Civil Procedure, if there
is a memorandum of understanding between the hospital or
approved pediatric health care facility and a rape crisis
center. With the consent of the sexual assault survivor, a
rape crisis counselor shall remain in the exam room during

HB1739 Enrolled - 61 - LRB102 11380 KMF 16713 b
the medical forensic examination.
(9) Written information regarding services provided by
a Children's Advocacy Center and rape crisis center, if
applicable.
(10) A treatment hospital, a treatment hospital with
approved pediatric transfer, an out-of-state hospital as
defined in Section 5.4, or an approved pediatric health
care facility shall comply with the rules relating to the
collection and tracking of sexual assault evidence adopted
by the Department of State Police under Section 50 of the
Sexual Assault Evidence Submission Act.
(11) Written information regarding the Illinois State
Police sexual assault evidence tracking system.
(a-7) By January 1, 2023 2022, every hospital with a
treatment plan approved by the Department shall employ or
contract with a qualified medical provider to initiate medical
forensic services to a sexual assault survivor within 90
minutes of the patient presenting to the treatment hospital or
treatment hospital with approved pediatric transfer. The
provision of medical forensic services by a qualified medical
provider shall not delay the provision of life-saving medical
care.
(b) Any person who is a sexual assault survivor who seeks
medical forensic services or follow-up healthcare under this
Act shall be provided such services without the consent of any
parent, guardian, custodian, surrogate, or agent. If a sexual

HB1739 Enrolled - 62 - LRB102 11380 KMF 16713 b
assault survivor is unable to consent to medical forensic
services, the services may be provided under the Consent by
Minors to Medical Procedures Act, the Health Care Surrogate
Act, or other applicable State and federal laws.
(b-5) Every hospital or approved pediatric health care
facility providing medical forensic services to sexual assault
survivors shall issue a voucher to any sexual assault survivor
who is eligible to receive one in accordance with Section 5.2
of this Act. The hospital shall make a copy of the voucher and
place it in the medical record of the sexual assault survivor.
The hospital shall provide a copy of the voucher to the sexual
assault survivor after discharge upon request.
(c) Nothing in this Section creates a physician-patient
relationship that extends beyond discharge from the hospital
or approved pediatric health care facility.
(d) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19;
100-1087, eff. 1-1-19; 101-81, eff. 7-12-19; 101-377, eff.
8-16-19; 101-634, eff. 6-5-20.)
(410 ILCS 70/5-1)
(Section scheduled to be repealed on June 30, 2021)
Sec. 5-1. Minimum requirements for medical forensic
services provided to sexual assault survivors by hospitals,
approved pediatric health care facilities, and approved

HB1739 Enrolled - 63 - LRB102 11380 KMF 16713 b
federally qualified health centers.
(a) Every hospital, approved pediatric health care
facility, and approved federally qualified health center
providing medical forensic services to sexual assault
survivors under this Act shall, as minimum requirements for
such services, provide, with the consent of the sexual assault
survivor, and as ordered by the attending physician, an
advanced practice registered nurse, or a physician assistant,
the services set forth in subsection (a-5).
Beginning January 1, 2023 2022, a qualified medical
provider must provide the services set forth in subsection
(a-5).
(a-5) A treatment hospital, a treatment hospital with
approved pediatric transfer, or an approved pediatric health
care facility, or an approved federally qualified health
center shall provide the following services in accordance with
subsection (a):
(1) Appropriate medical forensic services without
delay, in a private, age-appropriate or
developmentally-appropriate space, required to ensure the
health, safety, and welfare of a sexual assault survivor
and which may be used as evidence in a criminal proceeding
against a person accused of the sexual assault, in a
proceeding under the Juvenile Court Act of 1987, or in an
investigation under the Abused and Neglected Child
Reporting Act.

HB1739 Enrolled - 64 - LRB102 11380 KMF 16713 b
Records of medical forensic services, including
results of examinations and tests, the Illinois State
Police Medical Forensic Documentation Forms, the Illinois
State Police Patient Discharge Materials, and the Illinois
State Police Patient Consent: Collect and Test Evidence or
Collect and Hold Evidence Form, shall be maintained by the
hospital or approved pediatric health care facility as
part of the patient's electronic medical record.
Records of medical forensic services of sexual assault
survivors under the age of 18 shall be retained by the
hospital for a period of 60 years after the sexual assault
survivor reaches the age of 18. Records of medical
forensic services of sexual assault survivors 18 years of
age or older shall be retained by the hospital for a period
of 20 years after the date the record was created.
Records of medical forensic services may only be
disseminated in accordance with Section 6.5-1 of this Act
and other State and federal law.
(1.5) An offer to complete the Illinois Sexual Assault
Evidence Collection Kit for any sexual assault survivor
who presents within a minimum of the last 7 days of the
assault or who has disclosed past sexual assault by a
specific individual and was in the care of that individual
within a minimum of the last 7 days.
(A) Appropriate oral and written information
concerning evidence-based guidelines for the

HB1739 Enrolled - 65 - LRB102 11380 KMF 16713 b
appropriateness of evidence collection depending on
the sexual development of the sexual assault survivor,
the type of sexual assault, and the timing of the
sexual assault shall be provided to the sexual assault
survivor. Evidence collection is encouraged for
prepubescent sexual assault survivors who present to a
hospital or approved pediatric health care facility
with a complaint of sexual assault within a minimum of
96 hours after the sexual assault.
Before January 1, 2023 2022, the information
required under this subparagraph shall be provided in
person by the health care professional providing
medical forensic services directly to the sexual
assault survivor.
On and after January 1, 2023 2022, the information
required under this subparagraph shall be provided in
person by the qualified medical provider providing
medical forensic services directly to the sexual
assault survivor.
The written information provided shall be the
information created in accordance with Section 10-1 of
this Act.
(B) Following the discussion regarding the
evidence-based guidelines for evidence collection in
accordance with subparagraph (A), evidence collection
must be completed at the sexual assault survivor's

HB1739 Enrolled - 66 - LRB102 11380 KMF 16713 b
request. A sexual assault nurse examiner conducting an
examination using the Illinois State Police Sexual
Assault Evidence Collection Kit may do so without the
presence or participation of a physician.
(2) Appropriate oral and written information
concerning the possibility of infection, sexually
transmitted infection, including an evaluation of the
sexual assault survivor's risk of contracting human
immunodeficiency virus (HIV) from sexual assault, and
pregnancy resulting from sexual assault.
(3) Appropriate oral and written information
concerning accepted medical procedures, laboratory tests,
medication, and possible contraindications of such
medication available for the prevention or treatment of
infection or disease resulting from sexual assault.
(3.5) After a medical evidentiary or physical
examination, access to a shower at no cost, unless
showering facilities are unavailable.
(4) An amount of medication, including HIV
prophylaxis, for treatment at the hospital or approved
pediatric health care facility and after discharge as is
deemed appropriate by the attending physician, an advanced
practice registered nurse, or a physician assistant in
accordance with the Centers for Disease Control and
Prevention guidelines and consistent with the hospital's
or approved pediatric health care facility's current

HB1739 Enrolled - 67 - LRB102 11380 KMF 16713 b
approved protocol for sexual assault survivors.
(5) Photo documentation of the sexual assault
survivor's injuries, anatomy involved in the assault, or
other visible evidence on the sexual assault survivor's
body to supplement the medical forensic history and
written documentation of physical findings and evidence
beginning July 1, 2019. Photo documentation does not
replace written documentation of the injury.
(6) Written and oral instructions indicating the need
for follow-up examinations and laboratory tests after the
sexual assault to determine the presence or absence of
sexually transmitted infection.
(7) Referral by hospital or approved pediatric health
care facility personnel for appropriate counseling.
(8) Medical advocacy services provided by a rape
crisis counselor whose communications are protected under
Section 8-802.1 of the Code of Civil Procedure, if there
is a memorandum of understanding between the hospital or
approved pediatric health care facility and a rape crisis
center. With the consent of the sexual assault survivor, a
rape crisis counselor shall remain in the exam room during
the medical forensic examination.
(9) Written information regarding services provided by
a Children's Advocacy Center and rape crisis center, if
applicable.
(10) A treatment hospital, a treatment hospital with

HB1739 Enrolled - 68 - LRB102 11380 KMF 16713 b
approved pediatric transfer, an out-of-state hospital as
defined in Section 5.4, or an approved pediatric health
care facility shall comply with the rules relating to the
collection and tracking of sexual assault evidence adopted
by the Department of State Police under Section 50 of the
Sexual Assault Evidence Submission Act.
(11) Written information regarding the Illinois State
Police sexual assault evidence tracking system.
(a-7) By January 1, 2023 2022, every hospital with a
treatment plan approved by the Department shall employ or
contract with a qualified medical provider to initiate medical
forensic services to a sexual assault survivor within 90
minutes of the patient presenting to the treatment hospital or
treatment hospital with approved pediatric transfer. The
provision of medical forensic services by a qualified medical
provider shall not delay the provision of life-saving medical
care.
(b) Any person who is a sexual assault survivor who seeks
medical forensic services or follow-up healthcare under this
Act shall be provided such services without the consent of any
parent, guardian, custodian, surrogate, or agent. If a sexual
assault survivor is unable to consent to medical forensic
services, the services may be provided under the Consent by
Minors to Medical Procedures Act, the Health Care Surrogate
Act, or other applicable State and federal laws.
(b-5) Every hospital, approved pediatric health care

HB1739 Enrolled - 69 - LRB102 11380 KMF 16713 b
facility, or approved federally qualified health center
providing medical forensic services to sexual assault
survivors shall issue a voucher to any sexual assault survivor
who is eligible to receive one in accordance with Section
5.2-1 of this Act. The hospital, approved pediatric health
care facility, or approved federally qualified health center
shall make a copy of the voucher and place it in the medical
record of the sexual assault survivor. The hospital, approved
pediatric health care facility, or approved federally
qualified health center shall provide a copy of the voucher to
the sexual assault survivor after discharge upon request.
(c) Nothing in this Section creates a physician-patient
relationship that extends beyond discharge from the hospital,
or approved pediatric health care facility, or approved
federally qualified health center.
(d) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
(410 ILCS 70/5.1)
Sec. 5.1. Storage, retention, and dissemination of photo
documentation relating to medical forensic services.
(a) Photo documentation taken during a medical forensic
examination shall be maintained by the hospital or approved
pediatric health care facility as part of the patient's
medical record.
Photo documentation shall be stored and backed up securely

HB1739 Enrolled - 70 - LRB102 11380 KMF 16713 b
in its original file format in accordance with facility
protocol. The facility protocol shall require limited access
to the images and be included in the sexual assault treatment
plan submitted to the Department.
Photo documentation of a sexual assault survivor under the
age of 18 shall be retained for a period of 60 years after the
sexual assault survivor reaches the age of 18. Photo
documentation of a sexual assault survivor 18 years of age or
older shall be retained for a period of 20 years after the
record was created.
Photo documentation of the sexual assault survivor's
injuries, anatomy involved in the assault, or other visible
evidence on the sexual assault survivor's body may be used for
peer review, expert second opinion, or in a criminal
proceeding against a person accused of sexual assault, a
proceeding under the Juvenile Court Act of 1987, or in an
investigation under the Abused and Neglected Child Reporting
Act. Any dissemination of photo documentation, including for
peer review, an expert second opinion, or in any court or
administrative proceeding or investigation, must be in
accordance with State and federal law.
(b) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
(410 ILCS 70/5.1-1)

HB1739 Enrolled - 71 - LRB102 11380 KMF 16713 b
(Section scheduled to be repealed on June 30, 2021)
Sec. 5.1-1. Storage, retention, and dissemination of photo
documentation relating to medical forensic services.
(a) Photo documentation taken during a medical forensic
examination shall be maintained by the hospital, approved
pediatric health care facility, or approved federally
qualified health center as part of the patient's medical
record.
Photo documentation shall be stored and backed up securely
in its original file format in accordance with facility
protocol. The facility protocol shall require limited access
to the images and be included in the sexual assault treatment
plan submitted to the Department.
Photo documentation of a sexual assault survivor under the
age of 18 shall be retained for a period of 60 years after the
sexual assault survivor reaches the age of 18. Photo
documentation of a sexual assault survivor 18 years of age or
older shall be retained for a period of 20 years after the
record was created.
Photo documentation of the sexual assault survivor's
injuries, anatomy involved in the assault, or other visible
evidence on the sexual assault survivor's body may be used for
peer review, expert second opinion, or in a criminal
proceeding against a person accused of sexual assault, a
proceeding under the Juvenile Court Act of 1987, or in an
investigation under the Abused and Neglected Child Reporting

HB1739 Enrolled - 72 - LRB102 11380 KMF 16713 b
Act. Any dissemination of photo documentation, including for
peer review, an expert second opinion, or in any court or
administrative proceeding or investigation, must be in
accordance with State and federal law.
(b) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
(410 ILCS 70/5.2)
Sec. 5.2. Sexual assault services voucher.
(a) A sexual assault services voucher shall be issued by a
treatment hospital, treatment hospital with approved pediatric
transfer, or approved pediatric health care facility at the
time a sexual assault survivor receives medical forensic
services.
(b) Each treatment hospital, treatment hospital with
approved pediatric transfer, and approved pediatric health
care facility must include in its sexual assault treatment
plan submitted to the Department in accordance with Section 2
of this Act a protocol for issuing sexual assault services
vouchers. The protocol shall, at a minimum, include the
following:
(1) Identification of employee positions responsible
for issuing sexual assault services vouchers.
(2) Identification of employee positions with access
to the Medical Electronic Data Interchange or successor
system.

HB1739 Enrolled - 73 - LRB102 11380 KMF 16713 b
(3) A statement to be signed by each employee of an
approved pediatric health care facility with access to the
Medical Electronic Data Interchange or successor system
affirming that the Medical Electronic Data Interchange or
successor system will only be used for the purpose of
issuing sexual assault services vouchers.
(c) A sexual assault services voucher may be used to seek
payment for any ambulance services, medical forensic services,
laboratory services, pharmacy services, and follow-up
healthcare provided as a result of the sexual assault.
(d) Any treatment hospital, treatment hospital with
approved pediatric transfer, approved pediatric health care
facility, health care professional, ambulance provider,
laboratory, or pharmacy may submit a bill for services
provided to a sexual assault survivor as a result of a sexual
assault to the Department of Healthcare and Family Services
Sexual Assault Emergency Treatment Program. The bill shall
include:
(1) the name and date of birth of the sexual assault
survivor;
(2) the service provided;
(3) the charge of service;
(4) the date the service was provided; and
(5) the recipient identification number, if known.
A health care professional, ambulance provider,
laboratory, or pharmacy is not required to submit a copy of the

HB1739 Enrolled - 74 - LRB102 11380 KMF 16713 b
sexual assault services voucher.
The Department of Healthcare and Family Services Sexual
Assault Emergency Treatment Program shall electronically
verify, using the Medical Electronic Data Interchange or a
successor system, that a sexual assault services voucher was
issued to a sexual assault survivor prior to issuing payment
for the services.
If a sexual assault services voucher was not issued to a
sexual assault survivor by the treatment hospital, treatment
hospital with approved pediatric transfer, or approved
pediatric health care facility, then a health care
professional, ambulance provider, laboratory, or pharmacy may
submit a request to the Department of Healthcare and Family
Services Sexual Assault Emergency Treatment Program to issue a
sexual assault services voucher.
(e) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
(410 ILCS 70/5.2-1)
(Section scheduled to be repealed on June 30, 2021)
Sec. 5.2-1. Sexual assault services voucher.
(a) A sexual assault services voucher shall be issued by a
treatment hospital, treatment hospital with approved pediatric
transfer, approved pediatric health care facility, or approved
federally qualified health center at the time a sexual assault

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survivor receives medical forensic services.
(b) Each treatment hospital, treatment hospital with
approved pediatric transfer, approved pediatric health care
facility, and approved federally qualified health center must
include in its sexual assault treatment plan submitted to the
Department in accordance with Section 2-1 of this Act a
protocol for issuing sexual assault services vouchers. The
protocol shall, at a minimum, include the following:
(1) Identification of employee positions responsible
for issuing sexual assault services vouchers.
(2) Identification of employee positions with access
to the Medical Electronic Data Interchange or successor
system.
(3) A statement to be signed by each employee of an
approved pediatric health care facility or approved
federally qualified health center with access to the
Medical Electronic Data Interchange or successor system
affirming that the Medical Electronic Data Interchange or
successor system will only be used for the purpose of
issuing sexual assault services vouchers.
(c) A sexual assault services voucher may be used to seek
payment for any ambulance services, medical forensic services,
laboratory services, pharmacy services, and follow-up
healthcare provided as a result of the sexual assault.
(d) Any treatment hospital, treatment hospital with
approved pediatric transfer, approved pediatric health care

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facility, approved federally qualified health center, health
care professional, ambulance provider, laboratory, or pharmacy
may submit a bill for services provided to a sexual assault
survivor as a result of a sexual assault to the Department of
Healthcare and Family Services Sexual Assault Emergency
Treatment Program. The bill shall include:
(1) the name and date of birth of the sexual assault
survivor;
(2) the service provided;
(3) the charge of service;
(4) the date the service was provided; and
(5) the recipient identification number, if known.
A health care professional, ambulance provider,
laboratory, or pharmacy is not required to submit a copy of the
sexual assault services voucher.
The Department of Healthcare and Family Services Sexual
Assault Emergency Treatment Program shall electronically
verify, using the Medical Electronic Data Interchange or a
successor system, that a sexual assault services voucher was
issued to a sexual assault survivor prior to issuing payment
for the services.
If a sexual assault services voucher was not issued to a
sexual assault survivor by the treatment hospital, treatment
hospital with approved pediatric transfer, approved pediatric
health care facility, or approved federally qualified health
center, then a health care professional, ambulance provider,

HB1739 Enrolled - 77 - LRB102 11380 KMF 16713 b
laboratory, or pharmacy may submit a request to the Department
of Healthcare and Family Services Sexual Assault Emergency
Treatment Program to issue a sexual assault services voucher.
(e) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
(410 ILCS 70/5.3)
Sec. 5.3. Pediatric sexual assault care.
(a) The General Assembly finds:
(1) Pediatric sexual assault survivors can suffer from
a wide range of health problems across their life span. In
addition to immediate health issues, such as sexually
transmitted infections, physical injuries, and
psychological trauma, child sexual abuse victims are at
greater risk for a plethora of adverse psychological and
somatic problems into adulthood in contrast to those who
were not sexually abused.
(2) Sexual abuse against the pediatric population is
distinct, particularly due to their dependence on their
caregivers and the ability of perpetrators to manipulate
and silence them (especially when the perpetrators are
family members or other adults trusted by, or with power
over, children). Sexual abuse is often hidden by
perpetrators, unwitnessed by others, and may leave no
obvious physical signs on child victims.
(3) Pediatric sexual assault survivors throughout the

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State should have access to qualified medical providers
who have received specialized training regarding the care
of pediatric sexual assault survivors within a reasonable
distance from their home.
(4) There is a need in Illinois to increase the number
of qualified medical providers available to provide
medical forensic services to pediatric sexual assault
survivors.
(b) If a medically stable pediatric sexual assault
survivor presents at a transfer hospital or treatment hospital
with approved pediatric transfer that has a plan approved by
the Department requesting medical forensic services, then the
hospital emergency department staff shall contact an approved
pediatric health care facility, if one is designated in the
hospital's plan.
If the transferring hospital confirms that medical
forensic services can be initiated within 90 minutes of the
patient's arrival at the approved pediatric health care
facility following an immediate transfer, then the hospital
emergency department staff shall notify the patient and
non-offending parent or legal guardian that the patient will
be transferred for medical forensic services and shall provide
the patient and non-offending parent or legal guardian the
option of being transferred to the approved pediatric health
care facility or the treatment hospital designated in the
hospital's plan. The pediatric sexual assault survivor may be

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transported by ambulance, law enforcement, or personal
vehicle.
If medical forensic services cannot be initiated within 90
minutes of the patient's arrival at the approved pediatric
health care facility, there is no approved pediatric health
care facility designated in the hospital's plan, or the
patient or non-offending parent or legal guardian chooses to
be transferred to a treatment hospital, the hospital emergency
department staff shall contact a treatment hospital designated
in the hospital's plan to arrange for the transfer of the
patient to the treatment hospital for medical forensic
services, which are to be initiated within 90 minutes of the
patient's arrival at the treatment hospital. The treatment
hospital shall provide medical forensic services and may not
transfer the patient to another facility. The pediatric sexual
assault survivor may be transported by ambulance, law
enforcement, or personal vehicle.
(c) If a medically stable pediatric sexual assault
survivor presents at a treatment hospital that has a plan
approved by the Department requesting medical forensic
services, then the hospital emergency department staff shall
contact an approved pediatric health care facility, if one is
designated in the treatment hospital's areawide treatment
plan.
If medical forensic services can be initiated within 90
minutes after the patient's arrival at the approved pediatric

HB1739 Enrolled - 80 - LRB102 11380 KMF 16713 b
health care facility following an immediate transfer, the
hospital emergency department staff shall provide the patient
and non-offending parent or legal guardian the option of
having medical forensic services performed at the treatment
hospital or at the approved pediatric health care facility. If
the patient or non-offending parent or legal guardian chooses
to be transferred, the pediatric sexual assault survivor may
be transported by ambulance, law enforcement, or personal
vehicle.
If medical forensic services cannot be initiated within 90
minutes after the patient's arrival to the approved pediatric
health care facility, there is no approved pediatric health
care facility designated in the hospital's plan, or the
patient or non-offending parent or legal guardian chooses not
to be transferred, the hospital shall provide medical forensic
services to the patient.
(d) If a pediatric sexual assault survivor presents at an
approved pediatric health care facility requesting medical
forensic services or the facility is contacted by law
enforcement or the Department of Children and Family Services
requesting medical forensic services for a pediatric sexual
assault survivor, the services shall be provided at the
facility if the medical forensic services can be initiated
within 90 minutes after the patient's arrival at the facility.
If medical forensic services cannot be initiated within 90
minutes after the patient's arrival at the facility, then the

HB1739 Enrolled - 81 - LRB102 11380 KMF 16713 b
patient shall be transferred to a treatment hospital
designated in the approved pediatric health care facility's
plan for medical forensic services. The pediatric sexual
assault survivor may be transported by ambulance, law
enforcement, or personal vehicle.
(e) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
(410 ILCS 70/5.3-1)
(Section scheduled to be repealed on June 30, 2021)
Sec. 5.3-1. Pediatric sexual assault care.
(a) The General Assembly finds:
(1) Pediatric sexual assault survivors can suffer from
a wide range of health problems across their life span. In
addition to immediate health issues, such as sexually
transmitted infections, physical injuries, and
psychological trauma, child sexual abuse victims are at
greater risk for a plethora of adverse psychological and
somatic problems into adulthood in contrast to those who
were not sexually abused.
(2) Sexual abuse against the pediatric population is
distinct, particularly due to their dependence on their
caregivers and the ability of perpetrators to manipulate
and silence them (especially when the perpetrators are
family members or other adults trusted by, or with power

HB1739 Enrolled - 82 - LRB102 11380 KMF 16713 b
over, children). Sexual abuse is often hidden by
perpetrators, unwitnessed by others, and may leave no
obvious physical signs on child victims.
(3) Pediatric sexual assault survivors throughout the
State should have access to qualified medical providers
who have received specialized training regarding the care
of pediatric sexual assault survivors within a reasonable
distance from their home.
(4) There is a need in Illinois to increase the number
of qualified medical providers available to provide
medical forensic services to pediatric sexual assault
survivors.
(b) If a medically stable pediatric sexual assault
survivor presents at a transfer hospital, treatment hospital
with approved pediatric transfer, or an approved federally
qualified health center that has a plan approved by the
Department requesting medical forensic services, then the
hospital emergency department staff or approved federally
qualified health center staff shall contact an approved
pediatric health care facility, if one is designated in the
hospital's or an approved federally qualified health center's
plan.
If the transferring hospital or approved federally
qualified health center confirms that medical forensic
services can be initiated within 90 minutes of the patient's
arrival at the approved pediatric health care facility

HB1739 Enrolled - 83 - LRB102 11380 KMF 16713 b
following an immediate transfer, then the hospital emergency
department or approved federally qualified health center staff
shall notify the patient and non-offending parent or legal
guardian that the patient will be transferred for medical
forensic services and shall provide the patient and
non-offending parent or legal guardian the option of being
transferred to the approved pediatric health care facility or
the treatment hospital designated in the hospital's or
approved federally qualified health center's plan. The
pediatric sexual assault survivor may be transported by
ambulance, law enforcement, or personal vehicle.
If medical forensic services cannot be initiated within 90
minutes of the patient's arrival at the approved pediatric
health care facility, there is no approved pediatric health
care facility designated in the hospital's or approved
federally qualified health center's plan, or the patient or
non-offending parent or legal guardian chooses to be
transferred to a treatment hospital, the hospital emergency
department or approved federally qualified health center staff
shall contact a treatment hospital designated in the
hospital's or approved federally qualified health center's
plan to arrange for the transfer of the patient to the
treatment hospital for medical forensic services, which are to
be initiated within 90 minutes of the patient's arrival at the
treatment hospital. The treatment hospital shall provide
medical forensic services and may not transfer the patient to

HB1739 Enrolled - 84 - LRB102 11380 KMF 16713 b
another facility. The pediatric sexual assault survivor may be
transported by ambulance, law enforcement, or personal
vehicle.
(c) If a medically stable pediatric sexual assault
survivor presents at a treatment hospital that has a plan
approved by the Department requesting medical forensic
services, then the hospital emergency department staff shall
contact an approved pediatric health care facility, if one is
designated in the treatment hospital's areawide treatment
plan.
If medical forensic services can be initiated within 90
minutes after the patient's arrival at the approved pediatric
health care facility following an immediate transfer, the
hospital emergency department staff shall provide the patient
and non-offending parent or legal guardian the option of
having medical forensic services performed at the treatment
hospital or at the approved pediatric health care facility. If
the patient or non-offending parent or legal guardian chooses
to be transferred, the pediatric sexual assault survivor may
be transported by ambulance, law enforcement, or personal
vehicle.
If medical forensic services cannot be initiated within 90
minutes after the patient's arrival to the approved pediatric
health care facility, there is no approved pediatric health
care facility designated in the hospital's plan, or the
patient or non-offending parent or legal guardian chooses not

HB1739 Enrolled - 85 - LRB102 11380 KMF 16713 b
to be transferred, the hospital shall provide medical forensic
services to the patient.
(d) If a pediatric sexual assault survivor presents at an
approved pediatric health care facility requesting medical
forensic services or the facility is contacted by law
enforcement or the Department of Children and Family Services
requesting medical forensic services for a pediatric sexual
assault survivor, the services shall be provided at the
facility if the medical forensic services can be initiated
within 90 minutes after the patient's arrival at the facility.
If medical forensic services cannot be initiated within 90
minutes after the patient's arrival at the facility, then the
patient shall be transferred to a treatment hospital
designated in the approved pediatric health care facility's
plan for medical forensic services. The pediatric sexual
assault survivor may be transported by ambulance, law
enforcement, or personal vehicle.
(e) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
(410 ILCS 70/5.5)
Sec. 5.5. Minimum reimbursement requirements for follow-up
healthcare.
(a) Every hospital, pediatric health care facility, health
care professional, laboratory, or pharmacy that provides
follow-up healthcare to a sexual assault survivor, with the

HB1739 Enrolled - 86 - LRB102 11380 KMF 16713 b
consent of the sexual assault survivor and as ordered by the
attending physician, an advanced practice registered nurse, or
physician assistant shall be reimbursed for the follow-up
healthcare services provided. Follow-up healthcare services
include, but are not limited to, the following:
(1) a physical examination;
(2) laboratory tests to determine the presence or
absence of sexually transmitted infection; and
(3) appropriate medications, including HIV
prophylaxis, in accordance with the Centers for Disease
Control and Prevention's guidelines.
(b) Reimbursable follow-up healthcare is limited to office
visits with a physician, advanced practice registered nurse,
or physician assistant within 90 days after an initial visit
for hospital medical forensic services.
(c) Nothing in this Section requires a hospital, pediatric
health care facility, health care professional, laboratory, or
pharmacy to provide follow-up healthcare to a sexual assault
survivor.
(d) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19;
101-634, eff. 6-5-20.)
(410 ILCS 70/5.5-1)
(Section scheduled to be repealed on June 30, 2021)

HB1739 Enrolled - 87 - LRB102 11380 KMF 16713 b
Sec. 5.5-1. Minimum reimbursement requirements for
follow-up healthcare.
(a) Every hospital, pediatric health care facility,
federally qualified health center, health care professional,
laboratory, or pharmacy that provides follow-up healthcare to
a sexual assault survivor, with the consent of the sexual
assault survivor and as ordered by the attending physician, an
advanced practice registered nurse, or physician assistant
shall be reimbursed for the follow-up healthcare services
provided. Follow-up healthcare services include, but are not
limited to, the following:
(1) a physical examination;
(2) laboratory tests to determine the presence or
absence of sexually transmitted infection; and
(3) appropriate medications, including HIV
prophylaxis, in accordance with the Centers for Disease
Control and Prevention's guidelines.
(b) Reimbursable follow-up healthcare is limited to office
visits with a physician, advanced practice registered nurse,
or physician assistant within 90 days after an initial visit
for hospital medical forensic services.
(c) Nothing in this Section requires a hospital, pediatric
health care facility, federally qualified health center,
health care professional, laboratory, or pharmacy to provide
follow-up healthcare to a sexual assault survivor.
(d) This Section is repealed on December 31 June 30, 2021.

HB1739 Enrolled - 88 - LRB102 11380 KMF 16713 b
(Source: P.A. 101-634, eff. 6-5-20.)
(410 ILCS 70/6.1) (from Ch. 111 1/2, par. 87-6.1)
Sec. 6.1. Minimum standards.
(a) The Department shall prescribe minimum standards,
rules, and regulations necessary to implement this Act and the
changes made by this amendatory Act of the 100th General
Assembly, which shall apply to every hospital required to be
licensed by the Department that provides general medical and
surgical hospital services and to every approved pediatric
health care facility. Such standards shall include, but not be
limited to, a uniform system for recording results of medical
examinations and all diagnostic tests performed in connection
therewith to determine the condition and necessary treatment
of sexual assault survivors, which results shall be preserved
in a confidential manner as part of the hospital's or approved
pediatric health care facility's record of the sexual assault
survivor.
(b) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
(410 ILCS 70/6.1-1)
(Section scheduled to be repealed on June 30, 2021)
Sec. 6.1-1. Minimum standards.
(a) The Department shall prescribe minimum standards,

HB1739 Enrolled - 89 - LRB102 11380 KMF 16713 b
rules, and regulations necessary to implement this Act and the
changes made by this amendatory Act of the 101st General
Assembly, which shall apply to every hospital required to be
licensed by the Department that provides general medical and
surgical hospital services and to every approved pediatric
health care facility and approved federally qualified health
center. Such standards shall include, but not be limited to, a
uniform system for recording results of medical examinations
and all diagnostic tests performed in connection therewith to
determine the condition and necessary treatment of sexual
assault survivors, which results shall be preserved in a
confidential manner as part of the hospital's, approved
pediatric health care facility's, or approved federally
qualified health center's record of the sexual assault
survivor.
(b) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
(410 ILCS 70/6.2) (from Ch. 111 1/2, par. 87-6.2)
Sec. 6.2. Assistance and grants.
(a) The Department shall assist in the development and
operation of programs which provide medical forensic services
to sexual assault survivors, and, where necessary, to provide
grants to hospitals and approved pediatric health care
facilities for this purpose.
(b) This Section is effective on and after January 1, 2022

HB1739 Enrolled - 90 - LRB102 11380 KMF 16713 b
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
(410 ILCS 70/6.2-1)
(Section scheduled to be repealed on June 30, 2021)
Sec. 6.2-1. Assistance and grants.
(a) The Department shall assist in the development and
operation of programs which provide medical forensic services
to sexual assault survivors, and, where necessary, to provide
grants to hospitals, approved pediatric health care
facilities, and approved federally qualified health centers
for this purpose.
(b) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
(410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
Sec. 6.4. Sexual assault evidence collection program.
(a) There is created a statewide sexual assault evidence
collection program to facilitate the prosecution of persons
accused of sexual assault. This program shall be administered
by the Illinois State Police. The program shall consist of the
following: (1) distribution of sexual assault evidence
collection kits which have been approved by the Illinois State
Police to hospitals and approved pediatric health care
facilities that request them, or arranging for such
distribution by the manufacturer of the kits, (2) collection

HB1739 Enrolled - 91 - LRB102 11380 KMF 16713 b
of the kits from hospitals and approved pediatric health care
facilities after the kits have been used to collect evidence,
(3) analysis of the collected evidence and conducting of
laboratory tests, (4) maintaining the chain of custody and
safekeeping of the evidence for use in a legal proceeding, and
(5) the comparison of the collected evidence with the genetic
marker grouping analysis information maintained by the
Department of State Police under Section 5-4-3 of the Unified
Code of Corrections and with the information contained in the
Federal Bureau of Investigation's National DNA database;
provided the amount and quality of genetic marker grouping
results obtained from the evidence in the sexual assault case
meets the requirements of both the Department of State Police
and the Federal Bureau of Investigation's Combined DNA Index
System (CODIS) policies. The standardized evidence collection
kit for the State of Illinois shall be the Illinois State
Police Sexual Assault Evidence Kit and shall include a written
consent form authorizing law enforcement to test the sexual
assault evidence and to provide law enforcement with details
of the sexual assault.
(a-5) (Blank).
(b) The Illinois State Police shall administer a program
to train hospital and approved pediatric health care facility
personnel participating in the sexual assault evidence
collection program, in the correct use and application of the
sexual assault evidence collection kits. The Department shall

HB1739 Enrolled - 92 - LRB102 11380 KMF 16713 b
cooperate with the Illinois State Police in this program as it
pertains to medical aspects of the evidence collection.
(c) (Blank).
(d) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
(410 ILCS 70/6.4-1)
(Section scheduled to be repealed on June 30, 2021)
Sec. 6.4-1. Sexual assault evidence collection program.
(a) There is created a statewide sexual assault evidence
collection program to facilitate the prosecution of persons
accused of sexual assault. This program shall be administered
by the Illinois State Police. The program shall consist of the
following: (1) distribution of sexual assault evidence
collection kits which have been approved by the Illinois State
Police to hospitals, approved pediatric health care
facilities, and approved federally qualified health centers
that request them, or arranging for such distribution by the
manufacturer of the kits, (2) collection of the kits from
hospitals and approved pediatric health care facilities after
the kits have been used to collect evidence, (3) analysis of
the collected evidence and conducting of laboratory tests, (4)
maintaining the chain of custody and safekeeping of the
evidence for use in a legal proceeding, and (5) the comparison
of the collected evidence with the genetic marker grouping

HB1739 Enrolled - 93 - LRB102 11380 KMF 16713 b
analysis information maintained by the Department of State
Police under Section 5-4-3 of the Unified Code of Corrections
and with the information contained in the Federal Bureau of
Investigation's National DNA database; provided the amount and
quality of genetic marker grouping results obtained from the
evidence in the sexual assault case meets the requirements of
both the Department of State Police and the Federal Bureau of
Investigation's Combined DNA Index System (CODIS) policies.
The standardized evidence collection kit for the State of
Illinois shall be the Illinois State Police Sexual Assault
Evidence Kit and shall include a written consent form
authorizing law enforcement to test the sexual assault
evidence and to provide law enforcement with details of the
sexual assault.
(a-5) (Blank).
(b) The Illinois State Police shall administer a program
to train hospital, and approved pediatric health care
facility, and approved federally qualified health center
personnel participating in the sexual assault evidence
collection program, in the correct use and application of the
sexual assault evidence collection kits. The Department shall
cooperate with the Illinois State Police in this program as it
pertains to medical aspects of the evidence collection.
(c) (Blank).
(d) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)

HB1739 Enrolled - 94 - LRB102 11380 KMF 16713 b
(410 ILCS 70/6.5)
Sec. 6.5. Written consent to the release of sexual assault
evidence for testing.
(a) Upon the completion of medical forensic services, the
health care professional providing the medical forensic
services shall provide the patient the opportunity to sign a
written consent to allow law enforcement to submit the sexual
assault evidence for testing, if collected. The written
consent shall be on a form included in the sexual assault
evidence collection kit and posted on the Illinois State
Police website. The consent form shall include whether the
survivor consents to the release of information about the
sexual assault to law enforcement.
(1) A survivor 13 years of age or older may sign the
written consent to release the evidence for testing.
(2) If the survivor is a minor who is under 13 years of
age, the written consent to release the sexual assault
evidence for testing may be signed by the parent,
guardian, investigating law enforcement officer, or
Department of Children and Family Services.
(3) If the survivor is an adult who has a guardian of
the person, a health care surrogate, or an agent acting
under a health care power of attorney, the consent of the
guardian, surrogate, or agent is not required to release
evidence and information concerning the sexual assault or

HB1739 Enrolled - 95 - LRB102 11380 KMF 16713 b
sexual abuse. If the adult is unable to provide consent
for the release of evidence and information and a
guardian, surrogate, or agent under a health care power of
attorney is unavailable or unwilling to release the
information, then an investigating law enforcement officer
may authorize the release.
(4) Any health care professional or health care
institution, including any hospital or approved pediatric
health care facility, who provides evidence or information
to a law enforcement officer under a written consent as
specified in this Section is immune from any civil or
professional liability that might arise from those
actions, with the exception of willful or wanton
misconduct. The immunity provision applies only if all of
the requirements of this Section are met.
(b) The hospital or approved pediatric health care
facility shall keep a copy of a signed or unsigned written
consent form in the patient's medical record.
(c) If a written consent to allow law enforcement to hold
the sexual assault evidence is signed at the completion of
medical forensic services, the hospital or approved pediatric
health care facility shall include the following information
in its discharge instructions:
(1) the sexual assault evidence will be stored for 10
years from the completion of an Illinois State Police
Sexual Assault Evidence Collection Kit, or 10 years from

HB1739 Enrolled - 96 - LRB102 11380 KMF 16713 b
the age of 18 years, whichever is longer;
(2) a person authorized to consent to the testing of
the sexual assault evidence may sign a written consent to
allow law enforcement to test the sexual assault evidence
at any time during that 10-year period for an adult
victim, or until a minor victim turns 28 years of age by
(A) contacting the law enforcement agency having
jurisdiction, or if unknown, the law enforcement agency
contacted by the hospital or approved pediatric health
care facility under Section 3.2 of the Criminal
Identification Act; or (B) by working with an advocate at
a rape crisis center;
(3) the name, address, and phone number of the law
enforcement agency having jurisdiction, or if unknown the
name, address, and phone number of the law enforcement
agency contacted by the hospital or approved pediatric
health care facility under Section 3.2 of the Criminal
Identification Act; and
(4) the name and phone number of a local rape crisis
center.
(d) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19;
100-1087, eff. 1-1-19; 101-81, eff. 7-12-19; 101-634, eff.
6-5-20.)

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(410 ILCS 70/6.5-1)
(Section scheduled to be repealed on June 30, 2021)
Sec. 6.5-1. Written consent to the release of sexual
assault evidence for testing.
(a) Upon the completion of medical forensic services, the
health care professional providing the medical forensic
services shall provide the patient the opportunity to sign a
written consent to allow law enforcement to submit the sexual
assault evidence for testing, if collected. The written
consent shall be on a form included in the sexual assault
evidence collection kit and posted on the Illinois State
Police website. The consent form shall include whether the
survivor consents to the release of information about the
sexual assault to law enforcement.
(1) A survivor 13 years of age or older may sign the
written consent to release the evidence for testing.
(2) If the survivor is a minor who is under 13 years of
age, the written consent to release the sexual assault
evidence for testing may be signed by the parent,
guardian, investigating law enforcement officer, or
Department of Children and Family Services.
(3) If the survivor is an adult who has a guardian of
the person, a health care surrogate, or an agent acting
under a health care power of attorney, the consent of the
guardian, surrogate, or agent is not required to release
evidence and information concerning the sexual assault or

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sexual abuse. If the adult is unable to provide consent
for the release of evidence and information and a
guardian, surrogate, or agent under a health care power of
attorney is unavailable or unwilling to release the
information, then an investigating law enforcement officer
may authorize the release.
(4) Any health care professional or health care
institution, including any hospital, approved pediatric
health care facility, or approved federally qualified
health center, who provides evidence or information to a
law enforcement officer under a written consent as
specified in this Section is immune from any civil or
professional liability that might arise from those
actions, with the exception of willful or wanton
misconduct. The immunity provision applies only if all of
the requirements of this Section are met.
(b) The hospital, approved pediatric health care facility,
or approved federally qualified health center shall keep a
copy of a signed or unsigned written consent form in the
patient's medical record.
(c) If a written consent to allow law enforcement to hold
the sexual assault evidence is signed at the completion of
medical forensic services, the hospital, approved pediatric
health care facility, or approved federally qualified health
center shall include the following information in its
discharge instructions:

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(1) the sexual assault evidence will be stored for 10
years from the completion of an Illinois State Police
Sexual Assault Evidence Collection Kit, or 10 years from
the age of 18 years, whichever is longer;
(2) A person authorized to consent to the testing of
the sexual assault evidence may sign a written consent to
allow law enforcement to test the sexual assault evidence
at any time during that 10-year period for an adult
victim, or until a minor victim turns 28 years of age by
(A) contacting the law enforcement agency having
jurisdiction, or if unknown, the law enforcement agency
contacted by the hospital, approved pediatric health care
facility, or approved federally qualified health center
under Section 3.2 of the Criminal Identification Act; or
(B) by working with an advocate at a rape crisis center;
(3) the name, address, and phone number of the law
enforcement agency having jurisdiction, or if unknown the
name, address, and phone number of the law enforcement
agency contacted by the hospital or approved pediatric
health care facility under Section 3.2 of the Criminal
Identification Act; and
(4) the name and phone number of a local rape crisis
center.
(d) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)

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(410 ILCS 70/6.6)
Sec. 6.6. Submission of sexual assault evidence.
(a) As soon as practicable, but in no event more than 4
hours after the completion of medical forensic services, the
hospital or approved pediatric health care facility shall make
reasonable efforts to determine the law enforcement agency
having jurisdiction where the sexual assault occurred, if
sexual assault evidence was collected. The hospital or
approved pediatric health care facility may obtain the name of
the law enforcement agency with jurisdiction from the local
law enforcement agency.
(b) Within 4 hours after the completion of medical
forensic services, the hospital or approved pediatric health
care facility shall notify the law enforcement agency having
jurisdiction that the hospital or approved pediatric health
care facility is in possession of sexual assault evidence and
the date and time the collection of evidence was completed.
The hospital or approved pediatric health care facility shall
document the notification in the patient's medical records and
shall include the agency notified, the date and time of the
notification and the name of the person who received the
notification. This notification to the law enforcement agency
having jurisdiction satisfies the hospital's or approved
pediatric health care facility's requirement to contact its
local law enforcement agency under Section 3.2 of the Criminal
Identification Act.

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(c) If the law enforcement agency having jurisdiction has
not taken physical custody of sexual assault evidence within 5
days of the first contact by the hospital or approved
pediatric health care facility, the hospital or approved
pediatric health care facility shall renotify the law
enforcement agency having jurisdiction that the hospital or
approved pediatric health care facility is in possession of
sexual assault evidence and the date the sexual assault
evidence was collected. The hospital or approved pediatric
health care facility shall document the renotification in the
patient's medical records and shall include the agency
notified, the date and time of the notification and the name of
the person who received the notification.
(d) If the law enforcement agency having jurisdiction has
not taken physical custody of the sexual assault evidence
within 10 days of the first contact by the hospital or approved
pediatric health care facility and the hospital or approved
pediatric health care facility has provided renotification
under subsection (c) of this Section, the hospital or approved
pediatric health care facility shall contact the State's
Attorney of the county where the law enforcement agency having
jurisdiction is located. The hospital or approved pediatric
health care facility shall inform the State's Attorney that
the hospital or approved pediatric health care facility is in
possession of sexual assault evidence, the date the sexual
assault evidence was collected, the law enforcement agency

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having jurisdiction, the dates, times and names of persons
notified under subsections (b) and (c) of this Section. The
notification shall be made within 14 days of the collection of
the sexual assault evidence.
(e) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-201, eff. 8-18-17; 100-775, eff. 1-1-19;
101-634, eff. 6-5-20.)
(410 ILCS 70/6.6-1)
(Section scheduled to be repealed on June 30, 2021)
Sec. 6.6-1. Submission of sexual assault evidence.
(a) As soon as practicable, but in no event more than 4
hours after the completion of medical forensic services, the
hospital, approved pediatric health care facility, or approved
federally qualified health center shall make reasonable
efforts to determine the law enforcement agency having
jurisdiction where the sexual assault occurred, if sexual
assault evidence was collected. The hospital, approved
pediatric health care facility, or approved federally
qualified health center may obtain the name of the law
enforcement agency with jurisdiction from the local law
enforcement agency.
(b) Within 4 hours after the completion of medical
forensic services, the hospital, approved pediatric health
care facility, or approved federally qualified health center

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shall notify the law enforcement agency having jurisdiction
that the hospital, approved pediatric health care facility, or
approved federally qualified health center is in possession of
sexual assault evidence and the date and time the collection
of evidence was completed. The hospital, approved pediatric
health care facility, or approved federally qualified health
center shall document the notification in the patient's
medical records and shall include the agency notified, the
date and time of the notification and the name of the person
who received the notification. This notification to the law
enforcement agency having jurisdiction satisfies the
hospital's, approved pediatric health care facility's, or
approved federally qualified health center's requirement to
contact its local law enforcement agency under Section 3.2 of
the Criminal Identification Act.
(c) If the law enforcement agency having jurisdiction has
not taken physical custody of sexual assault evidence within 5
days of the first contact by the hospital, approved pediatric
health care facility, or approved federally qualified health
center, the hospital, approved pediatric health care facility,
or approved federally qualified health center shall renotify
the law enforcement agency having jurisdiction that the
hospital, approved pediatric health care facility, or approved
federally qualified health center is in possession of sexual
assault evidence and the date the sexual assault evidence was
collected. The hospital, approved pediatric health care

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facility, or approved federally qualified health center shall
document the renotification in the patient's medical records
and shall include the agency notified, the date and time of the
notification and the name of the person who received the
notification.
(d) If the law enforcement agency having jurisdiction has
not taken physical custody of the sexual assault evidence
within 10 days of the first contact by the hospital, approved
pediatric health care facility, or approved federally
qualified health center and the hospital, approved pediatric
health care facility, or approved federally qualified health
center has provided renotification under subsection (c) of
this Section, the hospital, approved pediatric health care
facility, or approved federally qualified health center shall
contact the State's Attorney of the county where the law
enforcement agency having jurisdiction is located. The
hospital, approved pediatric health care facility shall inform
the State's Attorney that the hospital, approved pediatric
health care facility, or approved federally qualified health
center is in possession of sexual assault evidence, the date
the sexual assault evidence was collected, the law enforcement
agency having jurisdiction, the dates, times and names of
persons notified under subsections (b) and (c)of this Section.
The notification shall be made within 14 days of the
collection of the sexual assault evidence.
(e) This Section is repealed on December 31 June 30, 2021.

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(Source: P.A. 101-634, eff. 6-5-20.)
(410 ILCS 70/7) (from Ch. 111 1/2, par. 87-7)
Sec. 7. Reimbursement.
(a) A hospital, approved pediatric health care facility,
or health care professional furnishing medical forensic
services, an ambulance provider furnishing transportation to a
sexual assault survivor, a hospital, health care professional,
or laboratory providing follow-up healthcare, or a pharmacy
dispensing prescribed medications to any sexual assault
survivor shall furnish such services or medications to that
person without charge and shall seek payment as follows:
(1) If a sexual assault survivor is eligible to
receive benefits under the medical assistance program
under Article V of the Illinois Public Aid Code, the
ambulance provider, hospital, approved pediatric health
care facility, health care professional, laboratory, or
pharmacy must submit the bill to the Department of
Healthcare and Family Services or the appropriate Medicaid
managed care organization and accept the amount paid as
full payment.
(2) If a sexual assault survivor is covered by one or
more policies of health insurance or is a beneficiary
under a public or private health coverage program, the
ambulance provider, hospital, approved pediatric health
care facility, health care professional, laboratory, or

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pharmacy shall bill the insurance company or program. With
respect to such insured patients, applicable deductible,
co-pay, co-insurance, denial of claim, or any other
out-of-pocket insurance-related expense may be submitted
to the Illinois Sexual Assault Emergency Treatment Program
of the Department of Healthcare and Family Services in
accordance with 89 Ill. Adm. Code 148.510 for payment at
the Department of Healthcare and Family Services'
allowable rates under the Illinois Public Aid Code. The
ambulance provider, hospital, approved pediatric health
care facility, health care professional, laboratory, or
pharmacy shall accept the amounts paid by the insurance
company or health coverage program and the Illinois Sexual
Assault Treatment Program as full payment.
(3) If a sexual assault survivor is neither eligible
to receive benefits under the medical assistance program
under Article V of the Illinois Public Aid Code nor
covered by a policy of insurance or a public or private
health coverage program, the ambulance provider, hospital,
approved pediatric health care facility, health care
professional, laboratory, or pharmacy shall submit the
request for reimbursement to the Illinois Sexual Assault
Emergency Treatment Program under the Department of
Healthcare and Family Services in accordance with 89 Ill.
Adm. Code 148.510 at the Department of Healthcare and
Family Services' allowable rates under the Illinois Public

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Aid Code.
(4) If a sexual assault survivor presents a sexual
assault services voucher for follow-up healthcare, the
healthcare professional, pediatric health care facility,
or laboratory that provides follow-up healthcare or the
pharmacy that dispenses prescribed medications to a sexual
assault survivor shall submit the request for
reimbursement for follow-up healthcare, pediatric health
care facility, laboratory, or pharmacy services to the
Illinois Sexual Assault Emergency Treatment Program under
the Department of Healthcare and Family Services in
accordance with 89 Ill. Adm. Code 148.510 at the
Department of Healthcare and Family Services' allowable
rates under the Illinois Public Aid Code. Nothing in this
subsection (a) precludes hospitals or approved pediatric
health care facilities from providing follow-up healthcare
and receiving reimbursement under this Section.
(b) Nothing in this Section precludes a hospital, health
care provider, ambulance provider, laboratory, or pharmacy
from billing the sexual assault survivor or any applicable
health insurance or coverage for inpatient services.
(c) (Blank).
(d) On and after July 1, 2012, the Department shall reduce
any rate of reimbursement for services or other payments or
alter any methodologies authorized by this Act or the Illinois
Public Aid Code to reduce any rate of reimbursement for

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services or other payments in accordance with Section 5-5e of
the Illinois Public Aid Code.
(e) The Department of Healthcare and Family Services shall
establish standards, rules, and regulations to implement this
Section.
(f) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
(410 ILCS 70/7-1)
(Section scheduled to be repealed on June 30, 2021)
Sec. 7-1. Reimbursement
(a) A hospital, approved pediatric health care facility,
approved federally qualified health center, or health care
professional furnishing medical forensic services, an
ambulance provider furnishing transportation to a sexual
assault survivor, a hospital, health care professional, or
laboratory providing follow-up healthcare, or a pharmacy
dispensing prescribed medications to any sexual assault
survivor shall furnish such services or medications to that
person without charge and shall seek payment as follows:
(1) If a sexual assault survivor is eligible to
receive benefits under the medical assistance program
under Article V of the Illinois Public Aid Code, the
ambulance provider, hospital, approved pediatric health
care facility, approved federally qualified health center,

HB1739 Enrolled - 109 - LRB102 11380 KMF 16713 b
health care professional, laboratory, or pharmacy must
submit the bill to the Department of Healthcare and Family
Services or the appropriate Medicaid managed care
organization and accept the amount paid as full payment.
(2) If a sexual assault survivor is covered by one or
more policies of health insurance or is a beneficiary
under a public or private health coverage program, the
ambulance provider, hospital, approved pediatric health
care facility, approved federally qualified health center,
health care professional, laboratory, or pharmacy shall
bill the insurance company or program. With respect to
such insured patients, applicable deductible, co-pay,
co-insurance, denial of claim, or any other out-of-pocket
insurance-related expense may be submitted to the Illinois
Sexual Assault Emergency Treatment Program of the
Department of Healthcare and Family Services in accordance
with 89 Ill. Adm. Code 148.510 for payment at the
Department of Healthcare and Family Services' allowable
rates under the Illinois Public Aid Code. The ambulance
provider, hospital, approved pediatric health care
facility, approved federally qualified health center,
health care professional, laboratory, or pharmacy shall
accept the amounts paid by the insurance company or health
coverage program and the Illinois Sexual Assault Treatment
Program as full payment.
(3) If a sexual assault survivor is neither eligible

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to receive benefits under the medical assistance program
under Article V of the Illinois Public Aid Code nor
covered by a policy of insurance or a public or private
health coverage program, the ambulance provider, hospital,
approved pediatric health care facility, approved
federally qualified health center, health care
professional, laboratory, or pharmacy shall submit the
request for reimbursement to the Illinois Sexual Assault
Emergency Treatment Program under the Department of
Healthcare and Family Services in accordance with 89 Ill.
Adm. Code 148.510 at the Department of Healthcare and
Family Services' allowable rates under the Illinois Public
Aid Code.
(4) If a sexual assault survivor presents a sexual
assault services voucher for follow-up healthcare, the
healthcare professional, pediatric health care facility,
federally qualified health center, or laboratory that
provides follow-up healthcare or the pharmacy that
dispenses prescribed medications to a sexual assault
survivor shall submit the request for reimbursement for
follow-up healthcare, pediatric health care facility,
laboratory, or pharmacy services to the Illinois Sexual
Assault Emergency Treatment Program under the Department
of Healthcare and Family Services in accordance with 89
Ill. Adm. Code 148.510 at the Department of Healthcare and
Family Services' allowable rates under the Illinois Public

HB1739 Enrolled - 111 - LRB102 11380 KMF 16713 b
Aid Code. Nothing in this subsection (a) precludes
hospitals, or approved pediatric health care facilities or
approved federally qualified health centers from providing
follow-up healthcare and receiving reimbursement under
this Section.
(b) Nothing in this Section precludes a hospital, health
care provider, ambulance provider, laboratory, or pharmacy
from billing the sexual assault survivor or any applicable
health insurance or coverage for inpatient services.
(c) (Blank).
(d) On and after July 1, 2012, the Department shall reduce
any rate of reimbursement for services or other payments or
alter any methodologies authorized by this Act or the Illinois
Public Aid Code to reduce any rate of reimbursement for
services or other payments in accordance with Section 5-5e of
the Illinois Public Aid Code.
(e) The Department of Healthcare and Family Services shall
establish standards, rules, and regulations to implement this
Section.
(f) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
(410 ILCS 70/7.5)
(Text of Section before amendment by P.A. 101-652)
Sec. 7.5. Prohibition on billing sexual assault survivors
directly for certain services; written notice; billing

HB1739 Enrolled - 112 - LRB102 11380 KMF 16713 b
protocols.
(a) A hospital, approved pediatric health care facility,
health care professional, ambulance provider, laboratory, or
pharmacy furnishing medical forensic services, transportation,
follow-up healthcare, or medication to a sexual assault
survivor shall not:
(1) charge or submit a bill for any portion of the
costs of the services, transportation, or medications to
the sexual assault survivor, including any insurance
deductible, co-pay, co-insurance, denial of claim by an
insurer, spenddown, or any other out-of-pocket expense;
(2) communicate with, harass, or intimidate the sexual
assault survivor for payment of services, including, but
not limited to, repeatedly calling or writing to the
sexual assault survivor and threatening to refer the
matter to a debt collection agency or to an attorney for
collection, enforcement, or filing of other process;
(3) refer a bill to a collection agency or attorney
for collection action against the sexual assault survivor;
(4) contact or distribute information to affect the
sexual assault survivor's credit rating; or
(5) take any other action adverse to the sexual
assault survivor or his or her family on account of
providing services to the sexual assault survivor.
(b) Nothing in this Section precludes a hospital, health
care provider, ambulance provider, laboratory, or pharmacy

HB1739 Enrolled - 113 - LRB102 11380 KMF 16713 b
from billing the sexual assault survivor or any applicable
health insurance or coverage for inpatient services.
(c) Every hospital and approved pediatric health care
facility providing treatment services to sexual assault
survivors in accordance with a plan approved under Section 2
of this Act shall provide a written notice to a sexual assault
survivor. The written notice must include, but is not limited
to, the following:
(1) a statement that the sexual assault survivor
should not be directly billed by any ambulance provider
providing transportation services, or by any hospital,
approved pediatric health care facility, health care
professional, laboratory, or pharmacy for the services the
sexual assault survivor received as an outpatient at the
hospital or approved pediatric health care facility;
(2) a statement that a sexual assault survivor who is
admitted to a hospital may be billed for inpatient
services provided by a hospital, health care professional,
laboratory, or pharmacy;
(3) a statement that prior to leaving the hospital or
approved pediatric health care facility, the hospital or
approved pediatric health care facility will give the
sexual assault survivor a sexual assault services voucher
for follow-up healthcare if the sexual assault survivor is
eligible to receive a sexual assault services voucher;
(4) the definition of "follow-up healthcare" as set

HB1739 Enrolled - 114 - LRB102 11380 KMF 16713 b
forth in Section 1a of this Act;
(5) a phone number the sexual assault survivor may
call should the sexual assault survivor receive a bill
from the hospital or approved pediatric health care
facility for medical forensic services;
(6) the toll-free phone number of the Office of the
Illinois Attorney General, Crime Victim Services Division,
which the sexual assault survivor may call should the
sexual assault survivor receive a bill from an ambulance
provider, approved pediatric health care facility, a
health care professional, a laboratory, or a pharmacy.
This subsection (c) shall not apply to hospitals that
provide transfer services as defined under Section 1a of this
Act.
(d) Within 60 days after the effective date of this
amendatory Act of the 99th General Assembly, every health care
professional, except for those employed by a hospital or
hospital affiliate, as defined in the Hospital Licensing Act,
or those employed by a hospital operated under the University
of Illinois Hospital Act, who bills separately for medical or
forensic services must develop a billing protocol that ensures
that no survivor of sexual assault will be sent a bill for any
medical forensic services and submit the billing protocol to
the Crime Victim Services Division of the Office of the
Attorney General for approval. Within 60 days after the
commencement of the provision of medical forensic services,

HB1739 Enrolled - 115 - LRB102 11380 KMF 16713 b
every health care professional, except for those employed by a
hospital or hospital affiliate, as defined in the Hospital
Licensing Act, or those employed by a hospital operated under
the University of Illinois Hospital Act, who bills separately
for medical or forensic services must develop a billing
protocol that ensures that no survivor of sexual assault is
sent a bill for any medical forensic services and submit the
billing protocol to the Crime Victim Services Division of the
Office of the Attorney General for approval. Health care
professionals who bill as a legal entity may submit a single
billing protocol for the billing entity.
Within 60 days after the Department's approval of a
treatment plan, an approved pediatric health care facility and
any health care professional employed by an approved pediatric
health care facility must develop a billing protocol that
ensures that no survivor of sexual assault is sent a bill for
any medical forensic services and submit the billing protocol
to the Crime Victim Services Division of the Office of the
Attorney General for approval.
The billing protocol must include at a minimum:
(1) a description of training for persons who prepare
bills for medical and forensic services;
(2) a written acknowledgement signed by a person who
has completed the training that the person will not bill
survivors of sexual assault;
(3) prohibitions on submitting any bill for any

HB1739 Enrolled - 116 - LRB102 11380 KMF 16713 b
portion of medical forensic services provided to a
survivor of sexual assault to a collection agency;
(4) prohibitions on taking any action that would
adversely affect the credit of the survivor of sexual
assault;
(5) the termination of all collection activities if
the protocol is violated; and
(6) the actions to be taken if a bill is sent to a
collection agency or the failure to pay is reported to any
credit reporting agency.
The Crime Victim Services Division of the Office of the
Attorney General may provide a sample acceptable billing
protocol upon request.
The Office of the Attorney General shall approve a
proposed protocol if it finds that the implementation of the
protocol would result in no survivor of sexual assault being
billed or sent a bill for medical forensic services.
If the Office of the Attorney General determines that
implementation of the protocol could result in the billing of
a survivor of sexual assault for medical forensic services,
the Office of the Attorney General shall provide the health
care professional or approved pediatric health care facility
with a written statement of the deficiencies in the protocol.
The health care professional or approved pediatric health care
facility shall have 30 days to submit a revised billing
protocol addressing the deficiencies to the Office of the

HB1739 Enrolled - 117 - LRB102 11380 KMF 16713 b
Attorney General. The health care professional or approved
pediatric health care facility shall implement the protocol
upon approval by the Crime Victim Services Division of the
Office of the Attorney General.
The health care professional or approved pediatric health
care facility shall submit any proposed revision to or
modification of an approved billing protocol to the Crime
Victim Services Division of the Office of the Attorney General
for approval. The health care professional or approved
pediatric health care facility shall implement the revised or
modified billing protocol upon approval by the Crime Victim
Services Division of the Office of the Illinois Attorney
General.
(e) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
(Text of Section after amendment by P.A. 101-652)
Sec. 7.5. Prohibition on billing sexual assault survivors
directly for certain services; written notice; billing
protocols.
(a) A hospital, approved pediatric health care facility,
health care professional, ambulance provider, laboratory, or
pharmacy furnishing medical forensic services, transportation,
follow-up healthcare, or medication to a sexual assault
survivor shall not:

HB1739 Enrolled - 118 - LRB102 11380 KMF 16713 b
(1) charge or submit a bill for any portion of the
costs of the services, transportation, or medications to
the sexual assault survivor, including any insurance
deductible, co-pay, co-insurance, denial of claim by an
insurer, spenddown, or any other out-of-pocket expense;
(2) communicate with, harass, or intimidate the sexual
assault survivor for payment of services, including, but
not limited to, repeatedly calling or writing to the
sexual assault survivor and threatening to refer the
matter to a debt collection agency or to an attorney for
collection, enforcement, or filing of other process;
(3) refer a bill to a collection agency or attorney
for collection action against the sexual assault survivor;
(4) contact or distribute information to affect the
sexual assault survivor's credit rating; or
(5) take any other action adverse to the sexual
assault survivor or his or her family on account of
providing services to the sexual assault survivor.
(b) Nothing in this Section precludes a hospital, health
care provider, ambulance provider, laboratory, or pharmacy
from billing the sexual assault survivor or any applicable
health insurance or coverage for inpatient services.
(c) Every hospital and approved pediatric health care
facility providing treatment services to sexual assault
survivors in accordance with a plan approved under Section 2
of this Act shall provide a written notice to a sexual assault

HB1739 Enrolled - 119 - LRB102 11380 KMF 16713 b
survivor. The written notice must include, but is not limited
to, the following:
(1) a statement that the sexual assault survivor
should not be directly billed by any ambulance provider
providing transportation services, or by any hospital,
approved pediatric health care facility, health care
professional, laboratory, or pharmacy for the services the
sexual assault survivor received as an outpatient at the
hospital or approved pediatric health care facility;
(2) a statement that a sexual assault survivor who is
admitted to a hospital may be billed for inpatient
services provided by a hospital, health care professional,
laboratory, or pharmacy;
(3) a statement that prior to leaving the hospital or
approved pediatric health care facility, the hospital or
approved pediatric health care facility will give the
sexual assault survivor a sexual assault services voucher
for follow-up healthcare if the sexual assault survivor is
eligible to receive a sexual assault services voucher;
(4) the definition of "follow-up healthcare" as set
forth in Section 1a of this Act;
(5) a phone number the sexual assault survivor may
call should the sexual assault survivor receive a bill
from the hospital or approved pediatric health care
facility for medical forensic services;
(6) the toll-free phone number of the Office of the

HB1739 Enrolled - 120 - LRB102 11380 KMF 16713 b
Illinois Attorney General, which the sexual assault
survivor may call should the sexual assault survivor
receive a bill from an ambulance provider, approved
pediatric health care facility, a health care
professional, a laboratory, or a pharmacy.
This subsection (c) shall not apply to hospitals that
provide transfer services as defined under Section 1a of this
Act.
(d) Within 60 days after the effective date of this
amendatory Act of the 99th General Assembly, every health care
professional, except for those employed by a hospital or
hospital affiliate, as defined in the Hospital Licensing Act,
or those employed by a hospital operated under the University
of Illinois Hospital Act, who bills separately for medical or
forensic services must develop a billing protocol that ensures
that no survivor of sexual assault will be sent a bill for any
medical forensic services and submit the billing protocol to
the Office of the Attorney General for approval. Within 60
days after the commencement of the provision of medical
forensic services, every health care professional, except for
those employed by a hospital or hospital affiliate, as defined
in the Hospital Licensing Act, or those employed by a hospital
operated under the University of Illinois Hospital Act, who
bills separately for medical or forensic services must develop
a billing protocol that ensures that no survivor of sexual
assault is sent a bill for any medical forensic services and

HB1739 Enrolled - 121 - LRB102 11380 KMF 16713 b
submit the billing protocol to the Attorney General for
approval. Health care professionals who bill as a legal entity
may submit a single billing protocol for the billing entity.
Within 60 days after the Department's approval of a
treatment plan, an approved pediatric health care facility and
any health care professional employed by an approved pediatric
health care facility must develop a billing protocol that
ensures that no survivor of sexual assault is sent a bill for
any medical forensic services and submit the billing protocol
to the Office of the Attorney General for approval.
The billing protocol must include at a minimum:
(1) a description of training for persons who prepare
bills for medical and forensic services;
(2) a written acknowledgement signed by a person who
has completed the training that the person will not bill
survivors of sexual assault;
(3) prohibitions on submitting any bill for any
portion of medical forensic services provided to a
survivor of sexual assault to a collection agency;
(4) prohibitions on taking any action that would
adversely affect the credit of the survivor of sexual
assault;
(5) the termination of all collection activities if
the protocol is violated; and
(6) the actions to be taken if a bill is sent to a
collection agency or the failure to pay is reported to any

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credit reporting agency.
The Office of the Attorney General may provide a sample
acceptable billing protocol upon request.
The Office of the Attorney General shall approve a
proposed protocol if it finds that the implementation of the
protocol would result in no survivor of sexual assault being
billed or sent a bill for medical forensic services.
If the Office of the Attorney General determines that
implementation of the protocol could result in the billing of
a survivor of sexual assault for medical forensic services,
the Office of the Attorney General shall provide the health
care professional or approved pediatric health care facility
with a written statement of the deficiencies in the protocol.
The health care professional or approved pediatric health care
facility shall have 30 days to submit a revised billing
protocol addressing the deficiencies to the Office of the
Attorney General. The health care professional or approved
pediatric health care facility shall implement the protocol
upon approval by the Office of the Attorney General.
The health care professional or approved pediatric health
care facility shall submit any proposed revision to or
modification of an approved billing protocol to the Office of
the Attorney General for approval. The health care
professional or approved pediatric health care facility shall
implement the revised or modified billing protocol upon
approval by the Office of the Illinois Attorney General.

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(e) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20;
101-652, eff. 7-1-21.)
(410 ILCS 70/7.5-1)
(Section scheduled to be repealed on June 30, 2021)
Sec. 7.5-1. Prohibition on billing sexual assault
survivors directly for certain services; written notice;
billing protocols.
(a) A hospital, approved pediatric health care facility,
approved federally qualified health center, health care
professional, ambulance provider, laboratory, or pharmacy
furnishing medical forensic services, transportation,
follow-up healthcare, or medication to a sexual assault
survivor shall not:
(1) charge or submit a bill for any portion of the
costs of the services, transportation, or medications to
the sexual assault survivor, including any insurance
deductible, co-pay, co-insurance, denial of claim by an
insurer, spenddown, or any other out-of-pocket expense;
(2) communicate with, harass, or intimidate the sexual
assault survivor for payment of services, including, but
not limited to, repeatedly calling or writing to the
sexual assault survivor and threatening to refer the
matter to a debt collection agency or to an attorney for

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collection, enforcement, or filing of other process;
(3) refer a bill to a collection agency or attorney
for collection action against the sexual assault survivor;
(4) contact or distribute information to affect the
sexual assault survivor's credit rating; or
(5) take any other action adverse to the sexual
assault survivor or his or her family on account of
providing services to the sexual assault survivor.
(b) Nothing in this Section precludes a hospital, health
care provider, ambulance provider, laboratory, or pharmacy
from billing the sexual assault survivor or any applicable
health insurance or coverage for inpatient services.
(c) Every hospital, approved pediatric health care
facility, and approved federally qualified health center
providing treatment services to sexual assault survivors in
accordance with a plan approved under Section 2-1 of this Act
shall provide a written notice to a sexual assault survivor.
The written notice must include, but is not limited to, the
following:
(1) a statement that the sexual assault survivor
should not be directly billed by any ambulance provider
providing transportation services, or by any hospital,
approved pediatric health care facility, approved
federally qualified health center, health care
professional, laboratory, or pharmacy for the services the
sexual assault survivor received as an outpatient at the

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hospital, approved pediatric health care facility, or
approved federally qualified health center;
(2) a statement that a sexual assault survivor who is
admitted to a hospital may be billed for inpatient
services provided by a hospital, health care professional,
laboratory, or pharmacy;
(3) a statement that prior to leaving the hospital,
approved pediatric health care facility, or approved
federally qualified health center, the hospital, approved
pediatric health care facility, or approved federally
qualified health center will give the sexual assault
survivor a sexual assault services voucher for follow-up
healthcare if the sexual assault survivor is eligible to
receive a sexual assault services voucher;
(4) the definition of "follow-up healthcare" as set
forth in Section 1a-1 of this Act;
(5) a phone number the sexual assault survivor may
call should the sexual assault survivor receive a bill
from the hospital, approved pediatric health care
facility, or approved federally qualified health center
for medical forensic services;
(6) the toll-free phone number of the Office of the
Illinois Attorney General, Crime Victim Services Division,
which the sexual assault survivor may call should the
sexual assault survivor receive a bill from an ambulance
provider, approved pediatric health care facility,

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approved federally qualified health center, a health care
professional, a laboratory, or a pharmacy.
This subsection (c) shall not apply to hospitals that
provide transfer services as defined under Section 1a-1 of
this Act.
(d) Within 60 days after the effective date of this
amendatory Act of the 101st General Assembly, every health
care professional, except for those employed by a hospital or
hospital affiliate, as defined in the Hospital Licensing Act,
or those employed by a hospital operated under the University
of Illinois Hospital Act, who bills separately for medical or
forensic services must develop a billing protocol that ensures
that no survivor of sexual assault will be sent a bill for any
medical forensic services and submit the billing protocol to
the Crime Victim Services Division of the Office of the
Attorney General for approval. Within 60 days after the
commencement of the provision of medical forensic services,
every health care professional, except for those employed by a
hospital or hospital affiliate, as defined in the Hospital
Licensing Act, or those employed by a hospital operated under
the University of Illinois Hospital Act, who bills separately
for medical or forensic services must develop a billing
protocol that ensures that no survivor of sexual assault is
sent a bill for any medical forensic services and submit the
billing protocol to the Crime Victim Services Division of the
Office of the Attorney General for approval. Health care

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professionals who bill as a legal entity may submit a single
billing protocol for the billing entity.
Within 60 days after the Department's approval of a
treatment plan, an approved pediatric health care facility and
any health care professional employed by an approved pediatric
health care facility must develop a billing protocol that
ensures that no survivor of sexual assault is sent a bill for
any medical forensic services and submit the billing protocol
to the Crime Victim Services Division of the Office of the
Attorney General for approval.
Within 14 days after the Department's approval of a
treatment plan, an approved federally qualified health center
and any health care professional employed by an approved
federally qualified health center must develop a billing
protocol that ensures that no survivor of sexual assault is
sent a bill for any medical forensic services and submit the
billing protocol to the Crime Victim Services Division of the
Office of the Attorney General for approval.
The billing protocol must include at a minimum:
(1) a description of training for persons who prepare
bills for medical and forensic services;
(2) a written acknowledgement signed by a person who
has completed the training that the person will not bill
survivors of sexual assault;
(3) prohibitions on submitting any bill for any
portion of medical forensic services provided to a

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survivor of sexual assault to a collection agency;
(4) prohibitions on taking any action that would
adversely affect the credit of the survivor of sexual
assault;
(5) the termination of all collection activities if
the protocol is violated; and
(6) the actions to be taken if a bill is sent to a
collection agency or the failure to pay is reported to any
credit reporting agency.
The Crime Victim Services Division of the Office of the
Attorney General may provide a sample acceptable billing
protocol upon request.
The Office of the Attorney General shall approve a
proposed protocol if it finds that the implementation of the
protocol would result in no survivor of sexual assault being
billed or sent a bill for medical forensic services.
If the Office of the Attorney General determines that
implementation of the protocol could result in the billing of
a survivor of sexual assault for medical forensic services,
the Office of the Attorney General shall provide the health
care professional or approved pediatric health care facility
with a written statement of the deficiencies in the protocol.
The health care professional or approved pediatric health care
facility shall have 30 days to submit a revised billing
protocol addressing the deficiencies to the Office of the
Attorney General. The health care professional or approved

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pediatric health care facility shall implement the protocol
upon approval by the Crime Victim Services Division of the
Office of the Attorney General.
The health care professional, approved pediatric health
care facility, or approved federally qualified health center
shall submit any proposed revision to or modification of an
approved billing protocol to the Crime Victim Services
Division of the Office of the Attorney General for approval.
The health care professional, approved pediatric health care
facility, or approved federally qualified health center shall
implement the revised or modified billing protocol upon
approval by the Crime Victim Services Division of the Office
of the Illinois Attorney General.
(e) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
(410 ILCS 70/8) (from Ch. 111 1/2, par. 87-8)
Sec. 8. Penalties.
(a) Any hospital or approved pediatric health care
facility violating any provisions of this Act other than
Section 7.5 shall be guilty of a petty offense for each
violation, and any fine imposed shall be paid into the general
corporate funds of the city, incorporated town or village in
which the hospital or approved pediatric health care facility
is located, or of the county, in case such hospital is outside
the limits of any incorporated municipality.

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(b) The Attorney General may seek the assessment of one or
more of the following civil monetary penalties in any action
filed under this Act where the hospital, approved pediatric
health care facility, health care professional, ambulance
provider, laboratory, or pharmacy knowingly violates Section
7.5 of the Act:
(1) For willful violations of paragraphs (1), (2),
(4), or (5) of subsection (a) of Section 7.5 or subsection
(c) of Section 7.5, the civil monetary penalty shall not
exceed $500 per violation.
(2) For violations of paragraphs (1), (2), (4), or (5)
of subsection (a) of Section 7.5 or subsection (c) of
Section 7.5 involving a pattern or practice, the civil
monetary penalty shall not exceed $500 per violation.
(3) For violations of paragraph (3) of subsection (a)
of Section 7.5, the civil monetary penalty shall not
exceed $500 for each day the bill is with a collection
agency.
(4) For violations involving the failure to submit
billing protocols within the time period required under
subsection (d) of Section 7.5, the civil monetary penalty
shall not exceed $100 per day until the health care
professional or approved pediatric health care facility
complies with subsection (d) of Section 7.5.
All civil monetary penalties shall be deposited into the
Violent Crime Victims Assistance Fund.

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(c) This Section is effective on and after January 1, 2022
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
(410 ILCS 70/8-1)
(Section scheduled to be repealed on June 30, 2021)
Sec. 8-1. Penalties.
(a) Any hospital, approved pediatric health care facility,
or approved federally qualified health center violating any
provisions of this Act other than Section 7.5-1 shall be
guilty of a petty offense for each violation, and any fine
imposed shall be paid into the general corporate funds of the
city, incorporated town or village in which the hospital,
approved pediatric health care facility, or approved federally
qualified health center is located, or of the county, in case
such hospital is outside the limits of any incorporated
municipality.
(b) The Attorney General may seek the assessment of one or
more of the following civil monetary penalties in any action
filed under this Act where the hospital, approved pediatric
health care facility, approved federally qualified health
center, health care professional, ambulance provider,
laboratory, or pharmacy knowingly violates Section 7.5-1 of
the Act:
(1) For willful violations of paragraphs (1), (2),
(4), or (5) of subsection (a) of Section 7.5-1 or

HB1739 Enrolled - 132 - LRB102 11380 KMF 16713 b
subsection (c) of Section 7.5-1, the civil monetary
penalty shall not exceed $500 per violation.
(2) For violations of paragraphs (1), (2), (4), or (5)
of subsection (a) of Section 7.5-1 or subsection (c) of
Section 7.5-1 involving a pattern or practice, the civil
monetary penalty shall not exceed $500 per violation.
(3) For violations of paragraph (3) of subsection (a)
of Section 7.5-1, the civil monetary penalty shall not
exceed $500 for each day the bill is with a collection
agency.
(4) For violations involving the failure to submit
billing protocols within the time period required under
subsection (d) of Section 7.5-1, the civil monetary
penalty shall not exceed $100 per day until the health
care professional or approved pediatric health care
facility complies with subsection (d) of Section 7.5-1.
All civil monetary penalties shall be deposited into the
Violent Crime Victims Assistance Fund.
(c) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
(410 ILCS 70/10)
Sec. 10. Sexual Assault Nurse Examiner Program.
(a) The Sexual Assault Nurse Examiner Program is
established within the Office of the Attorney General. The
Sexual Assault Nurse Examiner Program shall maintain a list of

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sexual assault nurse examiners who have completed didactic and
clinical training requirements consistent with the Sexual
Assault Nurse Examiner Education Guidelines established by the
International Association of Forensic Nurses.
(b) By March 1, 2019, the Sexual Assault Nurse Examiner
Program shall develop and make available to hospitals 2 hours
of online sexual assault training for emergency department
clinical staff to meet the training requirement established in
subsection (a) of Section 2. Notwithstanding any other law
regarding ongoing licensure requirements, such training shall
count toward the continuing medical education and continuing
nursing education credits for physicians, physician
assistants, advanced practice registered nurses, and
registered professional nurses.
The Sexual Assault Nurse Examiner Program shall provide
didactic and clinical training opportunities consistent with
the Sexual Assault Nurse Examiner Education Guidelines
established by the International Association of Forensic
Nurses, in sufficient numbers and geographical locations
across the State, to assist hospitals with training the
necessary number of sexual assault nurse examiners to comply
with the requirement of this Act to employ or contract with a
qualified medical provider to initiate medical forensic
services to a sexual assault survivor within 90 minutes of the
patient presenting to the hospital as required in subsection
(a-7) of Section 5.

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The Sexual Assault Nurse Examiner Program shall assist
hospitals in establishing trainings to achieve the
requirements of this Act.
For the purpose of providing continuing medical education
credit in accordance with the Medical Practice Act of 1987 and
administrative rules adopted under the Medical Practice Act of
1987 and continuing education credit in accordance with the
Nurse Practice Act and administrative rules adopted under the
Nurse Practice Act to health care professionals for the
completion of sexual assault training provided by the Sexual
Assault Nurse Examiner Program under this Act, the Office of
the Attorney General shall be considered a State agency.
(c) The Sexual Assault Nurse Examiner Program, in
consultation with qualified medical providers, shall create
uniform materials that all treatment hospitals, treatment
hospitals with approved pediatric transfer, and approved
pediatric health care facilities are required to give patients
and non-offending parents or legal guardians, if applicable,
regarding the medical forensic exam procedure, laws regarding
consenting to medical forensic services, and the benefits and
risks of evidence collection, including recommended time
frames for evidence collection pursuant to evidence-based
research. These materials shall be made available to all
hospitals and approved pediatric health care facilities on the
Office of the Attorney General's website.
(d) This Section is effective on and after January 1, 2022

HB1739 Enrolled - 135 - LRB102 11380 KMF 16713 b
July 1, 2021.
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
(410 ILCS 70/10-1)
(Section scheduled to be repealed on June 30, 2021)
Sec. 10-1. Sexual Assault Nurse Examiner Program.
(a) The Sexual Assault Nurse Examiner Program is
established within the Office of the Attorney General. The
Sexual Assault Nurse Examiner Program shall maintain a list of
sexual assault nurse examiners who have completed didactic and
clinical training requirements consistent with the Sexual
Assault Nurse Examiner Education Guidelines established by the
International Association of Forensic Nurses.
(b) By March 1, 2019, the Sexual Assault Nurse Examiner
Program shall develop and make available to hospitals 2 hours
of online sexual assault training for emergency department
clinical staff to meet the training requirement established in
subsection (a) of Section 2-1. Notwithstanding any other law
regarding ongoing licensure requirements, such training shall
count toward the continuing medical education and continuing
nursing education credits for physicians, physician
assistants, advanced practice registered nurses, and
registered professional nurses.
The Sexual Assault Nurse Examiner Program shall provide
didactic and clinical training opportunities consistent with
the Sexual Assault Nurse Examiner Education Guidelines

HB1739 Enrolled - 136 - LRB102 11380 KMF 16713 b
established by the International Association of Forensic
Nurses, in sufficient numbers and geographical locations
across the State, to assist hospitals with training the
necessary number of sexual assault nurse examiners to comply
with the requirement of this Act to employ or contract with a
qualified medical provider to initiate medical forensic
services to a sexual assault survivor within 90 minutes of the
patient presenting to the hospital as required in subsection
(a-7) of Section 5-1.
The Sexual Assault Nurse Examiner Program shall assist
hospitals in establishing trainings to achieve the
requirements of this Act.
For the purpose of providing continuing medical education
credit in accordance with the Medical Practice Act of 1987 and
administrative rules adopted under the Medical Practice Act of
1987 and continuing education credit in accordance with the
Nurse Practice Act and administrative rules adopted under the
Nurse Practice Act to health care professionals for the
completion of sexual assault training provided by the Sexual
Assault Nurse Examiner Program under this Act, the Office of
the Attorney General shall be considered a State agency.
(c) The Sexual Assault Nurse Examiner Program, in
consultation with qualified medical providers, shall create
uniform materials that all treatment hospitals, treatment
hospitals with approved pediatric transfer, approved pediatric
health care facilities, and approved federally qualified

HB1739 Enrolled - 137 - LRB102 11380 KMF 16713 b
health centers are required to give patients and non-offending
parents or legal guardians, if applicable, regarding the
medical forensic exam procedure, laws regarding consenting to
medical forensic services, and the benefits and risks of
evidence collection, including recommended time frames for
evidence collection pursuant to evidence-based research. These
materials shall be made available to all hospitals, approved
pediatric health care facilities, and approved federally
qualified health centers on the Office of the Attorney
General's website.
(d) This Section is repealed on December 31 June 30, 2021.
(Source: P.A. 101-634, eff. 6-5-20.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 106B-10 as follows:
(725 ILCS 5/106B-10)
Sec. 106B-10. Conditions for testimony by a victim who is
a child or a moderately, severely, or profoundly
intellectually disabled person or a person affected by a
developmental disability. In a prosecution of criminal sexual
assault, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal sexual abuse, or
aggravated criminal sexual abuse, or any violent crime as
defined in subsection (c) of Section 3 of the Rights of Crime
Victims and Witnesses Act, the court may set any conditions it

HB1739 Enrolled - 138 - LRB102 11380 KMF 16713 b
finds just and appropriate on the taking of testimony of a
victim who is a child under the age of 18 years or a
moderately, severely, or profoundly intellectually disabled
person or a person affected by a developmental disability,
involving the use of a facility dog in any proceeding
involving that offense. When deciding whether to permit the
child or person to testify with the assistance of a facility
dog, the court shall take into consideration the age of the
child or person, the rights of the parties to the litigation,
and any other relevant factor that would facilitate the
testimony by the child or the person. As used in this Section,
"facility dog" means a dog that is a graduate of an assistance
dog organization that is a member of Assistance Dogs
International.
(Source: P.A. 99-94, eff. 1-1-16.)
Section 15. The Rights of Crime Victims and Witnesses Act
is amended by changing Sections 4.5, 7, and 9 as follows:
(725 ILCS 120/4.5)
(Text of Section before amendment by P.A. 101-652)
Sec. 4.5. Procedures to implement the rights of crime
victims. To afford crime victims their rights, law
enforcement, prosecutors, judges, and corrections will provide
information, as appropriate, of the following procedures:
(a) At the request of the crime victim, law enforcement

HB1739 Enrolled - 139 - LRB102 11380 KMF 16713 b
authorities investigating the case shall provide notice of the
status of the investigation, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation, until such time
as the alleged assailant is apprehended or the investigation
is closed.
(a-5) When law enforcement authorities reopen a closed
case to resume investigating, they shall provide notice of the
reopening of the case, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation.
(b) The office of the State's Attorney:
(1) shall provide notice of the filing of an
information, the return of an indictment, or the filing of
a petition to adjudicate a minor as a delinquent for a
violent crime;
(2) shall provide timely notice of the date, time, and
place of court proceedings; of any change in the date,
time, and place of court proceedings; and of any
cancellation of court proceedings. Notice shall be
provided in sufficient time, wherever possible, for the
victim to make arrangements to attend or to prevent an
unnecessary appearance at court proceedings;
(3) or victim advocate personnel shall provide
information of social services and financial assistance
available for victims of crime, including information of

HB1739 Enrolled - 140 - LRB102 11380 KMF 16713 b
how to apply for these services and assistance;
(3.5) or victim advocate personnel shall provide
information about available victim services, including
referrals to programs, counselors, and agencies that
assist a victim to deal with trauma, loss, and grief;
(4) shall assist in having any stolen or other
personal property held by law enforcement authorities for
evidentiary or other purposes returned as expeditiously as
possible, pursuant to the procedures set out in Section
115-9 of the Code of Criminal Procedure of 1963;
(5) or victim advocate personnel shall provide
appropriate employer intercession services to ensure that
employers of victims will cooperate with the criminal
justice system in order to minimize an employee's loss of
pay and other benefits resulting from court appearances;
(6) shall provide, whenever possible, a secure waiting
area during court proceedings that does not require
victims to be in close proximity to defendants or
juveniles accused of a violent crime, and their families
and friends;
(7) shall provide notice to the crime victim of the
right to have a translator present at all court
proceedings and, in compliance with the federal Americans
with Disabilities Act of 1990, the right to communications
access through a sign language interpreter or by other
means;

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(8) (blank);
(8.5) shall inform the victim of the right to be
present at all court proceedings, unless the victim is to
testify and the court determines that the victim's
testimony would be materially affected if the victim hears
other testimony at trial;
(9) shall inform the victim of the right to have
present at all court proceedings, subject to the rules of
evidence and confidentiality, an advocate and other
support person of the victim's choice;
(9.3) shall inform the victim of the right to retain
an attorney, at the victim's own expense, who, upon
written notice filed with the clerk of the court and
State's Attorney, is to receive copies of all notices,
motions, and court orders filed thereafter in the case, in
the same manner as if the victim were a named party in the
case;
(9.5) shall inform the victim of (A) the victim's
right under Section 6 of this Act to make a statement at
the sentencing hearing; (B) the right of the victim's
spouse, guardian, parent, grandparent, and other immediate
family and household members under Section 6 of this Act
to present a statement at sentencing; and (C) if a
presentence report is to be prepared, the right of the
victim's spouse, guardian, parent, grandparent, and other
immediate family and household members to submit

HB1739 Enrolled - 142 - LRB102 11380 KMF 16713 b
information to the preparer of the presentence report
about the effect the offense has had on the victim and the
person;
(10) at the sentencing shall make a good faith attempt
to explain the minimum amount of time during which the
defendant may actually be physically imprisoned. The
Office of the State's Attorney shall further notify the
crime victim of the right to request from the Prisoner
Review Board or Department of Juvenile Justice information
concerning the release of the defendant;
(11) shall request restitution at sentencing and as
part of a plea agreement if the victim requests
restitution;
(12) shall, upon the court entering a verdict of not
guilty by reason of insanity, inform the victim of the
notification services available from the Department of
Human Services, including the statewide telephone number,
under subparagraph (d)(2) of this Section;
(13) shall provide notice within a reasonable time
after receipt of notice from the custodian, of the release
of the defendant on bail or personal recognizance or the
release from detention of a minor who has been detained;
(14) shall explain in nontechnical language the
details of any plea or verdict of a defendant, or any
adjudication of a juvenile as a delinquent;
(15) shall make all reasonable efforts to consult with

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the crime victim before the Office of the State's Attorney
makes an offer of a plea bargain to the defendant or enters
into negotiations with the defendant concerning a possible
plea agreement, and shall consider the written statement,
if prepared prior to entering into a plea agreement. The
right to consult with the prosecutor does not include the
right to veto a plea agreement or to insist the case go to
trial. If the State's Attorney has not consulted with the
victim prior to making an offer or entering into plea
negotiations with the defendant, the Office of the State's
Attorney shall notify the victim of the offer or the
negotiations within 2 business days and confer with the
victim;
(16) shall provide notice of the ultimate disposition
of the cases arising from an indictment or an information,
or a petition to have a juvenile adjudicated as a
delinquent for a violent crime;
(17) shall provide notice of any appeal taken by the
defendant and information on how to contact the
appropriate agency handling the appeal, and how to request
notice of any hearing, oral argument, or decision of an
appellate court;
(18) shall provide timely notice of any request for
post-conviction review filed by the defendant under
Article 122 of the Code of Criminal Procedure of 1963, and
of the date, time and place of any hearing concerning the

HB1739 Enrolled - 144 - LRB102 11380 KMF 16713 b
petition. Whenever possible, notice of the hearing shall
be given within 48 hours of the court's scheduling of the
hearing; and
(19) shall forward a copy of any statement presented
under Section 6 to the Prisoner Review Board or Department
of Juvenile Justice to be considered in making a
determination under Section 3-2.5-85 or subsection (b) of
Section 3-3-8 of the Unified Code of Corrections.
(c) The court shall ensure that the rights of the victim
are afforded.
(c-5) The following procedures shall be followed to afford
victims the rights guaranteed by Article I, Section 8.1 of the
Illinois Constitution:
(1) Written notice. A victim may complete a written
notice of intent to assert rights on a form prepared by the
Office of the Attorney General and provided to the victim
by the State's Attorney. The victim may at any time
provide a revised written notice to the State's Attorney.
The State's Attorney shall file the written notice with
the court. At the beginning of any court proceeding in
which the right of a victim may be at issue, the court and
prosecutor shall review the written notice to determine
whether the victim has asserted the right that may be at
issue.
(2) Victim's retained attorney. A victim's attorney
shall file an entry of appearance limited to assertion of

HB1739 Enrolled - 145 - LRB102 11380 KMF 16713 b
the victim's rights. Upon the filing of the entry of
appearance and service on the State's Attorney and the
defendant, the attorney is to receive copies of all
notices, motions and court orders filed thereafter in the
case.
(3) Standing. The victim has standing to assert the
rights enumerated in subsection (a) of Article I, Section
8.1 of the Illinois Constitution and the statutory rights
under Section 4 of this Act in any court exercising
jurisdiction over the criminal case. The prosecuting
attorney, a victim, or the victim's retained attorney may
assert the victim's rights. The defendant in the criminal
case has no standing to assert a right of the victim in any
court proceeding, including on appeal.
(4) Assertion of and enforcement of rights.
(A) The prosecuting attorney shall assert a
victim's right or request enforcement of a right by
filing a motion or by orally asserting the right or
requesting enforcement in open court in the criminal
case outside the presence of the jury. The prosecuting
attorney shall consult with the victim and the
victim's attorney regarding the assertion or
enforcement of a right. If the prosecuting attorney
decides not to assert or enforce a victim's right, the
prosecuting attorney shall notify the victim or the
victim's attorney in sufficient time to allow the

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victim or the victim's attorney to assert the right or
to seek enforcement of a right.
(B) If the prosecuting attorney elects not to
assert a victim's right or to seek enforcement of a
right, the victim or the victim's attorney may assert
the victim's right or request enforcement of a right
by filing a motion or by orally asserting the right or
requesting enforcement in open court in the criminal
case outside the presence of the jury.
(C) If the prosecuting attorney asserts a victim's
right or seeks enforcement of a right, and the court
denies the assertion of the right or denies the
request for enforcement of a right, the victim or
victim's attorney may file a motion to assert the
victim's right or to request enforcement of the right
within 10 days of the court's ruling. The motion need
not demonstrate the grounds for a motion for
reconsideration. The court shall rule on the merits of
the motion.
(D) The court shall take up and decide any motion
or request asserting or seeking enforcement of a
victim's right without delay, unless a specific time
period is specified by law or court rule. The reasons
for any decision denying the motion or request shall
be clearly stated on the record.
(5) Violation of rights and remedies.

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(A) If the court determines that a victim's right
has been violated, the court shall determine the
appropriate remedy for the violation of the victim's
right by hearing from the victim and the parties,
considering all factors relevant to the issue, and
then awarding appropriate relief to the victim.
(A-5) Consideration of an issue of a substantive
nature or an issue that implicates the constitutional
or statutory right of a victim at a court proceeding
labeled as a status hearing shall constitute a per se
violation of a victim's right.
(B) The appropriate remedy shall include only
actions necessary to provide the victim the right to
which the victim was entitled and may include
reopening previously held proceedings; however, in no
event shall the court vacate a conviction. Any remedy
shall be tailored to provide the victim an appropriate
remedy without violating any constitutional right of
the defendant. In no event shall the appropriate
remedy be a new trial, damages, or costs.
(6) Right to be heard. Whenever a victim has the right
to be heard, the court shall allow the victim to exercise
the right in any reasonable manner the victim chooses.
(7) Right to attend trial. A party must file a written
motion to exclude a victim from trial at least 60 days
prior to the date set for trial. The motion must state with

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specificity the reason exclusion is necessary to protect a
constitutional right of the party, and must contain an
offer of proof. The court shall rule on the motion within
30 days. If the motion is granted, the court shall set
forth on the record the facts that support its finding
that the victim's testimony will be materially affected if
the victim hears other testimony at trial.
(8) Right to have advocate and support person present
at court proceedings.
(A) A party who intends to call an advocate as a
witness at trial must seek permission of the court
before the subpoena is issued. The party must file a
written motion at least 90 days before trial that sets
forth specifically the issues on which the advocate's
testimony is sought and an offer of proof regarding
(i) the content of the anticipated testimony of the
advocate; and (ii) the relevance, admissibility, and
materiality of the anticipated testimony. The court
shall consider the motion and make findings within 30
days of the filing of the motion. If the court finds by
a preponderance of the evidence that: (i) the
anticipated testimony is not protected by an absolute
privilege; and (ii) the anticipated testimony contains
relevant, admissible, and material evidence that is
not available through other witnesses or evidence, the
court shall issue a subpoena requiring the advocate to

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appear to testify at an in camera hearing. The
prosecuting attorney and the victim shall have 15 days
to seek appellate review before the advocate is
required to testify at an ex parte in camera
proceeding.
The prosecuting attorney, the victim, and the
advocate's attorney shall be allowed to be present at
the ex parte in camera proceeding. If, after
conducting the ex parte in camera hearing, the court
determines that due process requires any testimony
regarding confidential or privileged information or
communications, the court shall provide to the
prosecuting attorney, the victim, and the advocate's
attorney a written memorandum on the substance of the
advocate's testimony. The prosecuting attorney, the
victim, and the advocate's attorney shall have 15 days
to seek appellate review before a subpoena may be
issued for the advocate to testify at trial. The
presence of the prosecuting attorney at the ex parte
in camera proceeding does not make the substance of
the advocate's testimony that the court has ruled
inadmissible subject to discovery.
(B) If a victim has asserted the right to have a
support person present at the court proceedings, the
victim shall provide the name of the person the victim
has chosen to be the victim's support person to the

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prosecuting attorney, within 60 days of trial. The
prosecuting attorney shall provide the name to the
defendant. If the defendant intends to call the
support person as a witness at trial, the defendant
must seek permission of the court before a subpoena is
issued. The defendant must file a written motion at
least 45 days prior to trial that sets forth
specifically the issues on which the support person
will testify and an offer of proof regarding: (i) the
content of the anticipated testimony of the support
person; and (ii) the relevance, admissibility, and
materiality of the anticipated testimony.
If the prosecuting attorney intends to call the
support person as a witness during the State's
case-in-chief, the prosecuting attorney shall inform
the court of this intent in the response to the
defendant's written motion. The victim may choose a
different person to be the victim's support person.
The court may allow the defendant to inquire about
matters outside the scope of the direct examination
during cross-examination. If the court allows the
defendant to do so, the support person shall be
allowed to remain in the courtroom after the support
person has testified. A defendant who fails to
question the support person about matters outside the
scope of direct examination during the State's

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case-in-chief waives the right to challenge the
presence of the support person on appeal. The court
shall allow the support person to testify if called as
a witness in the defendant's case-in-chief or the
State's rebuttal.
If the court does not allow the defendant to
inquire about matters outside the scope of the direct
examination, the support person shall be allowed to
remain in the courtroom after the support person has
been called by the defendant or the defendant has
rested. The court shall allow the support person to
testify in the State's rebuttal.
If the prosecuting attorney does not intend to
call the support person in the State's case-in-chief,
the court shall verify with the support person whether
the support person, if called as a witness, would
testify as set forth in the offer of proof. If the
court finds that the support person would testify as
set forth in the offer of proof, the court shall rule
on the relevance, materiality, and admissibility of
the anticipated testimony. If the court rules the
anticipated testimony is admissible, the court shall
issue the subpoena. The support person may remain in
the courtroom after the support person testifies and
shall be allowed to testify in rebuttal.
If the court excludes the victim's support person

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during the State's case-in-chief, the victim shall be
allowed to choose another support person to be present
in court.
If the victim fails to designate a support person
within 60 days of trial and the defendant has
subpoenaed the support person to testify at trial, the
court may exclude the support person from the trial
until the support person testifies. If the court
excludes the support person the victim may choose
another person as a support person.
(9) Right to notice and hearing before disclosure of
confidential or privileged information or records. A
defendant who seeks to subpoena records of or concerning
the victim that are confidential or privileged by law must
seek permission of the court before the subpoena is
issued. The defendant must file a written motion and an
offer of proof regarding the relevance, admissibility and
materiality of the records. If the court finds by a
preponderance of the evidence that: (A) the records are
not protected by an absolute privilege and (B) the records
contain relevant, admissible, and material evidence that
is not available through other witnesses or evidence, the
court shall issue a subpoena requiring a sealed copy of
the records be delivered to the court to be reviewed in
camera. If, after conducting an in camera review of the
records, the court determines that due process requires

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disclosure of any portion of the records, the court shall
provide copies of what it intends to disclose to the
prosecuting attorney and the victim. The prosecuting
attorney and the victim shall have 30 days to seek
appellate review before the records are disclosed to the
defendant. The disclosure of copies of any portion of the
records to the prosecuting attorney does not make the
records subject to discovery.
(10) Right to notice of court proceedings. If the
victim is not present at a court proceeding in which a
right of the victim is at issue, the court shall ask the
prosecuting attorney whether the victim was notified of
the time, place, and purpose of the court proceeding and
that the victim had a right to be heard at the court
proceeding. If the court determines that timely notice was
not given or that the victim was not adequately informed
of the nature of the court proceeding, the court shall not
rule on any substantive issues, accept a plea, or impose a
sentence and shall continue the hearing for the time
necessary to notify the victim of the time, place and
nature of the court proceeding. The time between court
proceedings shall not be attributable to the State under
Section 103-5 of the Code of Criminal Procedure of 1963.
(11) Right to timely disposition of the case. A victim
has the right to timely disposition of the case so as to
minimize the stress, cost, and inconvenience resulting

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from the victim's involvement in the case. Before ruling
on a motion to continue trial or other court proceeding,
the court shall inquire into the circumstances for the
request for the delay and, if the victim has provided
written notice of the assertion of the right to a timely
disposition, and whether the victim objects to the delay.
If the victim objects, the prosecutor shall inform the
court of the victim's objections. If the prosecutor has
not conferred with the victim about the continuance, the
prosecutor shall inform the court of the attempts to
confer. If the court finds the attempts of the prosecutor
to confer with the victim were inadequate to protect the
victim's right to be heard, the court shall give the
prosecutor at least 3 but not more than 5 business days to
confer with the victim. In ruling on a motion to continue,
the court shall consider the reasons for the requested
continuance, the number and length of continuances that
have been granted, the victim's objections and procedures
to avoid further delays. If a continuance is granted over
the victim's objection, the court shall specify on the
record the reasons for the continuance and the procedures
that have been or will be taken to avoid further delays.
(12) Right to Restitution.
(A) If the victim has asserted the right to
restitution and the amount of restitution is known at
the time of sentencing, the court shall enter the

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judgment of restitution at the time of sentencing.
(B) If the victim has asserted the right to
restitution and the amount of restitution is not known
at the time of sentencing, the prosecutor shall,
within 5 days after sentencing, notify the victim what
information and documentation related to restitution
is needed and that the information and documentation
must be provided to the prosecutor within 45 days
after sentencing. Failure to timely provide
information and documentation related to restitution
shall be deemed a waiver of the right to restitution.
The prosecutor shall file and serve within 60 days
after sentencing a proposed judgment for restitution
and a notice that includes information concerning the
identity of any victims or other persons seeking
restitution, whether any victim or other person
expressly declines restitution, the nature and amount
of any damages together with any supporting
documentation, a restitution amount recommendation,
and the names of any co-defendants and their case
numbers. Within 30 days after receipt of the proposed
judgment for restitution, the defendant shall file any
objection to the proposed judgment, a statement of
grounds for the objection, and a financial statement.
If the defendant does not file an objection, the court
may enter the judgment for restitution without further

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proceedings. If the defendant files an objection and
either party requests a hearing, the court shall
schedule a hearing.
(13) Access to presentence reports.
(A) The victim may request a copy of the
presentence report prepared under the Unified Code of
Corrections from the State's Attorney. The State's
Attorney shall redact the following information before
providing a copy of the report:
(i) the defendant's mental history and
condition;
(ii) any evaluation prepared under subsection
(b) or (b-5) of Section 5-3-2; and
(iii) the name, address, phone number, and
other personal information about any other victim.
(B) The State's Attorney or the defendant may
request the court redact other information in the
report that may endanger the safety of any person.
(C) The State's Attorney may orally disclose to
the victim any of the information that has been
redacted if there is a reasonable likelihood that the
information will be stated in court at the sentencing.
(D) The State's Attorney must advise the victim
that the victim must maintain the confidentiality of
the report and other information. Any dissemination of
the report or information that was not stated at a

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court proceeding constitutes indirect criminal
contempt of court.
(14) Appellate relief. If the trial court denies the
relief requested, the victim, the victim's attorney, or
the prosecuting attorney may file an appeal within 30 days
of the trial court's ruling. The trial or appellate court
may stay the court proceedings if the court finds that a
stay would not violate a constitutional right of the
defendant. If the appellate court denies the relief
sought, the reasons for the denial shall be clearly stated
in a written opinion. In any appeal in a criminal case, the
State may assert as error the court's denial of any crime
victim's right in the proceeding to which the appeal
relates.
(15) Limitation on appellate relief. In no case shall
an appellate court provide a new trial to remedy the
violation of a victim's right.
(16) The right to be reasonably protected from the
accused throughout the criminal justice process and the
right to have the safety of the victim and the victim's
family considered in denying or fixing the amount of bail,
determining whether to release the defendant, and setting
conditions of release after arrest and conviction. A
victim of domestic violence, a sexual offense, or stalking
may request the entry of a protective order under Article
112A of the Code of Criminal Procedure of 1963.

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(d) Procedures after the imposition of sentence.
(1) The Prisoner Review Board shall inform a victim or
any other concerned citizen, upon written request, of the
prisoner's release on parole, mandatory supervised
release, electronic detention, work release, international
transfer or exchange, or by the custodian, other than the
Department of Juvenile Justice, of the discharge of any
individual who was adjudicated a delinquent for a crime
from State custody and by the sheriff of the appropriate
county of any such person's final discharge from county
custody. The Prisoner Review Board, upon written request,
shall provide to a victim or any other concerned citizen a
recent photograph of any person convicted of a felony,
upon his or her release from custody. The Prisoner Review
Board, upon written request, shall inform a victim or any
other concerned citizen when feasible at least 7 days
prior to the prisoner's release on furlough of the times
and dates of such furlough. Upon written request by the
victim or any other concerned citizen, the State's
Attorney shall notify the person once of the times and
dates of release of a prisoner sentenced to periodic
imprisonment. Notification shall be based on the most
recent information as to victim's or other concerned
citizen's residence or other location available to the
notifying authority.
(2) When the defendant has been committed to the

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Department of Human Services pursuant to Section 5-2-4 or
any other provision of the Unified Code of Corrections,
the victim may request to be notified by the releasing
authority of the approval by the court of an on-grounds
pass, a supervised off-grounds pass, an unsupervised
off-grounds pass, or conditional release; the release on
an off-grounds pass; the return from an off-grounds pass;
transfer to another facility; conditional release; escape;
death; or final discharge from State custody. The
Department of Human Services shall establish and maintain
a statewide telephone number to be used by victims to make
notification requests under these provisions and shall
publicize this telephone number on its website and to the
State's Attorney of each county.
(3) In the event of an escape from State custody, the
Department of Corrections or the Department of Juvenile
Justice immediately shall notify the Prisoner Review Board
of the escape and the Prisoner Review Board shall notify
the victim. The notification shall be based upon the most
recent information as to the victim's residence or other
location available to the Board. When no such information
is available, the Board shall make all reasonable efforts
to obtain the information and make the notification. When
the escapee is apprehended, the Department of Corrections
or the Department of Juvenile Justice immediately shall
notify the Prisoner Review Board and the Board shall

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notify the victim.
(4) The victim of the crime for which the prisoner has
been sentenced has the right to register with the Prisoner
Review Board's victim registry. Victims registered with
the Board shall receive reasonable written notice not less
than 30 days prior to the parole hearing or target
aftercare release date. The victim has the right to submit
a victim statement for consideration by the Prisoner
Review Board or the Department of Juvenile Justice in
writing, on film, videotape, or other electronic means, or
in the form of a recording prior to the parole hearing or
target aftercare release date, or in person at the parole
hearing or aftercare release protest hearing, or by
calling the toll-free number established in subsection (f)
of this Section., The victim shall be notified within 7
days after the prisoner has been granted parole or
aftercare release and shall be informed of the right to
inspect the registry of parole decisions, established
under subsection (g) of Section 3-3-5 of the Unified Code
of Corrections. The provisions of this paragraph (4) are
subject to the Open Parole Hearings Act. Victim statements
provided to the Board shall be confidential and
privileged, including any statements received prior to
January 1, 2020 (the effective date of Public Act 101-288)
this amendatory Act of the 101st General Assembly, except
if the statement was an oral statement made by the victim

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at a hearing open to the public.
(4-1) The crime victim has the right to submit a
victim statement for consideration by the Prisoner Review
Board or the Department of Juvenile Justice prior to or at
a hearing to determine the conditions of mandatory
supervised release of a person sentenced to a determinate
sentence or at a hearing on revocation of mandatory
supervised release of a person sentenced to a determinate
sentence. A victim statement may be submitted in writing,
on film, videotape, or other electronic means, or in the
form of a recording, or orally at a hearing, or by calling
the toll-free number established in subsection (f) of this
Section. Victim statements provided to the Board shall be
confidential and privileged, including any statements
received prior to January 1, 2020 (the effective date of
Public Act 101-288) this amendatory Act of the 101st
General Assembly, except if the statement was an oral
statement made by the victim at a hearing open to the
public.
(4-2) The crime victim has the right to submit a
victim statement to the Prisoner Review Board for
consideration at an executive clemency hearing as provided
in Section 3-3-13 of the Unified Code of Corrections. A
victim statement may be submitted in writing, on film,
videotape, or other electronic means, or in the form of a
recording prior to a hearing, or orally at a hearing, or by

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calling the toll-free number established in subsection (f)
of this Section. Victim statements provided to the Board
shall be confidential and privileged, including any
statements received prior to January 1, 2020 (the
effective date of Public Act 101-288) this amendatory Act
of the 101st General Assembly, except if the statement was
an oral statement made by the victim at a hearing open to
the public.
(5) If a statement is presented under Section 6, the
Prisoner Review Board or Department of Juvenile Justice
shall inform the victim of any order of discharge pursuant
to Section 3-2.5-85 or 3-3-8 of the Unified Code of
Corrections.
(6) At the written or oral request of the victim of the
crime for which the prisoner was sentenced or the State's
Attorney of the county where the person seeking parole or
aftercare release was prosecuted, the Prisoner Review
Board or Department of Juvenile Justice shall notify the
victim and the State's Attorney of the county where the
person seeking parole or aftercare release was prosecuted
of the death of the prisoner if the prisoner died while on
parole or aftercare release or mandatory supervised
release.
(7) When a defendant who has been committed to the
Department of Corrections, the Department of Juvenile
Justice, or the Department of Human Services is released

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or discharged and subsequently committed to the Department
of Human Services as a sexually violent person and the
victim had requested to be notified by the releasing
authority of the defendant's discharge, conditional
release, death, or escape from State custody, the
releasing authority shall provide to the Department of
Human Services such information that would allow the
Department of Human Services to contact the victim.
(8) When a defendant has been convicted of a sex
offense as defined in Section 2 of the Sex Offender
Registration Act and has been sentenced to the Department
of Corrections or the Department of Juvenile Justice, the
Prisoner Review Board or the Department of Juvenile
Justice shall notify the victim of the sex offense of the
prisoner's eligibility for release on parole, aftercare
release, mandatory supervised release, electronic
detention, work release, international transfer or
exchange, or by the custodian of the discharge of any
individual who was adjudicated a delinquent for a sex
offense from State custody and by the sheriff of the
appropriate county of any such person's final discharge
from county custody. The notification shall be made to the
victim at least 30 days, whenever possible, before release
of the sex offender.
(e) The officials named in this Section may satisfy some
or all of their obligations to provide notices and other

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information through participation in a statewide victim and
witness notification system established by the Attorney
General under Section 8.5 of this Act.
(f) The Prisoner Review Board shall establish a toll-free
number that may be accessed by the crime victim to present a
victim statement to the Board in accordance with paragraphs
(4), (4-1), and (4-2) of subsection (d).
(Source: P.A. 100-199, eff. 1-1-18; 100-961, eff. 1-1-19;
101-81, eff. 7-12-19; 101-288, eff. 1-1-20; revised 9-23-19.)
(Text of Section after amendment by P.A. 101-652)
Sec. 4.5. Procedures to implement the rights of crime
victims. To afford crime victims their rights, law
enforcement, prosecutors, judges, and corrections will provide
information, as appropriate, of the following procedures:
(a) At the request of the crime victim, law enforcement
authorities investigating the case shall provide notice of the
status of the investigation, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation, until such time
as the alleged assailant is apprehended or the investigation
is closed.
(a-5) When law enforcement authorities reopen a closed
case to resume investigating, they shall provide notice of the
reopening of the case, except where the State's Attorney
determines that disclosure of such information would

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unreasonably interfere with the investigation.
(b) The office of the State's Attorney:
(1) shall provide notice of the filing of an
information, the return of an indictment, or the filing of
a petition to adjudicate a minor as a delinquent for a
violent crime;
(2) shall provide timely notice of the date, time, and
place of court proceedings; of any change in the date,
time, and place of court proceedings; and of any
cancellation of court proceedings. Notice shall be
provided in sufficient time, wherever possible, for the
victim to make arrangements to attend or to prevent an
unnecessary appearance at court proceedings;
(3) or victim advocate personnel shall provide
information of social services and financial assistance
available for victims of crime, including information of
how to apply for these services and assistance;
(3.5) or victim advocate personnel shall provide
information about available victim services, including
referrals to programs, counselors, and agencies that
assist a victim to deal with trauma, loss, and grief;
(4) shall assist in having any stolen or other
personal property held by law enforcement authorities for
evidentiary or other purposes returned as expeditiously as
possible, pursuant to the procedures set out in Section
115-9 of the Code of Criminal Procedure of 1963;

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(5) or victim advocate personnel shall provide
appropriate employer intercession services to ensure that
employers of victims will cooperate with the criminal
justice system in order to minimize an employee's loss of
pay and other benefits resulting from court appearances;
(6) shall provide, whenever possible, a secure waiting
area during court proceedings that does not require
victims to be in close proximity to defendants or
juveniles accused of a violent crime, and their families
and friends;
(7) shall provide notice to the crime victim of the
right to have a translator present at all court
proceedings and, in compliance with the federal Americans
with Disabilities Act of 1990, the right to communications
access through a sign language interpreter or by other
means;
(8) (blank);
(8.5) shall inform the victim of the right to be
present at all court proceedings, unless the victim is to
testify and the court determines that the victim's
testimony would be materially affected if the victim hears
other testimony at trial;
(9) shall inform the victim of the right to have
present at all court proceedings, subject to the rules of
evidence and confidentiality, an advocate and other
support person of the victim's choice;

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(9.3) shall inform the victim of the right to retain
an attorney, at the victim's own expense, who, upon
written notice filed with the clerk of the court and
State's Attorney, is to receive copies of all notices,
motions, and court orders filed thereafter in the case, in
the same manner as if the victim were a named party in the
case;
(9.5) shall inform the victim of (A) the victim's
right under Section 6 of this Act to make a statement at
the sentencing hearing; (B) the right of the victim's
spouse, guardian, parent, grandparent, and other immediate
family and household members under Section 6 of this Act
to present a statement at sentencing; and (C) if a
presentence report is to be prepared, the right of the
victim's spouse, guardian, parent, grandparent, and other
immediate family and household members to submit
information to the preparer of the presentence report
about the effect the offense has had on the victim and the
person;
(10) at the sentencing shall make a good faith attempt
to explain the minimum amount of time during which the
defendant may actually be physically imprisoned. The
Office of the State's Attorney shall further notify the
crime victim of the right to request from the Prisoner
Review Board or Department of Juvenile Justice information
concerning the release of the defendant;

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(11) shall request restitution at sentencing and as
part of a plea agreement if the victim requests
restitution;
(12) shall, upon the court entering a verdict of not
guilty by reason of insanity, inform the victim of the
notification services available from the Department of
Human Services, including the statewide telephone number,
under subparagraph (d)(2) of this Section;
(13) shall provide notice within a reasonable time
after receipt of notice from the custodian, of the release
of the defendant on pretrial release or personal
recognizance or the release from detention of a minor who
has been detained;
(14) shall explain in nontechnical language the
details of any plea or verdict of a defendant, or any
adjudication of a juvenile as a delinquent;
(15) shall make all reasonable efforts to consult with
the crime victim before the Office of the State's Attorney
makes an offer of a plea bargain to the defendant or enters
into negotiations with the defendant concerning a possible
plea agreement, and shall consider the written statement,
if prepared prior to entering into a plea agreement. The
right to consult with the prosecutor does not include the
right to veto a plea agreement or to insist the case go to
trial. If the State's Attorney has not consulted with the
victim prior to making an offer or entering into plea

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negotiations with the defendant, the Office of the State's
Attorney shall notify the victim of the offer or the
negotiations within 2 business days and confer with the
victim;
(16) shall provide notice of the ultimate disposition
of the cases arising from an indictment or an information,
or a petition to have a juvenile adjudicated as a
delinquent for a violent crime;
(17) shall provide notice of any appeal taken by the
defendant and information on how to contact the
appropriate agency handling the appeal, and how to request
notice of any hearing, oral argument, or decision of an
appellate court;
(18) shall provide timely notice of any request for
post-conviction review filed by the defendant under
Article 122 of the Code of Criminal Procedure of 1963, and
of the date, time and place of any hearing concerning the
petition. Whenever possible, notice of the hearing shall
be given within 48 hours of the court's scheduling of the
hearing; and
(19) shall forward a copy of any statement presented
under Section 6 to the Prisoner Review Board or Department
of Juvenile Justice to be considered in making a
determination under Section 3-2.5-85 or subsection (b) of
Section 3-3-8 of the Unified Code of Corrections; .
(20) shall, within a reasonable time, offer to meet

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with the crime victim regarding the decision of the
State's Attorney not to charge an offense, and shall meet
with the victim, if the victim agrees. The victim has a
right to have an attorney, advocate, and other support
person of the victim's choice attend this meeting with the
victim; and
(21) shall give the crime victim timely notice of any
decision not to pursue charges and consider the safety of
the victim when deciding how to give such notice.
(c) The court shall ensure that the rights of the victim
are afforded.
(c-5) The following procedures shall be followed to afford
victims the rights guaranteed by Article I, Section 8.1 of the
Illinois Constitution:
(1) Written notice. A victim may complete a written
notice of intent to assert rights on a form prepared by the
Office of the Attorney General and provided to the victim
by the State's Attorney. The victim may at any time
provide a revised written notice to the State's Attorney.
The State's Attorney shall file the written notice with
the court. At the beginning of any court proceeding in
which the right of a victim may be at issue, the court and
prosecutor shall review the written notice to determine
whether the victim has asserted the right that may be at
issue.
(2) Victim's retained attorney. A victim's attorney

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shall file an entry of appearance limited to assertion of
the victim's rights. Upon the filing of the entry of
appearance and service on the State's Attorney and the
defendant, the attorney is to receive copies of all
notices, motions and court orders filed thereafter in the
case.
(3) Standing. The victim has standing to assert the
rights enumerated in subsection (a) of Article I, Section
8.1 of the Illinois Constitution and the statutory rights
under Section 4 of this Act in any court exercising
jurisdiction over the criminal case. The prosecuting
attorney, a victim, or the victim's retained attorney may
assert the victim's rights. The defendant in the criminal
case has no standing to assert a right of the victim in any
court proceeding, including on appeal.
(4) Assertion of and enforcement of rights.
(A) The prosecuting attorney shall assert a
victim's right or request enforcement of a right by
filing a motion or by orally asserting the right or
requesting enforcement in open court in the criminal
case outside the presence of the jury. The prosecuting
attorney shall consult with the victim and the
victim's attorney regarding the assertion or
enforcement of a right. If the prosecuting attorney
decides not to assert or enforce a victim's right, the
prosecuting attorney shall notify the victim or the

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victim's attorney in sufficient time to allow the
victim or the victim's attorney to assert the right or
to seek enforcement of a right.
(B) If the prosecuting attorney elects not to
assert a victim's right or to seek enforcement of a
right, the victim or the victim's attorney may assert
the victim's right or request enforcement of a right
by filing a motion or by orally asserting the right or
requesting enforcement in open court in the criminal
case outside the presence of the jury.
(C) If the prosecuting attorney asserts a victim's
right or seeks enforcement of a right, unless the
prosecuting attorney objects or the trial court does
not allow it, the victim or the victim's attorney may
be heard regarding the prosecuting attorney's motion
or may file a simultaneous motion to assert or request
enforcement of the victim's right. If the victim or
the victim's attorney was not allowed to be heard at
the hearing regarding the prosecuting attorney's
motion, and the court denies the prosecuting
attorney's assertion of the right or denies the
request for enforcement of a right, the victim or
victim's attorney may file a motion to assert the
victim's right or to request enforcement of the right
within 10 days of the court's ruling. The motion need
not demonstrate the grounds for a motion for

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reconsideration. The court shall rule on the merits of
the motion.
(D) The court shall take up and decide any motion
or request asserting or seeking enforcement of a
victim's right without delay, unless a specific time
period is specified by law or court rule. The reasons
for any decision denying the motion or request shall
be clearly stated on the record.
(E) No later than January 1, 2023, the Office of
the Attorney General shall:
(i) designate an administrative authority
within the Office of the Attorney General to
receive and investigate complaints relating to the
provision or violation of the rights of a crime
victim as described in Article I, Section 8.1 of
the Illinois Constitution and in this Act;
(ii) create and administer a course of
training for employees and offices of the State of
Illinois that fail to comply with provisions of
Illinois law pertaining to the treatment of crime
victims as described in Article I, Section 8.1 of
the Illinois Constitution and in this Act as
required by the court under Section 5 of this Act;
and
(iii) have the authority to make
recommendations to employees and offices of the

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State of Illinois to respond more effectively to
the needs of crime victims, including regarding
the violation of the rights of a crime victim.
(F) Crime victims' rights may also be asserted by
filing a complaint for mandamus, injunctive, or
declaratory relief in the jurisdiction in which the
victim's right is being violated or where the crime is
being prosecuted. For complaints or motions filed by
or on behalf of the victim, the clerk of court shall
waive filing fees that would otherwise be owed by the
victim for any court filing with the purpose of
enforcing crime victims' rights. If the court denies
the relief sought by the victim, the reasons for the
denial shall be clearly stated on the record in the
transcript of the proceedings, in a written opinion,
or in the docket entry, and the victim may appeal the
circuit court's decision to the appellate court. The
court shall issue prompt rulings regarding victims'
rights. Proceedings seeking to enforce victims' rights
shall not be stayed or subject to unreasonable delay
via continuances.
(5) Violation of rights and remedies.
(A) If the court determines that a victim's right
has been violated, the court shall determine the
appropriate remedy for the violation of the victim's
right by hearing from the victim and the parties,

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considering all factors relevant to the issue, and
then awarding appropriate relief to the victim.
(A-5) Consideration of an issue of a substantive
nature or an issue that implicates the constitutional
or statutory right of a victim at a court proceeding
labeled as a status hearing shall constitute a per se
violation of a victim's right.
(B) The appropriate remedy shall include only
actions necessary to provide the victim the right to
which the victim was entitled. Remedies may include,
but are not limited to: injunctive relief requiring
the victim's right to be afforded; declaratory
judgment recognizing or clarifying the victim's
rights; a writ of mandamus; and may include reopening
previously held proceedings; however, in no event
shall the court vacate a conviction. Any remedy shall
be tailored to provide the victim an appropriate
remedy without violating any constitutional right of
the defendant. In no event shall the appropriate
remedy to the victim be a new trial or , damages, or
costs.
The court shall impose a mandatory training course
provided by the Attorney General for the employee under
item (ii) of subparagraph (E) of paragraph (4), which must
be successfully completed within 6 months of the entry of
the court order.

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This paragraph (5) takes effect January 2, 2023.
(6) Right to be heard. Whenever a victim has the right
to be heard, the court shall allow the victim to exercise
the right in any reasonable manner the victim chooses.
(7) Right to attend trial. A party must file a written
motion to exclude a victim from trial at least 60 days
prior to the date set for trial. The motion must state with
specificity the reason exclusion is necessary to protect a
constitutional right of the party, and must contain an
offer of proof. The court shall rule on the motion within
30 days. If the motion is granted, the court shall set
forth on the record the facts that support its finding
that the victim's testimony will be materially affected if
the victim hears other testimony at trial.
(8) Right to have advocate and support person present
at court proceedings.
(A) A party who intends to call an advocate as a
witness at trial must seek permission of the court
before the subpoena is issued. The party must file a
written motion at least 90 days before trial that sets
forth specifically the issues on which the advocate's
testimony is sought and an offer of proof regarding
(i) the content of the anticipated testimony of the
advocate; and (ii) the relevance, admissibility, and
materiality of the anticipated testimony. The court
shall consider the motion and make findings within 30

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days of the filing of the motion. If the court finds by
a preponderance of the evidence that: (i) the
anticipated testimony is not protected by an absolute
privilege; and (ii) the anticipated testimony contains
relevant, admissible, and material evidence that is
not available through other witnesses or evidence, the
court shall issue a subpoena requiring the advocate to
appear to testify at an in camera hearing. The
prosecuting attorney and the victim shall have 15 days
to seek appellate review before the advocate is
required to testify at an ex parte in camera
proceeding.
The prosecuting attorney, the victim, and the
advocate's attorney shall be allowed to be present at
the ex parte in camera proceeding. If, after
conducting the ex parte in camera hearing, the court
determines that due process requires any testimony
regarding confidential or privileged information or
communications, the court shall provide to the
prosecuting attorney, the victim, and the advocate's
attorney a written memorandum on the substance of the
advocate's testimony. The prosecuting attorney, the
victim, and the advocate's attorney shall have 15 days
to seek appellate review before a subpoena may be
issued for the advocate to testify at trial. The
presence of the prosecuting attorney at the ex parte

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in camera proceeding does not make the substance of
the advocate's testimony that the court has ruled
inadmissible subject to discovery.
(B) If a victim has asserted the right to have a
support person present at the court proceedings, the
victim shall provide the name of the person the victim
has chosen to be the victim's support person to the
prosecuting attorney, within 60 days of trial. The
prosecuting attorney shall provide the name to the
defendant. If the defendant intends to call the
support person as a witness at trial, the defendant
must seek permission of the court before a subpoena is
issued. The defendant must file a written motion at
least 45 days prior to trial that sets forth
specifically the issues on which the support person
will testify and an offer of proof regarding: (i) the
content of the anticipated testimony of the support
person; and (ii) the relevance, admissibility, and
materiality of the anticipated testimony.
If the prosecuting attorney intends to call the
support person as a witness during the State's
case-in-chief, the prosecuting attorney shall inform
the court of this intent in the response to the
defendant's written motion. The victim may choose a
different person to be the victim's support person.
The court may allow the defendant to inquire about

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matters outside the scope of the direct examination
during cross-examination. If the court allows the
defendant to do so, the support person shall be
allowed to remain in the courtroom after the support
person has testified. A defendant who fails to
question the support person about matters outside the
scope of direct examination during the State's
case-in-chief waives the right to challenge the
presence of the support person on appeal. The court
shall allow the support person to testify if called as
a witness in the defendant's case-in-chief or the
State's rebuttal.
If the court does not allow the defendant to
inquire about matters outside the scope of the direct
examination, the support person shall be allowed to
remain in the courtroom after the support person has
been called by the defendant or the defendant has
rested. The court shall allow the support person to
testify in the State's rebuttal.
If the prosecuting attorney does not intend to
call the support person in the State's case-in-chief,
the court shall verify with the support person whether
the support person, if called as a witness, would
testify as set forth in the offer of proof. If the
court finds that the support person would testify as
set forth in the offer of proof, the court shall rule

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on the relevance, materiality, and admissibility of
the anticipated testimony. If the court rules the
anticipated testimony is admissible, the court shall
issue the subpoena. The support person may remain in
the courtroom after the support person testifies and
shall be allowed to testify in rebuttal.
If the court excludes the victim's support person
during the State's case-in-chief, the victim shall be
allowed to choose another support person to be present
in court.
If the victim fails to designate a support person
within 60 days of trial and the defendant has
subpoenaed the support person to testify at trial, the
court may exclude the support person from the trial
until the support person testifies. If the court
excludes the support person the victim may choose
another person as a support person.
(9) Right to notice and hearing before disclosure of
confidential or privileged information or records.
(A) A defendant who seeks to subpoena testimony or
records of or concerning the victim that are
confidential or privileged by law must seek permission
of the court before the subpoena is issued. The
defendant must file a written motion and an offer of
proof regarding the relevance, admissibility and
materiality of the testimony or records. If the court

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finds by a preponderance of the evidence that:
(i) (A) the testimony or records are not
protected by an absolute privilege and
(ii) (B) the testimony or records contain
relevant, admissible, and material evidence that
is not available through other witnesses or
evidence, the court shall issue a subpoena
requiring the witness to appear in camera or a
sealed copy of the records be delivered to the
court to be reviewed in camera. If, after
conducting an in camera review of the witness
statement or records, the court determines that
due process requires disclosure of any potential
testimony or any portion of the records, the court
shall provide copies of the records that what it
intends to disclose to the prosecuting attorney
and the victim. The prosecuting attorney and the
victim shall have 30 days to seek appellate review
before the records are disclosed to the defendant,
used in any court proceeding, or disclosed to
anyone or in any way that would subject the
testimony or records to public review. The
disclosure of copies of any portion of the
testimony or records to the prosecuting attorney
under this Section does not make the records
subject to discovery or required to be provided to

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the defendant.
(B) A prosecuting attorney who seeks to subpoena
information or records concerning the victim that are
confidential or privileged by law must first request
the written consent of the crime victim. If the victim
does not provide such written consent, including where
necessary the appropriate signed document required for
waiving privilege, the prosecuting attorney must serve
the subpoena at least 21 days prior to the date a
response or appearance is required to allow the
subject of the subpoena time to file a motion to quash
or request a hearing. The prosecuting attorney must
also send a written notice to the victim at least 21
days prior to the response date to allow the victim to
file a motion or request a hearing. The notice to the
victim shall inform the victim (i) that a subpoena has
been issued for confidential information or records
concerning the victim, (ii) that the victim has the
right to request a hearing prior to the response date
of the subpoena, and (iii) how to request the hearing.
The notice to the victim shall also include a copy of
the subpoena. If requested, a hearing regarding the
subpoena shall occur before information or records are
provided to the prosecuting attorney.
(10) Right to notice of court proceedings. If the
victim is not present at a court proceeding in which a

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right of the victim is at issue, the court shall ask the
prosecuting attorney whether the victim was notified of
the time, place, and purpose of the court proceeding and
that the victim had a right to be heard at the court
proceeding. If the court determines that timely notice was
not given or that the victim was not adequately informed
of the nature of the court proceeding, the court shall not
rule on any substantive issues, accept a plea, or impose a
sentence and shall continue the hearing for the time
necessary to notify the victim of the time, place and
nature of the court proceeding. The time between court
proceedings shall not be attributable to the State under
Section 103-5 of the Code of Criminal Procedure of 1963.
(11) Right to timely disposition of the case. A victim
has the right to timely disposition of the case so as to
minimize the stress, cost, and inconvenience resulting
from the victim's involvement in the case. Before ruling
on a motion to continue trial or other court proceeding,
the court shall inquire into the circumstances for the
request for the delay and, if the victim has provided
written notice of the assertion of the right to a timely
disposition, and whether the victim objects to the delay.
If the victim objects, the prosecutor shall inform the
court of the victim's objections. If the prosecutor has
not conferred with the victim about the continuance, the
prosecutor shall inform the court of the attempts to

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confer. If the court finds the attempts of the prosecutor
to confer with the victim were inadequate to protect the
victim's right to be heard, the court shall give the
prosecutor at least 3 but not more than 5 business days to
confer with the victim. In ruling on a motion to continue,
the court shall consider the reasons for the requested
continuance, the number and length of continuances that
have been granted, the victim's objections and procedures
to avoid further delays. If a continuance is granted over
the victim's objection, the court shall specify on the
record the reasons for the continuance and the procedures
that have been or will be taken to avoid further delays.
(12) Right to Restitution.
(A) If the victim has asserted the right to
restitution and the amount of restitution is known at
the time of sentencing, the court shall enter the
judgment of restitution at the time of sentencing.
(B) If the victim has asserted the right to
restitution and the amount of restitution is not known
at the time of sentencing, the prosecutor shall,
within 5 days after sentencing, notify the victim what
information and documentation related to restitution
is needed and that the information and documentation
must be provided to the prosecutor within 45 days
after sentencing. Failure to timely provide
information and documentation related to restitution

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shall be deemed a waiver of the right to restitution.
The prosecutor shall file and serve within 60 days
after sentencing a proposed judgment for restitution
and a notice that includes information concerning the
identity of any victims or other persons seeking
restitution, whether any victim or other person
expressly declines restitution, the nature and amount
of any damages together with any supporting
documentation, a restitution amount recommendation,
and the names of any co-defendants and their case
numbers. Within 30 days after receipt of the proposed
judgment for restitution, the defendant shall file any
objection to the proposed judgment, a statement of
grounds for the objection, and a financial statement.
If the defendant does not file an objection, the court
may enter the judgment for restitution without further
proceedings. If the defendant files an objection and
either party requests a hearing, the court shall
schedule a hearing.
(13) Access to presentence reports.
(A) The victim may request a copy of the
presentence report prepared under the Unified Code of
Corrections from the State's Attorney. The State's
Attorney shall redact the following information before
providing a copy of the report:
(i) the defendant's mental history and

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condition;
(ii) any evaluation prepared under subsection
(b) or (b-5) of Section 5-3-2; and
(iii) the name, address, phone number, and
other personal information about any other victim.
(B) The State's Attorney or the defendant may
request the court redact other information in the
report that may endanger the safety of any person.
(C) The State's Attorney may orally disclose to
the victim any of the information that has been
redacted if there is a reasonable likelihood that the
information will be stated in court at the sentencing.
(D) The State's Attorney must advise the victim
that the victim must maintain the confidentiality of
the report and other information. Any dissemination of
the report or information that was not stated at a
court proceeding constitutes indirect criminal
contempt of court.
(14) Appellate relief. If the trial court denies the
relief requested, the victim, the victim's attorney, or
the prosecuting attorney may file an appeal within 30 days
of the trial court's ruling. The trial or appellate court
may stay the court proceedings if the court finds that a
stay would not violate a constitutional right of the
defendant. If the appellate court denies the relief
sought, the reasons for the denial shall be clearly stated

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in a written opinion. In any appeal in a criminal case, the
State may assert as error the court's denial of any crime
victim's right in the proceeding to which the appeal
relates.
(15) Limitation on appellate relief. In no case shall
an appellate court provide a new trial to remedy the
violation of a victim's right.
(16) The right to be reasonably protected from the
accused throughout the criminal justice process and the
right to have the safety of the victim and the victim's
family considered in determining whether to release the
defendant, and setting conditions of release after arrest
and conviction. A victim of domestic violence, a sexual
offense, or stalking may request the entry of a protective
order under Article 112A of the Code of Criminal Procedure
of 1963.
(d) Procedures after the imposition of sentence.
(1) The Prisoner Review Board shall inform a victim or
any other concerned citizen, upon written request, of the
prisoner's release on parole, mandatory supervised
release, electronic detention, work release, international
transfer or exchange, or by the custodian, other than the
Department of Juvenile Justice, of the discharge of any
individual who was adjudicated a delinquent for a crime
from State custody and by the sheriff of the appropriate
county of any such person's final discharge from county

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custody. The Prisoner Review Board, upon written request,
shall provide to a victim or any other concerned citizen a
recent photograph of any person convicted of a felony,
upon his or her release from custody. The Prisoner Review
Board, upon written request, shall inform a victim or any
other concerned citizen when feasible at least 7 days
prior to the prisoner's release on furlough of the times
and dates of such furlough. Upon written request by the
victim or any other concerned citizen, the State's
Attorney shall notify the person once of the times and
dates of release of a prisoner sentenced to periodic
imprisonment. Notification shall be based on the most
recent information as to victim's or other concerned
citizen's residence or other location available to the
notifying authority.
(2) When the defendant has been committed to the
Department of Human Services pursuant to Section 5-2-4 or
any other provision of the Unified Code of Corrections,
the victim may request to be notified by the releasing
authority of the approval by the court of an on-grounds
pass, a supervised off-grounds pass, an unsupervised
off-grounds pass, or conditional release; the release on
an off-grounds pass; the return from an off-grounds pass;
transfer to another facility; conditional release; escape;
death; or final discharge from State custody. The
Department of Human Services shall establish and maintain

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a statewide telephone number to be used by victims to make
notification requests under these provisions and shall
publicize this telephone number on its website and to the
State's Attorney of each county.
(3) In the event of an escape from State custody, the
Department of Corrections or the Department of Juvenile
Justice immediately shall notify the Prisoner Review Board
of the escape and the Prisoner Review Board shall notify
the victim. The notification shall be based upon the most
recent information as to the victim's residence or other
location available to the Board. When no such information
is available, the Board shall make all reasonable efforts
to obtain the information and make the notification. When
the escapee is apprehended, the Department of Corrections
or the Department of Juvenile Justice immediately shall
notify the Prisoner Review Board and the Board shall
notify the victim.
(4) The victim of the crime for which the prisoner has
been sentenced has the right to register with the Prisoner
Review Board's victim registry. Victims registered with
the Board shall receive reasonable written notice not less
than 30 days prior to the parole hearing or target
aftercare release date. The victim has the right to submit
a victim statement for consideration by the Prisoner
Review Board or the Department of Juvenile Justice in
writing, on film, videotape, or other electronic means, or

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in the form of a recording prior to the parole hearing or
target aftercare release date, or in person at the parole
hearing or aftercare release protest hearing, or by
calling the toll-free number established in subsection (f)
of this Section. The victim shall be notified within 7
days after the prisoner has been granted parole or
aftercare release and shall be informed of the right to
inspect the registry of parole decisions, established
under subsection (g) of Section 3-3-5 of the Unified Code
of Corrections. The provisions of this paragraph (4) are
subject to the Open Parole Hearings Act. Victim statements
provided to the Board shall be confidential and
privileged, including any statements received prior to
January 1, 2020 (the effective date of Public Act
101-288), except if the statement was an oral statement
made by the victim at a hearing open to the public.
(4-1) The crime victim has the right to submit a
victim statement for consideration by the Prisoner Review
Board or the Department of Juvenile Justice prior to or at
a hearing to determine the conditions of mandatory
supervised release of a person sentenced to a determinate
sentence or at a hearing on revocation of mandatory
supervised release of a person sentenced to a determinate
sentence. A victim statement may be submitted in writing,
on film, videotape, or other electronic means, or in the
form of a recording, or orally at a hearing, or by calling

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the toll-free number established in subsection (f) of this
Section. Victim statements provided to the Board shall be
confidential and privileged, including any statements
received prior to January 1, 2020 (the effective date of
Public Act 101-288), except if the statement was an oral
statement made by the victim at a hearing open to the
public.
(4-2) The crime victim has the right to submit a
victim statement to the Prisoner Review Board for
consideration at an executive clemency hearing as provided
in Section 3-3-13 of the Unified Code of Corrections. A
victim statement may be submitted in writing, on film,
videotape, or other electronic means, or in the form of a
recording prior to a hearing, or orally at a hearing, or by
calling the toll-free number established in subsection (f)
of this Section. Victim statements provided to the Board
shall be confidential and privileged, including any
statements received prior to January 1, 2020 (the
effective date of Public Act 101-288), except if the
statement was an oral statement made by the victim at a
hearing open to the public.
(5) If a statement is presented under Section 6, the
Prisoner Review Board or Department of Juvenile Justice
shall inform the victim of any order of discharge pursuant
to Section 3-2.5-85 or 3-3-8 of the Unified Code of
Corrections.

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(6) At the written or oral request of the victim of the
crime for which the prisoner was sentenced or the State's
Attorney of the county where the person seeking parole or
aftercare release was prosecuted, the Prisoner Review
Board or Department of Juvenile Justice shall notify the
victim and the State's Attorney of the county where the
person seeking parole or aftercare release was prosecuted
of the death of the prisoner if the prisoner died while on
parole or aftercare release or mandatory supervised
release.
(7) When a defendant who has been committed to the
Department of Corrections, the Department of Juvenile
Justice, or the Department of Human Services is released
or discharged and subsequently committed to the Department
of Human Services as a sexually violent person and the
victim had requested to be notified by the releasing
authority of the defendant's discharge, conditional
release, death, or escape from State custody, the
releasing authority shall provide to the Department of
Human Services such information that would allow the
Department of Human Services to contact the victim.
(8) When a defendant has been convicted of a sex
offense as defined in Section 2 of the Sex Offender
Registration Act and has been sentenced to the Department
of Corrections or the Department of Juvenile Justice, the
Prisoner Review Board or the Department of Juvenile

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Justice shall notify the victim of the sex offense of the
prisoner's eligibility for release on parole, aftercare
release, mandatory supervised release, electronic
detention, work release, international transfer or
exchange, or by the custodian of the discharge of any
individual who was adjudicated a delinquent for a sex
offense from State custody and by the sheriff of the
appropriate county of any such person's final discharge
from county custody. The notification shall be made to the
victim at least 30 days, whenever possible, before release
of the sex offender.
(e) The officials named in this Section may satisfy some
or all of their obligations to provide notices and other
information through participation in a statewide victim and
witness notification system established by the Attorney
General under Section 8.5 of this Act.
(f) The Prisoner Review Board shall establish a toll-free
number that may be accessed by the crime victim to present a
victim statement to the Board in accordance with paragraphs
(4), (4-1), and (4-2) of subsection (d).
(Source: P.A. 100-199, eff. 1-1-18; 100-961, eff. 1-1-19;
101-81, eff. 7-12-19; 101-288, eff. 1-1-20; 101-652, eff.
1-1-23.)
(725 ILCS 120/7) (from Ch. 38, par. 1407)
Sec. 7. Responsibilities of victims and witnesses. Victims

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and witnesses shall have the following responsibilities to aid
in the prosecution of violent crime and to ensure that their
constitutional rights are enforced:
(a) To make a timely report of the crime;
(b) To cooperate with law enforcement authorities
throughout the investigation, prosecution, and trial;
(c) To testify at trial;
(c-5) to timely provide information and documentation to
the prosecuting attorney that is related to the assertion of
their rights.
(d) To notify law enforcement authorities and the
prosecuting attorney of any change of contact information,
including but not limited to, changes of address and contact
information, including but not limited to changes of address,
telephone number, and email address. Law enforcement
authorities and the prosecuting attorney shall maintain the
confidentiality of this information. A court may find that the
failure to notify the prosecuting attorney of any change in
contact information constitutes waiver of a right.
(e) A victim who otherwise cooperates with law enforcement
authorities and the prosecuting attorney, but declines to
provide information and documentation to the prosecuting
attorney that is privileged or confidential under the law, or
chooses not to waive privilege, shall still be considered as
cooperating for the purposes of this Act and maintain the
status of victim and the rights afforded to victims under this

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Act.
(Source: P.A. 99-413, eff. 8-20-15.)
(725 ILCS 120/9) (from Ch. 38, par. 1408)
Sec. 9. This Act does not limit any rights or
responsibilities otherwise enjoyed by or imposed upon victims
or witnesses of violent crime, nor does it grant any person a
cause of action in equity or at law for compensation for
damages or attorneys fees. Any act of omission or commission
by any law enforcement officer, circuit court clerk, or
State's Attorney, by the Attorney General, Prisoner Review
Board, Department of Corrections, the Department of Juvenile
Justice, Department of Human Services, or other State agency,
or private entity under contract pursuant to Section 8, or by
any employee of any State agency or private entity under
contract pursuant to Section 8 acting in good faith in
rendering crime victim's assistance or otherwise enforcing
this Act shall not impose civil liability upon the individual
or entity or his or her supervisor or employer. Nothing in this
Act shall create a basis for vacating a conviction or a ground
for relief requested by the defendant in any criminal case.
(Source: P.A. 99-413, eff. 8-20-15.)
Section 25. The Sexual Assault Evidence Submission Act is
amended by changing Section 50 as follows:

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(725 ILCS 202/50)
Sec. 50. Sexual assault evidence tracking system.
(a) On June 26, 2018, the Sexual Assault Evidence Tracking
and Reporting Commission issued its report as required under
Section 43. It is the intention of the General Assembly in
enacting the provisions of this amendatory Act of the 101st
General Assembly to implement the recommendations of the
Sexual Assault Evidence Tracking and Reporting Commission set
forth in that report in a manner that utilizes the current
resources of law enforcement agencies whenever possible and
that is adaptable to changing technologies and circumstances.
(a-1) Due to the complex nature of a statewide tracking
system for sexual assault evidence and to ensure all
stakeholders, including, but not limited to, victims and their
designees, health care facilities, law enforcement agencies,
forensic labs, and State's Attorneys offices are integrated,
the Commission recommended the purchase of an electronic
off-the-shelf tracking system. The system must be able to
communicate with all stakeholders and provide real-time
information to a victim or his or her designee on the status of
the evidence that was collected. The sexual assault evidence
tracking system must:
(1) be electronic and web-based;
(2) be administered by the Department of State Police;
(3) have help desk availability at all times;
(4) ensure the law enforcement agency contact

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information is accessible to the victim or his or her
designee through the tracking system, so there is contact
information for questions;
(5) have the option for external connectivity to
evidence management systems, laboratory information
management systems, or other electronic data systems
already in existence by any of the stakeholders to
minimize additional burdens or tasks on stakeholders;
(6) allow for the victim to opt in for automatic
notifications when status updates are entered in the
system, if the system allows;
(7) include at each step in the process, a brief
explanation of the general purpose of that step and a
general indication of how long the step may take to
complete;
(8) contain minimum fields for tracking and reporting,
as follows:
(A) for sexual assault evidence kit vendor fields:
(i) each sexual evidence kit identification
number provided to each health care facility; and
(ii) the date the sexual evidence kit was sent
to the health care facility.
(B) for health care facility fields:
(i) the date sexual assault evidence was
collected; and
(ii) the date notification was made to the law

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enforcement agency that the sexual assault
evidence was collected.
(C) for law enforcement agency fields:
(i) the date the law enforcement agency took
possession of the sexual assault evidence from the
health care facility, another law enforcement
agency, or victim if he or she did not go through a
health care facility;
(ii) the law enforcement agency complaint
number;
(iii) if the law enforcement agency that takes
possession of the sexual assault evidence from a
health care facility is not the law enforcement
agency with jurisdiction in which the offense
occurred, the date when the law enforcement agency
notified the law enforcement agency having
jurisdiction that the agency has sexual assault
evidence required under subsection (c) of Section
20 of the Sexual Assault Incident Procedure Act;
(iv) an indication if the victim consented for
analysis of the sexual assault evidence;
(v) if the victim did not consent for analysis
of the sexual assault evidence, the date on which
the law enforcement agency is no longer required
to store the sexual assault evidence;
(vi) a mechanism for the law enforcement

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agency to document why the sexual assault evidence
was not submitted to the laboratory for analysis,
if applicable;
(vii) the date the law enforcement agency
received the sexual assault evidence results back
from the laboratory;
(viii) the date statutory notifications were
made to the victim or documentation of why
notification was not made; and
(ix) the date the law enforcement agency
turned over the case information to the State's
Attorney office, if applicable.
(D) for forensic lab fields:
(i) the date the sexual assault evidence is
received from the law enforcement agency by the
forensic lab for analysis;
(ii) the laboratory case number, visible to
the law enforcement agency and State's Attorney
office; and
(iii) the date the laboratory completes the
analysis of the sexual assault evidence.
(E) for State's Attorney office fields:
(i) the date the State's Attorney office
received the sexual assault evidence results from
the laboratory, if applicable; and
(ii) the disposition or status of the case.

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(a-2) The Commission also developed guidelines for secure
electronic access to a tracking system for a victim, or his or
her designee to access information on the status of the
evidence collected. The Commission recommended minimum
guidelines in order to safeguard confidentiality of the
information contained within this statewide tracking system.
These recommendations are that the sexual assault evidence
tracking system must:
(1) allow for secure access, controlled by an
administering body who can restrict user access and allow
different permissions based on the need of that particular
user and health care facility users may include
out-of-state border hospitals, if authorized by the
Department of State Police to obtain this State's kits
from vendor;
(2) provide for users, other than victims, the ability
to provide for any individual who is granted access to the
program their own unique user ID and password;
(3) provide for a mechanism for a victim to enter the
system and only access his or her own information;
(4) enable a sexual assault evidence to be tracked and
identified through the unique sexual assault evidence kit
identification number or barcode that the vendor applies
to each sexual assault evidence kit per the Department of
State Police's contract;
(5) have a mechanism to inventory unused kits provided

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to a health care facility from the vendor;
(6) provide users the option to either scan the bar
code or manually enter the sexual assault evidence kit
number into the tracking program;
(7) provide a mechanism to create a separate unique
identification number for cases in which a sexual evidence
kit was not collected, but other evidence was collected;
(8) provide the ability to record date, time, and user
ID whenever any user accesses the system;
(9) provide for real-time entry and update of data;
(10) contain report functions including:
(A) health care facility compliance with
applicable laws;
(B) law enforcement agency compliance with
applicable laws;
(C) law enforcement agency annual inventory of
cases to each State's Attorney office; and
(D) forensic lab compliance with applicable laws;
and
(11) provide automatic notifications to the law
enforcement agency when:
(A) a health care facility has collected sexual
assault evidence;
(B) unreleased sexual assault evidence that is
being stored by the law enforcement agency has met the
minimum storage requirement by law; and

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(C) timelines as required by law are not met for a
particular case, if not otherwise documented.
(b) The Department may shall develop rules to implement a
sexual assault evidence tracking system that conforms with
subsections (a-1) and (a-2) of this Section. The Department
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,
including, but not limited to, currently available tracking
systems. The sexual assault evidence tracking system shall be
operational and shall begin tracking and reporting sexual
assault evidence no later than one year after the effective
date of this amendatory Act of the 101st General Assembly. The
Department may adopt additional rules as it deems necessary to
ensure that the sexual assault evidence tracking system
continues to be a useful tool for law enforcement.
(c) 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 defined in Section 1a of the Sexual
Assault Survivors Emergency Treatment Act shall participate in
the sexual assault evidence tracking system created under this
Section and in accordance with rules adopted under subsection
(b), including, but not limited to, the collection of sexual
assault evidence and providing information regarding that

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evidence, including, but not limited to, providing notice to
law enforcement that the evidence has been collected.
(d) The operations of the sexual assault evidence tracking
system shall be funded by moneys appropriated for that purpose
from the State Crime Laboratory Fund and funds provided to the
Department through asset forfeiture, together with such other
funds as the General Assembly may appropriate.
(e) To ensure that the sexual assault evidence tracking
system is operational, the Department may adopt emergency
rules to implement the provisions of this Section under
subsection (ff) of Section 5-45 of the Illinois Administrative
Procedure Act.
(f) Information, including, but not limited to, evidence
and records in the sexual assault evidence tracking system is
exempt from disclosure under the Freedom of Information Act.
(Source: P.A. 101-377, eff. 8-16-19.)
Section 30. The Sexual Assault Incident Procedure Act is
amended by changing Sections 25 and 35 and by adding Section 11
as follows:
(725 ILCS 203/11 new)
Sec. 11. Victim notification. When sexual assault evidence
is collected from a sexual assault survivor, the health care
provider or law enforcement officer who collects the evidence
must notify a victim about the tracking system. Such

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notification is satisfied by providing the victim information
regarding the Sexual Assault Evidence Tracking System and the
victim's unique log-in information contained within the sexual
assault evidence kit or generated by the sexual assault
evidence tracking system.
(725 ILCS 203/25)
Sec. 25. Report; victim notice.
(a) At the time of first contact with the victim, law
enforcement shall:
(1) Advise the victim about the following by providing
a form, the contents of which shall be prepared by the
Office of the Attorney General and posted on its website,
written in a language appropriate for the victim or in
Braille, or communicating in appropriate sign language
that includes, but is not limited to:
(A) information about seeking medical attention
and preserving evidence, including specifically,
collection of evidence during a medical forensic
examination at a hospital and photographs of injury
and clothing;
(B) notice that the victim will not be charged for
hospital emergency and medical forensic services;
(C) information advising the victim that evidence
can be collected at the hospital up to 7 days after the
sexual assault or sexual abuse but that the longer the

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victim waits the likelihood of obtaining evidence
decreases;
(C-5) notice that the sexual assault forensic
evidence collected will not be used to prosecute the
victim for any offense related to the use of alcohol,
cannabis, or a controlled substance;
(D) the location of nearby hospitals that provide
emergency medical and forensic services and, if known,
whether the hospitals employ any sexual assault nurse
examiners;
(E) a summary of the procedures and relief
available to victims of sexual assault or sexual abuse
under the Civil No Contact Order Act or the Illinois
Domestic Violence Act of 1986;
(F) the law enforcement officer's name and badge
number;
(G) at least one referral to an accessible service
agency and information advising the victim that rape
crisis centers can assist with obtaining civil no
contact orders and orders of protection; and
(H) if the sexual assault or sexual abuse occurred
in another jurisdiction, provide in writing the
address and phone number of a specific contact at the
law enforcement agency having jurisdiction.
(2) Offer to provide or arrange accessible
transportation for the victim to a hospital for emergency

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and forensic services, including contacting emergency
medical services.
(2.5) Notify victims about the Illinois State Police
sexual assault evidence tracking system.
(3) Offer to provide or arrange accessible
transportation for the victim to the nearest available
circuit judge or associate judge so the victim may file a
petition for an emergency civil no contact order under the
Civil No Contact Order Act or an order of protection under
the Illinois Domestic Violence Act of 1986 after the close
of court business hours, if a judge is available.
(b) At the time of the initial contact with a person making
a third-party report under Section 22 of this Act, a law
enforcement officer shall provide the written information
prescribed under paragraph (1) of subsection (a) of this
Section to the person making the report and request the person
provide the written information to the victim of the sexual
assault or sexual abuse.
(c) If the first contact with the victim occurs at a
hospital, a law enforcement officer may request the hospital
provide interpretive services.
(Source: P.A. 99-801, eff. 1-1-17; 100-1087, eff. 1-1-19.)
(725 ILCS 203/35)
Sec. 35. Release of information.
(a) Upon the request of the victim who has consented to the

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release of sexual assault evidence for testing, the law
enforcement agency having jurisdiction shall notify the victim
about the Illinois State Police sexual assault evidence
tracking system and provide the following information in
writing:
(1) the date the sexual assault evidence was sent to a
Department of State Police forensic laboratory or
designated laboratory;
(2) test results provided to the law enforcement
agency by a Department of State Police forensic laboratory
or designated laboratory, including, but not limited to:
(A) whether a DNA profile was obtained from the
testing of the sexual assault evidence from the
victim's case;
(B) whether the DNA profile developed from the
sexual assault evidence has been searched against the
DNA Index System or any state or federal DNA database;
(C) whether an association was made to an
individual whose DNA profile is consistent with the
sexual assault evidence DNA profile, provided that
disclosure would not impede or compromise an ongoing
investigation; and
(D) whether any drugs were detected in a urine or
blood sample analyzed for drug facilitated sexual
assault and information about any drugs detected.
(b) The information listed in paragraph (1) of subsection

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(a) of this Section shall be provided to the victim within 7
days of the transfer of the evidence to the laboratory. The
information listed in paragraph (2) of subsection (a) of this
Section shall be provided to the victim within 7 days of the
receipt of the information by the law enforcement agency
having jurisdiction.
(c) At the time the sexual assault evidence is released
for testing, the victim shall be provided written information
by the law enforcement agency having jurisdiction or the
hospital providing emergency services and forensic services to
the victim informing him or her of the right to request
information under subsection (a) of this Section. A victim may
designate another person or agency to receive this
information.
(d) The victim or the victim's designee shall keep the law
enforcement agency having jurisdiction informed of the name,
address, telephone number, and email address of the person to
whom the information should be provided, and any changes of
the name, address, telephone number, and email address, if an
email address is available.
(Source: P.A. 99-801, eff. 1-1-17.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does

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not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.