Bill Text: IL SB0333 | 2023-2024 | 103rd General Assembly | Engrossed
Bill Title: Amends the Criminal Identification Act. Makes a technical change in a Section concerning the short title.
Spectrum: Strong Partisan Bill (Democrat 11-1)
Status: (Engrossed) 2024-05-31 - Rule 19(a) / Re-referred to Rules Committee [SB0333 Detail]
Download: Illinois-2023-SB0333-Engrossed.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Identification Act is amended by | ||||||
5 | changing Section 3.2 as follows:
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6 | (20 ILCS 2630/3.2) (from Ch. 38, par. 206-3.2)
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7 | Sec. 3.2.
(a) It is the duty of any person conducting or | ||||||
8 | operating a medical facility,
or any physician or nurse , as | ||||||
9 | soon as treatment permits , to notify the local
law enforcement | ||||||
10 | agency of that jurisdiction upon the application for
treatment | ||||||
11 | of a person who is not accompanied by a law enforcement | ||||||
12 | officer,
when it reasonably appears that the person requesting | ||||||
13 | treatment has
received:
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14 | (1) any injury resulting from the discharge of a | ||||||
15 | firearm; or
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16 | (2) any injury sustained in the commission of or as a | ||||||
17 | victim of a
criminal offense ; or . | ||||||
18 | (3) any injury sustained as a victim of a criminal | ||||||
19 | offense. Except, when it reasonably appears that the | ||||||
20 | person requesting treatment is a sexual assault survivor | ||||||
21 | age 13 or older, a person conducting or operating a | ||||||
22 | medical facility, or a physician or nurse at the medical | ||||||
23 | facility, must notify the local law enforcement as |
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1 | follows: | ||||||
2 | (A) If a sexual assault survivor consents to | ||||||
3 | notification being made, local law enforcement must be | ||||||
4 | notified as soon as treatment permits. If the sexual | ||||||
5 | assault or sexual abuse occurred in another | ||||||
6 | jurisdiction, the law enforcement officer taking the | ||||||
7 | report must submit the report to the law enforcement | ||||||
8 | agency having jurisdiction as provided in subsection | ||||||
9 | (c) of Section 20 of the Sexual Assault Incident | ||||||
10 | Procedure Act. | ||||||
11 | (B) The health care provider must advise the | ||||||
12 | survivor about the options for timing of the law | ||||||
13 | enforcement notification, ask the survivor if the | ||||||
14 | survivor has been threatened, and offer to connect the | ||||||
15 | survivor with a rape crisis center for safety | ||||||
16 | planning, if appropriate. If a sexual assault survivor | ||||||
17 | does not consent to notification being made as soon as | ||||||
18 | treatment permits, notification to the law enforcement | ||||||
19 | agency having jurisdiction must be delayed until after | ||||||
20 | the sexual assault survivor leaves the outpatient | ||||||
21 | treatment location, but no later than 24 hours after | ||||||
22 | the sexual assault survivor leaves. If the law | ||||||
23 | enforcement agency having jurisdiction cannot be | ||||||
24 | reasonably determined, then notification shall be made | ||||||
25 | to the local law enforcement agency of the medical | ||||||
26 | facility. |
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1 | (C) If a sexual assault survivor does not consent | ||||||
2 | to notification being made as soon as treatment | ||||||
3 | permits and only consents to the collection and | ||||||
4 | storage of evidence, the person conducting or | ||||||
5 | operating a medical facility, or a physician or nurse | ||||||
6 | at the medical facility, must make the notification in | ||||||
7 | accordance with Section 6.6 or 6.6-1 of the Sexual | ||||||
8 | Assault Survivors Emergency Treatment Act. Law | ||||||
9 | enforcement may not be given any personal identifying | ||||||
10 | information for the sexual assault survivor other than | ||||||
11 | using the unique sexual assault evidence kit | ||||||
12 | identification number assigned to the Illinois State | ||||||
13 | Police evidence collection kit or the sexual assault | ||||||
14 | survivor's medical record number. The medical | ||||||
15 | facility, physician, or nurse must record the unique | ||||||
16 | sexual assault evidence kit identification number in | ||||||
17 | the medical record, if one exists, and shall provide | ||||||
18 | the number to the sexual assault survivor or the | ||||||
19 | sexual assault survivor's designee at the time of | ||||||
20 | treatment and later at the request of the sexual | ||||||
21 | assault survivor or their designee. | ||||||
22 | (D) The sexual assault survivor's decision | ||||||
23 | regarding notification of law enforcement must be | ||||||
24 | documented in the medical record. The documentation | ||||||
25 | must also include confirmation that the question in | ||||||
26 | subparagraph (B) was asked of the survivor. |
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1 | (E) The notification to law enforcement must be | ||||||
2 | limited to the following information: | ||||||
3 | (i) the date and time the sexual assault | ||||||
4 | survivor presented for treatment; | ||||||
5 | (ii) the nature of the criminal offense; | ||||||
6 | (iii) the municipality, township, or county | ||||||
7 | where the criminal offense occurred; | ||||||
8 | (iv) when necessary to prevent serious and | ||||||
9 | imminent physical harm to others, information that | ||||||
10 | identifies a perpetrator who poses a serious and | ||||||
11 | imminent threat to an identifiable group or | ||||||
12 | individual other than the victim; | ||||||
13 | (v) when applicable, the unique sexual assault | ||||||
14 | evidence kit identification number; and | ||||||
15 | (vi) additional information and details about | ||||||
16 | the criminal offense or the sexual assault | ||||||
17 | survivor that the sexual assault survivor gives | ||||||
18 | consent to be given, and this consent must be | ||||||
19 | documented in the medical record. | ||||||
20 | (F) Nothing in this subsection permits a delay in | ||||||
21 | notification to law enforcement when a patient admits | ||||||
22 | to committing a violent crime. | ||||||
23 | (G) Nothing in this subsection permits a delay in | ||||||
24 | notification to law enforcement when a sexual assault | ||||||
25 | survivor is admitted or treated for an injury due to | ||||||
26 | discharge of a firearm or life-threatening injuries. |
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1 | Notification related to the sexual assault shall | ||||||
2 | otherwise meet the requirements of this subsection.
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3 | (H) Nothing in this subsection changes the | ||||||
4 | obligations of mandated reporters under the Abused and | ||||||
5 | Neglected Child Reporting Act, the Adult Protective | ||||||
6 | Services Act, and the Abused and Neglected Long Term | ||||||
7 | Care Facility Residents Reporting Act, and nothing in | ||||||
8 | this subsection requires a delay in notification of | ||||||
9 | law enforcement by the Department of Children and | ||||||
10 | Family Services, Adult Protective Services, or any | ||||||
11 | other agency receiving a mandated report. | ||||||
12 | Any hospital, physician or nurse shall be forever held | ||||||
13 | harmless from
any civil liability for their reasonable | ||||||
14 | compliance with the provisions of
this Section. | ||||||
15 | (b) Notwithstanding subsection (a), nothing in this
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16 | Section shall be construed to require the reporting of lawful
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17 | health care activity, whether such activity may constitute a
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18 | violation of another state's law. | ||||||
19 | (c) As used in this Section: | ||||||
20 | "Law enforcement agency having jurisdiction" and "sexual | ||||||
21 | assault survivor" have the meanings given to those terms in | ||||||
22 | Section 1a of the Sexual Assault Survivors Emergency Treatment | ||||||
23 | Act. | ||||||
24 | "Lawful health care" means: | ||||||
25 | (1) reproductive health care that is not unlawful | ||||||
26 | under the laws of this State, including on any theory of |
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1 | vicarious, joint, several, or conspiracy liability; or | ||||||
2 | (2) the treatment of gender dysphoria or the | ||||||
3 | affirmation of an individual's gender identity or gender | ||||||
4 | expression, including but not limited to, all supplies, | ||||||
5 | care, and services of a medical, behavioral health, mental | ||||||
6 | health, surgical, psychiatric, therapeutic, diagnostic, | ||||||
7 | preventative, rehabilitative, or supportive nature that is | ||||||
8 | not unlawful under the laws of this State, including on | ||||||
9 | any theory of vicarious, joint, several, or conspiracy | ||||||
10 | liability.
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11 | "Lawful health care activity" means seeking, providing,
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12 | receiving, assisting in seeking, providing, or receiving,
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13 | providing material support for, or traveling to obtain lawful
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14 | health care. | ||||||
15 | (Source: P.A. 102-1117, eff. 1-13-23.)
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