Bill Text: IL SB3404 | 2017-2018 | 100th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning the short title.
Spectrum: Slight Partisan Bill (Democrat 11-4)
Status: (Passed) 2018-08-24 - Public Act . . . . . . . . . 100-1087 [SB3404 Detail]
Download: Illinois-2017-SB3404-Engrossed.html
Bill Title: Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning the short title.
Spectrum: Slight Partisan Bill (Democrat 11-4)
Status: (Passed) 2018-08-24 - Public Act . . . . . . . . . 100-1087 [SB3404 Detail]
Download: Illinois-2017-SB3404-Engrossed.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Preventing Sexual Violence in Higher | ||||||
5 | Education Act is amended by changing Section 10 as follows:
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6 | (110 ILCS 155/10)
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7 | Sec. 10. Comprehensive policy. On or before August 1, 2016, | ||||||
8 | all higher education institutions shall adopt a comprehensive | ||||||
9 | policy concerning sexual violence, domestic violence, dating | ||||||
10 | violence, and stalking consistent with governing federal and | ||||||
11 | State law. The higher education institution's comprehensive | ||||||
12 | policy shall include, at a minimum, all of the following | ||||||
13 | components: | ||||||
14 | (1) A definition of consent that, at a minimum, | ||||||
15 | recognizes that (i) consent is a freely given agreement to | ||||||
16 | sexual activity, (ii) a person's lack of verbal or physical | ||||||
17 | resistance or submission resulting from the use or threat | ||||||
18 | of force does not constitute consent, (iii) a person's | ||||||
19 | manner of dress does not constitute consent, (iv) a | ||||||
20 | person's consent to past sexual activity does not | ||||||
21 | constitute consent to future sexual activity, (v) a | ||||||
22 | person's consent to engage in sexual activity with one | ||||||
23 | person does not constitute consent to engage in sexual |
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1 | activity with another, (vi) a person can withdraw consent | ||||||
2 | at any time, and (vii) a person cannot consent to sexual | ||||||
3 | activity if that person is unable to understand the nature | ||||||
4 | of the activity or give knowing consent due to | ||||||
5 | circumstances, including without limitation the following: | ||||||
6 | (A) the person is incapacitated due to the use or | ||||||
7 | influence of alcohol or drugs; | ||||||
8 | (B) the person is asleep or unconscious; | ||||||
9 | (C) the person is under age; or | ||||||
10 | (D) the person is incapacitated due to a mental | ||||||
11 | disability. | ||||||
12 | Nothing in this Section prevents a higher education | ||||||
13 | institution from defining consent in a more demanding | ||||||
14 | manner. | ||||||
15 | (2) Procedures that students of the higher education | ||||||
16 | institution may follow if they choose to report an alleged | ||||||
17 | violation of the comprehensive policy, regardless of where | ||||||
18 | the incident of sexual violence, domestic violence, dating | ||||||
19 | violence, or stalking occurred, including all of the | ||||||
20 | following: | ||||||
21 | (A) Name and contact information for the Title IX | ||||||
22 | coordinator, campus law enforcement or security, local | ||||||
23 | law enforcement, and the community-based sexual | ||||||
24 | assault crisis center. | ||||||
25 | (B) The name, title, and contact information for | ||||||
26 | confidential advisors and other confidential resources |
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1 | and a description of what confidential reporting | ||||||
2 | means. | ||||||
3 | (C) Information regarding the various individuals, | ||||||
4 | departments, or organizations to whom a student may | ||||||
5 | report a violation of the comprehensive policy, | ||||||
6 | specifying for each individual and entity (i) the | ||||||
7 | extent of the individual's or entity's reporting | ||||||
8 | obligation, (ii) the extent of the individual's or | ||||||
9 | entity's ability to protect the student's privacy, and | ||||||
10 | (iii) the extent of the individual's or entity's | ||||||
11 | ability to have confidential communications with the | ||||||
12 | student. | ||||||
13 | (D) An option for students to electronically | ||||||
14 | report. | ||||||
15 | (E) An option for students to anonymously report. | ||||||
16 | (F) An option for students to confidentially | ||||||
17 | report. | ||||||
18 | (G) An option for reports by third parties and | ||||||
19 | bystanders. | ||||||
20 | (3) The higher education institution's procedure for | ||||||
21 | responding to a report of an alleged incident of sexual | ||||||
22 | violence, domestic violence, dating violence, or stalking, | ||||||
23 | including without limitation (i) assisting and | ||||||
24 | interviewing the survivor, (ii) identifying and locating | ||||||
25 | witnesses, (iii) contacting and interviewing the | ||||||
26 | respondent, (iv) contacting and cooperating with law |
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1 | enforcement, when applicable, and (v) providing | ||||||
2 | information regarding the importance of preserving | ||||||
3 | physical evidence of the sexual violence and the | ||||||
4 | availability of a medical forensic examination at no charge | ||||||
5 | to the survivor. | ||||||
6 | (4) A statement of the higher education institution's | ||||||
7 | obligation to provide survivors with concise information, | ||||||
8 | written in plain language, concerning the survivor's | ||||||
9 | rights and options, upon receiving a report of an alleged | ||||||
10 | violation of the comprehensive policy, as described in | ||||||
11 | Section 15 of this Act. | ||||||
12 | (5) The name, address, and telephone number of the | ||||||
13 | medical facility nearest to each campus of the higher | ||||||
14 | education institution where a survivor may have a medical | ||||||
15 | forensic examination completed at no cost to the survivor, | ||||||
16 | pursuant to the Sexual Assault Survivors Emergency | ||||||
17 | Treatment Act. | ||||||
18 | (6) The name, telephone number, address, and website | ||||||
19 | URL, if available, of community-based, State, and national | ||||||
20 | sexual assault crisis centers. | ||||||
21 | (7) A statement notifying survivors of the interim | ||||||
22 | protective
measures and accommodations reasonably | ||||||
23 | available from the
higher education institution that a | ||||||
24 | survivor may request in
response to an alleged violation of | ||||||
25 | the comprehensive
policy, including without limitation | ||||||
26 | changes to academic,
living, dining, transportation, and |
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1 | working situations,
obtaining and enforcing campus no | ||||||
2 | contact orders, and
honoring an order of protection or no | ||||||
3 | contact order entered
by a State civil or criminal court. | ||||||
4 | (8) The higher education institution's complaint | ||||||
5 | resolution procedures if a student alleges violation of the | ||||||
6 | comprehensive violence policy, including, at a minimum, | ||||||
7 | the guidelines set forth in Section 25 of this Act. | ||||||
8 | (9) A statement of the range of sanctions the higher | ||||||
9 | education institution may impose following the | ||||||
10 | implementation of its complaint resolution procedures in | ||||||
11 | response to an alleged violation of the comprehensive | ||||||
12 | policy. Sanctions may include, but are not limited to, | ||||||
13 | suspension, expulsion, or removal of the student found, | ||||||
14 | after complaint resolution procedures, to be in violation | ||||||
15 | of the comprehensive policy of the higher education | ||||||
16 | institution. | ||||||
17 | (10) A statement of the higher education institution's | ||||||
18 | obligation to include an amnesty provision that provides | ||||||
19 | immunity to any student who reports, in good faith, an | ||||||
20 | alleged violation of the higher education institution's | ||||||
21 | comprehensive policy to a responsible employee, as defined | ||||||
22 | by federal law, so that the reporting student will not | ||||||
23 | receive a disciplinary sanction by the institution for a | ||||||
24 | student conduct violation, such as underage drinking or | ||||||
25 | possession or use of a controlled substance , that is | ||||||
26 | revealed in the course of such a report, unless the |
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1 | institution determines that the violation was egregious, | ||||||
2 | including without limitation an action that places the | ||||||
3 | health or safety of any other person at risk. | ||||||
4 | (11) A statement of the higher education institution's | ||||||
5 | prohibition on retaliation against those who, in good | ||||||
6 | faith, report or disclose an alleged violation of the | ||||||
7 | comprehensive policy, file a complaint, or otherwise | ||||||
8 | participate in the complaint resolution procedure and | ||||||
9 | available sanctions for individuals who engage in | ||||||
10 | retaliatory conduct.
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11 | (Source: P.A. 99-426, eff. 8-21-15; 99-741, eff. 8-5-16.)
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12 | Section 10. The Liquor Control Act of 1934 is amended by | ||||||
13 | changing Section 6-20 as follows:
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14 | (235 ILCS 5/6-20) (from Ch. 43, par. 134a)
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15 | Sec. 6-20. Transfer, possession, and consumption of | ||||||
16 | alcoholic liquor; restrictions.
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17 | (a) Any person to whom the sale, gift or delivery of any | ||||||
18 | alcoholic
liquor is prohibited because of age shall not | ||||||
19 | purchase, or accept a gift of
such alcoholic liquor or have | ||||||
20 | such alcoholic liquor in his possession.
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21 | (b) If a licensee or his or her agents or employees | ||||||
22 | believes or has reason to
believe that a sale or delivery of | ||||||
23 | any alcoholic liquor is prohibited
because of the non-age of | ||||||
24 | the prospective recipient, he or she shall,
before
making such |
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1 | sale or delivery demand presentation of some form of
positive | ||||||
2 | identification, containing proof of age, issued by a public
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3 | officer in the performance of his or her official duties.
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4 | (c) No person shall transfer, alter, or deface such an | ||||||
5 | identification
card; use the identification card of another; | ||||||
6 | carry or use a false or
forged identification card; or obtain | ||||||
7 | an identification card by means of
false information. | ||||||
8 | (d) No person shall purchase, accept delivery or have
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9 | possession of alcoholic liquor in violation of this Section. | ||||||
10 | (e) The
consumption of alcoholic liquor by any person under | ||||||
11 | 21 years of age is
forbidden. | ||||||
12 | (f) Whoever violates any provisions of this Section shall | ||||||
13 | be
guilty of a Class A misdemeanor.
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14 | (g) The possession and dispensing, or consumption by a | ||||||
15 | person under 21 years
of age of alcoholic liquor in the | ||||||
16 | performance of a religious
service or ceremony, or the | ||||||
17 | consumption by a person under 21 years of
age under the direct | ||||||
18 | supervision and approval of the parents
or parent or those | ||||||
19 | persons standing in loco parentis of such person
under 21 years | ||||||
20 | of age in the privacy of a home, is not
prohibited by this Act.
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21 | (h) The provisions of this Act prohibiting the possession | ||||||
22 | of alcoholic liquor by a person under 21 years
of age and | ||||||
23 | dispensing of alcoholic liquor to a person under 21 years
of | ||||||
24 | age do not apply in the case of a student under 21 years
of age, | ||||||
25 | but 18 years of age or older, who: | ||||||
26 | (1) tastes, but does not imbibe, alcoholic liquor only |
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1 | during times of a regularly scheduled course while under | ||||||
2 | the direct
supervision of an instructor who is at least 21 | ||||||
3 | years of age and
employed by an educational institution | ||||||
4 | described in subdivision (2); | ||||||
5 | (2) is enrolled as a student in a college, university, | ||||||
6 | or post-secondary educational institution that is | ||||||
7 | accredited or certified by an agency recognized by the | ||||||
8 | United States Department of Education or a nationally | ||||||
9 | recognized accrediting agency or association, or that has a | ||||||
10 | permit of approval issued by the Board of Higher Education | ||||||
11 | pursuant to the
Private Business and Vocational Schools Act | ||||||
12 | of 2012; | ||||||
13 | (3) is participating in a culinary arts, fermentation | ||||||
14 | science, food service, or restaurant management
degree | ||||||
15 | program of which a portion of the program includes | ||||||
16 | instruction on responsible alcoholic beverage serving | ||||||
17 | methods modeled after the Beverage Alcohol Sellers and | ||||||
18 | Server Education and Training (BASSET) curriculum; and | ||||||
19 | (4) tastes, but does not imbibe, alcoholic liquor for | ||||||
20 | instructional
purposes up to, but not exceeding, 6 times | ||||||
21 | per class as a part of a required course in which the | ||||||
22 | student temporarily possesses alcoholic liquor for | ||||||
23 | tasting, not imbibing, purposes only in a class setting on | ||||||
24 | the campus and, thereafter, the alcoholic liquor is | ||||||
25 | possessed and remains under the control of the instructor. | ||||||
26 | (i) A law enforcement officer may not charge or otherwise |
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1 | take a person into custody based solely on the commission of an | ||||||
2 | offense that involves alcohol and violates subsection (d) or | ||||||
3 | (e) of this Section if the law enforcement officer, after | ||||||
4 | making a reasonable determination and considering the facts and | ||||||
5 | surrounding circumstances, reasonably believes that all of the | ||||||
6 | following apply: | ||||||
7 | (1) The law enforcement officer has contact with the | ||||||
8 | person because that person either: | ||||||
9 | (A) requested emergency medical assistance for an | ||||||
10 | individual who reasonably appeared to be in need of | ||||||
11 | medical assistance due to alcohol consumption; or | ||||||
12 | (B) acted in concert with another person who | ||||||
13 | requested emergency medical assistance for an | ||||||
14 | individual who reasonably appeared to be in need of | ||||||
15 | medical assistance due to alcohol consumption; | ||||||
16 | however, the provisions of this subparagraph (B) shall | ||||||
17 | not apply to more than 3 persons acting in concert for | ||||||
18 | any one occurrence. | ||||||
19 | (2) The person described in subparagraph (A) or (B) of | ||||||
20 | paragraph (1) of this subsection (i): | ||||||
21 | (A) provided his or her full name and any other | ||||||
22 | relevant information requested by the law enforcement | ||||||
23 | officer; | ||||||
24 | (B) remained at the scene with the individual who | ||||||
25 | reasonably appeared to be in need of medical assistance | ||||||
26 | due to alcohol consumption until emergency medical |
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1 | assistance personnel arrived; and | ||||||
2 | (C) cooperated with emergency medical assistance | ||||||
3 | personnel and law enforcement officers at the scene. | ||||||
4 | (i-5) (1) In this subsection (i-5): | ||||||
5 | "Medical forensic services" has the meaning defined in | ||||||
6 | Section 1a of the Sexual Assault Survivors Emergency | ||||||
7 | Treatment Act. | ||||||
8 | "Sexual assault" means an act of sexual conduct or | ||||||
9 | sexual penetration, defined in Section 11-0.1 of the | ||||||
10 | Criminal Code of 2012, including, without limitation, acts | ||||||
11 | prohibited under Sections 11-1.20 through 11-1.60 of the | ||||||
12 | Criminal Code of 2012. | ||||||
13 | (2) A law enforcement officer may not charge or | ||||||
14 | otherwise take a person into custody based solely on the | ||||||
15 | commission of an offense that involves alcohol and violates | ||||||
16 | subsection (d) or (e) of this Section if the law | ||||||
17 | enforcement officer, after making a reasonable | ||||||
18 | determination and considering the facts and surrounding | ||||||
19 | circumstances, reasonably believes that all of the | ||||||
20 | following apply: | ||||||
21 | (A) The law enforcement officer has contact with | ||||||
22 | the person because the person: | ||||||
23 | (i) reported that he or she was sexually | ||||||
24 | assaulted; | ||||||
25 | (ii) reported a sexual assault of another | ||||||
26 | person or requested emergency medical assistance |
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1 | or medical forensic services for another person | ||||||
2 | who had been sexually assaulted; or | ||||||
3 | (iii) acted in concert with another person who | ||||||
4 | reported a sexual assault of another person or | ||||||
5 | requested emergency medical assistance or medical | ||||||
6 | forensic services for another person who had been | ||||||
7 | sexually assaulted; however, the provisions of | ||||||
8 | this item (iii) shall not apply to more than 3 | ||||||
9 | persons acting in concert for any one occurrence. | ||||||
10 | The report of a sexual assault may have been made to a | ||||||
11 | health care provider, to law enforcement, including the campus | ||||||
12 | police or security department of an institution of higher | ||||||
13 | education, or to the Title IX coordinator of an institution of | ||||||
14 | higher education or another employee of the institution | ||||||
15 | responsible for responding to reports of sexual assault under | ||||||
16 | State or federal law. | ||||||
17 | (B) The person who reports the sexual assault: | ||||||
18 | (i) provided his or her full name; | ||||||
19 | (ii) remained at the scene until emergency | ||||||
20 | medical assistance personnel arrived, if emergency | ||||||
21 | medical assistance was summoned for the person who | ||||||
22 | was sexually assaulted and he or she cooperated | ||||||
23 | with emergency medical assistance personnel; and | ||||||
24 | (iii) cooperated with the agency or person to | ||||||
25 | whom the sexual assault was reported if he or she | ||||||
26 | witnessed or reported the sexual assault of |
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1 | another person. | ||||||
2 | (j) A person who meets the criteria of paragraphs (1) and | ||||||
3 | (2) of subsection (i) of this Section or a person who meets the | ||||||
4 | criteria of paragraph (2) of subsection (i-5) of this Section | ||||||
5 | shall be immune from criminal liability for an offense under | ||||||
6 | subsection (d) or (e) of this Section. | ||||||
7 | (k) A person may not initiate an action against a law | ||||||
8 | enforcement officer based on the officer's compliance or | ||||||
9 | failure to comply with subsection (i) or (i-5) of this Section, | ||||||
10 | except for willful or wanton misconduct. | ||||||
11 | (Source: P.A. 99-447, eff. 6-1-16; 99-795, eff. 8-12-16.)
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12 | Section 15. The Sexual Assault Survivors Emergency | ||||||
13 | Treatment Act is amended by changing Section 5 as follows:
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14 | (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
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15 | Sec. 5. Minimum requirements for hospitals providing | ||||||
16 | hospital emergency services and forensic services
to sexual | ||||||
17 | assault survivors.
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18 | (a) Every hospital providing hospital emergency services | ||||||
19 | and forensic services to
sexual assault survivors under this | ||||||
20 | Act
shall, as minimum requirements for such services, provide, | ||||||
21 | with the consent
of the sexual assault survivor, and as ordered | ||||||
22 | by the attending
physician, an advanced practice registered | ||||||
23 | nurse, or a physician assistant, the following:
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24 | (1) appropriate medical examinations and laboratory
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1 | tests required to ensure the health, safety, and welfare
of | ||||||
2 | a sexual assault survivor or which may be
used as evidence | ||||||
3 | in a criminal proceeding against a person accused of the
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4 | sexual assault, or both; and records of the results of such | ||||||
5 | examinations
and tests shall be maintained by the hospital | ||||||
6 | and made available to law
enforcement officials upon the | ||||||
7 | request of the sexual assault survivor;
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8 | (2) appropriate oral and written information | ||||||
9 | concerning the possibility
of infection, sexually | ||||||
10 | transmitted disease and pregnancy
resulting from sexual | ||||||
11 | assault;
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12 | (3) appropriate oral and written information | ||||||
13 | concerning accepted medical
procedures, medication, and | ||||||
14 | possible contraindications of such medication
available | ||||||
15 | for the prevention or treatment of infection or disease | ||||||
16 | resulting
from sexual assault;
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17 | (3.5) after a medical evidentiary or physical | ||||||
18 | examination, access to a shower at no cost, unless | ||||||
19 | showering facilities are unavailable; | ||||||
20 | (4) an amount of medication for treatment at the | ||||||
21 | hospital and after discharge as is deemed appropriate by | ||||||
22 | the attending physician, an advanced practice registered | ||||||
23 | nurse, or a physician assistant and consistent with the | ||||||
24 | hospital's current approved protocol for sexual assault | ||||||
25 | survivors;
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26 | (5) an evaluation of the sexual assault survivor's risk |
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1 | of contracting human immunodeficiency virus (HIV) from the | ||||||
2 | sexual assault;
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3 | (6) written and oral instructions indicating the need | ||||||
4 | for follow-up examinations and laboratory tests after the | ||||||
5 | sexual assault to determine the presence or absence of
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6 | sexually transmitted disease;
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7 | (7) referral by hospital personnel for appropriate | ||||||
8 | counseling; and
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9 | (8) when HIV prophylaxis is deemed appropriate, an | ||||||
10 | initial dose or doses of HIV prophylaxis, along with | ||||||
11 | written and oral instructions indicating the importance of
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12 | timely follow-up healthcare.
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13 | (b) Any person who is a sexual assault survivor who seeks | ||||||
14 | emergency hospital services and forensic services or follow-up | ||||||
15 | healthcare
under this Act shall be provided such services | ||||||
16 | without the consent
of any parent, guardian, custodian, | ||||||
17 | surrogate, or agent.
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18 | (b-5) Every treating hospital providing hospital emergency | ||||||
19 | and forensic services to sexual assault survivors shall issue a | ||||||
20 | voucher to any sexual assault survivor who is eligible to | ||||||
21 | receive one. The hospital shall make a copy of the voucher and | ||||||
22 | place it in the medical record of the sexual assault survivor. | ||||||
23 | The hospital shall provide a copy of the voucher to the sexual | ||||||
24 | assault survivor after discharge upon request. | ||||||
25 | (c) Nothing in this Section creates a physician-patient | ||||||
26 | relationship that extends beyond discharge from the hospital |
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1 | emergency department.
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2 | (Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16; | ||||||
3 | 99-642, eff. 7-28-16; 100-513, eff. 1-1-18 .)
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4 | Section 20. The Criminal Code of 2012 is amended by | ||||||
5 | changing Section 3-6 as follows:
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6 | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
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7 | Sec. 3-6. Extended limitations. The period within which a | ||||||
8 | prosecution
must be commenced under the provisions of Section | ||||||
9 | 3-5 or other applicable
statute is extended under the following | ||||||
10 | conditions:
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11 | (a) A prosecution for theft involving a breach of a | ||||||
12 | fiduciary obligation
to the aggrieved person may be commenced | ||||||
13 | as follows:
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14 | (1) If the aggrieved person is a minor or a person | ||||||
15 | under legal disability,
then during the minority or legal | ||||||
16 | disability or within one year after the
termination | ||||||
17 | thereof.
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18 | (2) In any other instance, within one year after the | ||||||
19 | discovery of the
offense by an aggrieved person, or by a | ||||||
20 | person who has legal capacity to
represent an aggrieved | ||||||
21 | person or has a legal duty to report the offense,
and is | ||||||
22 | not himself or herself a party to the offense; or in the | ||||||
23 | absence of such
discovery, within one year after the proper | ||||||
24 | prosecuting officer becomes
aware of the offense. However, |
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1 | in no such case is the period of limitation
so extended | ||||||
2 | more than 3 years beyond the expiration of the period | ||||||
3 | otherwise
applicable.
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4 | (b) A prosecution for any offense based upon misconduct in | ||||||
5 | office by a
public officer or employee may be commenced within | ||||||
6 | one year after discovery
of the offense by a person having a | ||||||
7 | legal duty to report such offense, or
in the absence of such | ||||||
8 | discovery, within one year after the proper
prosecuting officer | ||||||
9 | becomes aware of the offense. However, in no such case
is the | ||||||
10 | period of limitation so extended more than 3 years beyond the
| ||||||
11 | expiration of the period otherwise applicable.
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12 | (b-5) When the victim is under 18 years of age at the time | ||||||
13 | of the offense, a prosecution for involuntary servitude, | ||||||
14 | involuntary sexual servitude of a minor, or trafficking in | ||||||
15 | persons and related offenses under Section 10-9 of this Code | ||||||
16 | may be commenced within 25 years of the victim attaining the | ||||||
17 | age of 18 years. | ||||||
18 | (c) (Blank).
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19 | (d) A prosecution for child pornography, aggravated child | ||||||
20 | pornography, indecent
solicitation of a
child, soliciting for a | ||||||
21 | juvenile prostitute, juvenile pimping,
exploitation of a | ||||||
22 | child, or promoting juvenile prostitution except for keeping a | ||||||
23 | place of juvenile prostitution may be commenced within one year | ||||||
24 | of the victim
attaining the age of 18 years. However, in no | ||||||
25 | such case shall the time
period for prosecution expire sooner | ||||||
26 | than 3 years after the commission of
the offense.
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1 | (e) Except as otherwise provided in subdivision (j), a | ||||||
2 | prosecution for
any offense involving sexual conduct or sexual
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3 | penetration, as defined in Section 11-0.1 of this Code, where | ||||||
4 | the defendant
was within a professional or fiduciary | ||||||
5 | relationship or a purported
professional or fiduciary | ||||||
6 | relationship with the victim at the
time of the commission of | ||||||
7 | the offense may be commenced within one year
after the | ||||||
8 | discovery of the offense by the victim.
| ||||||
9 | (f) A prosecution for any offense set forth in Section 44
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10 | of the " Environmental Protection Act ", approved June 29, 1970, | ||||||
11 | as amended,
may be commenced within 5 years after the discovery | ||||||
12 | of such
an offense by a person or agency having the legal duty | ||||||
13 | to report the
offense or in the absence of such discovery, | ||||||
14 | within 5 years
after the proper prosecuting officer becomes | ||||||
15 | aware of the offense.
| ||||||
16 | (f-5) A prosecution for any offense set forth in Section | ||||||
17 | 16-30 of this Code may be commenced within 5 years after the | ||||||
18 | discovery of the offense by the victim of that offense.
| ||||||
19 | (g) (Blank).
| ||||||
20 | (h) (Blank).
| ||||||
21 | (i) Except as otherwise provided in subdivision (j), a | ||||||
22 | prosecution for
criminal sexual assault, aggravated criminal
| ||||||
23 | sexual assault, or aggravated criminal sexual abuse may be | ||||||
24 | commenced within 10
years of the commission of the offense if | ||||||
25 | the victim reported the offense to
law enforcement authorities | ||||||
26 | within 3 years after the commission of the offense. If the |
| |||||||
| |||||||
1 | victim consented to the collection of evidence using an | ||||||
2 | Illinois State Police Sexual Assault Evidence Collection Kit | ||||||
3 | under the Sexual Assault Survivors Emergency Treatment Act, it | ||||||
4 | shall constitute reporting for purposes of this Section.
| ||||||
5 | Nothing in this subdivision (i) shall be construed to
| ||||||
6 | shorten a period within which a prosecution must be commenced | ||||||
7 | under any other
provision of this Section.
| ||||||
8 | (i-5) A prosecution for armed robbery, home invasion, | ||||||
9 | kidnapping, or aggravated kidnaping may be commenced within 10 | ||||||
10 | years of the commission of the offense if it arises out of the | ||||||
11 | same course of conduct and meets the criteria under one of the | ||||||
12 | offenses in subsection (i) of this Section. | ||||||
13 | (j) (1) When the victim is under 18 years of age at the | ||||||
14 | time of the offense, a
prosecution
for criminal sexual assault, | ||||||
15 | aggravated criminal sexual assault, predatory
criminal sexual | ||||||
16 | assault of a child, aggravated criminal sexual abuse, or felony | ||||||
17 | criminal sexual abuse may be commenced at any time. | ||||||
18 | (2) When the victim is under 18 years of age at the time of | ||||||
19 | the offense, a prosecution for failure of a person who is | ||||||
20 | required to report an alleged
or suspected commission of | ||||||
21 | criminal sexual assault, aggravated criminal sexual assault, | ||||||
22 | predatory criminal sexual assault of a child, aggravated | ||||||
23 | criminal sexual abuse, or felony criminal sexual abuse under | ||||||
24 | the Abused and Neglected
Child Reporting Act may be
commenced | ||||||
25 | within 20 years after the child victim attains 18
years of age. | ||||||
26 | (3) When the victim is under 18 years of age at the time of |
| |||||||
| |||||||
1 | the offense, a
prosecution
for misdemeanor criminal sexual | ||||||
2 | abuse may be
commenced within 10 years after the child victim | ||||||
3 | attains 18
years of age.
| ||||||
4 | (4) Nothing in this subdivision (j) shall be construed to
| ||||||
5 | shorten a period within which a prosecution must be commenced | ||||||
6 | under any other
provision of this Section.
| ||||||
7 | (j-5) A prosecution for armed robbery, home invasion, | ||||||
8 | kidnapping, or aggravated kidnaping may be commenced at any | ||||||
9 | time if it arises out of the same course of conduct and meets | ||||||
10 | the criteria under one of the offenses in subsection (j) of | ||||||
11 | this Section. | ||||||
12 | (k) (Blank).
| ||||||
13 | (l) A prosecution for any offense set forth in Section 26-4 | ||||||
14 | of this Code may be commenced within one year after the | ||||||
15 | discovery of the offense by the victim of that offense. | ||||||
16 | (m) The prosecution shall not be required to prove at trial | ||||||
17 | facts which extend the general limitations in Section 3-5 of | ||||||
18 | this Code when the facts supporting extension of the period of | ||||||
19 | general limitations are properly pled in the charging document. | ||||||
20 | Any challenge relating to the extension of the general | ||||||
21 | limitations period as defined in this Section shall be | ||||||
22 | exclusively conducted under Section 114-1 of the Code of | ||||||
23 | Criminal Procedure of 1963. | ||||||
24 | (Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16; | ||||||
25 | 100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff. | ||||||
26 | 1-1-18; revised 10-5-17.)
|
| |||||||
| |||||||
1 | Section 25. The Illinois Controlled Substances Act is | ||||||
2 | amended by adding Section 415 as follows:
| ||||||
3 | (720 ILCS 570/415 new) | ||||||
4 | Sec. 415. Use, possession, and consumption of a controlled | ||||||
5 | substance related to sexual assault; limited immunity from | ||||||
6 | prosecution. | ||||||
7 | (a) In this Section: | ||||||
8 | "Medical forensic services" has the meaning defined in | ||||||
9 | Section 1a of the Sexual Assault Survivors Emergency | ||||||
10 | Treatment Act. | ||||||
11 | "Sexual assault" means an act of sexual conduct or | ||||||
12 | sexual penetration, defined in Section 11-0.1 of the | ||||||
13 | Criminal Code of 2012, including, without limitation, acts | ||||||
14 | prohibited under Sections 11-1.20 through 11-1.60 of the | ||||||
15 | Criminal Code of 2012. | ||||||
16 | (b) A person who is a victim of a sexual assault shall not | ||||||
17 | be charged or prosecuted for Class 4 felony possession of a | ||||||
18 | controlled, counterfeit, or look-alike substance or a | ||||||
19 | controlled substance analog: | ||||||
20 | (1) if evidence for the Class 4 felony possession | ||||||
21 | charge was acquired as a result of the person reporting the | ||||||
22 | sexual assault to law enforcement, or seeking or obtaining | ||||||
23 | emergency medical assistance or medical forensic services; | ||||||
24 | and |
| |||||||
| |||||||
1 | (2) provided the amount of substance recovered is | ||||||
2 | within the amount identified in subsection (d) of this | ||||||
3 | Section. | ||||||
4 | (c) A person who, in good faith, reports to law enforcement | ||||||
5 | the commission of a sexual assault against another person or | ||||||
6 | seeks or obtains emergency medical assistance or medical | ||||||
7 | forensic services for a victim of sexual assault shall not be | ||||||
8 | charged or prosecuted for Class 4 felony possession of a | ||||||
9 | controlled, counterfeit, or look-alike substance or a | ||||||
10 | controlled substance analog: | ||||||
11 | (1) if evidence for the Class 4 felony possession | ||||||
12 | charge was acquired as a result of the person seeking or | ||||||
13 | obtaining emergency medical assistance or medical forensic | ||||||
14 | services; and | ||||||
15 | (2) provided the amount of substance recovered is | ||||||
16 | within the amount identified in subsection (d) of this | ||||||
17 | Section. | ||||||
18 | (d) For the purposes of subsections (b) and (c) of this | ||||||
19 | Section, the limited immunity shall only apply to a person | ||||||
20 | possessing the following amount: | ||||||
21 | (1) less than 3 grams of a substance containing heroin; | ||||||
22 | (2) less than 3 grams of a substance containing | ||||||
23 | cocaine; | ||||||
24 | (3) less than 3 grams of a substance containing | ||||||
25 | morphine; | ||||||
26 | (4) less than 40 grams of a substance containing |
| |||||||
| |||||||
1 | peyote; | ||||||
2 | (5) less than 40 grams of a substance containing a | ||||||
3 | derivative of barbituric acid or any of the salts of a | ||||||
4 | derivative of barbituric acid; | ||||||
5 | (6) less than 40 grams of a substance containing | ||||||
6 | amphetamine or any salt of an optical isomer of | ||||||
7 | amphetamine; | ||||||
8 | (7) less than 3 grams of a substance containing | ||||||
9 | lysergic acid diethylamide (LSD), or an analog thereof; | ||||||
10 | (8) less than 6 grams of a substance containing | ||||||
11 | pentazocine or any of the salts, isomers and salts of | ||||||
12 | isomers of pentazocine, or an analog thereof; | ||||||
13 | (9) less than 6 grams of a substance containing | ||||||
14 | methaqualone or any of the salts, isomers and salts of | ||||||
15 | isomers of methaqualone; | ||||||
16 | (10) less than 6 grams of a substance containing | ||||||
17 | phencyclidine or any of the salts, isomers and salts of | ||||||
18 | isomers of phencyclidine (PCP); | ||||||
19 | (11) less than 6 grams of a substance containing | ||||||
20 | ketamine or any of the salts, isomers and salts of isomers | ||||||
21 | of ketamine; or | ||||||
22 | (12) less than 40 grams of a substance containing a | ||||||
23 | substance classified as a narcotic drug in Schedules I or | ||||||
24 | II, or an analog thereof, which is not otherwise included | ||||||
25 | in this subsection (d). | ||||||
26 | (e) The limited immunity described in subsections (b) and |
| |||||||
| |||||||
1 | (c) of this Section shall not be extended if law enforcement | ||||||
2 | has reasonable suspicion or probable cause to detain, arrest, | ||||||
3 | or search the person described in subsection (b) or (c) of this | ||||||
4 | Section for criminal activity and the reasonable suspicion or | ||||||
5 | probable cause is based on information obtained prior to or | ||||||
6 | independent of the person described in subsection (b) or (c) of | ||||||
7 | this Section taking action to report a sexual assault to law | ||||||
8 | enforcement or to seek or obtain emergency medical assistance | ||||||
9 | or medical forensic services and not obtained as a direct | ||||||
10 | result of the action of seeking or obtaining emergency medical | ||||||
11 | assistance or medical forensic services. Nothing in this | ||||||
12 | Section is intended to interfere with or prevent the | ||||||
13 | investigation, arrest, or prosecution of any person for the | ||||||
14 | delivery or distribution of cannabis, methamphetamine, or | ||||||
15 | other controlled substances, drug-induced homicide, or any | ||||||
16 | other crime.
| ||||||
17 | Section 30. The Rights of Crime Victims and Witnesses Act | ||||||
18 | is amended by changing Section 4 and by adding Section 4.6 as | ||||||
19 | follows:
| ||||||
20 | (725 ILCS 120/4) (from Ch. 38, par. 1404)
| ||||||
21 | Sec. 4. Rights of crime victims.
| ||||||
22 | (a) Crime victims shall have the following rights:
| ||||||
23 | (1) The right to be treated with fairness and respect | ||||||
24 | for their dignity
and privacy and to be free from |
| |||||||
| |||||||
1 | harassment, intimidation, and abuse throughout the | ||||||
2 | criminal justice process.
| ||||||
3 | (1.5) The right to notice and to a hearing before a | ||||||
4 | court ruling on a request for access to any of the victim's | ||||||
5 | records, information, or communications which are | ||||||
6 | privileged or confidential by law. | ||||||
7 | (2) The right to timely notification of all court | ||||||
8 | proceedings.
| ||||||
9 | (3) The right to communicate with the prosecution.
| ||||||
10 | (4) The right to be heard at any post-arraignment court | ||||||
11 | proceeding in which a right of the victim is at issue and | ||||||
12 | any court proceeding involving a post-arraignment release | ||||||
13 | decision, plea, or sentencing.
| ||||||
14 | (5) The right to be notified of the conviction, the | ||||||
15 | sentence, the imprisonment
and the release of the accused.
| ||||||
16 | (6) The right to the timely disposition of the case | ||||||
17 | following the arrest
of the accused.
| ||||||
18 | (7) The right to be reasonably protected from the | ||||||
19 | accused through the
criminal justice process.
| ||||||
20 | (7.5) The right to have the safety of the victim and | ||||||
21 | the victim's family considered in denying or fixing the | ||||||
22 | amount of bail, determining whether to release the | ||||||
23 | defendant, and setting conditions of release after arrest | ||||||
24 | and conviction. | ||||||
25 | (8) The right to be present at the trial and all other | ||||||
26 | court proceedings
on the same basis as the accused, unless |
| |||||||
| |||||||
1 | the victim is to testify and the court
determines that the | ||||||
2 | victim's testimony would be materially affected if the
| ||||||
3 | victim hears other testimony at the trial.
| ||||||
4 | (9) The right to have present at all court proceedings, | ||||||
5 | including proceedings under the Juvenile Court Act of 1987, | ||||||
6 | subject to the
rules of evidence, an advocate and other | ||||||
7 | support person of the victim's choice.
| ||||||
8 | (10) The right to restitution.
| ||||||
9 | (b) Any law enforcement agency that investigates an offense | ||||||
10 | committed in this State shall provide a crime victim with a | ||||||
11 | written statement and explanation of the rights of crime | ||||||
12 | victims under this amendatory Act of the 99th General Assembly | ||||||
13 | within 48 hours of law enforcement's initial contact with a | ||||||
14 | victim. The statement shall include information about crime | ||||||
15 | victim compensation, including how to contact the Office of the | ||||||
16 | Illinois Attorney General to file a claim, and appropriate | ||||||
17 | referrals to local and State programs that provide victim | ||||||
18 | services. The content of the statement shall be provided to law | ||||||
19 | enforcement by the Attorney General. Law enforcement shall also | ||||||
20 | provide a crime victim with a sign-off sheet that the victim | ||||||
21 | shall sign and date as an acknowledgement that he or she has | ||||||
22 | been furnished with information and an explanation of the | ||||||
23 | rights of crime victims and compensation set forth in this Act. | ||||||
24 | (b-5) Upon the request of the victim, the law enforcement | ||||||
25 | agency having jurisdiction shall provide a free copy of the | ||||||
26 | police report concerning the victim's incident, as soon as |
| |||||||
| |||||||
1 | practicable, but in no event later than 5 business days from | ||||||
2 | the request. | ||||||
3 | (c) The Clerk of the Circuit Court shall post the rights of | ||||||
4 | crime victims set forth in Article I, Section 8.1(a) of the | ||||||
5 | Illinois Constitution and subsection (a) of this Section within | ||||||
6 | 3 feet of the door to any courtroom where criminal proceedings | ||||||
7 | are conducted. The clerk may also post the rights in other | ||||||
8 | locations in the courthouse. | ||||||
9 | (d) At any point, the victim has the right to retain a | ||||||
10 | victim's attorney who may be present during all stages of any | ||||||
11 | interview, investigation, or other interaction with | ||||||
12 | representatives of the criminal justice system. Treatment of | ||||||
13 | the victim should not be affected or altered in any way as a | ||||||
14 | result of the victim's decision to exercise this right.
| ||||||
15 | (Source: P.A. 99-413, eff. 8-20-15.)
| ||||||
16 | (725 ILCS 120/4.6 new) | ||||||
17 | Sec. 4.6. Advocates; support person. | ||||||
18 | (a) A crime victim has a right to have an advocate present | ||||||
19 | during any medical evidentiary or physical examination, unless | ||||||
20 | no advocate can be summoned in a reasonably timely manner. The | ||||||
21 | victim also has the right to have an additional person present | ||||||
22 | for support during any medical evidentiary or physical | ||||||
23 | examination. | ||||||
24 | (b) A victim retains the rights prescribed in subsection | ||||||
25 | (a) of this Section even if the victim has waived these rights |
| |||||||
| |||||||
1 | in a previous examination.
| ||||||
2 | Section 35. The Sexual Assault Incident Procedure Act is | ||||||
3 | amended by changing Section 25 as follows:
| ||||||
4 | (725 ILCS 203/25)
| ||||||
5 | Sec. 25. Report; victim notice. | ||||||
6 | (a) At the time of first contact with the victim, law | ||||||
7 | enforcement shall: | ||||||
8 | (1) Advise the victim about the following by providing | ||||||
9 | a form, the contents of which shall be prepared by the | ||||||
10 | Office of the Attorney General and posted on its website, | ||||||
11 | written in a language appropriate for the victim or in | ||||||
12 | Braille, or communicating in appropriate sign language | ||||||
13 | that includes, but is not limited to: | ||||||
14 | (A) information about seeking medical attention | ||||||
15 | and preserving evidence, including specifically, | ||||||
16 | collection of evidence during a medical forensic | ||||||
17 | examination at a hospital and photographs of injury and | ||||||
18 | clothing; | ||||||
19 | (B) notice that the victim will not be charged for | ||||||
20 | hospital emergency and medical forensic services; | ||||||
21 | (C) information advising the victim that evidence | ||||||
22 | can be collected at the hospital up to 7 days after the | ||||||
23 | sexual assault or sexual abuse but that the longer the | ||||||
24 | victim waits the likelihood of obtaining evidence |
| |||||||
| |||||||
1 | decreases; | ||||||
2 | (C-5) notice that the sexual assault forensic | ||||||
3 | evidence collected will not be used to prosecute the | ||||||
4 | victim for any offense related to the use of alcohol, | ||||||
5 | cannabis, or a controlled substance; | ||||||
6 | (D) the location of nearby hospitals that provide | ||||||
7 | emergency medical and forensic services and, if known, | ||||||
8 | whether the hospitals employ any sexual assault nurse | ||||||
9 | examiners; | ||||||
10 | (E) a summary of the procedures and relief | ||||||
11 | available to victims of sexual assault or sexual abuse | ||||||
12 | under the Civil No Contact Order Act or the Illinois | ||||||
13 | Domestic Violence Act of 1986; | ||||||
14 | (F) the law enforcement officer's name and badge | ||||||
15 | number; | ||||||
16 | (G) at least one referral to an accessible service | ||||||
17 | agency and information advising the victim that rape | ||||||
18 | crisis centers can assist with obtaining civil no | ||||||
19 | contact orders and orders of protection; and | ||||||
20 | (H) if the sexual assault or sexual abuse occurred | ||||||
21 | in another jurisdiction, provide in writing the | ||||||
22 | address and phone number of a specific contact at the | ||||||
23 | law enforcement agency having jurisdiction. | ||||||
24 | (2) Offer to provide or arrange accessible | ||||||
25 | transportation for the victim to a hospital for emergency | ||||||
26 | and forensic services, including contacting emergency |
| |||||||
| |||||||
1 | medical services. | ||||||
2 | (3) Offer to provide or arrange accessible | ||||||
3 | transportation for the victim to the nearest available | ||||||
4 | circuit judge or associate judge so the victim may file a | ||||||
5 | petition for an emergency civil no contact order under the | ||||||
6 | Civil No Contact Order Act or an order of protection under | ||||||
7 | the Illinois Domestic Violence Act of 1986 after the close | ||||||
8 | of court business hours, if a judge is available. | ||||||
9 | (b) At the time of the initial contact with a person making | ||||||
10 | a third-party report under Section 22 of this Act, a law | ||||||
11 | enforcement officer shall provide the written information | ||||||
12 | prescribed under paragraph (1) of subsection (a) of this | ||||||
13 | Section to the person making the report and request the person | ||||||
14 | provide the written information to the victim of the sexual | ||||||
15 | assault or sexual abuse. | ||||||
16 | (c) If the first contact with the victim occurs at a | ||||||
17 | hospital, a law enforcement officer may request the hospital | ||||||
18 | provide interpretive services.
|