Bill Text: IL SB3404 | 2017-2018 | 100th General Assembly | Chaptered


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-Chaptered.html



Public Act 100-1087
SB3404 EnrolledLRB100 19981 MRW 35262 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Preventing Sexual Violence in Higher
Education Act is amended by changing Section 10 as follows:
(110 ILCS 155/10)
Sec. 10. Comprehensive policy. On or before August 1, 2016,
all higher education institutions shall adopt a comprehensive
policy concerning sexual violence, domestic violence, dating
violence, and stalking consistent with governing federal and
State law. The higher education institution's comprehensive
policy shall include, at a minimum, all of the following
components:
(1) A definition of consent that, at a minimum,
recognizes that (i) consent is a freely given agreement to
sexual activity, (ii) a person's lack of verbal or physical
resistance or submission resulting from the use or threat
of force does not constitute consent, (iii) a person's
manner of dress does not constitute consent, (iv) a
person's consent to past sexual activity does not
constitute consent to future sexual activity, (v) a
person's consent to engage in sexual activity with one
person does not constitute consent to engage in sexual
activity with another, (vi) a person can withdraw consent
at any time, and (vii) a person cannot consent to sexual
activity if that person is unable to understand the nature
of the activity or give knowing consent due to
circumstances, including without limitation the following:
(A) the person is incapacitated due to the use or
influence of alcohol or drugs;
(B) the person is asleep or unconscious;
(C) the person is under age; or
(D) the person is incapacitated due to a mental
disability.
Nothing in this Section prevents a higher education
institution from defining consent in a more demanding
manner.
(2) Procedures that students of the higher education
institution may follow if they choose to report an alleged
violation of the comprehensive policy, regardless of where
the incident of sexual violence, domestic violence, dating
violence, or stalking occurred, including all of the
following:
(A) Name and contact information for the Title IX
coordinator, campus law enforcement or security, local
law enforcement, and the community-based sexual
assault crisis center.
(B) The name, title, and contact information for
confidential advisors and other confidential resources
and a description of what confidential reporting
means.
(C) Information regarding the various individuals,
departments, or organizations to whom a student may
report a violation of the comprehensive policy,
specifying for each individual and entity (i) the
extent of the individual's or entity's reporting
obligation, (ii) the extent of the individual's or
entity's ability to protect the student's privacy, and
(iii) the extent of the individual's or entity's
ability to have confidential communications with the
student.
(D) An option for students to electronically
report.
(E) An option for students to anonymously report.
(F) An option for students to confidentially
report.
(G) An option for reports by third parties and
bystanders.
(3) The higher education institution's procedure for
responding to a report of an alleged incident of sexual
violence, domestic violence, dating violence, or stalking,
including without limitation (i) assisting and
interviewing the survivor, (ii) identifying and locating
witnesses, (iii) contacting and interviewing the
respondent, (iv) contacting and cooperating with law
enforcement, when applicable, and (v) providing
information regarding the importance of preserving
physical evidence of the sexual violence and the
availability of a medical forensic examination at no charge
to the survivor.
(4) A statement of the higher education institution's
obligation to provide survivors with concise information,
written in plain language, concerning the survivor's
rights and options, upon receiving a report of an alleged
violation of the comprehensive policy, as described in
Section 15 of this Act.
(5) The name, address, and telephone number of the
medical facility nearest to each campus of the higher
education institution where a survivor may have a medical
forensic examination completed at no cost to the survivor,
pursuant to the Sexual Assault Survivors Emergency
Treatment Act.
(6) The name, telephone number, address, and website
URL, if available, of community-based, State, and national
sexual assault crisis centers.
(7) A statement notifying survivors of the interim
protective measures and accommodations reasonably
available from the higher education institution that a
survivor may request in response to an alleged violation of
the comprehensive policy, including without limitation
changes to academic, living, dining, transportation, and
working situations, obtaining and enforcing campus no
contact orders, and honoring an order of protection or no
contact order entered by a State civil or criminal court.
(8) The higher education institution's complaint
resolution procedures if a student alleges violation of the
comprehensive violence policy, including, at a minimum,
the guidelines set forth in Section 25 of this Act.
(9) A statement of the range of sanctions the higher
education institution may impose following the
implementation of its complaint resolution procedures in
response to an alleged violation of the comprehensive
policy. Sanctions may include, but are not limited to,
suspension, expulsion, or removal of the student found,
after complaint resolution procedures, to be in violation
of the comprehensive policy of the higher education
institution.
(10) A statement of the higher education institution's
obligation to include an amnesty provision that provides
immunity to any student who reports, in good faith, an
alleged violation of the higher education institution's
comprehensive policy to a responsible employee, as defined
by federal law, so that the reporting student will not
receive a disciplinary sanction by the institution for a
student conduct violation, such as underage drinking or
possession or use of a controlled substance, that is
revealed in the course of such a report, unless the
institution determines that the violation was egregious,
including without limitation an action that places the
health or safety of any other person at risk.
(11) A statement of the higher education institution's
prohibition on retaliation against those who, in good
faith, report or disclose an alleged violation of the
comprehensive policy, file a complaint, or otherwise
participate in the complaint resolution procedure and
available sanctions for individuals who engage in
retaliatory conduct.
(Source: P.A. 99-426, eff. 8-21-15; 99-741, eff. 8-5-16.)
Section 10. The Liquor Control Act of 1934 is amended by
changing Section 6-20 as follows:
(235 ILCS 5/6-20) (from Ch. 43, par. 134a)
Sec. 6-20. Transfer, possession, and consumption of
alcoholic liquor; restrictions.
(a) Any person to whom the sale, gift or delivery of any
alcoholic liquor is prohibited because of age shall not
purchase, or accept a gift of such alcoholic liquor or have
such alcoholic liquor in his possession.
(b) If a licensee or his or her agents or employees
believes or has reason to believe that a sale or delivery of
any alcoholic liquor is prohibited because of the non-age of
the prospective recipient, he or she shall, before making such
sale or delivery demand presentation of some form of positive
identification, containing proof of age, issued by a public
officer in the performance of his or her official duties.
(c) No person shall transfer, alter, or deface such an
identification card; use the identification card of another;
carry or use a false or forged identification card; or obtain
an identification card by means of false information.
(d) No person shall purchase, accept delivery or have
possession of alcoholic liquor in violation of this Section.
(e) The consumption of alcoholic liquor by any person under
21 years of age is forbidden.
(f) Whoever violates any provisions of this Section shall
be guilty of a Class A misdemeanor.
(g) The possession and dispensing, or consumption by a
person under 21 years of age of alcoholic liquor in the
performance of a religious service or ceremony, or the
consumption by a person under 21 years of age under the direct
supervision and approval of the parents or parent or those
persons standing in loco parentis of such person under 21 years
of age in the privacy of a home, is not prohibited by this Act.
(h) The provisions of this Act prohibiting the possession
of alcoholic liquor by a person under 21 years of age and
dispensing of alcoholic liquor to a person under 21 years of
age do not apply in the case of a student under 21 years of age,
but 18 years of age or older, who:
(1) tastes, but does not imbibe, alcoholic liquor only
during times of a regularly scheduled course while under
the direct supervision of an instructor who is at least 21
years of age and employed by an educational institution
described in subdivision (2);
(2) is enrolled as a student in a college, university,
or post-secondary educational institution that is
accredited or certified by an agency recognized by the
United States Department of Education or a nationally
recognized accrediting agency or association, or that has a
permit of approval issued by the Board of Higher Education
pursuant to the Private Business and Vocational Schools Act
of 2012;
(3) is participating in a culinary arts, fermentation
science, food service, or restaurant management degree
program of which a portion of the program includes
instruction on responsible alcoholic beverage serving
methods modeled after the Beverage Alcohol Sellers and
Server Education and Training (BASSET) curriculum; and
(4) tastes, but does not imbibe, alcoholic liquor for
instructional purposes up to, but not exceeding, 6 times
per class as a part of a required course in which the
student temporarily possesses alcoholic liquor for
tasting, not imbibing, purposes only in a class setting on
the campus and, thereafter, the alcoholic liquor is
possessed and remains under the control of the instructor.
(i) A law enforcement officer may not charge or otherwise
take a person into custody based solely on the commission of an
offense that involves alcohol and violates subsection (d) or
(e) of this Section if the law enforcement officer, after
making a reasonable determination and considering the facts and
surrounding circumstances, reasonably believes that all of the
following apply:
(1) The law enforcement officer has contact with the
person because that person either:
(A) requested emergency medical assistance for an
individual who reasonably appeared to be in need of
medical assistance due to alcohol consumption; or
(B) acted in concert with another person who
requested emergency medical assistance for an
individual who reasonably appeared to be in need of
medical assistance due to alcohol consumption;
however, the provisions of this subparagraph (B) shall
not apply to more than 3 persons acting in concert for
any one occurrence.
(2) The person described in subparagraph (A) or (B) of
paragraph (1) of this subsection (i):
(A) provided his or her full name and any other
relevant information requested by the law enforcement
officer;
(B) remained at the scene with the individual who
reasonably appeared to be in need of medical assistance
due to alcohol consumption until emergency medical
assistance personnel arrived; and
(C) cooperated with emergency medical assistance
personnel and law enforcement officers at the scene.
(i-5) (1) In this subsection (i-5):
"Medical forensic services" has the meaning defined in
Section 1a of the Sexual Assault Survivors Emergency
Treatment Act.
"Sexual assault" means an act of sexual conduct or
sexual penetration, defined in Section 11-0.1 of the
Criminal Code of 2012, including, without limitation, acts
prohibited under Sections 11-1.20 through 11-1.60 of the
Criminal Code of 2012.
(2) A law enforcement officer may not charge or
otherwise take a person into custody based solely on the
commission of an offense that involves alcohol and violates
subsection (d) or (e) of this Section if the law
enforcement officer, after making a reasonable
determination and considering the facts and surrounding
circumstances, reasonably believes that all of the
following apply:
(A) The law enforcement officer has contact with
the person because the person:
(i) reported that he or she was sexually
assaulted;
(ii) reported a sexual assault of another
person or requested emergency medical assistance
or medical forensic services for another person
who had been sexually assaulted; or
(iii) acted in concert with another person who
reported a sexual assault of another person or
requested emergency medical assistance or medical
forensic services for another person who had been
sexually assaulted; however, the provisions of
this item (iii) shall not apply to more than 3
persons acting in concert for any one occurrence.
The report of a sexual assault may have been made to a
health care provider, to law enforcement, including the campus
police or security department of an institution of higher
education, or to the Title IX coordinator of an institution of
higher education or another employee of the institution
responsible for responding to reports of sexual assault under
State or federal law.
(B) The person who reports the sexual assault:
(i) provided his or her full name;
(ii) remained at the scene until emergency
medical assistance personnel arrived, if emergency
medical assistance was summoned for the person who
was sexually assaulted and he or she cooperated
with emergency medical assistance personnel; and
(iii) cooperated with the agency or person to
whom the sexual assault was reported if he or she
witnessed or reported the sexual assault of
another person.
(j) A person who meets the criteria of paragraphs (1) and
(2) of subsection (i) of this Section or a person who meets the
criteria of paragraph (2) of subsection (i-5) of this Section
shall be immune from criminal liability for an offense under
subsection (d) or (e) of this Section.
(k) A person may not initiate an action against a law
enforcement officer based on the officer's compliance or
failure to comply with subsection (i) or (i-5) of this Section,
except for willful or wanton misconduct.
(Source: P.A. 99-447, eff. 6-1-16; 99-795, eff. 8-12-16.)
Section 15. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Sections 5 and 6.5 as
follows:
(410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
Sec. 5. Minimum requirements for hospitals providing
hospital emergency services and forensic services to sexual
assault survivors.
(a) Every hospital providing hospital emergency services
and 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 following:
(1) appropriate medical examinations and laboratory
tests required to ensure the health, safety, and welfare of
a sexual assault survivor or which may be used as evidence
in a criminal proceeding against a person accused of the
sexual assault, or both; and records of the results of such
examinations and tests shall be maintained by the hospital
and made available to law enforcement officials upon the
request of the sexual assault survivor;
(2) appropriate oral and written information
concerning the possibility of infection, sexually
transmitted disease and pregnancy resulting from sexual
assault;
(3) appropriate oral and written information
concerning accepted medical procedures, 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 for treatment at the
hospital and after discharge as is deemed appropriate by
the attending physician, an advanced practice registered
nurse, or a physician assistant and consistent with the
hospital's current approved protocol for sexual assault
survivors;
(5) an evaluation of the sexual assault survivor's risk
of contracting human immunodeficiency virus (HIV) from the
sexual assault;
(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 disease;
(7) referral by hospital personnel for appropriate
counseling; and
(8) when HIV prophylaxis is deemed appropriate, an
initial dose or doses of HIV prophylaxis, along with
written and oral instructions indicating the importance of
timely follow-up healthcare.
(b) Any person who is a sexual assault survivor who seeks
emergency hospital services and 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.
(b-5) Every treating hospital providing hospital emergency
and forensic services to sexual assault survivors shall issue a
voucher to any sexual assault survivor who is eligible to
receive one. 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
emergency department.
(Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16;
99-642, eff. 7-28-16; 100-513, eff. 1-1-18.)
(410 ILCS 70/6.5)
Sec. 6.5. Written consent to the release of sexual assault
evidence for testing.
(a) Upon the completion of hospital emergency services and
forensic services, the health care professional providing the
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. The written consent shall
be on a form included in the sexual assault evidence collection
kit and 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
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, including any
physician, advanced practice registered nurse, physician
assistant, or nurse, sexual assault nurse examiner, and any
health care institution, including any hospital, 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 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 test
the sexual assault evidence is not signed at the completion of
hospital emergency services and forensic services, the
hospital shall include the following information in its
discharge instructions:
(1) the sexual assault evidence will be stored for 10 5
years from the completion of an Illinois State Police
Sexual Assault Evidence Collection Kit, or 10 5 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 5-year period for an adult
victim, or until a minor victim turns 28 23 years of age by
(A) contacting the law enforcement agency having
jurisdiction, or if unknown, the law enforcement agency
contacted by the hospital 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 under Section 3.2 of the
Criminal Identification Act; and
(4) the name and phone number of a local rape crisis
center.
(Source: P.A. 99-801, eff. 1-1-17; 100-513, eff. 1-1-18.)
Section 20. The Criminal Code of 2012 is amended by
changing Section 3-6 as follows:
(720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
Sec. 3-6. Extended limitations. The period within which a
prosecution must be commenced under the provisions of Section
3-5 or other applicable statute is extended under the following
conditions:
(a) A prosecution for theft involving a breach of a
fiduciary obligation to the aggrieved person may be commenced
as follows:
(1) If the aggrieved person is a minor or a person
under legal disability, then during the minority or legal
disability or within one year after the termination
thereof.
(2) In any other instance, within one year after the
discovery of the offense by an aggrieved person, or by a
person who has legal capacity to represent an aggrieved
person or has a legal duty to report the offense, and is
not himself or herself a party to the offense; or in the
absence of such discovery, within one year after the proper
prosecuting officer becomes aware of the offense. However,
in no such case is the period of limitation so extended
more than 3 years beyond the expiration of the period
otherwise applicable.
(b) A prosecution for any offense based upon misconduct in
office by a public officer or employee may be commenced within
one year after discovery of the offense by a person having a
legal duty to report such offense, or in the absence of such
discovery, within one year after the proper prosecuting officer
becomes aware of the offense. However, in no such case is the
period of limitation so extended more than 3 years beyond the
expiration of the period otherwise applicable.
(b-5) When the victim is under 18 years of age at the time
of the offense, a prosecution for involuntary servitude,
involuntary sexual servitude of a minor, or trafficking in
persons and related offenses under Section 10-9 of this Code
may be commenced within 25 years of the victim attaining the
age of 18 years.
(c) (Blank).
(d) A prosecution for child pornography, aggravated child
pornography, indecent solicitation of a child, soliciting for a
juvenile prostitute, juvenile pimping, exploitation of a
child, or promoting juvenile prostitution except for keeping a
place of juvenile prostitution may be commenced within one year
of the victim attaining the age of 18 years. However, in no
such case shall the time period for prosecution expire sooner
than 3 years after the commission of the offense.
(e) Except as otherwise provided in subdivision (j), a
prosecution for any offense involving sexual conduct or sexual
penetration, as defined in Section 11-0.1 of this Code, where
the defendant was within a professional or fiduciary
relationship or a purported professional or fiduciary
relationship with the victim at the time of the commission of
the offense may be commenced within one year after the
discovery of the offense by the victim.
(f) A prosecution for any offense set forth in Section 44
of the "Environmental Protection Act", approved June 29, 1970,
as amended, may be commenced within 5 years after the discovery
of such an offense by a person or agency having the legal duty
to report the offense or in the absence of such discovery,
within 5 years after the proper prosecuting officer becomes
aware of the offense.
(f-5) A prosecution for any offense set forth in Section
16-30 of this Code may be commenced within 5 years after the
discovery of the offense by the victim of that offense.
(g) (Blank).
(h) (Blank).
(i) Except as otherwise provided in subdivision (j), a
prosecution for criminal sexual assault, aggravated criminal
sexual assault, or aggravated criminal sexual abuse may be
commenced within 10 years of the commission of the offense if
the victim reported the offense to law enforcement authorities
within 3 years after the commission of the offense. If the
victim consented to the collection of evidence using an
Illinois State Police Sexual Assault Evidence Collection Kit
under the Sexual Assault Survivors Emergency Treatment Act, it
shall constitute reporting for purposes of this Section.
Nothing in this subdivision (i) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
(i-5) A prosecution for armed robbery, home invasion,
kidnapping, or aggravated kidnaping may be commenced within 10
years of the commission of the offense if it arises out of the
same course of conduct and meets the criteria under one of the
offenses in subsection (i) of this Section.
(j) (1) When the victim is under 18 years of age at the
time of the offense, a prosecution for criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, aggravated criminal sexual abuse, or felony
criminal sexual abuse may be commenced at any time.
(2) When the victim is under 18 years of age at the time of
the offense, a prosecution for failure of a person who is
required to report an alleged or suspected commission of
criminal sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, aggravated
criminal sexual abuse, or felony criminal sexual abuse under
the Abused and Neglected Child Reporting Act may be commenced
within 20 years after the child victim attains 18 years of age.
(3) When the victim is under 18 years of age at the time of
the offense, a prosecution for misdemeanor criminal sexual
abuse may be commenced within 10 years after the child victim
attains 18 years of age.
(4) Nothing in this subdivision (j) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
(j-5) A prosecution for armed robbery, home invasion,
kidnapping, or aggravated kidnaping may be commenced at any
time if it arises out of the same course of conduct and meets
the criteria under one of the offenses in subsection (j) of
this Section.
(k) (Blank).
(l) A prosecution for any offense set forth in Section 26-4
of this Code may be commenced within one year after the
discovery of the offense by the victim of that offense.
(m) The prosecution shall not be required to prove at trial
facts which extend the general limitations in Section 3-5 of
this Code when the facts supporting extension of the period of
general limitations are properly pled in the charging document.
Any challenge relating to the extension of the general
limitations period as defined in this Section shall be
exclusively conducted under Section 114-1 of the Code of
Criminal Procedure of 1963.
(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16;
100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff.
1-1-18; revised 10-5-17.)
Section 25. The Illinois Controlled Substances Act is
amended by adding Section 415 as follows:
(720 ILCS 570/415 new)
Sec. 415. Use, possession, and consumption of a controlled
substance related to sexual assault; limited immunity from
prosecution.
(a) In this Section:
"Medical forensic services" has the meaning defined in
Section 1a of the Sexual Assault Survivors Emergency
Treatment Act.
"Sexual assault" means an act of sexual conduct or
sexual penetration, defined in Section 11-0.1 of the
Criminal Code of 2012, including, without limitation, acts
prohibited under Sections 11-1.20 through 11-1.60 of the
Criminal Code of 2012.
(b) A person who is a victim of a sexual assault shall not
be charged or prosecuted for Class 4 felony possession of a
controlled, counterfeit, or look-alike substance or a
controlled substance analog:
(1) if evidence for the Class 4 felony possession
charge was acquired as a result of the person reporting the
sexual assault to law enforcement, or seeking or obtaining
emergency medical assistance or medical forensic services;
and
(2) provided the amount of substance recovered is
within the amount identified in subsection (d) of this
Section.
(c) A person who, in good faith, reports to law enforcement
the commission of a sexual assault against another person or
seeks or obtains emergency medical assistance or medical
forensic services for a victim of sexual assault shall not be
charged or prosecuted for Class 4 felony possession of a
controlled, counterfeit, or look-alike substance or a
controlled substance analog:
(1) if evidence for the Class 4 felony possession
charge was acquired as a result of the person seeking or
obtaining emergency medical assistance or medical forensic
services; and
(2) provided the amount of substance recovered is
within the amount identified in subsection (d) of this
Section.
(d) For the purposes of subsections (b) and (c) of this
Section, the limited immunity shall only apply to a person
possessing the following amount:
(1) less than 3 grams of a substance containing heroin;
(2) less than 3 grams of a substance containing
cocaine;
(3) less than 3 grams of a substance containing
morphine;
(4) less than 40 grams of a substance containing
peyote;
(5) less than 40 grams of a substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid;
(6) less than 40 grams of a substance containing
amphetamine or any salt of an optical isomer of
amphetamine;
(7) less than 3 grams of a substance containing
lysergic acid diethylamide (LSD), or an analog thereof;
(8) less than 6 grams of a substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(9) less than 6 grams of a substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone;
(10) less than 6 grams of a substance containing
phencyclidine or any of the salts, isomers and salts of
isomers of phencyclidine (PCP);
(11) less than 6 grams of a substance containing
ketamine or any of the salts, isomers and salts of isomers
of ketamine; or
(12) less than 40 grams of a substance containing a
substance classified as a narcotic drug in Schedules I or
II, or an analog thereof, which is not otherwise included
in this subsection (d).
(e) The limited immunity described in subsections (b) and
(c) of this Section shall not be extended if law enforcement
has reasonable suspicion or probable cause to detain, arrest,
or search the person described in subsection (b) or (c) of this
Section for criminal activity and the reasonable suspicion or
probable cause is based on information obtained prior to or
independent of the person described in subsection (b) or (c) of
this Section taking action to report a sexual assault to law
enforcement or to seek or obtain emergency medical assistance
or medical forensic services and not obtained as a direct
result of the action of seeking or obtaining emergency medical
assistance or medical forensic services. Nothing in this
Section is intended to interfere with or prevent the
investigation, arrest, or prosecution of any person for the
delivery or distribution of cannabis, methamphetamine, or
other controlled substances, drug-induced homicide, or any
other crime.
Section 30. The Rights of Crime Victims and Witnesses Act
is amended by changing Section 4 and by adding Section 4.6 as
follows:
(725 ILCS 120/4) (from Ch. 38, par. 1404)
Sec. 4. Rights of crime victims.
(a) Crime victims shall have the following rights:
(1) The right to be treated with fairness and respect
for their dignity and privacy and to be free from
harassment, intimidation, and abuse throughout the
criminal justice process.
(1.5) The right to notice and to a hearing before a
court ruling on a request for access to any of the victim's
records, information, or communications which are
privileged or confidential by law.
(2) The right to timely notification of all court
proceedings.
(3) The right to communicate with the prosecution.
(4) The right to be heard at any post-arraignment court
proceeding in which a right of the victim is at issue and
any court proceeding involving a post-arraignment release
decision, plea, or sentencing.
(5) The right to be notified of the conviction, the
sentence, the imprisonment and the release of the accused.
(6) The right to the timely disposition of the case
following the arrest of the accused.
(7) The right to be reasonably protected from the
accused through the criminal justice process.
(7.5) 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.
(8) The right to be present at the trial and all other
court proceedings on the same basis as the accused, 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 the trial.
(9) The right to have present at all court proceedings,
including proceedings under the Juvenile Court Act of 1987,
subject to the rules of evidence, an advocate and other
support person of the victim's choice.
(10) The right to restitution.
(b) Any law enforcement agency that investigates an offense
committed in this State shall provide a crime victim with a
written statement and explanation of the rights of crime
victims under this amendatory Act of the 99th General Assembly
within 48 hours of law enforcement's initial contact with a
victim. The statement shall include information about crime
victim compensation, including how to contact the Office of the
Illinois Attorney General to file a claim, and appropriate
referrals to local and State programs that provide victim
services. The content of the statement shall be provided to law
enforcement by the Attorney General. Law enforcement shall also
provide a crime victim with a sign-off sheet that the victim
shall sign and date as an acknowledgement that he or she has
been furnished with information and an explanation of the
rights of crime victims and compensation set forth in this Act.
(b-5) Upon the request of the victim, the law enforcement
agency having jurisdiction shall provide a free copy of the
police report concerning the victim's incident, as soon as
practicable, but in no event later than 5 business days from
the request.
(c) The Clerk of the Circuit Court shall post the rights of
crime victims set forth in Article I, Section 8.1(a) of the
Illinois Constitution and subsection (a) of this Section within
3 feet of the door to any courtroom where criminal proceedings
are conducted. The clerk may also post the rights in other
locations in the courthouse.
(d) At any point, the victim has the right to retain a
victim's attorney who may be present during all stages of any
interview, investigation, or other interaction with
representatives of the criminal justice system. Treatment of
the victim should not be affected or altered in any way as a
result of the victim's decision to exercise this right.
(Source: P.A. 99-413, eff. 8-20-15.)
(725 ILCS 120/4.6 new)
Sec. 4.6. Advocates; support person.
(a) A crime victim has a right to have an advocate present
during any medical evidentiary or physical examination, unless
no advocate can be summoned in a reasonably timely manner. The
victim also has the right to have an additional person present
for support during any medical evidentiary or physical
examination.
(b) A victim retains the rights prescribed in subsection
(a) of this Section even if the victim has waived these rights
in a previous examination.
Section 35. The Sexual Assault Incident Procedure Act is
amended by changing Sections 25 and 30 as follows:
(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
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
and forensic services, including contacting emergency
medical services.
(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.)
(725 ILCS 203/30)
Sec. 30. Release and storage of sexual assault evidence.
(a) A law enforcement agency having jurisdiction that is
notified by a hospital or another law enforcement agency that a
victim of a sexual assault or sexual abuse has received a
medical forensic examination and has completed an Illinois
State Police Sexual Assault Evidence Collection Kit shall take
custody of the sexual assault evidence as soon as practicable,
but in no event more than 5 days after the completion of the
medical forensic examination.
(a-5) A State's Attorney who is notified under subsection
(d) of Section 6.6 of the Sexual Assault Survivors Emergency
Treatment Act that a hospital is in possession of sexual
assault evidence shall, within 72 hours, contact the
appropriate law enforcement agency to request that the law
enforcement agency take immediate physical custody of the
sexual assault evidence.
(b) The written report prepared under Section 20 of this
Act shall include the date and time the sexual assault evidence
was picked up from the hospital and the date and time the
sexual assault evidence was sent to the laboratory in
accordance with the Sexual Assault Evidence Submission Act.
(c) If the victim of a sexual assault or sexual abuse or a
person authorized under Section 6.5 of the Sexual Assault
Survivors Emergency Treatment Act has consented to allow law
enforcement to test the sexual assault evidence, the law
enforcement agency having jurisdiction shall submit the sexual
assault evidence for testing in accordance with the Sexual
Assault Evidence Submission Act. No law enforcement agency
having jurisdiction may refuse or fail to send sexual assault
evidence for testing that the victim has released for testing.
(d) A victim shall have 10 5 years from the completion of
an Illinois State Police Sexual Assault Evidence Collection
Kit, or 10 5 years from the age of 18 years, whichever is
longer, to sign a written consent to release the sexual assault
evidence to law enforcement for testing. If the victim or a
person authorized under Section 6.5 of the Sexual Assault
Survivors Emergency Treatment Act does not sign the written
consent at the completion of the medical forensic examination,
the victim or person authorized by Section 6.5 of the Sexual
Assault Survivors Emergency Treatment Act may sign the written
release at the law enforcement agency having jurisdiction, or
in the presence of a sexual assault advocate who may deliver
the written release to the law enforcement agency having
jurisdiction. The victim may also provide verbal consent to the
law enforcement agency having jurisdiction and shall verify the
verbal consent via email or fax. Upon receipt of written or
verbal consent, the law enforcement agency having jurisdiction
shall submit the sexual assault evidence for testing in
accordance with the Sexual Assault Evidence Submission Act. No
law enforcement agency having jurisdiction may refuse or fail
to send the sexual assault evidence for testing that the victim
has released for testing.
(e) The law enforcement agency having jurisdiction who
speaks to a victim who does not sign a written consent to
release the sexual assault evidence prior to discharge from the
hospital shall provide a written notice to the victim that
contains the following information:
(1) where the sexual assault evidence will be stored
for 10 5 years;
(2) notice that the victim may sign a written release
to test the sexual assault evidence at any time during the
10-year 5-year period by contacting the law enforcement
agency having jurisdiction or working with a sexual assault
advocate;
(3) the name, phone number, and email address of the
law enforcement agency having jurisdiction; and
(4) the name and phone number of a local rape crisis
center.
Each law enforcement agency shall develop a protocol for
providing this information to victims as part of the written
policies required in subsection (a) of Section 15 of this Act.
(f) A law enforcement agency must develop a protocol for
responding to victims who want to sign a written consent to
release the sexual assault evidence and to ensure that victims
who want to be notified or have a designee notified prior to
the end of the 10-year 5-year period are provided notice.
(g) Nothing in this Section shall be construed as limiting
the storage period to 10 5 years. A law enforcement agency
having jurisdiction may adopt a storage policy that provides
for a period of time exceeding 10 5 years. If a longer period
of time is adopted, the law enforcement agency having
jurisdiction shall notify the victim or designee in writing of
the longer storage period.
(Source: P.A. 99-801, eff. 1-1-17.)
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