Bill Amendment: IL SB0333 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: ASSAULT SURVIVOR REPORTING

Status: 2024-09-24 - Sponsor Removed Sen. Win Stoller [SB0333 Detail]

Download: Illinois-2023-SB0333-Senate_Amendment_001.html

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Sen. David Koehler

Filed: 3/24/2023

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AMENDMENT TO SENATE BILL 333
AMENDMENT NO. ______. Amend Senate Bill 333 by replacing
everything after the enacting clause with the following:
"Section 5. The Criminal Identification Act is amended by
changing Section 3.2 as follows:
(20 ILCS 2630/3.2) (from Ch. 38, par. 206-3.2)
Sec. 3.2. (a) It is the duty of any person conducting or
operating a medical facility, or any physician or nurse, as
soon as treatment permits, to notify the local law enforcement
agency of that jurisdiction upon the application for treatment
of a person who is not accompanied by a law enforcement
officer, when it reasonably appears that the person requesting
treatment has received:
(1) any injury resulting from the discharge of a
firearm; or
(2) any injury sustained in the commission of or as a

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victim of a criminal offense; or .
(3) any injury sustained as a victim of a criminal
offense.
(a-5) Except when it reasonably appears that the person
requesting treatment is a sexual assault survivor, a person
conducting or operating a medical facility, or a physician or
nurse at the medical facility, must notify the local law
enforcement as follows:
(1) If a sexual assault survivor consents to
notification being made, local law enforcement must be
notified as soon as treatment permits. If the sexual
assault or sexual abuse occurred in another jurisdiction,
the law enforcement officer taking the report must submit
the report to the law enforcement agency having
jurisdiction as provided in subsection (c) of Section 20
of the Sexual Assault Incident Procedure Act.
(2) If after being advised of options for notification
by a health care provider in a manner that ensures that the
decision is not made under duress or as a result of
influence from a third party, a sexual assault survivor
does not consent to notification being made as soon as
treatment permits, notification to the law enforcement
agency having jurisdiction must be delayed until after the
sexual assault survivor leaves the outpatient treatment
location, but no later than 24 hours after the sexual
assault survivor leaves. If the law enforcement agency

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having jurisdiction cannot be reasonably determined, then
notification shall be made to the local law enforcement
agency of the medical facility. This requirement to delay
notifying law enforcement does not change the obligations
of mandated reporters under the Abused and Neglected Child
Reporting Act, the Adult Protective Services Act, or the
Abused and Neglected Long Term Care Facility Residents
Reporting Act.
(3) If a sexual assault survivor does not consent to
notification being made as soon as treatment permits and
only consents to the collection and storage of evidence,
the person conducting or operating a medical facility, or
a physician or nurse at the medical facility, must make
the notification in accordance with Section 6.6 or 6.6-1
of the Sexual Assault Survivors Emergency Treatment Act.
Law enforcement may not be given any personal identifying
information for the sexual assault survivor other than
using the unique sexual assault evidence kit
identification number assigned to the Illinois State
Police evidence collection kit or the sexual assault
survivor's medical record number. The medical facility,
physician, or nurse must record the unique sexual assault
evidence kit identification number in the medical record,
if one exists, and shall provide the number to the sexual
assault survivor or the sexual assault survivor's designee
at the time of treatment and later at the request of the

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sexual assault survivor or their designee.
(4) The sexual assault survivor's decision regarding
notification of law enforcement must be documented in the
medical record. The documentation must also affirm that
the sexual assault survivor's decision was made
independently and not under duress or as a result of
influence of a third party.
(5) The notification to law enforcement must be
limited to the following information:
(A) the date and time the sexual assault survivor
presented for treatment;
(B) the nature of the criminal offense;
(C) the municipality, township, or county where
the criminal offense occurred;
(D) when necessary to prevent serious and imminent
physical harm to others, information that identifies a
perpetrator who poses a serious and imminent threat to
an identifiable group or individual other than the
victim;
(E) when applicable, the unique sexual assault
evidence kit identification number; and
(F) additional information and details about the
criminal offense or the sexual assault survivor that
the sexual assault survivor gives consent to be given,
and this consent must be documented in the medical
record.

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(6) When a sexual assault survivor arrives at the
medical facility unconscious, as soon as treatment
permits, the health care provider shall make at least 2
attempts to contact a surrogate decision maker, as defined
by the Health Care Surrogate Act. If no surrogate decision
maker responds and the survivor remains unconscious, the
medical facility, physician, or nurse shall notify law
enforcement.
(7) Nothing in this subsection permits a delay in
notification to law enforcement when a patient admits to
committing a violent crime.
(8) Nothing in this subsection permits a delay in
notification to law enforcement when a sexual assault
survivor is admitted or treated for an injury due to
discharge of a firearm or life-threatening injuries.
Notification related to the sexual assault shall otherwise
meet the requirements of this subsection.
(9) Nothing in this subsection changes the obligations
of mandated reporters under the Abused and Neglected Child
Reporting Act, the Adult Protective Services Act, and the
Abused and Neglected Long Term Care Facility Residents
Reporting Act, and nothing in this subsection requires a
delay in notification of law enforcement by the Department
of Children and Family Services, Adult Protective
Services, or any other agency receiving a mandated report.
Any hospital, physician or nurse shall be forever held

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harmless from any civil liability for their reasonable
compliance with the provisions of this Section.
(b) Notwithstanding subsection (a), nothing in this
Section shall be construed to require the reporting of lawful
health care activity, whether such activity may constitute a
violation of another state's law.
(c) As used in this Section:
"Law enforcement agency having jurisdiction" and "sexual
assault survivor" have the meanings given to those terms in
Section 1a of the Sexual Assault Survivors Emergency Treatment
Act.
"Lawful health care" means:
(1) reproductive health care that is not unlawful
under the laws of this State, including on any theory of
vicarious, joint, several, or conspiracy liability; or
(2) the treatment of gender dysphoria or the
affirmation of an individual's gender identity or gender
expression, including but not limited to, all supplies,
care, and services of a medical, behavioral health, mental
health, surgical, psychiatric, therapeutic, diagnostic,
preventative, rehabilitative, or supportive nature that is
not unlawful under the laws of this State, including on
any theory of vicarious, joint, several, or conspiracy
liability.
"Lawful health care activity" means seeking, providing,
receiving, assisting in seeking, providing, or receiving,

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providing material support for, or traveling to obtain lawful
health care.
(Source: P.A. 102-1117, eff. 1-13-23.)".