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

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Bill Title: Amends the Criminal Identification Act. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 11-0)

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

Download: Illinois-2023-SB0333-Engrossed.html

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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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
victim of a criminal offense; or .
(3) any injury sustained as a victim of a criminal
offense. Except, when it reasonably appears that the
person requesting treatment is a sexual assault survivor
age 13 or older, a person conducting or operating a
medical facility, or a physician or nurse at the medical
facility, must notify the local law enforcement as

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follows:
(A) 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.
(B) The health care provider must advise the
survivor about the options for timing of the law
enforcement notification, ask the survivor if the
survivor has been threatened, and offer to connect the
survivor with a rape crisis center for safety
planning, if appropriate. If 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 having jurisdiction cannot be
reasonably determined, then notification shall be made
to the local law enforcement agency of the medical
facility.

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(C) 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 sexual
assault survivor or their designee.
(D) The sexual assault survivor's decision
regarding notification of law enforcement must be
documented in the medical record. The documentation
must also include confirmation that the question in
subparagraph (B) was asked of the survivor.

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(E) The notification to law enforcement must be
limited to the following information:
(i) the date and time the sexual assault
survivor presented for treatment;
(ii) the nature of the criminal offense;
(iii) the municipality, township, or county
where the criminal offense occurred;
(iv) 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;
(v) when applicable, the unique sexual assault
evidence kit identification number; and
(vi) 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.
(F) Nothing in this subsection permits a delay in
notification to law enforcement when a patient admits
to committing a violent crime.
(G) 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.

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Notification related to the sexual assault shall
otherwise meet the requirements of this subsection.
(H) 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
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

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