Bill Text: IL SB2956 | 2013-2014 | 98th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Criminal Code of 2012. Provides that the prosecuting State's Attorney shall seek an order from the court to compel the accused to be tested for any sexually transmissible disease, including a test for infection with human immunodeficiency virus (HIV), within 48 hours: (1) after a finding at a preliminary hearing that there is probable cause to believe that an accused has committed criminal sexual assault, aggravated criminal sexual assault, or predatory criminal sexual assault of a child, or (2) after an indictment is returned charging an accused with criminal sexual assault, aggravated criminal sexual assault, or predatory criminal sexual assault of a child, or (3) after a finding that a defendant charged with criminal sexual assault, aggravated criminal sexual assault, or predatory criminal sexual assault of a child is unfit to stand trial where the finding is made prior to the preliminary hearing, or (4) after the request of the victim of criminal sexual assault, aggravated criminal sexual assault, or predatory criminal sexual assault of a child. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2014-07-16 - Public Act . . . . . . . . . 98-0761 [SB2956 Detail]
Download: Illinois-2013-SB2956-Engrossed.html
Bill Title: Amends the Criminal Code of 2012. Provides that the prosecuting State's Attorney shall seek an order from the court to compel the accused to be tested for any sexually transmissible disease, including a test for infection with human immunodeficiency virus (HIV), within 48 hours: (1) after a finding at a preliminary hearing that there is probable cause to believe that an accused has committed criminal sexual assault, aggravated criminal sexual assault, or predatory criminal sexual assault of a child, or (2) after an indictment is returned charging an accused with criminal sexual assault, aggravated criminal sexual assault, or predatory criminal sexual assault of a child, or (3) after a finding that a defendant charged with criminal sexual assault, aggravated criminal sexual assault, or predatory criminal sexual assault of a child is unfit to stand trial where the finding is made prior to the preliminary hearing, or (4) after the request of the victim of criminal sexual assault, aggravated criminal sexual assault, or predatory criminal sexual assault of a child. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2014-07-16 - Public Act . . . . . . . . . 98-0761 [SB2956 Detail]
Download: Illinois-2013-SB2956-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,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||
5 | Section 11-1.10 as follows:
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6 | (720 ILCS 5/11-1.10) (was 720 ILCS 5/12-18)
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7 | Sec. 11-1.10. General provisions concerning offenses | ||||||
8 | described in Sections 11-1.20 through 11-1.60.
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9 | (a) No person accused of violating Section 11-1.20, | ||||||
10 | 11-1.30, 11-1.40, 11-1.50, or 11-1.60
of this Code shall be | ||||||
11 | presumed to be incapable of committing an offense
prohibited by | ||||||
12 | Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this | ||||||
13 | Code
because of age, physical condition or relationship to the | ||||||
14 | victim. Nothing in this Section
shall be construed to modify or | ||||||
15 | abrogate the affirmative defense of infancy
under Section 6-1 | ||||||
16 | of this Code or the provisions of Section 5-805 of the
Juvenile | ||||||
17 | Court Act of 1987.
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18 | (b) Any medical examination or procedure which is conducted | ||||||
19 | by a physician,
nurse, medical or hospital personnel, parent, | ||||||
20 | or caretaker for purposes
and in a manner consistent with | ||||||
21 | reasonable medical standards is not an offense
under Section | ||||||
22 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.
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23 | (c) (Blank).
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1 | (d) (Blank).
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2 | (e) The prosecuting State's Attorney shall seek an order | ||||||
3 | from the court to compel the accused to be tested for any | ||||||
4 | sexually
transmissible disease, including a test for infection | ||||||
5 | with
human immunodeficiency virus (HIV), within 48 hours: | ||||||
6 | (1) after After a finding at a preliminary hearing that | ||||||
7 | there is probable
cause to believe that an accused has | ||||||
8 | committed a violation of Section 11-1.20, 11-1.30, or | ||||||
9 | 11-1.40
of this Code, or | ||||||
10 | (2) after an indictment is returned
charging an accused | ||||||
11 | with a violation of Section 11-1.20, 11-1.30, or 11-1.40 of
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12 | this Code,
or | ||||||
13 | (3) after a finding that a defendant charged with a | ||||||
14 | violation of Section 11-1.20, 11-1.30, or 11-1.40
of this | ||||||
15 | Code is unfit to stand trial pursuant to
Section 104-16 of | ||||||
16 | the Code of
Criminal Procedure of 1963 where the finding is | ||||||
17 | made prior to the preliminary
hearing, or | ||||||
18 | (4) after
at the request of the person who was the | ||||||
19 | victim of the violation of
Section 11-1.20, 11-1.30, or | ||||||
20 | 11-1.40 . , | ||||||
21 | the prosecuting State's attorney shall seek
an order from the | ||||||
22 | court to compel the accused to be tested within 48 hours for | ||||||
23 | any sexually
transmissible disease, including a test for | ||||||
24 | infection with
human immunodeficiency virus (HIV). The medical | ||||||
25 | tests shall be
performed only
by appropriately licensed medical | ||||||
26 | practitioners. The Such testing shall consist of a test |
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1 | approved by the Illinois Department of Public Health to | ||||||
2 | determine the presence of HIV infection, based upon | ||||||
3 | recommendations of the United States Centers for Disease | ||||||
4 | Control and Prevention; in the event of a
positive result, a | ||||||
5 | reliable supplemental
test based upon recommendations of the | ||||||
6 | United States Centers for Disease Control and Prevention shall | ||||||
7 | be administered. The results of the tests and any follow-up | ||||||
8 | tests shall be
kept
strictly confidential by all medical | ||||||
9 | personnel involved in the testing and
must be personally | ||||||
10 | delivered in a sealed envelope to the victim, to the defendant, | ||||||
11 | to the State's Attorney, and to the
judge who entered the | ||||||
12 | order, for the judge's inspection in camera. The judge shall | ||||||
13 | provide to the victim a referral to the Illinois Department of | ||||||
14 | Public Health HIV/AIDS toll-free hotline for counseling and | ||||||
15 | information in connection with the test result. Acting
in | ||||||
16 | accordance with the best interests of the victim and the | ||||||
17 | public, the
judge shall have the discretion to determine to | ||||||
18 | whom, if anyone, the result
of the testing may be revealed; | ||||||
19 | however, in no case shall the identity of
the victim be | ||||||
20 | disclosed. The court shall order that the cost of the tests
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21 | shall be paid by the county, and shall be taxed as costs | ||||||
22 | against the accused
if convicted.
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23 | (f) Whenever any law enforcement officer has reasonable | ||||||
24 | cause to believe
that a person has been delivered a controlled | ||||||
25 | substance without his or her
consent, the law enforcement | ||||||
26 | officer shall advise the victim about seeking
medical treatment |
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1 | and preserving evidence.
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2 | (g) Every hospital providing emergency hospital services | ||||||
3 | to an alleged
sexual assault survivor, when there is reasonable
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4 | cause to believe that a person has been delivered a controlled | ||||||
5 | substance
without his or her consent, shall designate personnel | ||||||
6 | to provide:
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7 | (1) An explanation to the victim about the nature and | ||||||
8 | effects of commonly
used controlled substances and how such | ||||||
9 | controlled substances are administered.
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10 | (2) An offer to the victim of testing for the presence | ||||||
11 | of such controlled
substances.
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12 | (3) A disclosure to the victim that all controlled | ||||||
13 | substances or alcohol
ingested by the victim will be | ||||||
14 | disclosed by the test.
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15 | (4) A statement that the test is completely voluntary.
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16 | (5) A form for written authorization for sample | ||||||
17 | analysis of all controlled
substances and alcohol ingested | ||||||
18 | by the victim.
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19 | A physician licensed to practice medicine in all its | ||||||
20 | branches may agree to
be a designated person under this | ||||||
21 | subsection.
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22 | No sample analysis may be performed unless the victim
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23 | returns a signed written authorization within 30 days
after the | ||||||
24 | sample was
collected.
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25 | Any medical treatment or care under this subsection shall | ||||||
26 | be only in
accordance with the order of a physician licensed to |
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1 | practice medicine in all
of its branches. Any testing under | ||||||
2 | this subsection shall be only in accordance
with the order of a | ||||||
3 | licensed individual authorized to order the testing.
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4 | (Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-244, eff. | ||||||
5 | 8-4-11; 97-1109, eff. 1-1-13.)
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.
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