HB 1739

Abstract

Amends the Sexual Assault Evidence Submission Act. Provides that health care providers or local law enforcement must notify victims about the tracking system after an Illinois Sexual Assault Evidence Collection Kit has been analyzed. Amends the Hospital Licensing Act. Provides that a hospital licensed under this Act must comply with the requirements concerning the sexual assault evidence tracking system under the Sexual Assault Evidence Submission Act. House Floor Amendment No. 2 Deletes reference to: 210 ILCS 85/6.02 new Adds reference to: 725 ILCS 203/11 new 725 ILCS 203/25 725 ILCS 203/35 Replaces everything after the enacting clause. Amends the Sexual Assault Evidence Submission Act. Provides that the Illinois State Police may, rather than shall, develop rules to implement a sexual assault evidence tracking system. Amends the Sexual Assault Incident Procedure Act. Adds a requirement that at the time of first contact with the victim, law enforcement shall notify victims about the Illinois State Police sexual assault evidence tracking system. Provides that upon the request of the victim who has consented to the release of sexual assault evidence for testing, the law enforcement agency having jurisdiction shall notify the victim about the Illinois State Police sexual assault evidence tracking system. Makes other changes. House Floor Amendment No. 3 Provides that a health care provider must provide information to victims about the tracking system at the time when information pertaining to the collection of sexual assault evidence is provided. Provides that using the contact information provided, a local law enforcement agency must take reasonable steps to notify victims about the tracking system after sexual assault evidence has been collected. Senate Committee Amendment No. 1 Adds reference to: 410 ILCS 70/5 from Ch. 111 1/2, par. 87-5 410 ILCS 70/5-1 Replaces everything after the enacting clause. Reinserts the provisions of the bill as engrossed, with the following changes: Amends the Sexual Assault Survivors Emergency Treatment Act. In a provision concerning the minimum requirements for medical forensic services provided to sexual assault survivors by hospitals and approved pediatric health care facilities, provides that a treatment hospital, a treatment hospital with approved pediatric transfer, or an approved pediatric health care facility shall provide written information regarding the Illinois State Police sexual assault evidence tracking system. Makes a conforming change in a provision concerning minimum requirements for medical forensic services provided to sexual assault survivors by hospitals, approved pediatric health care facilities, and approved federally qualified health centers. Further amends the Sexual Assault Incident Procedure Act. Replaces the contents of a provision concerning victim notification with a provision providing that when evidence is collected from a sexual assault survivor, the health care provider or law enforcement officer who collects the evidence must notify a victim about the tracking system. Effective immediately. Senate Floor Amendment No. 3 In a provision concerning victim notification, replaces a reference to evidence with a reference to the Illinois State Police Sexual Assault Evidence Collection Kit. In the same provision, provides that the notification requirement is satisfied by providing the victim information regarding the Sexual Assault Evidence Tracking System and the victim's unique log-in information contained within the sexual assault evidence kit or generated by the sexual assault evidence tracking system. Senate Floor Amendment No. 5 Adds reference to: 410 ILCS 70/1a from Ch. 111 1/2, par. 87-1a 410 ILCS 70/1a-1 410 ILCS 70/2 from Ch. 111 1/2, par. 87-2 410 ILCS 70/2-1 410 ILCS 70/2.05 410 ILCS 70/2.05-1 410 ILCS 70/2.06 410 ILCS 70/2.06-1 410 ILCS 70/2.1 from Ch. 111 1/2, par. 87-2.1 410 ILCS 70/2.1-1 410 ILCS 70/2.2 410 ILCS 70/2.2-1 410 ILCS 70/3 from Ch. 111 1/2, par. 87-3 410 ILCS 70/3-1 410 ILCS 70/5 from Ch. 111 1/2, par. 87-5 410 ILCS 70/5-1 410 ILCS 70/5.1 410 ILCS 70/5.1-1 410 ILCS 70/5.2 410 ILCS 70/5.2-1 410 ILCS 70/5.3 410 ILCS 70/5.3-1 410 ILCS 70/5.5 410 ILCS 70/5.5-1 410 ILCS 70/6.1 from Ch. 111 1/2, par. 87-6.1 410 ILCS 70/6.1-1 410 ILCS 70/6.2 from Ch. 111 1/2, par. 87-6.2 410 ILCS 70/6.2-1 410 ILCS 70/6.4 from Ch. 111 1/2, par. 87-6.4 410 ILCS 70/6.4-1 410 ILCS 70/6.5 410 ILCS 70/6.5-1 410 ILCS 70/6.6 410 ILCS 70/6.6-1 410 ILCS 70/7 from Ch. 111 1/2, par. 87-7 410 ILCS 70/7-1 410 ILCS 70/7.5 410 ILCS 70/7.5-1 410 ILCS 70/8 from Ch. 111 1/2, par. 87-8 410 ILCS 70/8-1 410 ILCS 70/10 410 ILCS 70/10-1 725 ILCS 5/106B-10 725 ILCS 120/4.5 725 ILCS 120/7 from Ch. 38, par. 1407 725 ILCS 120/9 from Ch. 38, par. 1408 725 ILCS 202/50 725 ILCS 203/11 new 725 ILCS 203/25 725 ILCS 203/35 Replaces everything after the enacting clause. Amends the Sexual Assault Survivors Emergency Treatment Act. Makes changes to effective and repeal dates. Amends the Code of Criminal Procedure of 1963. Provides that in a prosecution of any violent crime as defined in the Rights of Crime Victims and Witnesses Act, the court may set any conditions it finds just and appropriate on the taking of testimony of a victim who is a child under the age of 18 years or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability, involving the use of a facility dog in any proceeding involving that offense. Amends the Rights of Crime Victims and Witnesses Act. Provides that the office of the State's Attorney shall consult with the crime victim regarding the State's Attorney's decision not to charge an offense and that the victim has the right to have an attorney, advocate, and other support person of the victim's choice attend this consultation with them. Provides that the office of the State's Attorney shall give the crime victim timely notice of any decision not to pursue charges and consider the safety of the victim when deciding how to give such notice. Provides that no later than January 1, 2023, the Office of the Attorney General shall: (1) designate an administrative authority within the Office of the Attorney General to receive and investigate complaints relating to the provision or violation of the rights of a crime victim; (2) create and administer a course of training for employees and offices of the State of Illinois that fail to comply with provisions of Illinois law pertaining to the treatment of crime victims; and (3) have the authority to make recommendations to employees and offices of the State of Illinois to respond more effectively to the needs of crime victims, including regarding the violation of the rights of a crime victim. Provides for penalties for violations of victim's rights by certain offices and employees. Provides that a prosecuting attorney who seeks to subpoena information or records concerning the victim that are confidential or privileged by law must first request the written consent of the crime victim. Amends the Sexual Assault Evidence Submission Act. In a provision concerning the sexual assault evidence tracking system, provides that the Illinois State Police may (rather than shall) develop rules to implement a sexual assault evidence tracking system. Amends the Sexual Assault Incident Procedure Act. Provides for victim notification under specified circumstances in various provisions. Makes other changes. Effective immediately.