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| Public Act 104-0235 | ||||
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AN ACT concerning business. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 1. Short title. This Act may be cited as the | ||||
Self-Administered Sexual Assault Evidence Collection Kit Ban | ||||
Act. | ||||
Section 5. Definition. As used in this Act, | ||||
"self-administered sexual assault evidence collection kit" | ||||
means materials advertised or marketed as a means for a | ||||
person, other than a medical professional, to collect physical | ||||
evidence of a sexual assault. | ||||
Section 10. Prohibition on the sale of self-administered | ||||
sexual assault evidence collection kits. It is unlawful for | ||||
any person to sell, market, promote, advertise, or otherwise | ||||
distribute a self-administered sexual assault evidence | ||||
collection kit to a consumer in this State. | ||||
Section 15. Private right of action. A person aggrieved by | ||||
a violation of this Act by a seller of a self-administered | ||||
sexual assault evidence collection kit may file suit in | ||||
circuit court in the county where the alleged offense occurred | ||||
or where any person who is a party to the action resides. An | ||||
action may be brought by one or more persons for and on behalf | ||
of themselves and other persons similarly situated. A person | ||
aggrieved by a violation of this Act is entitled to collect: | ||
(1) compensatory damages in the amount of any payments | ||
made to the seller of a self-administered sexual assault | ||
evidence collection kit; | ||
(2) punitive damages, not to exceed $1,000 for each | ||
violation of this Act; and | ||
(3) attorney's fees and costs. | ||
Section 20. Enforcement. | ||
(a) The Attorney General or the State's Attorney of the | ||
county where the purchaser of a self-administered sexual | ||
assault evidence collection kit resides may file a complaint | ||
in the circuit court in the county where the alleged offense | ||
occurred for: | ||
(1) injunctive relief to restrain violations of this | ||
Act; | ||
(2) a civil penalty, not to exceed $1,500 for each | ||
violation of this Act; and | ||
(3) any other relief as may be required. | ||
(b) Upon the commencement of any action under this Section | ||
by a State's Attorney, the State's Attorney shall mail a copy | ||
of the complaint or other initial pleading to the Attorney | ||
General, and upon the entry of any judgment or order in the | ||
action, shall mail a copy of the judgment or order to the | ||
Attorney General. | ||
Section 99. Effective date. This Act takes effect January | ||
1, 2026. | ||