Public Act 0235 104TH GENERAL ASSEMBLY

HB2548 Enrolled LRB104 10979 SPS 21061 b

Public Act 104-0235

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.