Sen. A. J. Wilhelmi
Filed: 4/11/2008
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 2355




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    AMENDMENT NO. ______. Amend Senate Bill 2355 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Criminal Code of 1961 is amended  by 
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changing Section 12-18 as follows:
 



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    (720 ILCS 5/12-18)  (from Ch. 38, par. 12-18)


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    Sec. 12-18. General Provisions. 

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    (a) No person accused of violating Sections 12-13, 12-14, 
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12-15 or 12-16
of this Code shall be presumed to be incapable 
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of committing an offense
prohibited by Sections 12-13, 12-14, 
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12-14.1, 12-15 or 12-16 of this Code
because of age, physical 
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condition or relationship to the victim, except as
otherwise 
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provided in subsection (c) of this Section.  Nothing in this 
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Section
shall be construed to modify or abrogate the 
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affirmative defense of infancy
under Section 6-1 of this Code 
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or the provisions of Section 5-805 of the
Juvenile Court Act of 
 


 






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1987.

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    (b) Any medical examination or procedure which is conducted 
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by a physician,
nurse, medical or hospital personnel, parent, 
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or caretaker for purposes
and in a manner consistent with 
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reasonable medical standards is not an offense
under Sections 
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12-13, 12-14, 12-14.1, 12-15 and 12-16 of this Code.

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    (c) (Blank).

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    (d) (Blank).

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    (e) After a finding at a preliminary hearing that there is 
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probable
cause to believe that an accused has committed a 
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violation of Section
12-13, 12-14, or 12-14.1 of this Code, or 
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after an indictment is returned
charging an accused with a 
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violation of Section 12-13, 12-14, or 12-14.1 of
this Code,
or 
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after a finding that a defendant charged with a violation of 
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Section
12-13, 12-14, or 12-14.1 of this Code is unfit to stand 
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trial pursuant to
Section 104-16 of the Code of
Criminal 
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Procedure of 1963 where the finding is made prior to 
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preliminary
hearing,
at the request of the person who was the 
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victim of the violation of
Section 12-13, 12-14, or 12-14.1, 
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the prosecuting State's attorney shall seek
an order from the 
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court to compel the accused to be tested within 48 hours for 
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any sexually
transmissible disease, including a test for 
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infection with
human immunodeficiency virus (HIV).  The medical 
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tests shall be
performed only
by appropriately licensed medical 
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practitioners.  The test for infection with
human 
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immunodeficiency virus (HIV) shall consist of an
enzyme-linked 
 


 






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immunosorbent assay (ELISA) test, or such other test as may
be 
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approved by the Illinois Department of Public Health; in the 
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event of a
positive result, the Western Blot Assay or a more 
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reliable confirmatory
test shall be administered.  The results 
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of the tests and any follow-up tests shall be
kept
strictly 
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confidential by all medical personnel involved in the testing 
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and
must be personally delivered in a sealed envelope to the 
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victim, to the defendant, to the State's Attorney, and to the

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judge who entered the order, for the judge's inspection in 
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camera.  The judge shall provide to the victim a referral to the 
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Illinois Department of Public Health HIV/AIDS toll-free 
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hotline for counseling and information in connection with the 
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test result. Acting
in accordance with the best interests of 
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the victim and the public, the
judge shall have the discretion 
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to determine to whom, if anyone, the result
of the testing may 
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be revealed; however, in no case shall the identity of
the 
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victim be disclosed.  The court shall order that the cost of the 
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tests
shall be paid by the county, and shall may be taxed as 
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costs against the accused
if convicted.

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    (f) Whenever any law enforcement officer has reasonable 
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cause to believe
that a person has been delivered a controlled 
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substance without his or her
consent, the law enforcement 
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officer shall advise the victim about seeking
medical treatment 
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and preserving evidence.

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    (g) Every hospital providing emergency hospital services 
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to an alleged
sexual assault survivor, when there is reasonable

 


 






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cause to believe that a person has been delivered a controlled 
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substance
without his or her consent, shall designate personnel 
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to provide:

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        (1) An explanation to the victim about the nature and 
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    effects of commonly
used controlled substances and how such 
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    controlled substances are administered.

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        (2) An offer to the victim of testing for the presence 
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    of such controlled
substances.

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        (3) A disclosure to the victim that all controlled 
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    substances or alcohol
ingested by the victim will be 
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    disclosed by the test.

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        (4) A statement that the test is completely voluntary.

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        (5) A form for written authorization for sample 
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    analysis of all controlled
substances and alcohol ingested 
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    by the victim.

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    A physician licensed to practice medicine in all its 
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branches may agree to
be a designated person under this 
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subsection.

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    No sample analysis may be performed unless the victim

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returns a signed written authorization within 30 days

after the 
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sample was
collected.

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    Any medical treatment or care under this subsection shall 
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be only in
accordance with the order of a physician licensed to 
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practice medicine in all
of its branches.  Any testing under 
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this subsection shall be only in accordance
with the order of a 
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licensed individual authorized to order the testing.

 


 






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(Source: P.A. 93-958, eff. 8-20-04; 94-397, eff. 1-1-06.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".