Current through Register Vol. 48, No. 12, March 22, 2024
a) The Sexual
Assault Evidence Collection Kit shall be used in the manner prescribed by the
information contained in that kit.
1) With the
survivor's consent, as prescribed by subsection (c), the kit shall be completed
if the survivor presents themself for medical forensic services within
seven days after the sexual assault, has disclosed
past sexual assault by a specific individual and was in the care of that
individual within the last seven days, or has a clinical indication
for medical forensic services beyond seven days. (Section 1a of the
Act)
2) If the Evidence Collection
Kit is not collected by law enforcement upon completion, the hospital or
approved pediatric health care facility shall comply with subsection
(d).
b)
A
treatment hospital, a treatment hospital with approved pediatric transfer, an
out-of-state hospital as defined in Section
5.4
of the Act and
Section 545.64
, or an approved
pediatric health care facility shall comply with Section 50 of the Sexual
Assault Evidence Submission Act and register with the Illinois State
Police to utilize the CheckPoint sexual assault evidence tracking
system. (Section 5(a-5)(10) of the Act)
c)
Written Consent to the Release of
Sexual Assault Evidence for Testing
1)
Upon the completion of medical
forensic services, the health careprofessional providing the medical forensic
services shall provide the patient the opportunity to sign a written consent to
allow law enforcement to submit the sexual assault evidence for testing, if
collected. The written consent shall be on a form included in the sexual
assault evidence collection kit and posted on the Illinois State Police
website. The consent form shall include whether the survivor consents to the
release of information about the sexual assault to law enforcement.
A)
A survivor 13 years of age or
older may sign the written consent to release the evidence for
testing.
B)
If the
survivor is a minor who is under 13 years of age, the written consent to
release the sexual assault evidence for testing may be signed by the parent,
guardian, investigating law enforcement officer, or Department of Children and
Family Services.
C)
If the survivor is an adult who has a guardian of the person, a health
care surrogate, or an agent acting under a health care power of attorney, the
consent of the guardian, surrogate, or agent is not required to release
evidence and information concerning the sexual assault or sexual abuse. If the
adult is unable to provide consent for the release of evidence and information
and a guardian, surrogate, or agent under a health care power of attorney is
unavailable or unwilling to release the information, then an investigating law
enforcement officer may authorize the release.
D)
Any health care professional or
health care institution, including any hospital or approved pediatric health
care facility, who provides evidence or information to a law enforcement
officer under a written consent, as specified in this subsection (c),
is immune from any civil or professional liability that might arise
from those actions, with the exception of willful or wanton misconduct. The
immunity provision applies only if all of the requirements of the Act
and this Section are met.
2)
The hospital or approved pediatric
health care facility shall keep a copy of a signed or unsigned written consent
form in the patient's medical record pursuant to 77 Ill. Adm. Code
250.1510 (Hospital Licensing
Requirements).
3)
If a
written consent to allow law enforcement to hold the sexual assault evidence is
signed at the completion of medical forensic services, the hospital or approved
pediatric health care facility shall include the following information in its
discharge instructions:
A)
The sexual assault evidence will be stored for 10 years from the
completion of a Sexual Assault Evidence Collection Kit, or 10 years from the
age of 18 years, whichever is longer;
B)
A person authorized to consent to
the testing of the sexual assault evidence may sign a written consent to allow
law enforcement to test the sexual assault evidence at any time during that
10-year period for an adult victim, or until a minor victim turns 28 years of
age by:
i)
Contacting the
law enforcement agency having jurisdiction, or, if unknown, the law enforcement
agency contacted by the hospital or approved pediatric health care facility
under Section 3.2 of the Criminal
Identification Act; or
ii)
By working with an advocate at a rape crisis center;
C)
The name, address, and
phone number of the law enforcement agency having jurisdiction, or, if unknown,
the name, address, and phone number of the law enforcement agency contacted by
the hospital under Section
3.2 of the Criminal
Identification Act; and
D)
The name and phone number of a local rape crisis center.
(Section 6.5 of the Act)
d)
Submission
of Sexual Assault Evidence
1)
As soon as practicable, but in no event more than four hours after the
completion of medical forensic services, the hospital or approved pediatric
health care facility shall make reasonable efforts to determine the law
enforcement agency having jurisdiction where the sexual assault occurred, if
sexual assault evidence was collected. The hospital or approved pediatric
health care facility may obtain the name of the law enforcement agency with
jurisdiction from the local law enforcement agency.
2)
Within four hours after the
completion of medical forensic services, the hospital or approved pediatric
health care facility shall notify the law enforcement agency having
jurisdiction that the hospital or approved pediatric health care facility is in
possession of sexual assault evidence and the date and time the collection of
evidence was completed. The hospital or approved pediatric health care facility
shall document the notification in the patient's medical records and shall
include the agency notified, the date and time of the notification, and the
name of the person who received the notification. This notification to the law
enforcement agency having jurisdiction satisfies the hospital's or approved
pediatric health care facility's requirement to contact its local law
enforcement agency under Section
3.2 of the Criminal
Identification Act.
3)
If the law enforcement agency having jurisdiction has not taken
physical custody of sexual assault evidence within five days after the first
contact by the hospital or approved pediatric health care facility, the
hospital or approved pediatric health care facility shall renotify the law
enforcement agency having jurisdiction that the hospital or approved pediatric
health care facility is in possession of sexual assault evidence and the date
the sexual assault evidence was collected. The hospital or approved pediatric
health care facility shall document the renotification in the patient's medical
records and shall include the agency notified, the date and time of the
notification, and the name of the person who received the
notification.
4)
If the law enforcement agency having jurisdiction has not taken
physical custody of the sexual assault evidence within 10 days after the first
contact by the hospital or approved pediatric health care facility and the
hospital or approved pediatric health care facility has provided renotification
under subsection (d)(3), the hospital or approved pediatric
health care facility shall contact the State's Attorney of the county where the
law enforcement agency having jurisdiction is located. The hospital or approved
pediatric health care facility shall inform the State's Attorney that the
hospital or approved pediatric health care facility is in possession of sexual
assault evidence, the date the sexual assault evidence was collected, the law
enforcement agency having jurisdiction, and the dates, times
and names of persons notified under subsections (d)(2)
and (d)(3). The notification shall be made within 14
days after the collection of the sexual assault
evidence. (Section
6.6 of the Act)