Sen. Robert Peters
Filed: 5/20/2021
 
 


 




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1
AMENDMENT TO HOUSE BILL 3443




2 AMENDMENT NO. ______. Amend House Bill 3443 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Sexual Assault Survivors Emergency 
5Treatment Act is amended by changing Sections 1a, 1a-1, 2, 
62-1, 2.05, 2.05-1, 2.06, 2.06-1, 2.1, 2.1-1, 2.2, 2.2-1, 3, 
73-1, 5, 5-1, 5.1, 5.1-1, 5.2, 5.2-1, 5.3, 5.3-1, 5.5, 5.5-1, 
86.1, 6.1-1, 6.2, 6.2-1, 6.4, 6.4-1, 6.5, 6.5-1, 6.6, 6.6-1, 7, 
97-1, 7.5, 7.5-1, 8, 8-1, 10, and 10-1 as follows:



10 (410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)


11 Sec. 1a. Definitions.  
12 (a) In this Act:

13 "Advanced practice registered nurse" has the meaning 
14provided in Section 50-10 of the Nurse Practice Act. 
15 "Ambulance provider" means an individual or entity that 
16owns and operates a business or service using ambulances or 
 
 
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1emergency medical services vehicles to transport emergency 
2patients.

3 "Approved pediatric health care facility" means a health 
4care facility, other than a hospital, with a sexual assault 
5treatment plan approved by the Department to provide medical 
6forensic services to pediatric sexual assault survivors who 
7present with a complaint of sexual assault within a minimum of 
8the last 7 days or who have disclosed past sexual assault by a 
9specific individual and were in the care of that individual 
10within a minimum of the last 7 days. 
11 "Areawide sexual assault treatment plan" means a plan, 
12developed by hospitals or by hospitals and approved pediatric 
13health care facilities in a community or area to be served, 
14which provides for medical forensic services to sexual assault 
15survivors that shall be made available by each of the 
16participating hospitals and approved pediatric health care 
17facilities.

18 "Board-certified child abuse pediatrician" means a 
19physician certified by the American Board of Pediatrics in 
20child abuse pediatrics.
21 "Board-eligible child abuse pediatrician" means a 
22physician who has completed the requirements set forth by the 
23American Board of Pediatrics to take the examination for 
24certification in child abuse pediatrics. 
25 "Department" means the Department of Public Health.

26 "Emergency contraception" means medication as approved by 
 
 
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1the federal Food and Drug Administration (FDA) that can 
2significantly reduce the risk of pregnancy if taken within 72 
3hours after sexual assault.

4 "Follow-up healthcare" means healthcare services related 
5to a sexual assault, including laboratory services and 
6pharmacy services, rendered within 90 days of the initial 
7visit for medical forensic services.

8 "Health care professional" means a physician, a physician 
9assistant, a sexual assault forensic examiner, an advanced 
10practice registered nurse, a registered professional nurse, a 
11licensed practical nurse, or a sexual assault nurse examiner.

12 "Hospital" means a hospital licensed under the Hospital 
13Licensing Act or operated under the University of Illinois 
14Hospital Act, any outpatient center included in the hospital's 
15sexual assault treatment plan where hospital employees provide 
16medical forensic services, and an out-of-state hospital that 
17has consented to the jurisdiction of the Department under 
18Section 2.06.

19 "Illinois State Police Sexual Assault Evidence Collection 
20Kit" means a prepackaged set of materials and forms to be used 
21for the collection of evidence relating to sexual assault. The 
22standardized evidence collection kit for the State of Illinois 
23shall be the Illinois State Police Sexual Assault Evidence 
24Collection Kit.

25 "Law enforcement agency having jurisdiction" means the law 
26enforcement agency in the jurisdiction where an alleged sexual 
 
 
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1assault or sexual abuse occurred.
2 "Licensed practical nurse" has the meaning provided in 
3Section 50-10 of the Nurse Practice Act. 
4 "Medical forensic services" means health care delivered to 
5patients within or under the care and supervision of personnel 
6working in a designated emergency department of a hospital or 
7an approved pediatric health care facility. "Medical forensic 
8services" includes, but is not limited to, taking a medical 
9history, performing photo documentation, performing a physical 
10and anogenital examination, assessing the patient for evidence 
11collection, collecting evidence in accordance with a statewide 
12sexual assault evidence collection program administered by the 
13Department of State Police using the Illinois State Police 
14Sexual Assault Evidence Collection Kit, if appropriate, 
15assessing the patient for drug-facilitated or 
16alcohol-facilitated sexual assault, providing an evaluation of 
17and care for sexually transmitted infection and human 
18immunodeficiency virus (HIV), pregnancy risk evaluation and 
19care, and discharge and follow-up healthcare planning. 
20 "Pediatric health care facility" means a clinic or 
21physician's office that provides medical services to pediatric 
22patients.
23 "Pediatric sexual assault survivor" means a person under 
24the age of 13 who presents for medical forensic services in 
25relation to injuries or trauma resulting from a sexual 
26assault.
 
 
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1 "Photo documentation" means digital photographs or 
2colposcope videos stored and backed up securely in the 
3original file format. 
4 "Physician" means a person licensed to practice medicine 
5in all its branches.

6 "Physician assistant" has the meaning provided in Section 
74 of the Physician Assistant Practice Act of 1987.
8 "Prepubescent sexual assault survivor" means a female who 
9is under the age of 18 years and has not had a first menstrual 
10cycle or a male who is under the age of 18 years and has not 
11started to develop secondary sex characteristics who presents 
12for medical forensic services in relation to injuries or 
13trauma resulting from a sexual assault.
14 "Qualified medical provider" means a board-certified child 
15abuse pediatrician, board-eligible child abuse pediatrician, a 
16sexual assault forensic examiner, or a sexual assault nurse 
17examiner who has access to photo documentation tools, and who 
18participates in peer review. 
19 "Registered Professional Nurse" has the meaning provided 
20in Section 50-10 of the Nurse Practice Act. 
21 "Sexual assault" means:
22  (1) an act of sexual conduct; as used in this 
23 paragraph, "sexual conduct" has the meaning provided under 
24 Section 11-0.1 of the Criminal Code of 2012; or
25  (2) any act of sexual penetration; as used in this 
26 paragraph, "sexual penetration" has the meaning provided 
 
 
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1 under Section 11-0.1 of the Criminal Code of 2012 and 
2 includes, without limitation, acts prohibited under 
3 Sections 11-1.20 through 11-1.60 of the Criminal Code of 
4 2012.

5 "Sexual assault forensic examiner" means a physician or 
6physician assistant who has completed training that meets or 
7is substantially similar to the Sexual Assault Nurse Examiner 
8Education Guidelines established by the International 
9Association of Forensic Nurses.
10 "Sexual assault nurse examiner" means an advanced practice 
11registered nurse or registered professional nurse who has 
12completed a sexual assault nurse examiner training program 
13that meets the Sexual Assault Nurse Examiner Education 
14Guidelines established by the International Association of 
15Forensic Nurses.
16 "Sexual assault services voucher" means a document 
17generated by a hospital or approved pediatric health care 
18facility at the time the sexual assault survivor receives 
19outpatient medical forensic services that may be used to seek 
20payment for any ambulance services, medical forensic services, 
21laboratory services, pharmacy services, and follow-up 
22healthcare provided as a result of the sexual assault. 
23 "Sexual assault survivor" means a person who presents for 
24medical forensic services in relation to injuries or trauma 
25resulting from a sexual assault.

26 "Sexual assault transfer plan" means a written plan 
 
 
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1developed by a hospital and approved by the Department, which 
2describes the hospital's procedures for transferring sexual 
3assault survivors to another hospital, and an approved 
4pediatric health care facility, if applicable, in order to 
5receive medical forensic services.
6 "Sexual assault treatment plan" means a written plan that 
7describes the procedures and protocols for providing medical 
8forensic services to sexual assault survivors who present 
9themselves for such services, either directly or through 
10transfer from a hospital or an approved pediatric health care 
11facility.

12 "Transfer hospital" means a hospital with a sexual assault 
13transfer plan approved by the Department. 
14 "Transfer services" means the appropriate medical 
15screening examination and necessary stabilizing treatment 
16prior to the transfer of a sexual assault survivor to a 
17hospital or an approved pediatric health care facility that 
18provides medical forensic services to sexual assault survivors 
19pursuant to a sexual assault treatment plan or areawide sexual 
20assault treatment plan.

21 "Treatment hospital" means a hospital with a sexual 
22assault treatment plan approved by the Department to provide 
23medical forensic services to all sexual assault survivors who 
24present with a complaint of sexual assault within a minimum of 
25the last 7 days or who have disclosed past sexual assault by a 
26specific individual and were in the care of that individual 
 
 
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1within a minimum of the last 7 days.
2 "Treatment hospital with approved pediatric transfer" 
3means a hospital with a treatment plan approved by the 
4Department to provide medical forensic services to sexual 
5assault survivors 13 years old or older who present with a 
6complaint of sexual assault within a minimum of the last 7 days 
7or who have disclosed past sexual assault by a specific 
8individual and were in the care of that individual within a 
9minimum of the last 7 days. 
10 (b) This Section is effective on and after January 1, 2022 
11July 1, 2021. 
12(Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19; 
13101-81, eff. 7-12-19; 101-634, eff. 6-5-20.)


14 (410 ILCS 70/1a-1)
15 (Section scheduled to be repealed on June 30, 2021)
16 Sec. 1a-1. Definitions.
17 (a) In this Act:
18 "Advanced practice registered nurse" has the meaning 
19provided in Section 50-10 of the Nurse Practice Act.
20 "Ambulance provider" means an individual or entity that 
21owns and operates a business or service using ambulances or 
22emergency medical services vehicles to transport emergency 
23patients.
24 "Approved pediatric health care facility" means a health 
25care facility, other than a hospital, with a sexual assault 
 
 
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1treatment plan approved by the Department to provide medical 
2forensic services to pediatric sexual assault survivors who 
3present with a complaint of sexual assault within a minimum of 
4the last 7 days or who have disclosed past sexual assault by a 
5specific individual and were in the care of that individual 
6within a minimum of the last 7 days.
7 "Approved federally qualified health center" means a 
8facility as defined in Section 1905(l)(2)(B) of the federal 
9Social Security Act with a sexual assault treatment plan 
10approved by the Department to provide medical forensic 
11services to sexual assault survivors 13 years old or older who 
12present with a complaint of sexual assault within a minimum of 
13the last 7 days or who have disclosed past sexual assault by a 
14specific individual and were in the care of that individual 
15within a minimum of the last 7 days.
16 "Areawide sexual assault treatment plan" means a plan, 
17developed by hospitals or by hospitals, approved pediatric 
18health care facilities, and approved federally qualified 
19health centers in a community or area to be served, which 
20provides for medical forensic services to sexual assault 
21survivors that shall be made available by each of the 
22participating hospitals and approved pediatric health care 
23facilities.
24 "Board-certified child abuse pediatrician" means a 
25physician certified by the American Board of Pediatrics in 
26child abuse pediatrics.
 
 
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1 "Board-eligible child abuse pediatrician" means a 
2physician who has completed the requirements set forth by the 
3American Board of Pediatrics to take the examination for 
4certification in child abuse pediatrics.
5 "Department" means the Department of Public Health.
6 "Emergency contraception" means medication as approved by 
7the federal Food and Drug Administration (FDA) that can 
8significantly reduce the risk of pregnancy if taken within 72 
9hours after sexual assault.
10 "Federally qualified health center" means a facility as 
11defined in Section 1905(l)(2)(B) of the federal Social 
12Security Act that provides primary care or sexual health 
13services.
14 "Follow-up healthcare" means healthcare services related 
15to a sexual assault, including laboratory services and 
16pharmacy services, rendered within 90 days of the initial 
17visit for medical forensic services.
18 "Health care professional" means a physician, a physician 
19assistant, a sexual assault forensic examiner, an advanced 
20practice registered nurse, a registered professional nurse, a 
21licensed practical nurse, or a sexual assault nurse examiner.
22 "Hospital" means a hospital licensed under the Hospital 
23Licensing Act or operated under the University of Illinois 
24Hospital Act, any outpatient center included in the hospital's 
25sexual assault treatment plan where hospital employees provide 
26medical forensic services, and an out-of-state hospital that 
 
 
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1has consented to the jurisdiction of the Department under 
2Section 2.06-1.
3 "Illinois State Police Sexual Assault Evidence Collection 
4Kit" means a prepackaged set of materials and forms to be used 
5for the collection of evidence relating to sexual assault. The 
6standardized evidence collection kit for the State of Illinois 
7shall be the Illinois State Police Sexual Assault Evidence 
8Collection Kit.
9 "Law enforcement agency having jurisdiction" means the law 
10enforcement agency in the jurisdiction where an alleged sexual 
11assault or sexual abuse occurred.
12 "Licensed practical nurse" has the meaning provided in 
13Section 50-10 of the Nurse Practice Act.
14 "Medical forensic services" means health care delivered to 
15patients within or under the care and supervision of personnel 
16working in a designated emergency department of a hospital, 
17approved pediatric health care facility, or an approved 
18federally qualified health centers.
19 "Medical forensic services" includes, but is not limited 
20to, taking a medical history, performing photo documentation, 
21performing a physical and anogenital examination, assessing 
22the patient for evidence collection, collecting evidence in 
23accordance with a statewide sexual assault evidence collection 
24program administered by the Department of State Police using 
25the Illinois State Police Sexual Assault Evidence Collection 
26Kit, if appropriate, assessing the patient for 
 
 
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1drug-facilitated or alcohol-facilitated sexual assault, 
2providing an evaluation of and care for sexually transmitted 
3infection and human immunodeficiency virus (HIV), pregnancy 
4risk evaluation and care, and discharge and follow-up 
5healthcare planning.
6 "Pediatric health care facility" means a clinic or 
7physician's office that provides medical services to pediatric 
8patients.
9 "Pediatric sexual assault survivor" means a person under 
10the age of 13 who presents for medical forensic services in 
11relation to injuries or trauma resulting from a sexual 
12assault.
13 "Photo documentation" means digital photographs or 
14colposcope videos stored and backed up securely in the 
15original file format.
16 "Physician" means a person licensed to practice medicine 
17in all its branches.
18 "Physician assistant" has the meaning provided in Section 
194 of the Physician Assistant Practice Act of 1987.
20 "Prepubescent sexual assault survivor" means a female who 
21is under the age of 18 years and has not had a first menstrual 
22cycle or a male who is under the age of 18 years and has not 
23started to develop secondary sex characteristics who presents 
24for medical forensic services in relation to injuries or 
25trauma resulting from a sexual assault.
26 "Qualified medical provider" means a board-certified child 
 
 
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1abuse pediatrician, board-eligible child abuse pediatrician, a 
2sexual assault forensic examiner, or a sexual assault nurse 
3examiner who has access to photo documentation tools, and who 
4participates in peer review.
5 "Registered Professional Nurse" has the meaning provided 
6in Section 50-10 of the Nurse Practice Act.
7 "Sexual assault" means:
8  (1) an act of sexual conduct; as used in this 
9 paragraph, "sexual conduct" has the meaning provided under 
10 Section 11-0.1 of the Criminal Code of 2012; or
11  (2) any act of sexual penetration; as used in this 
12 paragraph, "sexual penetration" has the meaning provided 
13 under Section 11-0.1 of the Criminal Code of 2012 and 
14 includes, without limitation, acts prohibited under 
15 Sections 11-1.20 through 11-1.60 of the Criminal Code of 
16 2012.
17 "Sexual assault forensic examiner" means a physician or 
18physician assistant who has completed training that meets or 
19is substantially similar to the Sexual Assault Nurse Examiner 
20Education Guidelines established by the International 
21Association of Forensic Nurses.
22 "Sexual assault nurse examiner" means an advanced practice 
23registered nurse or registered professional nurse who has 
24completed a sexual assault nurse examiner training program 
25that meets the Sexual Assault Nurse Examiner Education 
26Guidelines established by the International Association of 
 
 
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1Forensic Nurses.
2 "Sexual assault services voucher" means a document 
3generated by a hospital or approved pediatric health care 
4facility at the time the sexual assault survivor receives 
5outpatient medical forensic services that may be used to seek 
6payment for any ambulance services, medical forensic services, 
7laboratory services, pharmacy services, and follow-up 
8healthcare provided as a result of the sexual assault.
9 "Sexual assault survivor" means a person who presents for 
10medical forensic services in relation to injuries or trauma 
11resulting from a sexual assault.
12 "Sexual assault transfer plan" means a written plan 
13developed by a hospital and approved by the Department, which 
14describes the hospital's procedures for transferring sexual 
15assault survivors to another hospital, and an approved 
16pediatric health care facility, if applicable, in order to 
17receive medical forensic services.
18 "Sexual assault treatment plan" means a written plan that 
19describes the procedures and protocols for providing medical 
20forensic services to sexual assault survivors who present 
21themselves for such services, either directly or through 
22transfer from a hospital or an approved pediatric health care 
23facility.
24 "Transfer hospital" means a hospital with a sexual assault 
25transfer plan approved by the Department.
26 "Transfer services" means the appropriate medical 
 
 
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1screening examination and necessary stabilizing treatment 
2prior to the transfer of a sexual assault survivor to a 
3hospital or an approved pediatric health care facility that 
4provides medical forensic services to sexual assault survivors 
5pursuant to a sexual assault treatment plan or areawide sexual 
6assault treatment plan.
7 "Treatment hospital" means a hospital with a sexual 
8assault treatment plan approved by the Department to provide 
9medical forensic services to all sexual assault survivors who 
10present with a complaint of sexual assault within a minimum of 
11the last 7 days or who have disclosed past sexual assault by a 
12specific individual and were in the care of that individual 
13within a minimum of the last 7 days.
14 "Treatment hospital with approved pediatric transfer" 
15means a hospital with a treatment plan approved by the 
16Department to provide medical forensic services to sexual 
17assault survivors 13 years old or older who present with a 
18complaint of sexual assault within a minimum of the last 7 days 
19or who have disclosed past sexual assault by a specific 
20individual and were in the care of that individual within a 
21minimum of the last 7 days.
22 (b) This Section is repealed on December 31 June 30, 2021. 

23(Source: P.A. 101-634, eff. 6-5-20.)



24 (410 ILCS 70/2) (from Ch. 111 1/2, par. 87-2)



25 Sec. 2. Hospital and approved pediatric health care 
 
 
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1facility requirements for sexual assault plans.
 
2 (a) Every hospital
required to be licensed by the 
3Department pursuant to
the Hospital Licensing Act, or operated 
4under the University of Illinois Hospital Act that provides 
5general medical and surgical hospital services
shall provide 
6either (i) transfer services to all sexual assault survivors, 
7(ii) medical forensic services to all sexual assault 
8survivors, or (iii) transfer services to pediatric sexual 
9assault survivors and medical forensic services to sexual 
10assault survivors 13 years old or older, in accordance with 
11rules adopted by the Department.

12 In addition, every such hospital, regardless of whether or 
13not a request
is made for reimbursement, shall submit
to the 
14Department a plan to provide either (i) transfer services to 
15all sexual assault survivors, (ii) medical forensic services 
16to all sexual assault survivors, or (iii) transfer services to 
17pediatric sexual assault survivors and medical forensic 
18services to sexual assault survivors 13 years old or older.

19The
Department shall approve such plan for
either (i) transfer 
20services to all sexual assault survivors, (ii) medical 
21forensic services
to all sexual assault survivors, or (iii) 
22transfer services to pediatric sexual assault survivors and 
23medical forensic services to sexual assault survivors 13 years 
24old or older, if it finds that the implementation of
the 
25proposed plan would provide (i) transfer services or (ii) 
26medical forensic services for
sexual assault survivors in 
 
 
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1accordance with the requirements of this Act and provide 
2sufficient protections from the
risk of pregnancy to
sexual 
3assault survivors. Notwithstanding anything to the contrary in 
4this paragraph, the Department may approve a sexual assault 
5transfer plan for the provision of medical forensic services 
6until January 1, 2022 if: 
7  (1) a treatment hospital with approved pediatric 
8 transfer has agreed, as part of an areawide treatment 
9 plan, to accept sexual assault survivors 13 years of age 
10 or older from the proposed transfer hospital, if the 
11 treatment hospital with approved pediatric transfer is 
12 geographically closer to the transfer hospital than a 
13 treatment hospital or another treatment hospital with 
14 approved pediatric transfer and such transfer is not 
15 unduly burdensome on the sexual assault survivor; and
16  (2) a treatment hospital has agreed, as a part of an 
17 areawide treatment plan, to accept sexual assault 
18 survivors under 13 years of age from the proposed transfer 
19 hospital and transfer to the treatment hospital would not 
20 unduly burden the sexual assault survivor.

21 The Department may not approve a sexual assault transfer 
22plan unless a treatment hospital has agreed, as a part of an 
23areawide treatment plan, to accept sexual assault survivors 
24from the proposed transfer hospital and a transfer to the 
25treatment hospital would not unduly burden the sexual assault 
26survivor.
 
 
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1 In counties with a population of less than 1,000,000, the 
2Department may not approve a sexual assault transfer plan for 
3a hospital located within a 20-mile radius of a 4-year public 
4university, not including community colleges, unless there is 
5a treatment hospital with a sexual assault treatment plan 
6approved by the Department within a 20-mile radius of the 
74-year public university. 
8 A transfer must be in accordance with federal and State 
9laws and local ordinances. 
10 A treatment hospital with approved pediatric transfer must 
11submit an areawide treatment plan under Section 3 of this Act 
12that includes a written agreement with a treatment hospital 
13stating that the treatment hospital will provide medical 
14forensic services to pediatric sexual assault survivors 
15transferred from the treatment hospital with approved 
16pediatric transfer. The areawide treatment plan may also 
17include an approved pediatric health care facility.
18 A transfer hospital must submit an areawide treatment plan 
19under Section 3 of this Act that includes a written agreement 
20with a treatment hospital stating that the treatment hospital 
21will provide medical forensic services to all sexual assault 
22survivors transferred from the transfer hospital. The areawide 
23treatment plan may also include an approved pediatric health 
24care facility. Notwithstanding anything to the contrary in 
25this paragraph, until January 1, 2022, the areawide treatment 
26plan may include a written agreement with a treatment hospital 
 
 
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1with approved pediatric transfer that is geographically closer 
2than other hospitals providing medical forensic services to 
3sexual assault survivors 13 years of age or older stating that 
4the treatment hospital with approved pediatric transfer will 
5provide medical services to sexual assault survivors 13 years 
6of age or older who are transferred from the transfer 
7hospital. If the areawide treatment plan includes a written 
8agreement with a treatment hospital with approved pediatric 
9transfer, it must also include a written agreement with a 
10treatment hospital stating that the treatment hospital will 
11provide medical forensic services to sexual assault survivors 
12under 13 years of age who are transferred from the transfer 
13hospital. 
14 Beginning January 1, 2019, each treatment hospital and 
15treatment hospital with approved pediatric transfer shall 
16ensure that emergency department attending physicians, 
17physician assistants, advanced practice registered nurses, and 
18registered professional nurses providing clinical services, 
19who do not meet the definition of a qualified medical provider 
20in Section 1a of this Act, receive a minimum of 2 hours of 
21sexual assault training by July 1, 2020 or until the treatment 
22hospital or treatment hospital with approved pediatric 
23transfer certifies to the Department, in a form and manner 
24prescribed by the Department, that it employs or contracts 
25with a qualified medical provider in accordance with 
26subsection (a-7) of Section 5, whichever occurs first.
 
 
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1 After July 1, 2020 or once a treatment hospital or a 
2treatment hospital with approved pediatric transfer certifies 
3compliance with subsection (a-7) of Section 5, whichever 
4occurs first, each treatment hospital and treatment hospital 
5with approved pediatric transfer shall ensure that emergency 
6department attending physicians, physician assistants, 
7advanced practice registered nurses, and registered 
8professional nurses providing clinical services, who do not 
9meet the definition of a qualified medical provider in Section 
101a of this Act, receive a minimum of 2 hours of continuing 
11education on responding to sexual assault survivors every 2 
12years. Protocols for training shall be included in the 
13hospital's sexual assault treatment plan. 
14 Sexual assault training provided under this subsection may 
15be provided in person or online and shall include, but not be 
16limited to: 
17  (1) information provided on the provision of medical 
18 forensic services;
19  (2) information on the use of the Illinois Sexual 
20 Assault Evidence Collection Kit;
21  (3) information on sexual assault epidemiology, 
22 neurobiology of trauma, drug-facilitated sexual assault, 
23 child sexual abuse, and Illinois sexual assault-related 
24 laws; and
25  (4) information on the hospital's sexual 
26 assault-related policies and procedures.
 
 
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1 The online training made available by the Office of the 
2Attorney General under subsection (b) of Section 10 may be 
3used to comply with this subsection. 
4 (b) An approved pediatric health care facility may provide 
5medical forensic services, in accordance with rules adopted by 
6the Department, to all pediatric sexual assault survivors who 
7present for medical forensic services in relation to injuries 
8or trauma resulting from a sexual assault. These services 
9shall be provided by a qualified medical provider. 
10 A pediatric health care facility must participate in or 
11submit an areawide treatment plan under Section 3 of this Act 
12that includes a treatment hospital. If a pediatric health care 
13facility does not provide certain medical or surgical services 
14that are provided by hospitals, the areawide sexual assault 
15treatment plan must include a procedure for ensuring a sexual 
16assault survivor in need of such medical or surgical services 
17receives the services at the treatment hospital. The areawide 
18treatment plan may also include a treatment hospital with 
19approved pediatric transfer.
20 The Department shall review a proposed sexual assault 
21treatment plan submitted by a pediatric health care facility 
22within 60 days after receipt of the plan. If the Department 
23finds that the proposed plan meets the minimum requirements 
24set forth in Section 5 of this Act and that implementation of 
25the proposed plan would provide medical forensic services for 
26pediatric sexual assault survivors, then the Department shall 
 
 
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1approve the plan. If the Department does not approve a plan, 
2then the Department shall notify the pediatric health care 
3facility that the proposed plan has not been approved. The 
4pediatric health care facility shall have 30 days to submit a 
5revised plan. The Department shall review the revised plan 
6within 30 days after receipt of the plan and notify the 
7pediatric health care facility whether the revised plan is 
8approved or rejected. A pediatric health care facility may not 
9provide medical forensic services to pediatric sexual assault 
10survivors who present with a complaint of sexual assault 
11within a minimum of the last 7 days or who have disclosed past 
12sexual assault by a specific individual and were in the care of 
13that individual within a minimum of the last 7 days until the 
14Department has approved a treatment plan.
15 If an approved pediatric health care facility is not open 
1624 hours a day, 7 days a week, it shall post signage at each 
17public entrance to its facility that: 
18  (1) is at least 14 inches by 14 inches in size;
19  (2) directs those seeking services as follows: "If 
20 closed, call 911 for services or go to the closest 
21 hospital emergency department, (insert name) located at 
22 (insert address).";
23  (3) lists the approved pediatric health care 
24 facility's hours of operation;
25  (4) lists the street address of the building;
26  (5) has a black background with white bold capital 
 
 
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1 lettering in a clear and easy to read font that is at least 
2 72-point type, and with "call 911" in at least 125-point 
3 type;
4  (6) is posted clearly and conspicuously on or adjacent 
5 to the door at each entrance and, if building materials 
6 allow, is posted internally for viewing through glass; if 
7 posted externally, the sign shall be made of 
8 weather-resistant and theft-resistant materials, 
9 non-removable, and adhered permanently to the building; 
10 and
11  (7) has lighting that is part of the sign itself or is 
12 lit with a dedicated light that fully illuminates the 
13 sign.
14 A copy of the proposed sign must be submitted to the 
15Department and approved as part of the approved pediatric 
16health care facility's sexual assault treatment plan. 
17 (c) Each treatment hospital, treatment hospital with 
18approved pediatric transfer, and approved pediatric health 
19care facility must enter into a memorandum of understanding 
20with a rape crisis center for medical advocacy services, if 
21these services are available to the treatment hospital, 
22treatment hospital with approved pediatric transfer, or 
23approved pediatric health care facility. With the consent of 
24the sexual assault survivor, a rape crisis counselor shall 
25remain in the exam room during the collection for forensic 
26evidence.
 
 
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1 (d) Every treatment hospital, treatment hospital with 
2approved pediatric transfer, and approved pediatric health 
3care facility's sexual assault treatment plan shall include 
4procedures for complying with mandatory reporting requirements 
5pursuant to (1) the Abused and Neglected Child Reporting Act; 
6(2) the Abused and Neglected Long Term Care Facility Residents 
7Reporting Act; (3) the Adult Protective Services Act; and (iv) 
8the Criminal Identification Act.
9 (e) Each treatment hospital, treatment hospital with 
10approved pediatric transfer, and approved pediatric health 
11care facility shall submit to the Department every 6 months, 
12in a manner prescribed by the Department, the following 
13information: 
14  (1) The total number of patients who presented with a 
15 complaint of sexual assault.
16  (2) The total number of Illinois Sexual Assault 
17 Evidence Collection Kits: 
18   (A) offered to (i) all sexual assault survivors 
19 and (ii) pediatric sexual assault survivors
pursuant 
20 to paragraph (1.5) of subsection (a-5) of Section 5;
21   (B) completed for (i) all sexual assault survivors 
22 and (ii) pediatric sexual assault
survivors; and
23   (C) declined by (i) all sexual assault survivors 
24 and (ii) pediatric sexual assault survivors.
25 This information shall be made available on the 
26Department's website.

 
 
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1 (f) This Section is effective on and after January 1, 2022 
2July 1, 2021. 
3(Source: P.A. 100-775, eff. 1-1-19; 101-73, eff. 7-12-19; 
4101-634, eff. 6-5-20.)


5 (410 ILCS 70/2-1)
6 (Section scheduled to be repealed on June 30, 2021)
7 Sec. 2-1. Hospital, approved pediatric health care 
8facility, and approved federally qualified health center 
9requirements for sexual assault plans.
10 (a) Every hospital
required to be licensed by the 
11Department pursuant to
the Hospital Licensing Act, or operated 
12under the University of Illinois Hospital Act that provides 
13general medical and surgical hospital services
shall provide 
14either (i) transfer services to all sexual assault survivors, 
15(ii) medical forensic services to all sexual assault 
16survivors, or (iii) transfer services to pediatric sexual 
17assault survivors and medical forensic services to sexual 
18assault survivors 13 years old or older, in accordance with 
19rules adopted by the Department. 
20 In addition, every such hospital, regardless of whether or 
21not a request
is made for reimbursement, shall submit
to the 
22Department a plan to provide either (i) transfer services to 
23all sexual assault survivors, (ii) medical forensic services 
24to all sexual assault survivors, or (iii) transfer services to 
25pediatric sexual assault survivors and medical forensic 
 
 
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1services to sexual assault survivors 13 years old or older.

2The
Department shall approve such plan for
either (i) transfer 
3services to all sexual assault survivors, (ii) medical 
4forensic services
to all sexual assault survivors, or (iii) 
5transfer services to pediatric sexual assault survivors and 
6medical forensic services to sexual assault survivors 13 years 
7old or older, if it finds that the implementation of
the 
8proposed plan would provide (i) transfer services or (ii) 
9medical forensic services for
sexual assault survivors in 
10accordance with the requirements of this Act and provide 
11sufficient protections from the
risk of pregnancy to
sexual 
12assault survivors. Notwithstanding anything to the contrary in 
13this paragraph, the Department may approve a sexual assault 
14transfer plan for the provision of medical forensic services 
15until January 1, 2022 if: 
16  (1) a treatment hospital with approved pediatric 
17 transfer has agreed, as part of an areawide treatment 
18 plan, to accept sexual assault survivors 13 years of age 
19 or older from the proposed transfer hospital, if the 
20 treatment hospital with approved pediatric transfer is 
21 geographically closer to the transfer hospital than a 
22 treatment hospital or another treatment hospital with 
23 approved pediatric transfer and such transfer is not 
24 unduly burdensome on the sexual assault survivor; and 
25  (2) a treatment hospital has agreed, as a part of an 
26 areawide treatment plan, to accept sexual assault 
 
 
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1 survivors under 13 years of age from the proposed transfer 
2 hospital and transfer to the treatment hospital would not 
3 unduly burden the sexual assault survivor. 
4 The Department may not approve a sexual assault transfer 
5plan unless a treatment hospital has agreed, as a part of an 
6areawide treatment plan, to accept sexual assault survivors 
7from the proposed transfer hospital and a transfer to the 
8treatment hospital would not unduly burden the sexual assault 
9survivor. 
10 In counties with a population of less than 1,000,000, the 
11Department may not approve a sexual assault transfer plan for 
12a hospital located within a 20-mile radius of a 4-year public 
13university, not including community colleges, unless there is 
14a treatment hospital with a sexual assault treatment plan 
15approved by the Department within a 20-mile radius of the 
164-year public university. 
17 A transfer must be in accordance with federal and State 
18laws and local ordinances. 
19 A treatment hospital with approved pediatric transfer must 
20submit an areawide treatment plan under Section 3-1 of this 
21Act that includes a written agreement with a treatment 
22hospital stating that the treatment hospital will provide 
23medical forensic services to pediatric sexual assault 
24survivors transferred from the treatment hospital with 
25approved pediatric transfer. The areawide treatment plan may 
26also include an approved pediatric health care facility. 
 
 
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1 A transfer hospital must submit an areawide treatment plan 
2under Section 3-1 of this Act that includes a written 
3agreement with a treatment hospital stating that the treatment 
4hospital will provide medical forensic services to all sexual 
5assault survivors transferred from the transfer hospital. The 
6areawide treatment plan may also include an approved pediatric 
7health care facility. Notwithstanding anything to the contrary 
8in this paragraph, until January 1, 2022, the areawide 
9treatment plan may include a written agreement with a 
10treatment hospital with approved pediatric transfer that is 
11geographically closer than other hospitals providing medical 
12forensic services to sexual assault survivors 13 years of age 
13or older stating that the treatment hospital with approved 
14pediatric transfer will provide medical services to sexual 
15assault survivors 13 years of age or older who are transferred 
16from the transfer hospital. If the areawide treatment plan 
17includes a written agreement with a treatment hospital with 
18approved pediatric transfer, it must also include a written 
19agreement with a treatment hospital stating that the treatment 
20hospital will provide medical forensic services to sexual 
21assault survivors under 13 years of age who are transferred 
22from the transfer hospital. 
23 Beginning January 1, 2019, each treatment hospital and 
24treatment hospital with approved pediatric transfer shall 
25ensure that emergency department attending physicians, 
26physician assistants, advanced practice registered nurses, and 
 
 
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1registered professional nurses providing clinical services, 
2who do not meet the definition of a qualified medical provider 
3in Section 1a-1 of this Act, receive a minimum of 2 hours of 
4sexual assault training by July 1, 2020 or until the treatment 
5hospital or treatment hospital with approved pediatric 
6transfer certifies to the Department, in a form and manner 
7prescribed by the Department, that it employs or contracts 
8with a qualified medical provider in accordance with 
9subsection (a-7) of Section 5-1, whichever occurs first. 
10 After July 1, 2020 or once a treatment hospital or a 
11treatment hospital with approved pediatric transfer certifies 
12compliance with subsection (a-7) of Section 5-1, whichever 
13occurs first, each treatment hospital and treatment hospital 
14with approved pediatric transfer shall ensure that emergency 
15department attending physicians, physician assistants, 
16advanced practice registered nurses, and registered 
17professional nurses providing clinical services, who do not 
18meet the definition of a qualified medical provider in Section 
191a-1 of this Act, receive a minimum of 2 hours of continuing 
20education on responding to sexual assault survivors every 2 
21years. Protocols for training shall be included in the 
22hospital's sexual assault treatment plan. 
23 Sexual assault training provided under this subsection may 
24be provided in person or online and shall include, but not be 
25limited to: 
26  (1) information provided on the provision of medical 
 
 
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1 forensic services; 
2  (2) information on the use of the Illinois Sexual 
3 Assault Evidence Collection Kit; 
4  (3) information on sexual assault epidemiology, 
5 neurobiology of trauma, drug-facilitated sexual assault, 
6 child sexual abuse, and Illinois sexual assault-related 
7 laws; and 
8  (4) information on the hospital's sexual 
9 assault-related policies and procedures. 
10 The online training made available by the Office of the 
11Attorney General under subsection (b) of Section 10-1 may be 
12used to comply with this subsection. 
13 (b) An approved pediatric health care facility may provide 
14medical forensic services, in accordance with rules adopted by 
15the Department, to all pediatric sexual assault survivors who 
16present for medical forensic services in relation to injuries 
17or trauma resulting from a sexual assault. These services 
18shall be provided by a qualified medical provider. 
19 A pediatric health care facility must participate in or 
20submit an areawide treatment plan under Section 3-1 of this 
21Act that includes a treatment hospital. If a pediatric health 
22care facility does not provide certain medical or surgical 
23services that are provided by hospitals, the areawide sexual 
24assault treatment plan must include a procedure for ensuring a 
25sexual assault survivor in need of such medical or surgical 
26services receives the services at the treatment hospital. The 
 
 
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1areawide treatment plan may also include a treatment hospital 
2with approved pediatric transfer. 
3 The Department shall review a proposed sexual assault 
4treatment plan submitted by a pediatric health care facility 
5within 60 days after receipt of the plan. If the Department 
6finds that the proposed plan meets the minimum requirements 
7set forth in Section 5-1 of this Act and that implementation of 
8the proposed plan would provide medical forensic services for 
9pediatric sexual assault survivors, then the Department shall 
10approve the plan. If the Department does not approve a plan, 
11then the Department shall notify the pediatric health care 
12facility that the proposed plan has not been approved. The 
13pediatric health care facility shall have 30 days to submit a 
14revised plan. The Department shall review the revised plan 
15within 30 days after receipt of the plan and notify the 
16pediatric health care facility whether the revised plan is 
17approved or rejected. A pediatric health care facility may not 
18provide medical forensic services to pediatric sexual assault 
19survivors who present with a complaint of sexual assault 
20within a minimum of the last 7 days or who have disclosed past 
21sexual assault by a specific individual and were in the care of 
22that individual within a minimum of the last 7 days until the 
23Department has approved a treatment plan. 
24 If an approved pediatric health care facility is not open 
2524 hours a day, 7 days a week, it shall post signage at each 
26public entrance to its facility that: 
 
 
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1  (1) is at least 14 inches by 14 inches in size; 
2  (2) directs those seeking services as follows: "If 
3 closed, call 911 for services or go to the closest 
4 hospital emergency department, (insert name) located at 
5 (insert address)."; 
6  (3) lists the approved pediatric health care 
7 facility's hours of operation; 
8  (4) lists the street address of the building; 
9  (5) has a black background with white bold capital 
10 lettering in a clear and easy to read font that is at least 
11 72-point type, and with "call 911" in at least 125-point 
12 type; 
13  (6) is posted clearly and conspicuously on or adjacent 
14 to the door at each entrance and, if building materials 
15 allow, is posted internally for viewing through glass; if 
16 posted externally, the sign shall be made of 
17 weather-resistant and theft-resistant materials, 
18 non-removable, and adhered permanently to the building; 
19 and 
20  (7) has lighting that is part of the sign itself or is 
21 lit with a dedicated light that fully illuminates the 
22 sign. 
23 (b-5) An approved federally qualified health center may 
24provide medical forensic services, in accordance with rules 
25adopted by the Department, to all sexual assault survivors 13 
26years old or older who present for medical forensic services 
 
 
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1in relation to injuries or trauma resulting from a sexual 
2assault during the duration, and 90 days thereafter, of a 
3proclamation issued by the Governor declaring a disaster, or a 
4successive proclamation regarding the same disaster, in all 
5102 counties due to a public health emergency. These services 
6shall be provided by (i) a qualified medical provider, 
7physician, physician assistant, or advanced practice 
8registered nurse who has received a minimum of 10 hours of 
9sexual assault training provided by a qualified medical 
10provider on current Illinois legislation, how to properly 
11perform a medical forensic examination, evidence collection, 
12drug and alcohol facilitated sexual assault, and forensic 
13photography and has all documentation and photos peer reviewed 
14by a qualified medical provider
or (ii) until the federally 
15qualified health care center certifies to the Department, in a 
16form and manner prescribed by the Department, that it employs 
17or contracts with a qualified medical provider in accordance 
18with subsection (a-7) of Section 5-1, whichever occurs first. 
19 A federally qualified health center must participate in or 
20submit an areawide treatment plan under Section 3-1 of this 
21Act that includes a treatment hospital. If a federally 
22qualified health center does not provide certain medical or 
23surgical services that are provided by hospitals, the areawide 
24sexual assault treatment plan must include a procedure for 
25ensuring a sexual assault survivor in need of such medical or 
26surgical services receives the services at the treatment 
 
 
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1hospital. The areawide treatment plan may also include a 
2treatment hospital with approved pediatric transfer or an 
3approved pediatric health care facility. 
4 The Department shall review a proposed sexual assault 
5treatment plan submitted by a federally qualified health 
6center within 14 days after receipt of the plan. If the 
7Department finds that the proposed plan meets the minimum 
8requirements set forth in Section 5-1 and that implementation 
9of the proposed plan would provide medical forensic services 
10for sexual assault survivors 13 years old or older, then the 
11Department shall approve the plan. If the Department does not 
12approve a plan, then the Department shall notify the federally 
13qualified health center that the proposed plan has not been 
14approved. The federally qualified health center shall have 14 
15days to submit a revised plan. The Department shall review the 
16revised plan within 14 days after receipt of the plan and 
17notify the federally qualified health center whether the 
18revised plan is approved or rejected. A federally qualified 
19health center may not (i) provide medical forensic services to 
20sexual assault survivors 13 years old or older who present 
21with a complaint of sexual assault within a minimum of the 
22previous 7 days or (ii) who have disclosed past sexual assault 
23by a specific individual and were in the care of that 
24individual within a minimum of the previous 7 days until the 
25Department has approved a treatment plan. 
26 If an approved federally qualified health center is not 
 
 
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1open 24 hours a day, 7 days a week, it shall post signage at 
2each public entrance to its facility that: 
3  (1) is at least 14 inches by 14 inches in size; 
4  (2) directs those seeking services as follows: "If 
5 closed, call 911 for services or go to the closest 
6 hospital emergency department, (insert name) located at 
7 (insert address)."; 
8  (3) lists the approved federally qualified health 
9 center's hours of operation; 
10  (4) lists the street address of the building; 
11  (5) has a black background with white bold capital 
12 lettering in a clear and easy to read font that is at least 
13 72-point type, and with "call 911" in at least 125-point 
14 type; 
15  (6) is posted clearly and conspicuously on or adjacent 
16 to the door at each entrance and, if building materials 
17 allow, is posted internally for viewing through glass; if 
18 posted externally, the sign shall be made of 
19 weather-resistant and theft-resistant materials, 
20 non-removable, and adhered permanently to the building; 
21 and 
22  (7) has lighting that is part of the sign itself or is 
23 lit with a dedicated light that fully illuminates the 
24 sign. 
25 A copy of the proposed sign must be submitted to the 
26Department and approved as part of the approved federally 
 
 
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1qualified health center's sexual assault treatment plan. 
2 (c) Each treatment hospital, treatment hospital with 
3approved pediatric transfer, approved pediatric health care 
4facility, and approved federally qualified health center must 
5enter into a memorandum of understanding with a rape crisis 
6center for medical advocacy services, if these services are 
7available to the treatment hospital, treatment hospital with 
8approved pediatric transfer, approved pediatric health care 
9facility, or approved federally qualified health center. With 
10the consent of the sexual assault survivor, a rape crisis 
11counselor shall remain in the exam room during the collection 
12for forensic evidence. 
13 (d) Every treatment hospital, treatment hospital with 
14approved pediatric transfer, approved pediatric health care 
15facility, and approved federally qualified health center's 
16sexual assault treatment plan shall include procedures for 
17complying with mandatory reporting requirements pursuant to 
18(1) the Abused and Neglected Child Reporting Act; (2) the 
19Abused and Neglected Long Term Care Facility Residents 
20Reporting Act; (3) the Adult Protective Services Act; and (iv) 
21the Criminal Identification Act. 
22 (e) Each treatment hospital, treatment hospital with 
23approved pediatric transfer, approved pediatric health care 
24facility, and approved federally qualified health center shall 
25submit to the Department every 6 months, in a manner 
26prescribed by the Department, the following information: 
 
 
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1  (1) The total number of patients who presented with a 
2 complaint of sexual assault. 
3  (2) The total number of Illinois Sexual Assault 
4 Evidence Collection Kits: 
5   (A) offered to (i) all sexual assault survivors 
6 and (ii) pediatric sexual assault survivors
pursuant 
7 to paragraph (1.5) of subsection (a-5) of Section 5-1; 
8   (B) completed for (i) all sexual assault survivors 
9 and (ii) pediatric sexual assault
survivors; and 
10   (C) declined by (i) all sexual assault survivors 
11 and (ii) pediatric sexual assault survivors. 
12 This information shall be made available on the 
13Department's website. 
14 (f) This Section is repealed on December 31 June 30, 2021. 

15(Source: P.A. 101-634, eff. 6-5-20.)

16 (410 ILCS 70/2.05)
17 Sec. 2.05. Department requirements.
18 (a) The Department shall periodically conduct on-site 
19reviews of approved sexual assault treatment plans with 
20hospital and approved pediatric health care facility personnel 
21to ensure that the established procedures are being followed. 
22Department personnel conducting the on-site reviews shall 
23attend 4 hours of sexual assault training conducted by a 
24qualified medical provider that includes, but is not limited 
25to, forensic evidence collection provided to sexual assault 
 
 
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1survivors of any age and Illinois sexual assault-related laws 
2and administrative rules.
3 (b) On July 1, 2019 and each July 1 thereafter, the 
4Department shall submit a report to the General Assembly 
5containing information on the hospitals and pediatric health 
6care facilities in this State that have submitted a plan to 
7provide: (i) transfer services to all sexual assault 
8survivors, (ii) medical forensic services to all sexual 
9assault survivors, (iii) transfer services to pediatric sexual 
10assault survivors and medical forensic services to sexual 
11assault survivors 13 years old or older, or (iv) medical 
12forensic services to pediatric sexual assault survivors. The 
13Department shall post the report on its Internet website on or 
14before October 1, 2019 and, except as otherwise provided in 
15this Section, update the report every quarter thereafter. The 
16report shall include all of the following:
17  (1) Each hospital and pediatric care facility that has 
18 submitted a plan, including the submission date of the 
19 plan, type of plan submitted, and the date the plan was 
20 approved or denied. If a pediatric health care facility 
21 withdraws its plan, the Department shall immediately 
22 update the report on its Internet website to remove the 
23 pediatric health care facility's name and information.
24  (2) Each hospital that has failed to submit a plan as 
25 required in subsection (a) of Section 2.
26  (3) Each hospital and approved pediatric care facility 
 
 
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1 that has to submit an acceptable Plan of Correction within 
2 the time required by Section 2.1, including the date the 
3 Plan of Correction was required to be submitted. Once a 
4 hospital or approved pediatric health care facility 
5 submits and implements the required Plan of Correction, 
6 the Department shall immediately update the report on its 
7 Internet website to reflect that hospital or approved 
8 pediatric health care facility's compliance.
9  (4) Each hospital and approved pediatric care facility 
10 at which the periodic on-site review required by Section 
11 2.05 of this Act has been conducted, including the date of 
12 the on-site review and whether the hospital or approved 
13 pediatric care facility was found to be in compliance with 
14 its approved plan.
15  (5) Each areawide treatment plan submitted to the 
16 Department pursuant to Section 3 of this Act, including 
17 which treatment hospitals, treatment hospitals with 
18 approved pediatric transfer, transfer hospitals and 
19 approved pediatric health care facilities are identified 
20 in each areawide treatment plan. 
21 (c) The Department, in consultation with the Office of the 
22Attorney General, shall adopt administrative rules by January 
231, 2020 establishing a process for physicians and physician 
24assistants to provide documentation of training and clinical 
25experience that meets or is substantially similar to the 
26Sexual Assault Nurse Examiner Education Guidelines established 
 
 
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1by the International Association of Forensic Nurses in order 
2to qualify as a sexual assault forensic examiner. 

3 (d) This Section is effective on and after January 1, 2022 
4July 1, 2021. 
5(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)

6 (410 ILCS 70/2.05-1)
7 (Section scheduled to be repealed on June 30, 2021)
8 Sec. 2.05-1. Department requirements.
9 (a) The Department shall periodically conduct on-site 
10reviews of approved sexual assault treatment plans with 
11hospital, approved pediatric health care facility, and 
12approved federally qualified health care personnel to ensure 
13that the established procedures are being followed. Department 
14personnel conducting the on-site reviews shall attend 4 hours 
15of sexual assault training conducted by a qualified medical 
16provider that includes, but is not limited to, forensic 
17evidence collection provided to sexual assault survivors of 
18any age and Illinois sexual assault-related laws and 
19administrative rules. 
20 (b) On July 1, 2019 and each July 1 thereafter, the 
21Department shall submit a report to the General Assembly 
22containing information on the hospitals, pediatric health care 
23facilities, and federally qualified health centers in this 
24State that have submitted a plan to provide: (i) transfer 
25services to all sexual assault survivors, (ii) medical 
 
 
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1forensic services to all sexual assault survivors, (iii) 
2transfer services to pediatric sexual assault survivors and 
3medical forensic services to sexual assault survivors 13 years 
4old or older, or (iv) medical forensic services to pediatric 
5sexual assault survivors. The Department shall post the report 
6on its Internet website on or before October 1, 2019 and, 
7except as otherwise provided in this Section, update the 
8report every quarter thereafter. The report shall include all 
9of the following: 
10  (1) Each hospital, pediatric care facility, and 
11 federally qualified health center that has submitted a 
12 plan, including the submission date of the plan, type of 
13 plan submitted, and the date the plan was approved or 
14 denied. If a pediatric health care facility withdraws its 
15 plan, the Department shall immediately update the report 
16 on its Internet website to remove the pediatric health 
17 care facility's name and information. 
18  (2) Each hospital that has failed to submit a plan as 
19 required in subsection (a) of Section 2-1. 
20  (3) Each hospital, approved pediatric care facility, 
21 and federally qualified health center that has to submit 
22 an acceptable Plan of Correction within the time required 
23 by Section 2.1-1, including the date the Plan of 
24 Correction was required to be submitted. Once a hospital, 
25 approved pediatric health care facility, or approved 
26 federally qualified health center submits and implements 
 
 
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1 the required Plan of Correction, the Department shall 
2 immediately update the report on its Internet website to 
3 reflect that hospital, approved pediatric health care 
4 facility, or federally qualified health center's 
5 compliance. 
6  (4) Each hospital, approved pediatric care facility, 
7 and federally qualified health center at which the 
8 periodic on-site review required by Section 2.05-1 of this 
9 Act has been conducted, including the date of the on-site 
10 review and whether the hospital, approved pediatric care 
11 facility, and federally qualified health center was found 
12 to be in compliance with its approved plan. 
13  (5) Each areawide treatment plan submitted to the 
14 Department pursuant to Section 3-1 of this Act, including 
15 which treatment hospitals, treatment hospitals with 
16 approved pediatric transfer, transfer hospitals, approved 
17 pediatric health care facilities, and approved federally 
18 qualified health centers are identified in each areawide 
19 treatment plan. 
20  (6) During the duration, and 90 days thereafter, of a 
21 proclamation issued by the Governor declaring a disaster, 
22 or a successive proclamation regarding the same disaster, 
23 in all 102 counties due to a public health emergency, the 
24 Department shall immediately update the report on its 
25 website to reflect each federally qualified health center 
26 that has submitted a plan, including the submission date 
 
 
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1 of the plan, type of plan submitted, and the date the plan 
2 was approved. 
3 (c) The Department, in consultation with the Office of the 
4Attorney General, shall adopt administrative rules by January 
51, 2020 establishing a process for physicians and physician 
6assistants to provide documentation of training and clinical 
7experience that meets or is substantially similar to the 
8Sexual Assault Nurse Examiner Education Guidelines established 
9by the International Association of Forensic Nurses in order 
10to qualify as a sexual assault forensic examiner.
11 (d) This Section is repealed on December 31 June 30, 2021. 

12(Source: P.A. 101-634, eff. 6-5-20.)

13 (410 ILCS 70/2.06)
14 Sec. 2.06. Consent to jurisdiction.  
15 (a) A pediatric health care facility that submits a plan 
16to the Department for approval under Section 2 or an 
17out-of-state hospital that submits an areawide treatment plan 
18in accordance with subsection (b) of Section 5.4 consents to 
19the jurisdiction and oversight of the Department, including, 
20but not limited to, inspections, investigations, and 
21evaluations arising out of complaints relevant to this Act 
22made to the Department. A pediatric health care facility that 
23submits a plan to the Department for approval under Section 2 
24or an out-of-state hospital that submits an areawide treatment 
25plan in accordance with subsection (b) of Section 5.4 shall be 
 
 
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1deemed to have given consent to annual inspections, surveys, 
2or evaluations relevant to this Act by properly identified 
3personnel of the Department or by such other properly 
4identified persons, including local health department staff, 
5as the Department may designate. In addition, representatives 
6of the Department shall have access to and may reproduce or 
7photocopy any books, records, and other documents maintained 
8by the pediatric health care facility or the facility's 
9representatives or the out-of-state hospital or the 
10out-of-state hospital's representative to the extent necessary 
11to carry out this Act. No representative, agent, or person 
12acting on behalf of the pediatric health care facility or 
13out-of-state hospital in any manner shall intentionally 
14prevent, interfere with, or attempt to impede in any way any 
15duly authorized investigation and enforcement of this Act. The 
16Department shall have the power to adopt rules to carry out the 
17purpose of regulating a pediatric health care facility or 
18out-of-state hospital. In carrying out oversight of a 
19pediatric health care facility or an out-of-state hospital, 
20the Department shall respect the confidentiality of all 
21patient records, including by complying with the patient 
22record confidentiality requirements set out in Section 6.14b 
23of the Hospital Licensing Act.

24 (b) This Section is effective on and after January 1, 2022 
25July 1, 2021. 
26(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)

 
 
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1 (410 ILCS 70/2.06-1)
2 (Section scheduled to be repealed on June 30, 2021)
3 Sec. 2.06-1. Consent to jurisdiction.
4 (a) A pediatric health care facility or federally 
5qualified health center that submits a plan to the Department 
6for approval under Section 2-1 or an out-of-state hospital 
7that submits an areawide treatment plan in accordance with 
8subsection (b) of Section 5.4 consents to the jurisdiction and 
9oversight of the Department, including, but not limited to, 
10inspections, investigations, and evaluations arising out of 
11complaints relevant to this Act made to the Department. A 
12pediatric health care facility or federally qualified health 
13center that submits a plan to the Department for approval 
14under Section 2-1 or an out-of-state hospital that submits an 
15areawide treatment plan in accordance with subsection (b) of 
16Section 5.4 shall be deemed to have given consent to annual 
17inspections, surveys, or evaluations relevant to this Act by 
18properly identified personnel of the Department or by such 
19other properly identified persons, including local health 
20department staff, as the Department may designate. In 
21addition, representatives of the Department shall have access 
22to and may reproduce or photocopy any books, records, and 
23other documents maintained by the pediatric health care 
24facility or the facility's representatives or the out-of-state 
25hospital or the out-of-state hospital's representative to the 
 
 
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1extent necessary to carry out this Act. No representative, 
2agent, or person acting on behalf of the pediatric health care 
3facility, federally qualified health center, or out-of-state 
4hospital in any manner shall intentionally prevent, interfere 
5with, or attempt to impede in any way any duly authorized 
6investigation and enforcement of this Act. The Department 
7shall have the power to adopt rules to carry out the purpose of 
8regulating a pediatric health care facility or out-of-state 
9hospital. In carrying out oversight of a pediatric health care 
10facility, federally qualified health center, or an 
11out-of-state hospital, the Department shall respect the 
12confidentiality of all patient records, including by complying 
13with the patient record confidentiality requirements set out 
14in Section 6.14b of the Hospital Licensing Act. 
15 (b) This Section is repealed on December 31 June 30, 2021. 

16(Source: P.A. 101-634, eff. 6-5-20.)



17 (410 ILCS 70/2.1) (from Ch. 111 1/2, par. 87-2.1)



18 Sec. 2.1. Plan of correction; penalties.

19 (a) If the Department surveyor determines that
the 
20hospital or approved pediatric health care facility is not
in 
21compliance with its approved plan, the surveyor shall provide 
22the
hospital or approved pediatric health care facility with a 
23written list of the specific items of noncompliance within
10 
24working days after the conclusion of the on-site review. The 
25hospital shall have
10 working days to submit to the 
 
 
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1Department a plan of
correction which
contains the hospital's 
2or approved pediatric health care facility's specific 
3proposals for correcting the items of
noncompliance. The 
4Department shall review the plan of
correction and
notify the 
5hospital in writing within 10 working days as to whether the 
6plan is acceptable
or unacceptable.

7 If the Department finds the Plan of Correction

8unacceptable, the
hospital or approved pediatric health care 
9facility shall have 10 working days to resubmit an acceptable 
10Plan of
Correction. Upon notification that its Plan of 
11Correction is acceptable, a
hospital or approved pediatric 
12health care facility shall implement the Plan of Correction 
13within 60 days.

14 (b) The failure of a hospital to submit an acceptable Plan 
15of Correction or to implement
the Plan of Correction, within 
16the time frames required in this Section,
will subject a 
17hospital to the imposition of a fine by the Department. The

18Department may impose a fine of up to $500 per day
until a 
19hospital
complies with the requirements of this Section.

20 If an approved pediatric health care facility fails to 
21submit an acceptable Plan of Correction or to implement the 
22Plan of Correction within the time frames required in this 
23Section, then the Department shall notify the approved 
24pediatric health care facility that the approved pediatric 
25health care facility may not provide medical forensic services 
26under this Act. The Department may impose a fine of up to $500 
 
 
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1per patient provided services in violation of this Act. 
2 (c) Before imposing a fine pursuant to this Section, the 
3Department shall
provide the hospital or approved pediatric 
4health care facility via certified mail with written notice 
5and an
opportunity for an administrative hearing. Such hearing 
6must be requested
within 10 working days after receipt of the 
7Department's Notice.
All hearings
shall be conducted in 
8accordance with the Department's
rules
in
administrative 
9hearings.

10 (d) This Section is effective on and after January 1, 2022 
11July 1, 2031. 
12(Source: P.A. 100-775, eff. 1-1-19; 101-81, eff. 7-12-19; 
13101-634, eff. 6-5-20.)


14 (410 ILCS 70/2.1-1)
15 (Section scheduled to be repealed on June 30, 2021)
16 Sec. 2.1-1. Plan of correction; penalties.
17 (a) If the Department surveyor determines that the 
18hospital, approved pediatric health care facility, or approved 
19federally qualified health center is not in compliance
with 
20its approved plan, the surveyor shall provide the hospital, 
21approved pediatric health care facility, or approved federally 
22qualified health center with a written list of the specific 
23items of noncompliance within 10 working days after the 
24conclusion of the on-site review. The hospital, approved 
25pediatric health care facility, or approved federally 
 
 
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1qualified health center shall have 10 working days to submit 
2to the Department a plan of correction which contains the 
3hospital's, approved pediatric health care facility's, or 
4approved federally qualified health center's specific 
5proposals for correcting the items of noncompliance. The 
6Department shall review the plan of correction and notify the 
7hospital, approved pediatric health care facility, or approved 
8federally qualified health center in writing within 10 working 
9days as to whether the plan is acceptable or unacceptable.
10 If the Department finds the Plan of Correction 
11unacceptable, the hospital, approved pediatric health care 
12facility, or approved federally qualified health center shall 
13have 10 working days to resubmit an acceptable Plan of 
14Correction. Upon notification that its Plan of Correction is 
15acceptable, a hospital, approved pediatric health care 
16facility, or approved federally qualified health center shall 
17implement the Plan of Correction within 60 days.
18 (b) The failure of a hospital to submit an acceptable Plan 
19of Correction or to implement
the Plan of Correction, within 
20the time frames required in this Section,
will subject a 
21hospital to the imposition of a fine by the Department. The

22Department may impose a fine of up to $500 per day
until a 
23hospital
complies with the requirements of this Section.
24 If an approved pediatric health care facility or approved 
25federally qualified health center fails to submit an 
26acceptable Plan of Correction or to implement the Plan of 
 
 
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1Correction within the time frames required in this Section, 
2then the Department shall notify the approved pediatric health 
3care facility or approved federally qualified health center 
4that the approved pediatric health care facility or approved 
5federally qualified health center may not provide medical 
6forensic services under this Act. The Department may impose a 
7fine of up to $500 per patient provided services in violation 
8of this Act.
9 (c) Before imposing a fine pursuant to this Section, the 
10Department shall provide the hospital, or approved pediatric 
11health care facility, or approved federally qualified health 
12center via certified mail with written notice and an 
13opportunity for an administrative hearing. Such hearing must 
14be requested within 10 working days after receipt of the 
15Department's Notice. All hearings shall be conducted in 
16accordance with the Department's rules in administrative 
17hearings.
18 (d) This Section is repealed on December 31 June 30, 2021.

19(Source: P.A. 101-634, eff. 6-5-20.)



20 (410 ILCS 70/2.2)


21 Sec. 2.2. Emergency contraception. 

22 (a) The General Assembly finds:

23  (1) Crimes of sexual assault and sexual abuse
cause 
24 significant physical, emotional, and
psychological trauma 
25 to the victims. This trauma is compounded by a victim's

 
 
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1 fear of becoming pregnant and bearing a child as a result 
2 of the sexual
assault.

3  (2) Each year over 32,000 women become pregnant in the 
4 United States as
the result of rape and
approximately 50% 
5 of these pregnancies end in abortion.

6  (3) As approved for use by the Federal Food and Drug 
7 Administration (FDA),
emergency contraception can 
8 significantly reduce the risk of pregnancy if taken
within 
9 72 hours after the sexual assault.

10  (4) By providing emergency contraception to rape 
11 victims in a timely
manner, the trauma of rape can be 
12 significantly reduced.

13 (b) Every hospital or approved pediatric health care 
14facility providing services to sexual
assault survivors in 
15accordance with a plan approved under Section 2 must
develop a 
16protocol that ensures that each survivor of sexual
assault 
17will receive medically and factually accurate and written and 
18oral
information about emergency contraception; the 
19indications and contraindications
and risks associated with 
20the use of emergency
contraception;
and a description of how 
21and when victims may be provided emergency
contraception at no 
22cost upon
the written order of a physician licensed to 
23practice medicine
in all its branches, a licensed advanced 
24practice registered nurse, or a licensed physician assistant. 
25The Department shall approve the protocol if it finds
that the 
26implementation of the protocol would provide sufficient 
 
 
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1protection
for survivors of sexual assault.

2 The hospital or approved pediatric health care facility 
3shall implement the protocol upon approval by the Department.

4The Department shall adopt rules and regulations establishing 
5one or more safe
harbor protocols and setting minimum 
6acceptable protocol standards that
hospitals may develop and 
7implement. The Department shall approve any protocol
that 
8meets those standards. The Department may provide a sample 
9acceptable
protocol upon request.

10 (c) This Section is effective on and after January 1, 2022 
11July 1, 2021. 
12(Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19; 
13101-634, eff. 6-5-20.)


14 (410 ILCS 70/2.2-1)
15 (Section scheduled to be repealed on June 30, 2021)
16 Sec. 2.2-1. Emergency contraception.
17 (a) The General Assembly finds:
18  (1) Crimes of sexual assault and sexual abuse
cause 
19 significant physical, emotional, and
psychological trauma 
20 to the victims. This trauma is compounded by a victim's

21 fear of becoming pregnant and bearing a child as a result 
22 of the sexual
assault.
23  (2) Each year over 32,000 women become pregnant in the 
24 United States as
the result of rape and
approximately 50% 
25 of these pregnancies end in abortion.
 
 
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1  (3) As approved for use by the Federal Food and Drug 
2 Administration (FDA),
emergency contraception can 
3 significantly reduce the risk of pregnancy if taken
within 
4 72 hours after the sexual assault.
5  (4) By providing emergency contraception to rape 
6 victims in a timely
manner, the trauma of rape can be 
7 significantly reduced.
8 (b) Every hospital, approved pediatric health care 
9facility, or approved federally qualified health center 
10providing services to sexual assault survivors in accordance 
11with a plan approved under Section 2-1 must develop a protocol 
12that ensures that each survivor of sexual assault will receive 
13medically and factually accurate and written and oral 
14information about emergency contraception; the indications and 
15contraindications and risks associated with the use of 
16emergency contraception; and a description of how and when 
17victims may be provided emergency contraception at no cost 
18upon the written order of a physician licensed to practice 
19medicine
in all its branches, a licensed advanced practice 
20registered nurse, or a licensed physician assistant. The 
21Department shall approve the protocol if it finds that the 
22implementation of the protocol would provide sufficient 
23protection for survivors of sexual assault.
24 The hospital, approved pediatric health care facility, or 
25approved federally qualified health center shall implement the 
26protocol upon approval by the Department. The Department shall 
 
 
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1adopt rules and regulations establishing one or more safe 
2harbor protocols and setting minimum acceptable protocol 
3standards that hospitals may develop and implement. The 
4Department shall approve any protocol that meets those 
5standards. The Department may provide a sample acceptable 
6protocol upon request.
7 (c) This Section is repealed on December 31 June 30, 2021.

8(Source: P.A. 101-634, eff. 6-5-20.)



9 (410 ILCS 70/3) (from Ch. 111 1/2, par. 87-3)



10 Sec. 3. Areawide sexual assault treatment plans; 
11submission. 
12 (a) Hospitals and approved pediatric health care 
13facilities in the area to be served may develop and 
14participate in areawide plans that shall describe the medical 
15forensic services to sexual assault survivors that each 
16participating hospital and approved pediatric health care 
17facility has agreed to make available. Each hospital and 
18approved pediatric health care facility participating in such 
19a plan shall provide such services as it is designated to 
20provide in the plan agreed upon by the participants. An 
21areawide plan may include treatment hospitals, treatment 
22hospitals with approved pediatric transfer, transfer 
23hospitals, approved pediatric health care facilities, or 
24out-of-state hospitals as provided in Section 5.4. All 
25areawide plans shall be submitted to the Department for 
 
 
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1approval, prior to becoming effective. The Department shall 
2approve a proposed plan if it finds that the minimum 
3requirements set forth in Section 5 and implementation of the 
4plan would provide for appropriate medical forensic services 
5for the people of the area to be served.

6 (b) This Section is effective on and after January 1, 2022 
7July 1, 2021. 
8(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)


9 (410 ILCS 70/3-1)
10 (Section scheduled to be repealed on June 30, 2021)
11 Sec. 3-1. Areawide sexual assault treatment plans; 
12submission.
13 (a) Hospitals, approved pediatric health care facilities, 
14and approved federally qualified health centers in the area to 
15be served may develop and participate in areawide plans that 
16shall describe the medical forensic services to sexual assault 
17survivors that each participating hospital, approved pediatric 
18health care facility, and approved federally qualified health 
19centers has agreed to make
available. Each hospital, approved 
20pediatric health care facility, and approved federally 
21qualified health center participating in such a plan shall 
22provide such services as it is designated to provide in the 
23plan agreed upon by the participants. An areawide plan may 
24include treatment hospitals, treatment hospitals with approved 
25pediatric transfer, transfer hospitals, approved pediatric 
 
 
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1health care facilities, approved federally qualified health 
2centers, or out-of-state hospitals as provided in Section 5.4. 
3All areawide plans shall be submitted to the Department for 
4approval, prior to becoming effective. The Department shall 
5approve a proposed plan if it finds that the minimum 
6requirements set forth in Section 5-1 and implementation of 
7the plan would provide for appropriate medical forensic 
8services for the people of the area to be served.
9 (b) This Section is repealed on December 31 June 30, 2021.

10(Source: P.A. 101-634, eff. 6-5-20.)



11 (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)


12 Sec. 5. Minimum requirements for medical forensic services 
13provided to sexual assault survivors by hospitals and approved 
14pediatric health care facilities.

15 (a) Every hospital and approved pediatric health care 
16facility providing medical forensic services to
sexual assault 
17survivors under this Act
shall, as minimum requirements for 
18such services, provide, with the consent
of the sexual assault 
19survivor, and as ordered by the attending
physician, an 
20advanced practice registered nurse, or a physician assistant, 
21the services set forth in subsection (a-5).

22 Beginning January 1, 2022, a qualified medical provider 
23must provide the services set forth in subsection (a-5). 
24 (a-5) A treatment hospital, a treatment hospital with 
25approved pediatric transfer, or an approved pediatric health 
 
 
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1care facility shall provide the following services in 
2accordance with subsection (a): 
3  (1) Appropriate medical forensic services without 
4 delay, in a private, age-appropriate or 
5 developmentally-appropriate space, required to ensure the 
6 health, safety, and welfare
of a sexual assault survivor 
7 and which may be
used as evidence in a criminal proceeding 
8 against a person accused of the
sexual assault, in a 
9 proceeding under the Juvenile Court Act of 1987, or in an 
10 investigation under the Abused and Neglected Child 
11 Reporting Act.
12  Records of medical forensic services, including 
13 results of examinations and tests, the Illinois State 
14 Police Medical Forensic Documentation Forms, the Illinois 
15 State Police Patient Discharge Materials, and the Illinois 
16 State Police Patient Consent: Collect and Test Evidence or 
17 Collect and Hold Evidence Form, shall be maintained by the 
18 hospital or approved pediatric health care facility as 
19 part of the patient's electronic medical record. 
20  Records of medical forensic services of sexual assault 
21 survivors under the age of 18 shall be retained by the 
22 hospital for a period of 60 years after the sexual assault 
23 survivor reaches the age of 18. Records of medical 
24 forensic services of sexual assault survivors 18 years of 
25 age or older shall be retained by the hospital for a period 
26 of 20 years after the date the record was created. 
 
 
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1  Records of medical forensic services may only be 
2 disseminated in accordance with Section 6.5 of this Act 
3 and other State and federal law. 

4  (1.5) An offer to complete the Illinois Sexual Assault 
5 Evidence Collection Kit for any sexual assault survivor 
6 who presents within a minimum of the last 7 days of the 
7 assault or who has disclosed past sexual assault by a 
8 specific individual and was in the care of that individual 
9 within a minimum of the last 7 days. 
10   (A) Appropriate oral and written information 
11 concerning evidence-based guidelines for the 
12 appropriateness of evidence collection depending on 
13 the sexual development of the sexual assault survivor, 
14 the type of sexual assault, and the timing of the 
15 sexual assault shall be provided to the sexual assault 
16 survivor. Evidence collection is encouraged for 
17 prepubescent sexual assault survivors who present to a 
18 hospital or approved pediatric health care facility 
19 with a complaint of sexual assault within a minimum of 
20 96 hours after the sexual assault. 
21   Before January 1, 2022, the information required 
22 under this subparagraph shall be provided in person by 
23 the health care professional providing medical 
24 forensic services directly to the sexual assault 
25 survivor.
26   On and after January 1, 2022, the information 
 
 
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1 required under this subparagraph shall be provided in 
2 person by the qualified medical provider providing 
3 medical forensic services directly to the sexual 
4 assault survivor.
5   The written information provided shall be the 
6 information created in accordance with Section 10 of 
7 this Act. 
8   (B) Following the discussion regarding the 
9 evidence-based guidelines for evidence collection in 
10 accordance with subparagraph (A), evidence collection 
11 must be completed at the sexual assault survivor's 
12 request. A sexual assault nurse examiner conducting an 
13 examination using the Illinois State Police Sexual 
14 Assault Evidence Collection Kit may do so without the 
15 presence or participation of a physician.
16  (2) Appropriate oral and written information 
17 concerning the possibility
of infection, sexually 
18 transmitted infection, including an evaluation of the 
19 sexual assault survivor's risk of contracting human 
20 immunodeficiency virus (HIV) from sexual assault, and 
21 pregnancy
resulting from sexual assault.

22  (3) Appropriate oral and written information 
23 concerning accepted medical
procedures, laboratory tests, 
24 medication, and possible contraindications of such 
25 medication
available for the prevention or treatment of 
26 infection or disease resulting
from sexual assault.

 
 
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1  (3.5) After a medical evidentiary or physical 
2 examination, access to a shower at no cost, unless 
3 showering facilities are unavailable.
4  (4) An amount of medication, including HIV 
5 prophylaxis, for treatment at the hospital or approved 
6 pediatric health care facility and after discharge as is 
7 deemed appropriate by the attending physician, an advanced 
8 practice registered nurse, or a physician assistant in 
9 accordance with the Centers for Disease Control and 
10 Prevention guidelines and consistent with the hospital's 
11 or approved pediatric health care facility's current 
12 approved protocol for sexual assault survivors.

13  (5) Photo documentation of the sexual assault 
14 survivor's injuries, anatomy involved in the assault, or 
15 other visible evidence on the sexual assault survivor's 
16 body to supplement the medical forensic history and 
17 written documentation of physical findings and evidence 
18 beginning July 1, 2019. Photo documentation does not 
19 replace written documentation of the injury.

20  (6) Written and oral instructions indicating the need 
21 for follow-up examinations and laboratory tests after the 
22 sexual assault to determine the presence or absence of

23 sexually transmitted infection.

24  (7) Referral by hospital or approved pediatric health 
25 care facility personnel for appropriate counseling.

26  (8) Medical advocacy services provided by a rape 
 
 
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1 crisis counselor whose communications are protected under 
2 Section 8-802.1 of the Code of Civil Procedure, if there 
3 is a memorandum of understanding between the hospital or 
4 approved pediatric health care facility and a rape crisis 
5 center. With the consent of the sexual assault survivor, a 
6 rape crisis counselor shall remain in the exam room during 
7 the medical forensic examination.

8  (9) Written information regarding services provided by 
9 a Children's Advocacy Center and rape crisis center, if 
10 applicable. 
11  (10) A treatment hospital, a treatment hospital with 
12 approved pediatric transfer, an out-of-state hospital as 
13 defined in Section 5.4, or an approved pediatric health 
14 care facility shall comply with the rules relating to the 
15 collection and tracking of sexual assault evidence adopted 
16 by the Department of State Police under Section 50 of the 
17 Sexual Assault Evidence Submission Act. 
18 (a-7) By January 1, 2022, every hospital with a treatment 
19plan approved by the Department shall employ or contract with 
20a qualified medical provider to initiate medical forensic 
21services to a sexual assault survivor within 90 minutes of the 
22patient presenting to the treatment hospital or treatment 
23hospital with approved pediatric transfer. The provision of 
24medical forensic services by a qualified medical provider 
25shall not delay the provision of life-saving medical care. 
26 (b) Any person who is a sexual assault survivor who seeks 
 
 
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1medical forensic services or follow-up healthcare
under this 
2Act shall be provided such services without the consent
of any 
3parent, guardian, custodian, surrogate, or agent. If a sexual 
4assault survivor is unable to consent to medical forensic 
5services, the services may be provided under the Consent by 
6Minors to Medical Procedures Act, the Health Care Surrogate 
7Act, or other applicable State and federal laws. 

8 (b-5) Every hospital or approved pediatric health care 
9facility providing medical forensic services to sexual assault 
10survivors shall issue a voucher to any sexual assault survivor 
11who is eligible to receive one in accordance with Section 5.2 
12of this Act. The hospital shall make a copy of the voucher and 
13place it in the medical record of the sexual assault survivor. 
14The hospital shall provide a copy of the voucher to the sexual 
15assault survivor after discharge upon request.
16 (c) Nothing in this Section creates a physician-patient 
17relationship that extends beyond discharge from the hospital 
18or approved pediatric health care facility.

19 (d) This Section is effective on and after January 1, 2022 
20July 1, 2021. 
21(Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19; 
22100-1087, eff. 1-1-19; 101-81, eff. 7-12-19; 101-377, eff. 
238-16-19; 101-634, eff. 6-5-20.)


24 (410 ILCS 70/5-1)
25 (Section scheduled to be repealed on June 30, 2021)
 
 
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1 Sec. 5-1. Minimum requirements for medical forensic 
2services provided to sexual assault survivors by hospitals, 
3approved pediatric health care facilities, and approved 
4federally qualified health centers.
5 (a) Every hospital, approved pediatric health care 
6facility, and approved federally qualified health center 
7providing medical forensic services to sexual assault 
8survivors under this Act shall, as minimum requirements for

9such services, provide, with the consent of the sexual assault 
10survivor, and as ordered by the attending physician, an 
11advanced practice registered nurse, or a physician assistant, 
12the services set forth in subsection (a-5).
13 Beginning January 1, 2022, a qualified medical provider 
14must provide the services set forth in subsection (a-5).
15 (a-5) A treatment hospital, a treatment hospital with 
16approved pediatric transfer, or an approved pediatric health 
17care facility, or an approved federally qualified health 
18center shall provide the following services in accordance with 
19subsection (a):
20  (1) Appropriate medical forensic services without 
21 delay, in a private, age-appropriate or 
22 developmentally-appropriate space, required to ensure the 
23 health, safety, and welfare
of a sexual assault survivor 
24 and which may be
used as evidence in a criminal proceeding 
25 against a person accused of the
sexual assault, in a 
26 proceeding under the Juvenile Court Act of 1987, or in an 
 
 
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1 investigation under the Abused and Neglected Child 
2 Reporting Act.
3  Records of medical forensic services, including 
4 results of examinations and tests, the Illinois State 
5 Police Medical Forensic Documentation Forms, the Illinois 
6 State Police Patient Discharge Materials, and the Illinois 
7 State Police Patient Consent: Collect and Test Evidence or 
8 Collect and Hold Evidence Form, shall be maintained by the 
9 hospital or approved pediatric health care facility as 
10 part of the patient's electronic medical record.
11  Records of medical forensic services of sexual assault 
12 survivors under the age of 18 shall be retained by the 
13 hospital for a period of 60 years after the sexual assault 
14 survivor reaches the age of 18. Records of medical 
15 forensic services of sexual assault survivors 18 years of 
16 age or older shall be retained by the hospital for a period 
17 of 20 years after the date the record was created.
18  Records of medical forensic services may only be 
19 disseminated in accordance with Section 6.5-1 of this Act 
20 and other State and federal law.
21  (1.5) An offer to complete the Illinois Sexual Assault 
22 Evidence Collection Kit for any sexual assault survivor 
23 who presents within a minimum of the last 7 days of the 
24 assault or who has disclosed past sexual assault by a 
25 specific individual and was in the care of that individual 
26 within a minimum of the last 7 days.
 
 
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1   (A) Appropriate oral and written information 
2 concerning evidence-based guidelines for the 
3 appropriateness of evidence collection depending on 
4 the sexual development of the sexual assault survivor, 
5 the type of sexual assault, and the timing of the 
6 sexual assault shall be provided to the sexual assault 
7 survivor. Evidence collection is encouraged for 
8 prepubescent sexual assault survivors who present to a 
9 hospital or approved pediatric health care facility 
10 with a complaint of sexual assault within a minimum of 
11 96 hours after the sexual assault.
12   Before January 1, 2022, the information required 
13 under this subparagraph shall be provided in person by 
14 the health care professional providing medical 
15 forensic services directly to the sexual assault 
16 survivor.
17   On and after January 1, 2022, the information 
18 required under this subparagraph shall be provided in 
19 person by the qualified medical provider providing 
20 medical forensic services directly to the sexual 
21 assault survivor.
22   The written information provided shall be the 
23 information created in accordance with Section 10-1 of 
24 this Act.
25   (B) Following the discussion regarding the 
26 evidence-based guidelines for evidence collection in 
 
 
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1 accordance with subparagraph (A), evidence collection 
2 must be completed at the sexual assault survivor's 
3 request. A sexual assault nurse examiner conducting an 
4 examination using the Illinois State Police Sexual 
5 Assault Evidence Collection Kit may do so without the 
6 presence or participation of a physician.
7  (2) Appropriate oral and written information 
8 concerning the possibility
of infection, sexually 
9 transmitted infection, including an evaluation of the 
10 sexual assault survivor's risk of contracting human 
11 immunodeficiency virus (HIV) from sexual assault, and 
12 pregnancy
resulting from sexual assault.
13  (3) Appropriate oral and written information 
14 concerning accepted medical
procedures, laboratory tests, 
15 medication, and possible contraindications of such 
16 medication
available for the prevention or treatment of 
17 infection or disease resulting
from sexual assault.
18  (3.5) After a medical evidentiary or physical 
19 examination, access to a shower at no cost, unless 
20 showering facilities are unavailable.
21  (4) An amount of medication, including HIV 
22 prophylaxis, for treatment at the hospital or approved 
23 pediatric health care facility and after discharge as is 
24 deemed appropriate by the attending physician, an advanced 
25 practice registered nurse, or a physician assistant in 
26 accordance with the Centers for Disease Control and 
 
 
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1 Prevention guidelines and consistent with the hospital's 
2 or approved pediatric health care facility's current 
3 approved protocol for sexual assault survivors.
4  (5) Photo documentation of the sexual assault 
5 survivor's injuries, anatomy involved in the assault, or 
6 other visible evidence on the sexual assault survivor's 
7 body to supplement the medical forensic history and 
8 written documentation of physical findings and evidence 
9 beginning July 1, 2019. Photo documentation does not 
10 replace written documentation of the injury.
11  (6) Written and oral instructions indicating the need 
12 for follow-up examinations and laboratory tests after the 
13 sexual assault to determine the presence or absence of

14 sexually transmitted infection.
15  (7) Referral by hospital or approved pediatric health 
16 care facility personnel for appropriate counseling.
17  (8) Medical advocacy services provided by a rape 
18 crisis counselor whose communications are protected under 
19 Section 8-802.1 of the Code of Civil Procedure, if there 
20 is a memorandum of understanding between the hospital or 
21 approved pediatric health care facility and a rape crisis 
22 center. With the consent of the sexual assault survivor, a 
23 rape crisis counselor shall remain in the exam room during 
24 the medical forensic examination.
25  (9) Written information regarding services provided by 
26 a Children's Advocacy Center and rape crisis center, if 
 
 
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1 applicable.
2  (10) A treatment hospital, a treatment hospital with 
3 approved pediatric transfer, an out-of-state hospital as 
4 defined in Section 5.4, or an approved pediatric health 
5 care facility shall comply with the rules relating to the 
6 collection and tracking of sexual assault evidence adopted 
7 by the Department of State Police under Section 50 of the 
8 Sexual Assault Evidence Submission Act.
9 (a-7) By January 1, 2022, every hospital with a treatment 
10plan approved by the Department shall employ or contract with 
11a qualified medical provider to initiate medical forensic 
12services to a sexual assault survivor within 90 minutes of the 
13patient presenting to the treatment hospital or treatment 
14hospital with approved pediatric transfer. The provision of 
15medical forensic services by a qualified medical provider 
16shall not delay the provision of life-saving medical care.
17 (b) Any person who is a sexual assault survivor who seeks 
18medical forensic services or follow-up healthcare
under this 
19Act shall be provided such services without the consent
of any 
20parent, guardian, custodian, surrogate, or agent. If a sexual 
21assault survivor is unable to consent to medical forensic 
22services, the services may be provided under the Consent by 
23Minors to Medical Procedures Act, the Health Care Surrogate 
24Act, or other applicable State and federal laws.
25 (b-5) Every hospital, approved pediatric health care 
26facility, or approved federally qualified health center 
 
 
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1providing medical forensic services to sexual assault 
2survivors shall issue a voucher to any sexual assault survivor 
3who is eligible to receive one in accordance with Section 
45.2-1 of this Act. The hospital, approved pediatric health 
5care facility, or approved federally qualified health center 
6shall make a copy of the voucher and place it in the medical 
7record of the sexual assault survivor. The hospital, approved 
8pediatric health care facility, or approved federally

9qualified health center shall provide a copy of the voucher to 
10the sexual assault survivor after discharge upon request.
11 (c) Nothing in this Section creates a physician-patient 
12relationship that extends beyond discharge from the hospital, 
13or approved pediatric health care facility, or approved 
14federally qualified health center.
15 (d) This Section is repealed on December 31 June 30, 2021.

16(Source: P.A. 101-634, eff. 6-5-20.)

17 (410 ILCS 70/5.1)
18 Sec. 5.1. Storage, retention, and dissemination of photo 
19documentation relating to medical forensic services. 
20 (a) Photo documentation taken during a medical forensic 
21examination shall be maintained by the hospital or approved 
22pediatric health care facility as part of the patient's 
23medical record.
24 Photo documentation shall be stored and backed up securely 
25in its original file format in accordance with facility 
 
 
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1protocol. The facility protocol shall require limited access 
2to the images and be included in the sexual assault treatment 
3plan submitted to the Department.
4 Photo documentation of a sexual assault survivor under the 
5age of 18 shall be retained for a period of 60 years after the 
6sexual assault survivor reaches the age of 18. Photo 
7documentation of a sexual assault survivor 18 years of age or 
8older shall be retained for a period of 20 years after the 
9record was created.
10 Photo documentation of the sexual assault survivor's 
11injuries, anatomy involved in the assault, or other visible 
12evidence on the sexual assault survivor's body may be used for 
13peer review, expert second opinion, or in a criminal 
14proceeding against a person accused of sexual assault, a 
15proceeding under the Juvenile Court Act of 1987, or in an 
16investigation under the Abused and Neglected Child Reporting 
17Act. Any dissemination of photo documentation, including for 
18peer review, an expert second opinion, or in any court or 
19administrative proceeding or investigation, must be in 
20accordance with State and federal law. 

21 (b) This Section is effective on and after January 1, 2022 
22July 1, 2021. 
23(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)

24 (410 ILCS 70/5.1-1)
25 (Section scheduled to be repealed on June 30, 2021)
 
 
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1 Sec. 5.1-1. Storage, retention, and dissemination of photo 
2documentation relating to medical forensic services.
3 (a) Photo documentation taken during a medical forensic 
4examination shall be maintained by the hospital, approved 
5pediatric health care facility, or approved federally 
6qualified health center as part of the patient's medical 
7record. 
8 Photo documentation shall be stored and backed up securely 
9in its original file format in accordance with facility 
10protocol. The facility protocol shall require limited access 
11to the images and be included in the sexual assault treatment 
12plan submitted to the Department. 
13 Photo documentation of a sexual assault survivor under the 
14age of 18 shall be retained for a period of 60 years after the 
15sexual assault survivor reaches the age of 18. Photo 
16documentation of a sexual assault survivor 18 years of age or 
17older shall be retained for a period of 20 years after the 
18record was created. 
19 Photo documentation of the sexual assault survivor's 
20injuries, anatomy involved in the assault, or other visible 
21evidence on the sexual assault survivor's body may be used for 
22peer review, expert second opinion, or in a criminal 
23proceeding against a person accused of sexual assault, a 
24proceeding under the Juvenile Court Act of 1987, or in an 
25investigation under the Abused and Neglected Child Reporting 
26Act. Any dissemination of photo documentation, including for 
 
 
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1peer review, an expert second opinion, or in any court or 
2administrative proceeding or investigation, must be in 
3accordance with State and federal law. 
4 (b) This Section is repealed on December 31 June 30, 2021. 

5(Source: P.A. 101-634, eff. 6-5-20.)

6 (410 ILCS 70/5.2)
7 Sec. 5.2. Sexual assault services voucher.
8 (a) A sexual assault services voucher shall be issued by a 
9treatment hospital, treatment hospital with approved pediatric 
10transfer, or approved pediatric health care facility at the 
11time a sexual assault survivor receives medical forensic 
12services.
13 (b) Each treatment hospital, treatment hospital with 
14approved pediatric transfer, and approved pediatric health 
15care facility must include in its sexual assault treatment 
16plan submitted to the Department in accordance with Section 2 
17of this Act a protocol for issuing sexual assault services 
18vouchers. The protocol shall, at a minimum, include the 
19following: 
20  (1) Identification of employee positions responsible 
21 for issuing sexual assault services vouchers.
22  (2) Identification of employee positions with access 
23 to the Medical Electronic Data Interchange or successor 
24 system.
25  (3) A statement to be signed by each employee of an 
 
 
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1 approved pediatric health care facility with access to the 
2 Medical Electronic Data Interchange or successor system 
3 affirming that the Medical Electronic Data Interchange or 
4 successor system will only be used for the purpose of 
5 issuing sexual assault services vouchers. 
6 (c) A sexual assault services voucher may be used to seek 
7payment for any ambulance services, medical forensic services, 
8laboratory services, pharmacy services, and follow-up 
9healthcare provided as a result of the sexual assault.
10 (d) Any treatment hospital, treatment hospital with 
11approved pediatric transfer, approved pediatric health care 
12facility, health care professional, ambulance provider, 
13laboratory, or pharmacy may submit a bill for services 
14provided to a sexual assault survivor as a result of a sexual 
15assault to the Department of Healthcare and Family Services 
16Sexual Assault Emergency Treatment Program. The bill shall 
17include: 
18  (1) the name and date of birth of the sexual assault 
19 survivor;
20  (2) the service provided;
21  (3) the charge of service;
22  (4) the date the service was provided; and
23  (5) the recipient identification number, if known. 
24 A health care professional, ambulance provider, 
25laboratory, or pharmacy is not required to submit a copy of the 
26sexual assault services voucher. 
 
 
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1 The Department of Healthcare and Family Services Sexual 
2Assault Emergency Treatment Program shall electronically 
3verify, using the Medical Electronic Data Interchange or a 
4successor system, that a sexual assault services voucher was 
5issued to a sexual assault survivor prior to issuing payment 
6for the services.
7 If a sexual assault services voucher was not issued to a 
8sexual assault survivor by the treatment hospital, treatment 
9hospital with approved pediatric transfer, or approved 
10pediatric health care facility, then a health care 
11professional, ambulance provider, laboratory, or pharmacy may 
12submit a request to the Department of Healthcare and Family 
13Services Sexual Assault Emergency Treatment Program to issue a 
14sexual assault services voucher. 

15 (e) This Section is effective on and after January 1, 2022 
16July 1, 2021. 
17(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)

18 (410 ILCS 70/5.2-1)
19 (Section scheduled to be repealed on June 30, 2021)
20 Sec. 5.2-1. Sexual assault services voucher.
21 (a) A sexual assault services voucher shall be issued by a 
22treatment hospital, treatment hospital with approved pediatric 
23transfer, approved pediatric health care facility, or approved 
24federally qualified health center at the time a sexual assault 
25survivor receives medical forensic services. 
 
 
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1 (b) Each treatment hospital, treatment hospital with 
2approved pediatric transfer, approved pediatric health care 
3facility, and approved federally qualified health center must 
4include in its sexual assault treatment plan submitted to
the 
5Department in accordance with Section 2-1 of this Act a 
6protocol for issuing sexual assault services vouchers. The 
7protocol shall, at a minimum, include the following: 
8  (1) Identification of employee positions responsible 
9 for issuing sexual assault services vouchers. 
10  (2) Identification of employee positions with access 
11 to the Medical Electronic Data Interchange or successor 
12 system. 
13  (3) A statement to be signed by each employee of an 
14 approved pediatric health care facility or approved 
15 federally qualified health center with access to the 
16 Medical Electronic Data Interchange or successor system 
17 affirming that the Medical Electronic Data Interchange or 
18 successor system will only be used for the purpose of 
19 issuing sexual assault services vouchers. 
20 (c) A sexual assault services voucher may be used to seek 
21payment for any ambulance services, medical forensic services, 
22laboratory services, pharmacy services, and follow-up 
23healthcare provided as a result of the sexual assault. 
24 (d) Any treatment hospital, treatment hospital with 
25approved pediatric transfer, approved pediatric health care 
26facility, approved federally qualified health center, health 
 
 
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1care professional, ambulance provider, laboratory, or pharmacy 
2may submit a bill for services provided to a sexual assault 
3survivor as a result of a sexual assault to the Department of 
4Healthcare and Family Services Sexual Assault Emergency

5Treatment Program. The bill shall include: 
6  (1) the name and date of birth of the sexual assault 
7 survivor; 
8  (2) the service provided; 
9  (3) the charge of service; 
10  (4) the date the service was provided; and 
11  (5) the recipient identification number, if known. 
12 A health care professional, ambulance provider, 
13laboratory, or pharmacy is not required to submit a copy of the 
14sexual assault services voucher. 
15 The Department of Healthcare and Family Services Sexual 
16Assault Emergency Treatment Program shall electronically 
17verify, using the Medical Electronic Data Interchange or a 
18successor system, that a sexual assault services voucher was 
19issued to a sexual assault survivor prior to issuing payment 
20for the services. 
21 If a sexual assault services voucher was not issued to a 
22sexual assault survivor by the treatment hospital, treatment 
23hospital with approved pediatric transfer, approved pediatric 
24health care facility, or approved federally qualified health 
25center, then a health care professional, ambulance provider, 
26laboratory, or pharmacy may submit a request to the Department 
 
 
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1of Healthcare and Family Services Sexual Assault Emergency 
2Treatment Program to issue a sexual assault services voucher. 
3 (e) This Section is repealed on December 31 June 30, 2021. 

4(Source: P.A. 101-634, eff. 6-5-20.)

5 (410 ILCS 70/5.3)
6 Sec. 5.3. Pediatric sexual assault care.
7 (a) The General Assembly finds: 
8  (1) Pediatric sexual assault survivors can suffer from 
9 a wide range of health problems across their life span. In 
10 addition to immediate health issues, such as sexually 
11 transmitted infections, physical injuries, and 
12 psychological trauma, child sexual abuse victims are at 
13 greater risk for a plethora of adverse psychological and 
14 somatic problems into adulthood in contrast to those who 
15 were not sexually abused.
16  (2) Sexual abuse against the pediatric population is 
17 distinct, particularly due to their dependence on their 
18 caregivers and the ability of perpetrators to manipulate 
19 and silence them (especially when the perpetrators are 
20 family members or other adults trusted by, or with power 
21 over, children). Sexual abuse is often hidden by 
22 perpetrators, unwitnessed by others, and may leave no 
23 obvious physical signs on child victims.
24  (3) Pediatric sexual assault survivors throughout the 
25 State should have access to qualified medical providers 
 
 
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1 who have received specialized training regarding the care 
2 of pediatric sexual assault survivors within a reasonable 
3 distance from their home.
4  (4) There is a need in Illinois to increase the number 
5 of qualified medical providers available to provide 
6 medical forensic services to pediatric sexual assault 
7 survivors. 
8 (b) If a medically stable pediatric sexual assault 
9survivor presents at a transfer hospital or treatment hospital 
10with approved pediatric transfer that has a plan approved by 
11the Department requesting medical forensic services, then the 
12hospital emergency department staff shall contact an approved 
13pediatric health care facility, if one is designated in the 
14hospital's plan. 
15 If the transferring hospital confirms that medical 
16forensic services can be initiated within 90 minutes of the 
17patient's arrival at the approved pediatric health care 
18facility following an immediate transfer, then the hospital 
19emergency department staff shall notify the patient and 
20non-offending parent or legal guardian that the patient will 
21be transferred for medical forensic services and shall provide 
22the patient and non-offending parent or legal guardian the 
23option of being transferred to the approved pediatric health 
24care facility or the treatment hospital designated in the 
25hospital's plan. The pediatric sexual assault survivor may be 
26transported by ambulance, law enforcement, or personal 
 
 
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1vehicle.
2 If medical forensic services cannot be initiated within 90 
3minutes of the patient's arrival at the approved pediatric 
4health care facility, there is no approved pediatric health 
5care facility designated in the hospital's plan, or the 
6patient or non-offending parent or legal guardian chooses to 
7be transferred to a treatment hospital, the hospital emergency 
8department staff shall contact a treatment hospital designated 
9in the hospital's plan to arrange for the transfer of the 
10patient to the treatment hospital for medical forensic 
11services, which are to be initiated within 90 minutes of the 
12patient's arrival at the treatment hospital. The treatment 
13hospital shall provide medical forensic services and may not 
14transfer the patient to another facility. The pediatric sexual 
15assault survivor may be transported by ambulance, law 
16enforcement, or personal vehicle. 
17 (c) If a medically stable pediatric sexual assault 
18survivor presents at a treatment hospital that has a plan 
19approved by the Department requesting medical forensic 
20services, then the hospital emergency department staff shall 
21contact an approved pediatric health care facility, if one is 
22designated in the treatment hospital's areawide treatment 
23plan. 
24 If medical forensic services can be initiated within 90 
25minutes after the patient's arrival at the approved pediatric 
26health care facility following an immediate transfer, the 
 
 
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1hospital emergency department staff shall provide the patient 
2and non-offending parent or legal guardian the option of 
3having medical forensic services performed at the treatment 
4hospital or at the approved pediatric health care facility. If 
5the patient or non-offending parent or legal guardian chooses 
6to be transferred, the pediatric sexual assault survivor may 
7be transported by ambulance, law enforcement, or personal 
8vehicle.
9 If medical forensic services cannot be initiated within 90 
10minutes after the patient's arrival to the approved pediatric 
11health care facility, there is no approved pediatric health 
12care facility designated in the hospital's plan, or the 
13patient or non-offending parent or legal guardian chooses not 
14to be transferred, the hospital shall provide medical forensic 
15services to the patient. 
16 (d) If a pediatric sexual assault survivor presents at an 
17approved pediatric health care facility requesting medical 
18forensic services or the facility is contacted by law 
19enforcement or the Department of Children and Family Services 
20requesting medical forensic services for a pediatric sexual 
21assault survivor, the services shall be provided at the 
22facility if the medical forensic services can be initiated 
23within 90 minutes after the patient's arrival at the facility. 
24If medical forensic services cannot be initiated within 90 
25minutes after the patient's arrival at the facility, then the 
26patient shall be transferred to a treatment hospital 
 
 
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1designated in the approved pediatric health care facility's 
2plan for medical forensic services. The pediatric sexual 
3assault survivor may be transported by ambulance, law 
4enforcement, or personal vehicle. 

5 (e) This Section is effective on and after January 1, 2022 
6July 1, 2021. 
7(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)

8 (410 ILCS 70/5.3-1)
9 (Section scheduled to be repealed on June 30, 2021)
10 Sec. 5.3-1. Pediatric sexual assault care.
11 (a) The General Assembly finds: 
12  (1) Pediatric sexual assault survivors can suffer from 
13 a wide range of health problems across their life span. In 
14 addition to immediate health issues, such as sexually 
15 transmitted infections, physical injuries, and 
16 psychological trauma, child sexual abuse victims are at 
17 greater risk for a plethora of adverse psychological and 
18 somatic problems into adulthood in contrast to those who 
19 were not sexually abused. 
20  (2) Sexual abuse against the pediatric population is 
21 distinct, particularly due to their dependence on their 
22 caregivers and the ability of perpetrators to manipulate 
23 and silence them (especially when the perpetrators are 
24 family members or other adults trusted by, or with power 
25 over, children). Sexual abuse is often hidden by 
 
 
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1 perpetrators, unwitnessed by others, and may leave no 
2 obvious physical signs on child victims. 
3  (3) Pediatric sexual assault survivors throughout the 
4 State should have access to qualified medical providers 
5 who have received specialized training regarding the care 
6 of pediatric sexual assault survivors within a reasonable 
7 distance from their home. 
8  (4) There is a need in Illinois to increase the number 
9 of qualified medical providers available to provide 
10 medical forensic services to pediatric sexual assault 
11 survivors. 
12 (b) If a medically stable pediatric sexual assault 
13survivor presents at a transfer hospital, treatment hospital 
14with approved pediatric transfer, or an approved federally 
15qualified health center that has a plan approved by the 
16Department requesting medical forensic services, then the 
17hospital emergency department staff or approved federally 
18qualified health center staff shall contact an approved 
19pediatric health care facility, if one is designated in the 
20hospital's or an approved federally qualified health center's 
21plan. 
22 If the transferring hospital or approved federally 
23qualified health center confirms that medical forensic 
24services can be initiated within 90 minutes of the patient's 
25arrival at the approved pediatric health care facility 
26following an immediate transfer, then the hospital emergency 
 
 
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1department or approved federally qualified health center staff 
2shall notify the patient and non-offending parent or legal 
3guardian that the patient will be transferred for medical 
4forensic services and shall provide the patient and 
5non-offending parent or legal guardian the option of being 
6transferred to the approved pediatric health care facility or 
7the treatment hospital designated in the hospital's or 
8approved federally qualified health center's plan. The 
9pediatric sexual
assault survivor may be transported by 
10ambulance, law enforcement, or personal vehicle. 
11 If medical forensic services cannot be initiated within 90 
12minutes of the patient's arrival at the approved pediatric 
13health care facility, there is no approved pediatric health 
14care facility designated in the hospital's or approved 
15federally qualified health center's plan, or the patient or 
16non-offending parent or legal guardian chooses to be 
17transferred to a treatment hospital, the hospital emergency 
18department or approved federally qualified health center staff 
19shall contact a treatment hospital designated in the 
20hospital's or approved federally qualified health center's 
21plan to arrange for the transfer of the patient to the 
22treatment hospital for medical forensic services, which are to 
23be initiated within 90 minutes of the patient's arrival at the 
24treatment hospital. The treatment hospital shall provide 
25medical forensic services and may not transfer the patient to 
26another facility. The pediatric sexual assault survivor may be 
 
 
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1transported by ambulance, law enforcement, or personal 
2vehicle. 
3 (c) If a medically stable pediatric sexual assault 
4survivor presents at a treatment hospital that has a plan 
5approved by the Department requesting medical forensic 
6services, then the hospital emergency department staff shall 
7contact an approved pediatric health care facility, if one is 
8designated in the treatment hospital's areawide treatment 
9plan. 
10 If medical forensic services can be initiated within 90 
11minutes after the patient's arrival at the approved pediatric 
12health care facility following an immediate transfer, the 
13hospital emergency department staff shall provide the patient 
14and non-offending parent or legal guardian the option of 
15having medical forensic services performed at the treatment 
16hospital or at the approved pediatric health care facility. If 
17the patient or non-offending parent or legal guardian chooses 
18to be transferred, the pediatric sexual assault survivor may 
19be transported by ambulance, law enforcement, or personal 
20vehicle. 
21 If medical forensic services cannot be initiated within 90 
22minutes after the patient's arrival to the approved pediatric 
23health care facility, there is no approved pediatric health 
24care facility designated in the hospital's plan, or the 
25patient or non-offending parent or legal guardian chooses not 
26to be transferred, the hospital shall provide medical forensic 
 
 
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1services to the patient. 
2 (d) If a pediatric sexual assault survivor presents at an 
3approved pediatric health care facility requesting medical 
4forensic services or the facility is contacted by law 
5enforcement or the Department of Children and Family Services 
6requesting medical forensic services for a pediatric sexual 
7assault survivor, the services shall be provided at the 
8facility if the medical forensic services can be initiated 
9within 90 minutes after the patient's arrival at the facility. 
10If medical forensic services cannot be initiated within 90 
11minutes after the patient's arrival at the facility, then the 
12patient shall be transferred to a treatment hospital 
13designated in the approved pediatric health care facility's 
14plan for medical forensic services. The pediatric sexual 
15assault survivor may be transported by ambulance, law 
16enforcement, or personal vehicle. 
17 (e) This Section is repealed on December 31 June 30, 2021. 

18(Source: P.A. 101-634, eff. 6-5-20.)

19 (410 ILCS 70/5.5)
20 Sec. 5.5. Minimum reimbursement requirements for follow-up 
21healthcare.
22 (a) Every hospital, pediatric health care facility, health 
23care professional, laboratory, or pharmacy that provides 
24follow-up healthcare to a sexual assault survivor, with the 
25consent of the sexual assault survivor and as ordered by the 
 
 
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1attending physician, an advanced practice registered nurse, or 
2physician assistant shall be reimbursed for the follow-up 
3healthcare services provided. Follow-up healthcare services 
4include, but are not limited to, the following:
5  (1) a physical examination;
6  (2) laboratory tests to determine the presence or 
7 absence of sexually transmitted infection; and
8  (3) appropriate medications, including HIV 
9 prophylaxis, in accordance with the Centers for Disease 
10 Control and Prevention's guidelines.
11 (b) Reimbursable follow-up healthcare is limited to office 
12visits with a physician, advanced practice registered nurse, 
13or physician assistant within 90 days after an initial visit 
14for hospital medical forensic services.
15 (c) Nothing in this Section requires a hospital, pediatric 
16health care facility, health care professional, laboratory, or 
17pharmacy to provide follow-up healthcare to a sexual assault 
18survivor.

19 (d) This Section is effective on and after January 1, 2022 
20July 1, 2021. 
21(Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19; 
22101-634, eff. 6-5-20.)

23 (410 ILCS 70/5.5-1)
24 (Section scheduled to be repealed on June 30, 2021)
25 Sec. 5.5-1. Minimum reimbursement requirements for 
 
 
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1follow-up healthcare.
2 (a) Every hospital, pediatric health care facility, 
3federally qualified health center, health care professional, 
4laboratory, or pharmacy that provides follow-up healthcare to 
5a sexual assault survivor, with the consent of the sexual 
6assault survivor and as ordered by the attending physician, an 
7advanced practice registered nurse, or physician assistant 
8shall be reimbursed for the follow-up healthcare services 
9provided. Follow-up healthcare services include, but are not 
10limited to, the following: 
11  (1) a physical examination; 
12  (2) laboratory tests to determine the presence or 
13 absence of sexually transmitted infection; and 
14  (3) appropriate medications, including HIV 
15 prophylaxis, in accordance with the Centers for Disease 
16 Control and Prevention's guidelines. 
17 (b) Reimbursable follow-up healthcare is limited to office 
18visits with a physician, advanced practice registered nurse, 
19or physician assistant within 90 days after an initial visit 
20for hospital medical forensic services. 
21 (c) Nothing in this Section requires a hospital, pediatric 
22health care facility, federally qualified health center, 
23health care professional, laboratory, or pharmacy to provide 
24follow-up healthcare to a sexual assault survivor. 
25 (d) This Section is repealed on December 31 June 30, 2021. 

26(Source: P.A. 101-634, eff. 6-5-20.)



 
 
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1 (410 ILCS 70/6.1) (from Ch. 111 1/2, par. 87-6.1)



2 Sec. 6.1. Minimum standards. 
3 (a) The Department shall
prescribe minimum standards, 
4rules, and
regulations necessary
to implement this Act and the 
5changes made by this amendatory Act of the 100th General 
6Assembly, which shall apply to every hospital
required to be 
7licensed by the Department that provides general medical and 
8surgical hospital services and to every approved pediatric 
9health care facility.
Such standards shall include, but not be 
10limited to, a
uniform system for recording results of medical 
11examinations
and all diagnostic tests performed in connection 
12therewith to
determine the condition and necessary treatment 
13of
sexual assault survivors, which results shall be preserved 
14in a
confidential manner as part of the hospital's or approved 
15pediatric health care facility's record of the sexual assault 
16survivor.

17 (b) This Section is effective on and after January 1, 2022 
18July 1, 2021. 
19(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)


20 (410 ILCS 70/6.1-1)
21 (Section scheduled to be repealed on June 30, 2021)
22 Sec. 6.1-1. Minimum standards.
23 (a) The Department shall prescribe minimum standards, 
24rules, and regulations necessary to implement this Act and the 
 
 
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1changes made by this amendatory Act of the 101st General 
2Assembly, which shall apply to every hospital required to be 
3licensed by the Department that provides general medical and 
4surgical hospital services and to every approved pediatric 
5health care facility and approved federally qualified health 
6center. Such standards shall include, but not be limited to, a 
7uniform system for recording results of medical examinations 
8and all diagnostic tests performed in connection therewith to 
9determine the condition and necessary treatment of sexual 
10assault survivors, which results shall be preserved in a 
11confidential manner as part of the hospital's, approved 
12pediatric health care facility's,
or approved federally 
13qualified health center's record of the sexual assault 
14survivor. 
15 (b) This Section is repealed on December 31 June 30, 2021. 

16(Source: P.A. 101-634, eff. 6-5-20.)



17 (410 ILCS 70/6.2) (from Ch. 111 1/2, par. 87-6.2)



18 Sec. 6.2. Assistance and grants. 
19 (a) The Department shall
assist in the development and 
20operation
of programs which provide medical forensic services 
21to sexual assault
survivors, and, where necessary, to provide 
22grants to hospitals and approved pediatric health care 
23facilities for
this purpose.

24 (b) This Section is effective on and after January 1, 2022 
25July 1, 2021. 
 
 
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1(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)


2 (410 ILCS 70/6.2-1)
3 (Section scheduled to be repealed on June 30, 2021)
4 Sec. 6.2-1. Assistance and grants.
5 (a) The Department shall assist in the development and 
6operation of programs which provide medical forensic services 
7to sexual assault survivors, and, where necessary, to provide 
8grants to hospitals, approved pediatric health care 
9facilities, and approved federally qualified health centers 
10for this purpose. 
11 (b) This Section is repealed on December 31 June 30, 2021. 

12(Source: P.A. 101-634, eff. 6-5-20.)



13 (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)


14 Sec. 6.4. Sexual assault evidence collection program. 

15 (a) There is created a statewide sexual assault evidence 
16collection program
to facilitate the prosecution of persons 
17accused of sexual assault. This
program shall be administered 
18by the Illinois
State Police. The program shall
consist of the 
19following: (1) distribution of sexual assault evidence

20collection kits which have been approved by the Illinois
State 
21Police to hospitals and approved pediatric health care 
22facilities that request them, or arranging for
such 
23distribution by the manufacturer of the kits, (2) collection 
24of the kits
from hospitals and approved pediatric health care 
 
 
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1facilities after the kits have been used to collect
evidence, 
2(3) analysis of the collected evidence and conducting of 
3laboratory
tests, (4) maintaining the chain of custody and 
4safekeeping of the evidence
for use in a legal proceeding, and 
5(5) the comparison of the collected evidence with the genetic 
6marker grouping analysis information maintained by the 
7Department of State Police under Section 5-4-3 of the Unified 
8Code of Corrections and with the information contained in the 
9Federal Bureau of Investigation's National DNA database; 
10provided the amount and quality of genetic marker grouping 
11results obtained from the evidence in the sexual assault case 
12meets the requirements of both the Department of State Police 
13and the Federal Bureau of Investigation's Combined DNA Index 
14System (CODIS) policies. The standardized evidence collection 
15kit for
the State of Illinois shall be the Illinois State 
16Police Sexual Assault Evidence Kit and shall include a written 
17consent form authorizing law enforcement to test the sexual 
18assault evidence and to provide law enforcement with details 
19of the sexual assault.

20 (a-5) (Blank).

21 (b) The Illinois State Police shall administer a program 
22to train hospital and approved pediatric health care facility 
23personnel participating in the sexual assault evidence 
24collection
program, in the correct use and application of the 
25sexual assault evidence
collection kits. The Department
shall

26cooperate with the Illinois State Police in this
program as it 
 
 
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1pertains to medical aspects of the evidence collection.

2 (c) (Blank).

3 (d) This Section is effective on and after January 1, 2022 
4July 1, 2021. 
5(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)


6 (410 ILCS 70/6.4-1)
7 (Section scheduled to be repealed on June 30, 2021)
8 Sec. 6.4-1. Sexual assault evidence collection program.
9 (a) There is created a statewide sexual assault evidence 
10collection program to facilitate the prosecution of persons 
11accused of sexual assault. This program shall be administered 
12by the Illinois State Police. The program shall consist of the 
13following: (1) distribution of sexual assault evidence 
14collection kits which have been approved by the Illinois State 
15Police to hospitals, approved pediatric health care 
16facilities, and approved federally qualified health centers 
17that request them, or arranging for such distribution by the 
18manufacturer of the kits, (2) collection of the kits from 
19hospitals and approved pediatric health care facilities after

20the kits have been used to collect evidence, (3) analysis of 
21the collected evidence and conducting of laboratory tests, (4) 
22maintaining the chain of custody and safekeeping of the 
23evidence for use in a legal proceeding, and (5) the comparison 
24of the collected evidence with the genetic marker grouping 
25analysis information maintained by the Department of State 
 
 
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1Police under Section 5-4-3 of the Unified Code of Corrections 
2and with the information contained in the Federal Bureau of 
3Investigation's National DNA database; provided the amount and 
4quality of genetic marker grouping results obtained from the 
5evidence in the sexual assault case meets the requirements of 
6both the Department of State Police and the Federal Bureau of 
7Investigation's Combined DNA Index System (CODIS) policies. 
8The standardized evidence collection kit for the State of 
9Illinois shall be the Illinois State Police Sexual Assault 
10Evidence Kit and shall include a written consent form 
11authorizing law enforcement to test the sexual assault 
12evidence and to provide law enforcement with details of the 
13sexual assault. 
14 (a-5) (Blank). 
15 (b) The Illinois State Police shall administer a program 
16to train hospital, and approved pediatric health care 
17facility, and approved federally qualified health center 
18personnel participating in the sexual assault evidence 
19collection program, in the correct use and application of the 
20sexual assault evidence collection kits. The Department shall

21cooperate with the Illinois State Police in this program as it 
22pertains to medical aspects of the evidence collection. 
23 (c) (Blank). 
24 (d) This Section is repealed on December 31 June 30, 2021. 

25(Source: P.A. 101-634, eff. 6-5-20.)

 
 
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1 (410 ILCS 70/6.5)
2 Sec. 6.5. Written consent to the release of sexual assault 
3evidence for testing.
4 (a) Upon the completion of medical forensic services, the 
5health care professional providing the medical forensic 
6services shall provide the patient the opportunity to sign a 
7written consent to allow law enforcement to submit the sexual 
8assault evidence for testing, if collected. The written 
9consent shall be on a form included in the sexual assault 
10evidence collection kit and posted on the Illinois State 
11Police website. The consent form shall include whether the 
12survivor consents to the release of information about the 
13sexual assault to law enforcement.
14  (1) A survivor 13 years of age or older may sign the 
15 written consent to release the evidence for testing.
16  (2) If the survivor is a minor who is under 13 years of 
17 age, the written consent to release the sexual assault 
18 evidence for testing may be signed by the parent, 
19 guardian, investigating law enforcement officer, or 
20 Department of Children and Family Services.
21  (3) If the survivor is an adult who has a guardian of 
22 the person, a health care surrogate, or an agent acting 
23 under a health care power of attorney, the consent of the 
24 guardian, surrogate, or agent is not required to release 
25 evidence and information concerning the sexual assault or 
26 sexual abuse. If the adult is unable to provide consent 
 
 
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1 for the release of evidence and information and a 
2 guardian, surrogate, or agent under a health care power of 
3 attorney is unavailable or unwilling to release the 
4 information, then an investigating law enforcement officer 
5 may authorize the release.
6  (4) Any health care professional or health care 
7 institution, including any hospital or approved pediatric 
8 health care facility, who provides evidence or information 
9 to a law enforcement officer under a written consent as 
10 specified in this Section is immune from any civil or 
11 professional liability that might arise from those 
12 actions, with the exception of willful or wanton 
13 misconduct. The immunity provision applies only if all of 
14 the requirements of this Section are met.
15 (b) The hospital or approved pediatric health care 
16facility shall keep a copy of a signed or unsigned written 
17consent form in the patient's medical record.
18 (c) If a written consent to allow law enforcement to hold 
19the sexual assault evidence is signed at the completion of 
20medical forensic services, the hospital or approved pediatric 
21health care facility shall include the following information 
22in its discharge instructions:
23  (1) the sexual assault evidence will be stored for 10 
24 years from the completion of an Illinois State Police 
25 Sexual Assault Evidence Collection Kit, or 10 years from 
26 the age of 18 years, whichever is longer;
 
 
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1  (2) a person authorized to consent to the testing of 
2 the sexual assault evidence may sign a written consent to 
3 allow law enforcement to test the sexual assault evidence 
4 at any time during that 10-year period for an adult 
5 victim, or until a minor victim turns 28 years of age by 
6 (A) contacting the law enforcement agency having 
7 jurisdiction, or if unknown, the law enforcement agency 
8 contacted by the hospital or approved pediatric health 
9 care facility under Section 3.2 of the Criminal 
10 Identification Act; or (B) by working with an advocate at 
11 a rape crisis center;
12  (3) the name, address, and phone number of the law 
13 enforcement agency having jurisdiction, or if unknown the 
14 name, address, and phone number of the law enforcement 
15 agency contacted by the hospital or approved pediatric 
16 health care facility under Section 3.2 of the Criminal 
17 Identification Act; and
18  (4) the name and phone number of a local rape crisis 
19 center.

20 (d) This Section is effective on and after January 1, 2022 
21July 1, 2021. 
22(Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19; 
23100-1087, eff. 1-1-19; 101-81, eff. 7-12-19; 101-634, eff. 
246-5-20.)

25 (410 ILCS 70/6.5-1)
 
 
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1 (Section scheduled to be repealed on June 30, 2021)
2 Sec. 6.5-1. Written consent to the release of sexual 
3assault evidence for testing.
4 (a) Upon the completion of medical forensic services, the 
5health care professional providing the medical forensic 
6services shall provide the patient the opportunity to sign a 
7written consent to allow law enforcement to submit the sexual 
8assault evidence for testing, if collected. The written 
9consent shall be on a form included in the sexual assault 
10evidence collection kit and posted on the Illinois State 
11Police website. The consent form shall include whether the 
12survivor consents to the release of information about the 
13sexual assault to law enforcement. 
14  (1) A survivor 13 years of age or older may sign the 
15 written consent to release the evidence for testing. 
16  (2) If the survivor is a minor who is under 13 years of 
17 age, the written consent to release the sexual assault 
18 evidence for testing may be signed by the parent, 
19 guardian, investigating law enforcement officer, or 
20 Department of Children and Family Services. 
21  (3) If the survivor is an adult who has a guardian of 
22 the person, a health care surrogate, or an agent acting 
23 under a health care power of attorney, the consent of the 
24 guardian, surrogate, or agent is not required to release 
25 evidence and information concerning the sexual assault or 
26 sexual abuse. If the adult is unable to provide consent 
 
 
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1 for the release of evidence and information and a 
2 guardian, surrogate, or agent under a health care power of 
3 attorney is unavailable or unwilling to release the 
4 information, then an investigating law enforcement officer 
5 may authorize the release. 
6  (4) Any health care professional or health care 
7 institution, including any hospital, approved pediatric 
8 health care facility, or approved federally qualified 
9 health center, who provides evidence or information to a 
10 law enforcement officer under a written consent as 
11 specified in this Section is immune from any civil or 
12 professional liability that might arise from those 
13 actions, with the exception of willful or wanton 
14 misconduct. The immunity provision applies only if all of 
15 the requirements of this Section are met. 
16 (b) The hospital, approved pediatric health care facility, 
17or approved federally qualified health center shall keep a 
18copy of a signed or unsigned written consent form in the 
19patient's medical record. 
20 (c) If a written consent to allow law enforcement to hold 
21the sexual assault evidence is signed at the completion of

22medical forensic services, the hospital, approved pediatric 
23health care facility, or approved federally qualified health 
24center shall include the following information in its 
25discharge instructions: 
26  (1) the sexual assault evidence will be stored for 10 
 
 
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1 years from the completion of an Illinois State Police 
2 Sexual Assault Evidence Collection Kit, or 10 years from 
3 the age of 18 years, whichever is longer; 
4  (2) A person authorized to consent to the testing of 
5 the sexual assault evidence may sign a written consent to 
6 allow law enforcement to test the sexual assault evidence 
7 at any time during that 10-year period for an adult 
8 victim, or until a minor victim turns 28 years of age by 
9 (A) contacting the law enforcement agency having 
10 jurisdiction, or if unknown, the law enforcement agency 
11 contacted by the hospital, approved pediatric health care 
12 facility, or approved federally qualified health center 
13 under Section
3.2 of the Criminal Identification Act; or 
14 (B) by working with an advocate at a rape crisis center; 
15  (3) the name, address, and phone number of the law 
16 enforcement agency having jurisdiction, or if unknown the 
17 name, address, and phone number of the law enforcement 
18 agency contacted by the hospital or approved pediatric 
19 health care facility under Section 3.2 of the Criminal 
20 Identification Act; and 
21  (4) the name and phone number of a local rape crisis 
22 center. 
23 (d) This Section is repealed on December 31 June 30, 2021. 

24(Source: P.A. 101-634, eff. 6-5-20.)

25 (410 ILCS 70/6.6)
 
 
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1 Sec. 6.6. Submission of sexual assault evidence.
2 (a) As soon as practicable, but in no event more than 4 
3hours after the completion of medical forensic services, the 
4hospital or approved pediatric health care facility shall make 
5reasonable efforts to determine the law enforcement agency 
6having jurisdiction where the sexual assault occurred, if 
7sexual assault evidence was collected. The hospital or 
8approved pediatric health care facility may obtain the name of 
9the law enforcement agency with jurisdiction from the local 
10law enforcement agency.
11 (b) Within 4 hours after the completion of medical 
12forensic services, the hospital or approved pediatric health 
13care facility shall notify the law enforcement agency having 
14jurisdiction that the hospital or approved pediatric health 
15care facility is in possession of sexual assault evidence and 
16the date and time the collection of evidence was completed. 
17The hospital or approved pediatric health care facility shall 
18document the notification in the patient's medical records and 
19shall include the agency notified, the date and time of the 
20notification and the name of the person who received the 
21notification. This notification to the law enforcement agency 
22having jurisdiction satisfies the hospital's or approved 
23pediatric health care facility's requirement to contact its 
24local law enforcement agency under Section 3.2 of the Criminal 
25Identification Act.
26 (c) If the law enforcement agency having jurisdiction has 
 
 
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1not taken physical custody of sexual assault evidence within 5 
2days of the first contact by the hospital or approved 
3pediatric health care facility, the hospital or approved 
4pediatric health care facility shall renotify the law 
5enforcement agency having jurisdiction that the hospital or 
6approved pediatric health care facility is in possession of 
7sexual assault evidence and the date the sexual assault 
8evidence was collected. The hospital or approved pediatric 
9health care facility shall document the renotification in the 
10patient's medical records and shall include the agency 
11notified, the date and time of the notification and the name of 
12the person who received the notification.
13 (d) If the law enforcement agency having jurisdiction has 
14not taken physical custody of the sexual assault evidence 
15within 10 days of the first contact by the hospital or approved 
16pediatric health care facility and the hospital or approved 
17pediatric health care facility has provided renotification 
18under subsection (c) of this Section, the hospital or approved 
19pediatric health care facility shall contact the State's 
20Attorney of the county where the law enforcement agency having 
21jurisdiction is located. The hospital or approved pediatric 
22health care facility shall inform the State's Attorney that 
23the hospital or approved pediatric health care facility is in 
24possession of sexual assault evidence, the date the sexual 
25assault evidence was collected, the law enforcement agency 
26having jurisdiction, the dates, times and names of persons 
 
 
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1notified under subsections (b) and (c) of this Section. The 
2notification shall be made within 14 days of the collection of 
3the sexual assault evidence.

4 (e) This Section is effective on and after January 1, 2022 
5July 1, 2021. 
6(Source: P.A. 100-201, eff. 8-18-17; 100-775, eff. 1-1-19; 
7101-634, eff. 6-5-20.)

8 (410 ILCS 70/6.6-1)
9 (Section scheduled to be repealed on June 30, 2021)
10 Sec. 6.6-1. Submission of sexual assault evidence.
11 (a) As soon as practicable, but in no event more than 4 
12hours after the completion of medical forensic services, the 
13hospital, approved pediatric health care facility, or approved 
14federally qualified health center shall make reasonable 
15efforts to determine the law enforcement agency having 
16jurisdiction where the sexual assault occurred, if sexual 
17assault evidence was collected. The hospital, approved 
18pediatric health care facility, or approved federally 
19qualified health center may obtain the name of the law 
20enforcement agency with jurisdiction from the local law 
21enforcement agency. 
22 (b) Within 4 hours after the completion of medical 
23forensic services, the hospital, approved pediatric health 
24care facility, or approved federally qualified health center 
25shall notify the law enforcement agency having jurisdiction 
 
 
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1that the hospital, approved pediatric health care facility, or 
2approved federally qualified health center is in possession of 
3sexual assault evidence and the date and time the collection 
4of evidence was completed. The hospital, approved pediatric 
5health care facility, or approved federally qualified health

6center shall document the notification in the patient's 
7medical records and shall include the agency notified, the 
8date and time of the notification and the name of the person 
9who received the notification. This notification to the law 
10enforcement agency having jurisdiction satisfies the 
11hospital's, approved pediatric health care facility's, or 
12approved federally qualified health center's requirement to 
13contact its local law enforcement agency under Section 3.2 of 
14the Criminal Identification Act. 
15 (c) If the law enforcement agency having jurisdiction has 
16not taken physical custody of sexual assault evidence within 5 
17days of the first contact by the hospital, approved pediatric 
18health care facility, or approved federally qualified health 
19center, the hospital, approved pediatric health care facility, 
20or approved federally qualified health center shall renotify 
21the law enforcement agency having jurisdiction that the 
22hospital, approved pediatric health care facility, or approved 
23federally qualified health center is in possession of sexual 
24assault evidence and the date the sexual assault evidence was 
25collected. The hospital, approved pediatric health care 
26facility, or approved federally qualified health center shall 
 
 
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1document the renotification in the patient's medical records 
2and shall include the agency notified, the date and time of the 
3notification and the name of the person who received the 
4notification. 
5 (d) If the law enforcement agency having jurisdiction has

6not taken physical custody of the sexual assault evidence 
7within 10 days of the first contact by the hospital, approved 
8pediatric health care facility, or approved federally 
9qualified health center and the hospital, approved pediatric 
10health care facility, or approved federally qualified health 
11center has provided renotification under subsection (c) of 
12this Section, the hospital, approved pediatric health care 
13facility, or approved federally qualified health center shall 
14contact the State's Attorney of the county where the law 
15enforcement agency having jurisdiction is located. The 
16hospital, approved pediatric health care facility shall inform 
17the State's Attorney that the hospital, approved pediatric 
18health care facility, or approved federally qualified health 
19center is in possession of sexual assault evidence, the date 
20the sexual assault evidence was collected, the law enforcement 
21agency having jurisdiction, the dates, times and names of 
22persons notified under subsections (b) and
(c)of this Section. 
23The notification shall be made within 14 days of the 
24collection of the sexual assault evidence. 
25 (e) This Section is repealed on December 31 June 30, 2021. 

26(Source: P.A. 101-634, eff. 6-5-20.)



 
 
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1 (410 ILCS 70/7) (from Ch. 111 1/2, par. 87-7)



2 Sec. 7. Reimbursement. 
3 (a) A hospital, approved pediatric health care facility, 
4or health care professional furnishing medical forensic 
5services, an ambulance provider furnishing transportation to a 
6sexual assault survivor, a hospital, health care professional, 
7or laboratory providing follow-up healthcare, or a pharmacy 
8dispensing prescribed medications to any sexual assault 
9survivor shall furnish such services or medications to that 
10person without charge and shall seek payment as follows:
11  (1) If a sexual assault survivor is eligible to 
12 receive benefits under the medical assistance program 
13 under Article V of the Illinois Public Aid Code, the 
14 ambulance provider, hospital, approved pediatric health 
15 care facility, health care professional, laboratory, or 
16 pharmacy must submit the bill to the Department of 
17 Healthcare and Family Services or the appropriate Medicaid 
18 managed care organization and accept the amount paid as 
19 full payment.
20  (2) If a sexual assault survivor is covered by one or 
21 more policies of health insurance or is a beneficiary 
22 under a public or private health coverage program, the 
23 ambulance provider, hospital, approved pediatric health 
24 care facility, health care professional, laboratory, or 
25 pharmacy shall bill the insurance company or program. With 
 
 
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1 respect to such insured patients, applicable deductible, 
2 co-pay, co-insurance, denial of claim, or any other 
3 out-of-pocket insurance-related expense may be submitted 
4 to the Illinois Sexual Assault Emergency Treatment Program 
5 of the Department of Healthcare and Family Services in 
6 accordance with 89 Ill. Adm. Code 148.510 for payment at 
7 the Department of Healthcare and Family Services' 
8 allowable rates under the Illinois Public Aid Code. The 
9 ambulance provider, hospital, approved pediatric health 
10 care facility, health care professional, laboratory, or 
11 pharmacy shall accept the amounts paid by the insurance 
12 company or health coverage program and the Illinois Sexual 
13 Assault Treatment Program as full payment.
14  (3) If a sexual assault survivor is neither eligible 
15 to receive benefits under the medical assistance program 
16 under Article V of the Illinois Public Aid Code nor 
17 covered by a policy of insurance or a public or private 
18 health coverage program, the ambulance provider, hospital, 
19 approved pediatric health care facility, health care 
20 professional, laboratory, or pharmacy shall submit the 
21 request for reimbursement to the Illinois Sexual Assault 
22 Emergency Treatment Program under the Department of 
23 Healthcare and Family Services in accordance with 89 Ill. 
24 Adm. Code 148.510 at the Department of Healthcare and 
25 Family Services' allowable rates under the Illinois Public 
26 Aid Code.
 
 
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1  (4) If a sexual assault survivor presents a sexual 
2 assault services voucher for follow-up healthcare, the 
3 healthcare professional, pediatric health care facility, 
4 or laboratory that provides follow-up healthcare or the 
5 pharmacy that dispenses prescribed medications to a sexual 
6 assault survivor shall submit the request for 
7 reimbursement for follow-up healthcare, pediatric health 
8 care facility, laboratory, or pharmacy services to the 
9 Illinois Sexual Assault Emergency Treatment Program under 
10 the Department of Healthcare and Family Services in 
11 accordance with 89 Ill. Adm. Code 148.510 at the 
12 Department of Healthcare and Family Services' allowable 
13 rates under the Illinois Public Aid Code. Nothing in this 
14 subsection (a) precludes hospitals or approved pediatric 
15 health care facilities from providing follow-up healthcare 
16 and receiving reimbursement under this Section. 

17 (b) Nothing in this Section precludes a hospital, health 
18care provider, ambulance provider, laboratory, or pharmacy 
19from billing the sexual assault survivor or any applicable 
20health insurance or coverage for inpatient services.
21 (c) (Blank).
22 (d) On and after July 1, 2012, the Department shall reduce 
23any rate of reimbursement for services or other payments or 
24alter any methodologies authorized by this Act or the Illinois 
25Public Aid Code to reduce any rate of reimbursement for 
26services or other payments in accordance with Section 5-5e of 
 
 
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1the Illinois Public Aid Code. 
2 (e) The Department of Healthcare and Family Services shall 
3establish standards, rules, and regulations to implement this 
4Section.

5 (f) This Section is effective on and after January 1, 2022 
6July 1, 2021. 
7(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)


8 (410 ILCS 70/7-1)
9 (Section scheduled to be repealed on June 30, 2021)
10 Sec. 7-1. Reimbursement
11 (a) A hospital, approved pediatric health care facility, 
12approved federally qualified health center, or health care

13professional furnishing medical forensic services, an 
14ambulance provider furnishing transportation to a sexual 
15assault survivor, a hospital, health care professional, or 
16laboratory providing follow-up healthcare, or a pharmacy 
17dispensing prescribed medications to any sexual assault 
18survivor shall furnish such services or medications to that 
19person without charge and shall seek payment as follows: 
20  (1) If a sexual assault survivor is eligible to 
21 receive benefits under the medical assistance program 
22 under Article V of the Illinois Public Aid Code, the 
23 ambulance provider, hospital, approved pediatric health 
24 care facility, approved federally qualified health center, 
25 health care professional, laboratory, or pharmacy must 
 
 
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1 submit the bill to the Department of Healthcare and Family 
2 Services or the appropriate Medicaid managed care 
3 organization and accept the amount paid as full payment. 
4  (2) If a sexual assault survivor is covered by one or 
5 more policies of health insurance or is a beneficiary 
6 under a public or private health coverage program, the 
7 ambulance provider, hospital, approved pediatric health 
8 care facility, approved federally qualified health center, 
9 health care professional, laboratory, or pharmacy shall 
10 bill the insurance company or program. With respect to 
11 such insured patients, applicable deductible, co-pay, 
12 co-insurance, denial of claim, or any other out-of-pocket 
13 insurance-related expense may be submitted to the Illinois

14 Sexual Assault Emergency Treatment Program of the 
15 Department of Healthcare and Family Services in accordance 
16 with 89 Ill. Adm. Code 148.510 for payment at the 
17 Department of Healthcare and Family Services' allowable 
18 rates under the Illinois Public Aid Code. The ambulance 
19 provider, hospital, approved pediatric health care 
20 facility, approved federally qualified health center, 
21 health care professional, laboratory, or pharmacy shall 
22 accept the amounts paid by the insurance company or health 
23 coverage program and the Illinois Sexual Assault Treatment 
24 Program as full payment. 
25  (3) If a sexual assault survivor is neither eligible 
26 to receive benefits under the medical assistance program 
 
 
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1 under Article V of the Illinois Public Aid Code nor 
2 covered by a policy of insurance or a public or private 
3 health coverage program, the ambulance provider, hospital, 
4 approved pediatric health care facility, approved 
5 federally qualified health center, health care 
6 professional, laboratory, or pharmacy shall submit the 
7 request for reimbursement to the Illinois Sexual Assault 
8 Emergency Treatment Program under the Department of 
9 Healthcare and Family Services in accordance with 89 Ill. 
10 Adm. Code 148.510 at the Department of Healthcare and 
11 Family Services' allowable rates under the Illinois Public 
12 Aid Code. 
13  (4) If a sexual assault survivor presents a sexual

14 assault services voucher for follow-up healthcare, the 
15 healthcare professional, pediatric health care facility, 
16 federally qualified health center, or laboratory that 
17 provides follow-up healthcare or the pharmacy that 
18 dispenses prescribed medications to a sexual assault 
19 survivor shall submit the request for reimbursement for 
20 follow-up healthcare, pediatric health care facility, 
21 laboratory, or pharmacy services to the Illinois Sexual 
22 Assault Emergency Treatment Program under the Department 
23 of Healthcare and Family Services in accordance with 89 
24 Ill. Adm. Code 148.510 at the Department of Healthcare and 
25 Family Services' allowable rates under the Illinois Public 
26 Aid Code. Nothing in this subsection (a) precludes 
 
 
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1 hospitals, or approved pediatric health care facilities or 
2 approved federally qualified health centers from providing 
3 follow-up healthcare and receiving reimbursement under 
4 this Section. 
5 (b) Nothing in this Section precludes a hospital, health 
6care provider, ambulance provider, laboratory, or pharmacy 
7from billing the sexual assault survivor or any applicable 
8health insurance or coverage for inpatient services. 
9 (c) (Blank). 
10 (d) On and after July 1, 2012, the Department shall reduce 
11any rate of reimbursement for services or other payments or 
12alter any methodologies authorized by this Act or the Illinois 
13Public Aid Code to reduce any rate of reimbursement for 
14services or other payments in accordance with Section 5-5e of 
15the Illinois Public Aid Code. 
16 (e) The Department of Healthcare and Family Services shall 
17establish standards, rules, and regulations to implement this 
18Section. 
19 (f) This Section is repealed on December 31 June 30, 2021. 

20(Source: P.A. 101-634, eff. 6-5-20.)

21 (410 ILCS 70/7.5)
22 (Text of Section before amendment by P.A. 101-652)
23 Sec. 7.5. Prohibition on billing sexual assault survivors 
24directly for certain services; written notice; billing 
25protocols.
 
 
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1 (a) A hospital, approved pediatric health care facility, 
2health care professional, ambulance provider, laboratory, or 
3pharmacy furnishing medical forensic services, transportation, 
4follow-up healthcare, or medication to a sexual assault 
5survivor shall not: 
6  (1) charge or submit a bill for any portion of the 
7 costs of the services, transportation, or medications to 
8 the sexual assault survivor, including any insurance 
9 deductible, co-pay, co-insurance, denial of claim by an 
10 insurer, spenddown, or any other out-of-pocket expense;
11  (2) communicate with, harass, or intimidate the sexual 
12 assault survivor for payment of services, including, but 
13 not limited to, repeatedly calling or writing to the 
14 sexual assault survivor and threatening to refer the 
15 matter to a debt collection agency or to an attorney for 
16 collection, enforcement, or filing of other process;
17  (3) refer a bill to a collection agency or attorney 
18 for collection action against the sexual assault survivor;
19  (4) contact or distribute information to affect the 
20 sexual assault survivor's credit rating; or
21  (5) take any other action adverse to the sexual 
22 assault survivor or his or her family on account of 
23 providing services to the sexual assault survivor.
24 (b) Nothing in this Section precludes a hospital, health 
25care provider, ambulance provider, laboratory, or pharmacy 
26from billing the sexual assault survivor or any applicable 
 
 
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1health insurance or coverage for inpatient services.
2 (c) Every hospital and approved pediatric health care 
3facility providing treatment services to sexual assault 
4survivors in accordance with a plan approved under Section 2 
5of this Act shall provide a written notice to a sexual assault 
6survivor. The written notice must include, but is not limited 
7to, the following:
8  (1) a statement that the sexual assault survivor 
9 should not be directly billed by any ambulance provider 
10 providing transportation services, or by any hospital, 
11 approved pediatric health care facility, health care 
12 professional, laboratory, or pharmacy for the services the 
13 sexual assault survivor received as an outpatient at the 
14 hospital or approved pediatric health care facility;
15  (2) a statement that a sexual assault survivor who is 
16 admitted to a hospital may be billed for inpatient 
17 services provided by a hospital, health care professional, 
18 laboratory, or pharmacy;
19  (3) a statement that prior to leaving the hospital or 
20 approved pediatric health care facility, the hospital or 
21 approved pediatric health care facility will give the 
22 sexual assault survivor a sexual assault services voucher 
23 for follow-up healthcare if the sexual assault survivor is 
24 eligible to receive a sexual assault services voucher;
25  (4) the definition of "follow-up healthcare" as set 
26 forth in Section 1a of this Act;
 
 
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1  (5) a phone number the sexual assault survivor may 
2 call should the sexual assault survivor receive a bill 
3 from the hospital or approved pediatric health care 
4 facility for medical forensic services;
5  (6) the toll-free phone number of the Office of the 
6 Illinois Attorney General, Crime Victim Services Division, 
7 which the sexual assault survivor may call should the 
8 sexual assault survivor receive a bill from an ambulance 
9 provider, approved pediatric health care facility, a 
10 health care professional, a laboratory, or a pharmacy.
11 This subsection (c) shall not apply to hospitals that 
12provide transfer services as defined under Section 1a of this 
13Act.
14 (d) Within 60 days after the effective date of this 
15amendatory Act of the 99th General Assembly, every health care 
16professional, except for those employed by a hospital or 
17hospital affiliate, as defined in the Hospital Licensing Act, 
18or those employed by a hospital operated under the University 
19of Illinois Hospital Act, who bills separately for medical or 
20forensic services must develop a billing protocol that ensures 
21that no survivor of sexual assault will be sent a bill for any 
22medical forensic services and submit the billing protocol to 
23the Crime Victim Services Division of the Office of the 
24Attorney General for approval. Within 60 days after the 
25commencement of the provision of medical forensic services, 
26every health care professional, except for those employed by a 
 
 
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1hospital or hospital affiliate, as defined in the Hospital 
2Licensing Act, or those employed by a hospital operated under 
3the University of Illinois Hospital Act, who bills separately 
4for medical or forensic services must develop a billing 
5protocol that ensures that no survivor of sexual assault is 
6sent a bill for any medical forensic services and submit the 
7billing protocol to the Crime Victim Services Division of the 
8Office of the Attorney General for approval. Health care 
9professionals who bill as a legal entity may submit a single 
10billing protocol for the billing entity. 
11 Within 60 days after the Department's approval of a 
12treatment plan, an approved pediatric health care facility and 
13any health care professional employed by an approved pediatric 
14health care facility must develop a billing protocol that 
15ensures that no survivor of sexual assault is sent a bill for 
16any medical forensic services and submit the billing protocol 
17to the Crime Victim Services Division of the Office of the 
18Attorney General for approval.
19  The billing protocol must include at a minimum:
20  (1) a description of training for persons who prepare 
21 bills for medical and forensic services;
22  (2) a written acknowledgement signed by a person who 
23 has completed the training that the person will not bill 
24 survivors of sexual assault;
25  (3) prohibitions on submitting any bill for any 
26 portion of medical forensic services provided to a 
 
 
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1 survivor of sexual assault to a collection agency;
2  (4) prohibitions on taking any action that would 
3 adversely affect the credit of the survivor of sexual 
4 assault;
5  (5) the termination of all collection activities if 
6 the protocol is violated; and
7  (6) the actions to be taken if a bill is sent to a 
8 collection agency or the failure to pay is reported to any 
9 credit reporting agency.
10 The Crime Victim Services Division of the Office of the 
11Attorney General may provide a sample acceptable billing 
12protocol upon request.
13 The Office of the Attorney General shall approve a 
14proposed protocol if it finds that the implementation of the 
15protocol would result in no survivor of sexual assault being 
16billed or sent a bill for medical forensic services.
17 If the Office of the Attorney General determines that 
18implementation of the protocol could result in the billing of 
19a survivor of sexual assault for medical forensic services, 
20the Office of the Attorney General shall provide the health 
21care professional or approved pediatric health care facility 
22with a written statement of the deficiencies in the protocol. 
23The health care professional or approved pediatric health care 
24facility shall have 30 days to submit a revised billing 
25protocol addressing the deficiencies to the Office of the 
26Attorney General. The health care professional or approved 
 
 
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1pediatric health care facility shall implement the protocol 
2upon approval by the Crime Victim Services Division of the 
3Office of the Attorney General.
4 The health care professional or approved pediatric health 
5care facility shall submit any proposed revision to or 
6modification of an approved billing protocol to the Crime 
7Victim Services Division of the Office of the Attorney General 
8for approval. The health care professional or approved 
9pediatric health care facility shall implement the revised or 
10modified billing protocol upon approval by the Crime Victim 
11Services Division of the Office of the Illinois Attorney 
12General.

13 (e) This Section is effective on and after January 1, 2022 
14July 1, 2021. 
15(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)

16 (Text of Section after amendment by P.A. 101-652)
17 Sec. 7.5. Prohibition on billing sexual assault survivors 
18directly for certain services; written notice; billing 
19protocols.
20 (a) A hospital, approved pediatric health care facility, 
21health care professional, ambulance provider, laboratory, or 
22pharmacy furnishing medical forensic services, transportation, 
23follow-up healthcare, or medication to a sexual assault 
24survivor shall not: 
25  (1) charge or submit a bill for any portion of the 
 
 
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1 costs of the services, transportation, or medications to 
2 the sexual assault survivor, including any insurance 
3 deductible, co-pay, co-insurance, denial of claim by an 
4 insurer, spenddown, or any other out-of-pocket expense;
5  (2) communicate with, harass, or intimidate the sexual 
6 assault survivor for payment of services, including, but 
7 not limited to, repeatedly calling or writing to the 
8 sexual assault survivor and threatening to refer the 
9 matter to a debt collection agency or to an attorney for 
10 collection, enforcement, or filing of other process;
11  (3) refer a bill to a collection agency or attorney 
12 for collection action against the sexual assault survivor;
13  (4) contact or distribute information to affect the 
14 sexual assault survivor's credit rating; or
15  (5) take any other action adverse to the sexual 
16 assault survivor or his or her family on account of 
17 providing services to the sexual assault survivor.
18 (b) Nothing in this Section precludes a hospital, health 
19care provider, ambulance provider, laboratory, or pharmacy 
20from billing the sexual assault survivor or any applicable 
21health insurance or coverage for inpatient services.
22 (c) Every hospital and approved pediatric health care 
23facility providing treatment services to sexual assault 
24survivors in accordance with a plan approved under Section 2 
25of this Act shall provide a written notice to a sexual assault 
26survivor. The written notice must include, but is not limited 
 
 
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1to, the following:
2  (1) a statement that the sexual assault survivor 
3 should not be directly billed by any ambulance provider 
4 providing transportation services, or by any hospital, 
5 approved pediatric health care facility, health care 
6 professional, laboratory, or pharmacy for the services the 
7 sexual assault survivor received as an outpatient at the 
8 hospital or approved pediatric health care facility;
9  (2) a statement that a sexual assault survivor who is 
10 admitted to a hospital may be billed for inpatient 
11 services provided by a hospital, health care professional, 
12 laboratory, or pharmacy;
13  (3) a statement that prior to leaving the hospital or 
14 approved pediatric health care facility, the hospital or 
15 approved pediatric health care facility will give the 
16 sexual assault survivor a sexual assault services voucher 
17 for follow-up healthcare if the sexual assault survivor is 
18 eligible to receive a sexual assault services voucher;
19  (4) the definition of "follow-up healthcare" as set 
20 forth in Section 1a of this Act;
21  (5) a phone number the sexual assault survivor may 
22 call should the sexual assault survivor receive a bill 
23 from the hospital or approved pediatric health care 
24 facility for medical forensic services;
25  (6) the toll-free phone number of the Office of the 
26 Illinois Attorney General, which the sexual assault 
 
 
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1 survivor may call should the sexual assault survivor 
2 receive a bill from an ambulance provider, approved 
3 pediatric health care facility, a health care 
4 professional, a laboratory, or a pharmacy.
5 This subsection (c) shall not apply to hospitals that 
6provide transfer services as defined under Section 1a of this 
7Act.
8 (d) Within 60 days after the effective date of this 
9amendatory Act of the 99th General Assembly, every health care 
10professional, except for those employed by a hospital or 
11hospital affiliate, as defined in the Hospital Licensing Act, 
12or those employed by a hospital operated under the University 
13of Illinois Hospital Act, who bills separately for medical or 
14forensic services must develop a billing protocol that ensures 
15that no survivor of sexual assault will be sent a bill for any 
16medical forensic services and submit the billing protocol to 
17the Office of the Attorney General for approval. Within 60 
18days after the commencement of the provision of medical 
19forensic services, every health care professional, except for 
20those employed by a hospital or hospital affiliate, as defined 
21in the Hospital Licensing Act, or those employed by a hospital 
22operated under the University of Illinois Hospital Act, who 
23bills separately for medical or forensic services must develop 
24a billing protocol that ensures that no survivor of sexual 
25assault is sent a bill for any medical forensic services and 
26submit the billing protocol to the Attorney General for 
 
 
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1approval. Health care professionals who bill as a legal entity 
2may submit a single billing protocol for the billing entity. 
3 Within 60 days after the Department's approval of a 
4treatment plan, an approved pediatric health care facility and 
5any health care professional employed by an approved pediatric 
6health care facility must develop a billing protocol that 
7ensures that no survivor of sexual assault is sent a bill for 
8any medical forensic services and submit the billing protocol 
9to the Office of the Attorney General for approval.
10  The billing protocol must include at a minimum:
11  (1) a description of training for persons who prepare 
12 bills for medical and forensic services;
13  (2) a written acknowledgement signed by a person who 
14 has completed the training that the person will not bill 
15 survivors of sexual assault;
16  (3) prohibitions on submitting any bill for any 
17 portion of medical forensic services provided to a 
18 survivor of sexual assault to a collection agency;
19  (4) prohibitions on taking any action that would 
20 adversely affect the credit of the survivor of sexual 
21 assault;
22  (5) the termination of all collection activities if 
23 the protocol is violated; and
24  (6) the actions to be taken if a bill is sent to a 
25 collection agency or the failure to pay is reported to any 
26 credit reporting agency.
 
 
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1 The Office of the Attorney General may provide a sample 
2acceptable billing protocol upon request.
3 The Office of the Attorney General shall approve a 
4proposed protocol if it finds that the implementation of the 
5protocol would result in no survivor of sexual assault being 
6billed or sent a bill for medical forensic services.
7 If the Office of the Attorney General determines that 
8implementation of the protocol could result in the billing of 
9a survivor of sexual assault for medical forensic services, 
10the Office of the Attorney General shall provide the health 
11care professional or approved pediatric health care facility 
12with a written statement of the deficiencies in the protocol. 
13The health care professional or approved pediatric health care 
14facility shall have 30 days to submit a revised billing 
15protocol addressing the deficiencies to the Office of the 
16Attorney General. The health care professional or approved 
17pediatric health care facility shall implement the protocol 
18upon approval by the Office of the Attorney General.
19 The health care professional or approved pediatric health 
20care facility shall submit any proposed revision to or 
21modification of an approved billing protocol to the Office of 
22the Attorney General for approval. The health care 
23professional or approved pediatric health care facility shall 
24implement the revised or modified billing protocol upon 
25approval by the Office of the Illinois Attorney General.

26 (e) This Section is effective on and after January 1, 2022 
 
 
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1July 1, 2021. 
2(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20; 
3101-652, eff. 7-1-21.)

4 (410 ILCS 70/7.5-1)
5 (Section scheduled to be repealed on June 30, 2021)
6 Sec. 7.5-1. Prohibition on billing sexual assault 
7survivors directly for certain services; written notice; 
8billing protocols.
9 (a) A hospital, approved pediatric health care facility, 
10approved federally qualified health center, health care 
11professional, ambulance provider, laboratory, or pharmacy 
12furnishing medical forensic services, transportation, 
13follow-up healthcare, or medication to a sexual assault 
14survivor shall not: 
15  (1) charge or submit a bill for any portion of the 
16 costs of the services, transportation, or medications to 
17 the sexual assault survivor, including any insurance 
18 deductible, co-pay, co-insurance, denial of claim by an 
19 insurer, spenddown, or any other out-of-pocket expense; 
20  (2) communicate with, harass, or intimidate the sexual 
21 assault survivor for payment of services, including, but 
22 not limited to, repeatedly calling or writing to the 
23 sexual assault survivor and threatening to refer the 
24 matter to a debt collection agency or to an attorney for 
25 collection, enforcement, or filing of other process; 
 
 
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1  (3) refer a bill to a collection agency or attorney 
2 for collection action against the sexual assault survivor; 
3  (4) contact or distribute information to affect the 
4 sexual assault survivor's credit rating; or 
5  (5) take any other action adverse to the sexual 
6 assault survivor or his or her family on account of 
7 providing services to the sexual assault survivor. 
8 (b) Nothing in this Section precludes a hospital, health 
9care provider, ambulance provider, laboratory, or pharmacy 
10from billing the sexual assault survivor or any applicable 
11health insurance or coverage for inpatient services. 
12 (c) Every hospital, approved pediatric health care 
13facility, and approved federally qualified health center 
14providing treatment services to sexual assault survivors in 
15accordance with a plan approved under Section 2-1 of this Act 
16shall provide a written notice to a sexual assault survivor. 
17The written notice must include, but is not limited to, the 
18following: 
19  (1) a statement that the sexual assault survivor 
20 should not be directly billed by any ambulance provider 
21 providing transportation services, or by any hospital, 
22 approved pediatric health care facility, approved 
23 federally qualified health center, health care 
24 professional,
laboratory, or pharmacy for the services the 
25 sexual assault survivor received as an outpatient at the 
26 hospital, approved pediatric health care facility, or 
 
 
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1 approved federally qualified health center; 
2  (2) a statement that a sexual assault survivor who is 
3 admitted to a hospital may be billed for inpatient 
4 services provided by a hospital, health care professional, 
5 laboratory, or pharmacy; 
6  (3) a statement that prior to leaving the hospital, 
7 approved pediatric health care facility, or approved 
8 federally qualified health center, the hospital, approved 
9 pediatric health care facility, or approved federally 
10 qualified health center will give the sexual assault 
11 survivor a sexual assault services voucher for follow-up 
12 healthcare if the sexual assault survivor is eligible to 
13 receive a sexual assault services voucher; 
14  (4) the definition of "follow-up healthcare" as set 
15 forth in Section 1a-1 of this Act; 
16  (5) a phone number the sexual assault survivor may 
17 call should the sexual assault survivor receive a bill 
18 from the hospital, approved pediatric health care 
19 facility, or approved federally qualified health center 
20 for medical forensic services; 
21  (6) the toll-free phone number of the Office of the 
22 Illinois Attorney General, Crime Victim Services Division, 
23 which the sexual assault survivor may call should the

24 sexual assault survivor receive a bill from an ambulance 
25 provider, approved pediatric health care facility, 
26 approved federally qualified health center, a health care 
 
 
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1 professional, a laboratory, or a pharmacy. 
2 This subsection (c) shall not apply to hospitals that 
3provide transfer services as defined under Section 1a-1 of 
4this Act. 
5 (d) Within 60 days after the effective date of this 
6amendatory Act of the 101st General Assembly, every health 
7care professional, except for those employed by a hospital or 
8hospital affiliate, as defined in the Hospital Licensing Act, 
9or those employed by a hospital operated under the University 
10of Illinois Hospital Act, who bills separately for medical or 
11forensic services must develop a billing protocol that ensures 
12that no survivor of sexual assault will be sent a bill for any 
13medical forensic services and submit the billing protocol to 
14the Crime Victim Services Division of the Office of the 
15Attorney General for approval. Within 60 days after the 
16commencement of the provision of medical forensic services, 
17every health care professional, except for those employed by a 
18hospital or hospital affiliate, as defined in the Hospital 
19Licensing Act, or those employed by a hospital operated under 
20the University of Illinois Hospital Act, who bills separately 
21for medical or forensic services must develop a billing 
22protocol that ensures that no survivor of sexual assault is 
23sent a bill for any medical forensic services and submit the 
24billing protocol to the Crime Victim Services Division of the 
25Office of the Attorney General for approval. Health care 
26professionals who bill as a legal entity may submit a single 
 
 
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1billing protocol for the billing entity. 
2 Within 60 days after the Department's approval of a 
3treatment plan, an approved pediatric health care facility and 
4any health care professional employed by an approved pediatric 
5health care facility must develop a billing protocol that 
6ensures that no survivor of sexual assault is sent a bill for 
7any medical forensic services and submit the billing protocol 
8to the Crime Victim Services Division of the Office of the 
9Attorney General for approval. 
10 Within 14 days after the Department's approval of a 
11treatment plan, an approved federally qualified health center 
12and any health care professional employed by an approved 
13federally qualified health center must develop a billing 
14protocol that ensures that no survivor of sexual assault is 
15sent a bill for any medical forensic services and submit the 
16billing protocol to the Crime Victim Services Division of the 
17Office of the Attorney General for approval. 
18 The billing protocol must include at a minimum: 
19  (1) a description of training for persons who prepare 
20 bills for medical and forensic services; 
21  (2) a written acknowledgement signed by a person who 
22 has completed the training that the person will not bill 
23 survivors of sexual assault; 
24  (3) prohibitions on submitting any bill for any 
25 portion of medical forensic services provided to a 
26 survivor of sexual assault to a collection agency; 
 
 
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1  (4) prohibitions on taking any action that would 
2 adversely affect the credit of the survivor of sexual 
3 assault; 
4  (5) the termination of all collection activities if 
5 the protocol is violated; and 
6  (6) the actions to be taken if a bill is sent to a 
7 collection agency or the failure to pay is reported to any 
8 credit reporting agency. 
9 The Crime Victim Services Division of the Office of the 
10Attorney General may provide a sample acceptable billing 
11protocol upon request. 
12 The Office of the Attorney General shall approve a 
13proposed protocol if it finds that the implementation of the 
14protocol would result in no survivor of sexual assault being 
15billed or sent a bill for medical forensic services. 
16 If the Office of the Attorney General determines that 
17implementation of the protocol could result in the billing of 
18a survivor of sexual assault for medical forensic services, 
19the Office of the Attorney General shall provide the health 
20care professional or approved pediatric health care facility 
21with a written statement of the deficiencies in the protocol. 
22The health care professional or approved pediatric health care 
23facility shall have 30 days to submit a revised billing 
24protocol addressing the deficiencies to the Office of the 
25Attorney General. The health care professional or approved 
26pediatric health care facility shall implement the protocol 
 
 
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1upon approval by the Crime Victim Services Division of the 
2Office of the Attorney General. 
3 The health care professional, approved pediatric health 
4care facility, or approved federally qualified health center 
5shall submit any proposed revision to or modification of an 
6approved billing protocol to the Crime Victim Services 
7Division of the Office of the Attorney General for approval. 
8The health care professional, approved pediatric health care 
9facility, or approved federally qualified health center shall 
10implement the revised or modified billing protocol upon 
11approval by the Crime Victim Services Division of the Office 
12of the Illinois Attorney General. 
13 (e) This Section is repealed on December 31 June 30, 2021. 

14(Source: P.A. 101-634, eff. 6-5-20.)



15 (410 ILCS 70/8) (from Ch. 111 1/2, par. 87-8)



16 Sec. 8. Penalties.  
17 (a) Any hospital or approved pediatric health care 
18facility violating any provisions of this Act other than 
19Section 7.5
shall be guilty of a petty offense for each 
20violation, and any fine imposed
shall be paid into the general 
21corporate funds of the city, incorporated
town or village in 
22which the hospital or approved pediatric health care facility 
23is located, or of the county, in case
such hospital is outside 
24the limits of any incorporated municipality. 

25 (b) The Attorney General may seek the assessment of one or 
 
 
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1more of the following civil monetary penalties in any action 
2filed under this Act where the hospital, approved pediatric 
3health care facility, health care professional, ambulance 
4provider, laboratory, or pharmacy knowingly violates Section 
57.5 of the Act: 
6  (1) For willful violations of paragraphs (1), (2), 
7 (4), or (5) of subsection (a) of Section 7.5 or subsection 
8 (c) of Section 7.5, the civil monetary penalty shall not 
9 exceed $500 per violation.
10  (2) For violations of paragraphs (1), (2), (4), or (5) 
11 of subsection (a) of Section 7.5 or subsection (c) of 
12 Section 7.5 involving a pattern or practice, the civil 
13 monetary penalty shall not exceed $500 per violation.
14  (3) For violations of paragraph (3) of subsection (a) 
15 of Section 7.5, the civil monetary penalty shall not 
16 exceed $500 for each day the bill is with a collection 
17 agency.
18  (4) For violations involving the failure to submit 
19 billing protocols within the time period required under 
20 subsection (d) of Section 7.5, the civil monetary penalty 
21 shall not exceed $100 per day until the health care 
22 professional or approved pediatric health care facility 
23 complies with subsection (d) of Section 7.5.
24 All civil monetary penalties shall be deposited into the 
25Violent Crime Victims Assistance Fund. 
26 (c) This Section is effective on and after January 1, 2022 
 
 
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1July 1, 2021. 
2(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)


3 (410 ILCS 70/8-1)
4 (Section scheduled to be repealed on June 30, 2021)
5 Sec. 8-1. Penalties.
6 (a) Any hospital, approved pediatric health care facility, 
7or approved federally qualified health center violating any 
8provisions of this Act other than Section 7.5-1 shall be 
9guilty of a petty offense for each violation, and any fine 
10imposed shall be paid into the general corporate funds of the 
11city, incorporated town or village in which the hospital, 
12approved pediatric health care facility, or approved federally 
13qualified health center is located, or of the
county, in case 
14such hospital is outside the limits of any incorporated 
15municipality. 
16 (b) The Attorney General may seek the assessment of one or 
17more of the following civil monetary penalties in any action 
18filed under this Act where the hospital, approved pediatric 
19health care facility, approved federally qualified health 
20center, health care professional, ambulance provider, 
21laboratory, or pharmacy knowingly violates Section 7.5-1 of 
22the Act: 
23  (1) For willful violations of paragraphs (1), (2), 
24 (4), or (5) of subsection (a) of Section 7.5-1 or 
25 subsection (c) of Section 7.5-1, the civil monetary 
 
 
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1 penalty shall not exceed $500 per violation. 
2  (2) For violations of paragraphs (1), (2), (4), or (5) 
3 of subsection (a) of Section 7.5-1 or subsection (c) of 
4 Section 7.5-1 involving a pattern or practice, the civil 
5 monetary penalty shall not exceed $500 per violation. 
6  (3) For violations of paragraph (3) of subsection (a) 
7 of Section 7.5-1, the civil monetary penalty shall not 
8 exceed $500 for each day the bill is with a collection 
9 agency. 
10  (4) For violations involving the failure to submit 
11 billing protocols within the time period required under 
12 subsection (d) of Section 7.5-1, the civil monetary 
13 penalty shall not exceed $100 per day until the health 
14 care professional or approved pediatric health care 
15 facility complies with subsection (d) of Section 7.5-1. 
16 All civil monetary penalties shall be deposited into the 
17Violent Crime Victims Assistance Fund. 
18 (c) This Section is repealed on December 31 June 30, 2021. 

19(Source: P.A. 101-634, eff. 6-5-20.)

20 (410 ILCS 70/10)
21 Sec. 10. Sexual Assault Nurse Examiner Program.
22 (a) The Sexual Assault Nurse Examiner Program is 
23established within the Office of the Attorney General. The 
24Sexual Assault Nurse Examiner Program shall maintain a list of 
25sexual assault nurse examiners who have completed didactic and 
 
 
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1clinical training requirements consistent with the Sexual 
2Assault Nurse Examiner Education Guidelines established by the 
3International Association of Forensic Nurses.
4 (b) By March 1, 2019, the Sexual Assault Nurse Examiner 
5Program shall develop and make available to hospitals 2 hours 
6of online sexual assault training for emergency department 
7clinical staff to meet the training requirement established in 
8subsection (a) of Section 2. Notwithstanding any other law 
9regarding ongoing licensure requirements, such training shall 
10count toward the continuing medical education and continuing 
11nursing education credits for physicians, physician 
12assistants, advanced practice registered nurses, and 
13registered professional nurses.
14 The Sexual Assault Nurse Examiner Program shall provide 
15didactic and clinical training opportunities consistent with 
16the Sexual Assault Nurse Examiner Education Guidelines 
17established by the International Association of Forensic 
18Nurses, in sufficient numbers and geographical locations 
19across the State, to assist hospitals with training the 
20necessary number of sexual assault nurse examiners to comply 
21with the requirement of this Act to employ or contract with a 
22qualified medical provider to initiate medical forensic 
23services to a
sexual assault survivor within 90 minutes of the 
24patient
presenting to the hospital as required in subsection 
25(a-7) of Section 5.
26 The Sexual Assault Nurse Examiner Program shall assist 
 
 
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1hospitals in establishing trainings to achieve the 
2requirements of this Act.
3 For the purpose of providing continuing medical education 
4credit in accordance with the Medical Practice Act of 1987 and 
5administrative rules adopted under the Medical Practice Act of 
61987 and continuing education credit in accordance with the 
7Nurse Practice Act and administrative rules adopted under the 
8Nurse Practice Act to health care professionals for the 
9completion of sexual assault training provided by the Sexual 
10Assault Nurse Examiner Program under this Act, the Office of 
11the Attorney General shall be considered a State agency. 
12 (c) The Sexual Assault Nurse Examiner Program, in 
13consultation with qualified medical providers, shall create 
14uniform materials that all
treatment hospitals, treatment 
15hospitals with approved pediatric transfer, and approved 
16pediatric health care facilities are
required to give patients 
17and non-offending parents or legal
guardians, if applicable, 
18regarding the medical forensic exam
procedure, laws regarding 
19consenting to medical forensic
services, and the benefits and 
20risks of evidence collection,
including recommended time 
21frames for evidence collection
pursuant to evidence-based 
22research. These materials shall be
made available to all 
23hospitals and approved pediatric health
care facilities on the 
24Office of the Attorney General's
website.

25 (d) This Section is effective on and after January 1, 2022 
26July 1, 2021. 
 
 
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1(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)

2 (410 ILCS 70/10-1)
3 (Section scheduled to be repealed on June 30, 2021)
4 Sec. 10-1. Sexual Assault Nurse Examiner Program.
5 (a) The Sexual Assault Nurse Examiner Program is 
6established within the Office of the Attorney General. The 
7Sexual Assault Nurse Examiner Program shall maintain a list of 
8sexual assault nurse examiners who have completed didactic and 
9clinical training requirements consistent with the Sexual 
10Assault Nurse Examiner Education Guidelines established by the 
11International Association of Forensic Nurses. 
12 (b) By March 1, 2019, the Sexual Assault Nurse Examiner 
13Program shall develop and make available to hospitals 2 hours 
14of online sexual assault training for emergency department 
15clinical staff to meet the training requirement established in 
16subsection (a) of Section 2-1. Notwithstanding any other law 
17regarding ongoing licensure requirements, such training shall 
18count toward the continuing medical education and continuing 
19nursing education credits for physicians, physician 
20assistants, advanced practice registered nurses, and 
21registered professional nurses. 
22 The Sexual Assault Nurse Examiner Program shall provide 
23didactic and clinical training opportunities consistent with 
24the Sexual Assault Nurse Examiner Education Guidelines 
25established by the International Association of Forensic 
 
 
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1Nurses, in sufficient numbers and geographical locations 
2across the State, to assist hospitals with training the 
3necessary number of sexual assault nurse examiners to comply 
4with the requirement of this Act to employ or contract with a 
5qualified medical provider to initiate medical forensic 
6services to a
sexual assault survivor within 90 minutes of the 
7patient
presenting to the hospital as required in subsection 
8(a-7) of Section 5-1. 
9 The Sexual Assault Nurse Examiner Program shall assist 
10hospitals in establishing trainings to achieve the 
11requirements of this Act. 
12 For the purpose of providing continuing medical education 
13credit in accordance with the Medical Practice Act of 1987 and 
14administrative rules adopted under the Medical Practice Act of 
151987 and continuing education credit in accordance with the 
16Nurse Practice Act and administrative rules adopted under the 
17Nurse Practice Act to health care professionals for the 
18completion of sexual assault training provided by the Sexual 
19Assault Nurse Examiner Program under this Act, the Office of 
20the Attorney General shall be considered a State agency. 
21 (c) The Sexual Assault Nurse Examiner Program, in 
22consultation with qualified medical providers, shall create 
23uniform materials that all treatment hospitals, treatment 
24hospitals with approved pediatric transfer, approved pediatric 
25health care facilities, and approved federally
qualified 
26health centers are required to give patients and non-offending 
 
 
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1parents or legal guardians, if applicable, regarding the 
2medical forensic exam procedure, laws regarding consenting to 
3medical forensic services, and the benefits and risks of 
4evidence collection, including recommended time frames for 
5evidence collection pursuant to evidence-based research. These 
6materials shall be made available to all hospitals, approved 
7pediatric health care facilities, and approved federally 
8qualified health centers on the Office of the Attorney 
9General's website. 
10 (d) This Section is repealed on December 31 June 30, 2021. 

11(Source: P.A. 101-634, eff. 6-5-20.)

12 Section 10. The Criminal Code of 2012 is amended by 
13changing Sections 11-0.1 and 11-1.20 as follows:

14 (720 ILCS 5/11-0.1)
15 Sec. 11-0.1. Definitions. In this Article, unless the 
16context clearly requires otherwise, the following terms are 
17defined as indicated:
18 "Accused" means a person accused of an offense prohibited 
19by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of 
20this Code or a person for whose conduct the accused is legally 
21responsible under Article 5 of this Code.
22 "Adult obscenity or child pornography Internet site". See 
23Section 11-23.
24 "Advance prostitution" means:
 
 
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1  (1) Soliciting for a prostitute by performing any of 
2 the following acts when acting other than as a prostitute 
3 or a patron of a prostitute:
4   (A) Soliciting another for the purpose of 
5 prostitution.
6   (B) Arranging or offering to arrange a meeting of 
7 persons for the purpose of prostitution.
8   (C) Directing another to a place knowing the 
9 direction is for the purpose of prostitution.
10  (2) Keeping a place of prostitution by controlling or 
11 exercising control over the use of any place that could 
12 offer seclusion or shelter for the practice of 
13 prostitution and performing any of the following acts when 
14 acting other than as a prostitute or a patron of a 
15 prostitute:
16   (A) Knowingly granting or permitting the use of 
17 the place for the purpose of prostitution.
18   (B) Granting or permitting the use of the place 
19 under circumstances from which he or she could 
20 reasonably know that the place is used or is to be used 
21 for purposes of prostitution.
22   (C) Permitting the continued use of the place 
23 after becoming aware of facts or circumstances from 
24 which he or she should reasonably know that the place 
25 is being used for purposes of prostitution. 
26 "Agency". See Section 11-9.5.
 
 
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1 "Arranges". See Section 11-6.5.
2 "Bodily harm" means physical harm, and includes, but is 
3not limited to, sexually transmitted disease, pregnancy, and 
4impotence.
5 "Care and custody". See Section 11-9.5.
6 "Child care institution". See Section 11-9.3.
7 "Child pornography". See Section 11-20.1.
8 "Child sex offender". See Section 11-9.3.
9 "Coercive control" means a direct or implied threat of 
10danger, or retribution sufficient to coerce a reasonable 
11person of ordinary susceptibilities to perform an act which 
12otherwise would not have been performed, or acquiesce in an 
13act to which one otherwise would not have submitted. 
14 "Community agency". See Section 11-9.5.
15 "Conditional release". See Section 11-9.2.
16 "Consent". See Section 11-1.70.
17 "Custody". See Section 11-9.2.
18 "Day care center". See Section 11-9.3.
19 "Depict by computer". See Section 11-20.1.
20 "Depiction by computer". See Section 11-20.1.
21 "Disseminate". See Section 11-20.1.
22 "Distribute". See Section 11-21.
23 "Family member" means a parent, grandparent, child, aunt, 
24uncle, great-aunt, or great-uncle, whether by whole blood, 
25half-blood, or adoption, and includes a step-grandparent, 
26step-parent, or step-child. "Family member" also means, if the 
 
 
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1victim is a child under 18 years of age, an accused who has 
2resided in the household with the child continuously for at 
3least 6 months.
4 "Force or threat of force" means the use of force or 
5violence or the threat of force or violence, including, but 
6not limited to, the following situations:
7  (1) when the accused threatens to use force or 
8 violence on the victim or on any other person, and the 
9 victim under the circumstances reasonably believes that 
10 the accused has the ability to execute that threat; or
11  (2) when the accused overcomes the victim by use of 
12 superior strength or size, physical restraint, or physical 
13 confinement.
14 "Harmful to minors". See Section 11-21.
15 "Loiter". See Section 9.3. 
16 "Material". See Section 11-21.
17 "Minor". See Section 11-21.
18 "Nudity". See Section 11-21.
19 "Obscene". See Section 11-20.
20 "Part day child care facility". See Section 11-9.3.
21 "Penal system". See Section 11-9.2.
22 "Person responsible for the child's welfare". See Section 
2311-9.1A.
24 "Person with a disability". See Section 11-9.5.
25 "Playground". See Section 11-9.3.
26 "Probation officer". See Section 11-9.2.
 
 
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1 "Produce". See Section 11-20.1.
2 "Profit from prostitution" means, when acting other than 
3as a prostitute, to receive anything of value for personally 
4rendered prostitution services or to receive anything of value 
5from a prostitute, if the thing received is not for lawful 
6consideration and the person knows it was earned in whole or in 
7part from the practice of prostitution. 
8 "Public park". See Section 11-9.3.
9 "Public place". See Section 11-30.
10 "Reproduce". See Section 11-20.1.
11 "Sado-masochistic abuse". See Section 11-21.
12 "School". See Section 11-9.3. 
13 "School official". See Section 11-9.3.
14 "Sexual abuse". See Section 11-9.1A.
15 "Sexual act". See Section 11-9.1.
16 "Sexual conduct" means any knowing touching or fondling by 
17the victim or the accused, either directly or through 
18clothing, of the sex organs, anus, or breast of the victim or 
19the accused, or any part of the body of a child under 13 years 
20of age, or any transfer or transmission of semen by the accused 
21upon any part of the clothed or unclothed body of the victim, 
22for the purpose of sexual gratification or arousal of the 
23victim or the accused.
24 "Sexual excitement". See Section 11-21.
25 "Sexual penetration" means any contact, however slight, 
26between the sex organ or anus of one person and an object or 
 
 
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1the sex organ, mouth, or anus of another person, or any 
2intrusion, however slight, of any part of the body of one 
3person or of any animal or object into the sex organ or anus of 
4another person, including, but not limited to, cunnilingus, 
5fellatio, or anal penetration. Evidence of emission of semen 
6is not required to prove sexual penetration.
7 "Solicit". See Section 11-6.
8 "State-operated facility". See Section 11-9.5.
9 "Supervising officer". See Section 11-9.2.
10 "Surveillance agent". See Section 11-9.2.
11 "Treatment and detention facility". See Section 11-9.2.
12 "Victim" means a person alleging to have been subjected to 
13an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, 
1411-1.50, or 11-1.60 of this Code.

15(Source: P.A. 96-1551, eff. 7-1-11.)



16 (720 ILCS 5/11-1.20)  (was 720 ILCS 5/12-13)


17 Sec. 11-1.20. Criminal sexual assault. 

18 (a) A person commits criminal sexual assault if that 
19person commits an act of sexual penetration and:
20  (1) uses force or threat of force;
21  (2) knows that the victim is unable to understand the 
22 nature of the act or is unable to give knowing consent;
23  (3) is a family member of the victim, and the victim is 
24 under 18 years of age; or
25  (4) is 17 years of age or over and holds a position of 
 
 
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1 trust, authority, or supervision in relation to the 
2 victim, and the victim is at least 13 years of age but 
3 under 18 years of age; or .
4  (5) uses coercive control. 

5 (b) Sentence. 

6  (1) Criminal sexual assault is a Class 1 felony, 
7 except that: 

8   (A) A person who is convicted of the offense of 
9 criminal sexual assault as
defined in paragraph (a)(1) 
10 or (a)(2) after having previously been convicted of

11 the offense of criminal sexual assault or the offense 
12 of exploitation of a child, or who is convicted of the 
13 offense of
criminal sexual assault as defined in 
14 paragraph (a)(1) or (a)(2) after having
previously 
15 been convicted under the laws of this State or any 
16 other state of an
offense that is substantially 
17 equivalent to the offense of criminal sexual
assault 
18 or to the offense of exploitation of a child, commits a 
19 Class X felony for which the person shall be sentenced 
20 to a
term of imprisonment of not less than 30 years and 
21 not more than 60 years, except that if the person is 
22 under the age of 18 years at the time of the offense, 
23 he or she shall be sentenced under Section 5-4.5-105 
24 of the Unified Code of Corrections. The
commission of 
25 the second or subsequent offense is required to have 
26 been after
the initial conviction for this paragraph 
 
 
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1 (A) to apply.

2   (B) A person who has attained the age of 18 years 
3 at the time of the commission of the offense and who is 
4 convicted of the offense of criminal sexual assault as

5 defined in paragraph (a)(1) or (a)(2) after having 
6 previously been convicted of
the offense of aggravated 
7 criminal sexual assault or the offense of predatory

8 criminal sexual assault of a child, or who is 
9 convicted of the offense of
criminal sexual assault as 
10 defined in paragraph (a)(1) or (a)(2) after having

11 previously been convicted under the laws of this State 
12 or any other state of an
offense that is substantially 
13 equivalent to the offense of aggravated criminal

14 sexual assault or the offense of predatory criminal 
15 sexual assault of a child shall be
sentenced to a term 
16 of natural life imprisonment. The commission of the 
17 second
or subsequent offense is required to have been 
18 after the initial conviction for
this paragraph (B) to 
19 apply. An offender under the age of 18 years at the 
20 time of the commission of the offense covered by this 
21 subparagraph (B) shall be sentenced under Section 
22 5-4.5-105 of the Unified Code of Corrections. 

23   (C) A second or subsequent conviction for a 
24 violation of paragraph
(a)(3) or (a)(4) or under any 
25 similar statute of this State
or any other state for 
26 any offense involving criminal sexual assault that is

 
 
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1 substantially equivalent to or more serious than the 
2 sexual assault prohibited
under paragraph (a)(3) or 
3 (a)(4) is a Class X felony. 

4(Source: P.A. 99-69, eff. 1-1-16.)


5 Section 15. The Code of Criminal Procedure of 1963 is 
6amended by changing Section 106B-10 as follows:

7 (725 ILCS 5/106B-10)
8 Sec. 106B-10. Conditions for testimony by a victim who is 
9a child or a moderately, severely, or profoundly 
10intellectually disabled person or a person affected by a 
11developmental disability. In a prosecution of criminal sexual 
12assault, predatory criminal sexual assault of a child, 
13aggravated criminal sexual assault, criminal sexual abuse, or 
14aggravated criminal sexual abuse, or any violent crime as 
15defined in subsection (c) of Section 3 of the Rights of Crime 
16Victims and Witnesses Act, the court may set any conditions it 
17finds just and appropriate on the taking of testimony of a 
18victim who is a child under the age of 18 years or a 
19moderately, severely, or profoundly intellectually disabled 
20person or a person affected by a developmental disability, 
21involving the use of a facility dog in any proceeding 
22involving that offense. When deciding whether to permit the 
23child or person to testify with the assistance of a facility 
24dog, the court shall take into consideration the age of the 
 
 
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1child or person, the rights of the parties to the litigation, 
2and any other relevant factor that would facilitate the 
3testimony by the child or the person. As used in this Section, 
4"facility dog" means a dog that is a graduate of an assistance 
5dog organization that is a member of Assistance Dogs 
6International.

7(Source: P.A. 99-94, eff. 1-1-16.)

8 Section 20. The Rights of Crime Victims and Witnesses Act 
9is amended by changing Sections 4.5, 7, and 9 as follows:



10 (725 ILCS 120/4.5)

11 (Text of Section before amendment by P.A. 101-652)
12 Sec. 4.5. Procedures to implement the rights of crime 
13victims. To afford
crime victims their rights, law 
14enforcement, prosecutors, judges, and
corrections will provide 
15information, as appropriate, of the following
procedures:

16 (a) At the request of the crime victim, law enforcement 
17authorities
investigating the case shall provide notice of the 
18status of the investigation,
except where the State's Attorney 
19determines that disclosure of such
information would 
20unreasonably interfere with the investigation, until such
time 
21as the alleged assailant is apprehended or the investigation 
22is closed.

23 (a-5) When law enforcement authorities reopen a closed 
24case to resume investigating, they shall provide notice of the 
 
 
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1reopening of the case, except where the State's Attorney 
2determines that disclosure of such information would 
3unreasonably interfere with the investigation. 
4 (b) The office of the State's Attorney:

5  (1) shall provide notice of the filing of an 
6 information, the return of an
indictment, or the
filing of 
7 a petition to adjudicate a minor as a delinquent for a 
8 violent
crime;

9  (2) shall provide timely notice of the date, time, and 
10 place of court proceedings; of any change in the date, 
11 time, and place of court proceedings; and of any 
12 cancellation of court proceedings. Notice shall be 
13 provided in sufficient time, wherever possible, for the 
14 victim to
make arrangements to attend or to prevent an 
15 unnecessary appearance at court proceedings;

16  (3) or victim advocate personnel shall provide 
17 information of social
services and financial assistance 
18 available for victims of crime, including
information of 
19 how to apply for these services and assistance;

20  (3.5) or victim advocate personnel shall provide 
21 information about available victim services, including 
22 referrals to programs, counselors, and agencies that 
23 assist a victim to deal with trauma, loss, and grief; 
24  (4) shall assist in having any stolen or other 
25 personal property held by
law enforcement authorities for 
26 evidentiary or other purposes returned as
expeditiously as 
 
 
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1 possible, pursuant to the procedures set out in Section 
2 115-9
of the Code of Criminal Procedure of 1963;

3  (5) or victim advocate personnel shall provide 
4 appropriate employer
intercession services to ensure that 
5 employers of victims will cooperate with
the criminal 
6 justice system in order to minimize an employee's loss of 
7 pay and
other benefits resulting from court appearances;

8  (6) shall provide, whenever possible, a secure waiting

9 area during court proceedings that does not require 
10 victims to be in close
proximity to defendants or 
11 juveniles accused of a violent crime, and their
families 
12 and friends;

13  (7) shall provide notice to the crime victim of the 
14 right to have a
translator present at all court 
15 proceedings and, in compliance with the federal Americans

16 with Disabilities Act of 1990, the right to communications 
17 access through a
sign language interpreter or by other 
18 means;

19  (8) (blank);

20  (8.5) shall inform the victim of the right to be 
21 present at all court proceedings, unless the victim is to 
22 testify and the court determines that the victim's 
23 testimony would be materially affected if the victim hears 
24 other testimony at trial; 
25  (9) shall inform the victim of the right to have 
26 present at all court
proceedings, subject to the rules of 
 
 
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1 evidence and confidentiality, an advocate and other 
2 support
person of the victim's choice; 
3  (9.3) shall inform the victim of the right to retain 
4 an attorney, at the
victim's own expense, who, upon 
5 written notice filed with the clerk of the
court and 
6 State's Attorney, is to receive copies of all notices, 
7 motions, and
court orders filed thereafter in the case, in 
8 the same manner as if the victim
were a named party in the 
9 case;

10  (9.5) shall inform the victim of (A) the victim's 
11 right under Section 6 of this Act to make a statement at 
12 the sentencing hearing; (B) the right of the victim's 
13 spouse, guardian, parent, grandparent, and other immediate 
14 family and household members under Section 6 of this Act 
15 to present a statement at sentencing; and (C) if a 
16 presentence report is to be prepared, the right of the 
17 victim's spouse, guardian, parent, grandparent, and other 
18 immediate family and household members to submit 
19 information to the preparer of the presentence report 
20 about the effect the offense has had on the victim and the 
21 person;
22  (10) at the sentencing shall make a good faith attempt 
23 to explain
the minimum amount of time during which the 
24 defendant may actually be
physically imprisoned. The 
25 Office of the State's Attorney shall further notify
the 
26 crime victim of the right to request from the Prisoner 
 
 
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1 Review Board
or Department of Juvenile Justice information 
2 concerning the release of the defendant;

3  (11) shall request restitution at sentencing and as 
4 part of a plea agreement if the victim requests 
5 restitution;

6  (12) shall, upon the court entering a verdict of not 
7 guilty by reason of insanity, inform the victim of the 
8 notification services available from the Department of 
9 Human Services, including the statewide telephone number, 
10 under subparagraph (d)(2) of this Section; 

11  (13) shall provide notice within a reasonable time 
12 after receipt of notice from
the custodian, of the release 
13 of the defendant on bail or personal recognizance
or the 
14 release from detention of a minor who has been detained;

15  (14) shall explain in nontechnical language the 
16 details of any plea or verdict of
a defendant, or any 
17 adjudication of a juvenile as a delinquent;

18  (15) shall make all reasonable efforts to consult with 
19 the crime victim before the Office of
the State's Attorney 
20 makes an offer of a plea bargain to the defendant or
enters 
21 into negotiations with the defendant concerning a possible 
22 plea
agreement, and shall consider the written statement, 
23 if prepared
prior to entering into a plea agreement. The 
24 right to consult with the prosecutor does not include the 
25 right to veto a plea agreement or to insist the case go to 
26 trial. If the State's Attorney has not consulted with the 
 
 
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1 victim prior to making an offer or entering into plea 
2 negotiations with the defendant, the Office of the State's 
3 Attorney shall notify the victim of the offer or the 
4 negotiations within 2 business days and confer with the 
5 victim;

6  (16) shall provide notice of the ultimate disposition 
7 of the cases arising from
an indictment or an information, 
8 or a petition to have a juvenile adjudicated
as a 
9 delinquent for a violent crime;

10  (17) shall provide notice of any appeal taken by the 
11 defendant and information
on how to contact the 
12 appropriate agency handling the appeal, and how to request 
13 notice of any hearing, oral argument, or decision of an 
14 appellate court;

15  (18) shall provide timely notice of any request for 
16 post-conviction review filed by the
defendant under 
17 Article 122 of the Code of Criminal Procedure of 1963, and 
18 of
the date, time and place of any hearing concerning the 
19 petition. Whenever
possible, notice of the hearing shall 
20 be given within 48 hours of the court's scheduling of the 
21 hearing; and

22  (19) shall forward a copy of any statement presented 
23 under Section 6 to the
Prisoner Review Board or Department 
24 of Juvenile Justice to be considered in making a 
25 determination
under Section 3-2.5-85 or subsection (b) of 
26 Section 3-3-8 of the Unified Code of Corrections.

 
 
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1 (c) The court shall ensure that the rights of the victim 
2are afforded. 
3 (c-5) The following procedures shall be followed to afford 
4victims the rights guaranteed by Article I, Section 8.1 of the 
5Illinois Constitution:
6  (1) Written notice. A victim may complete a written 
7 notice of intent to assert rights on a form prepared by the 
8 Office of the Attorney General and provided to the victim 
9 by the State's Attorney. The victim may at any time 
10 provide a revised written notice to the State's Attorney. 
11 The State's Attorney shall file the written notice with 
12 the court. At the beginning of any court proceeding in 
13 which the right of a victim may be at issue, the court and 
14 prosecutor shall review the written notice to determine 
15 whether the victim has asserted the right that may be at 
16 issue.
17  (2) Victim's retained attorney. A victim's attorney 
18 shall file an entry of appearance limited to assertion of 
19 the victim's rights. Upon the filing of the entry of 
20 appearance and service on the State's Attorney and the 
21 defendant, the attorney is to receive copies of all 
22 notices, motions and court orders filed thereafter in the 
23 case.
24  (3) Standing. The victim has standing to assert the 
25 rights enumerated in subsection (a) of Article I, Section 
26 8.1 of the Illinois Constitution and the statutory rights 
 
 
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1 under Section 4 of this Act in any court exercising 
2 jurisdiction over the criminal case. The prosecuting 
3 attorney, a victim, or the victim's retained attorney may 
4 assert the victim's rights. The defendant in the criminal 
5 case has no standing to assert a right of the victim in any 
6 court proceeding, including on appeal.
7  (4) Assertion of and enforcement of rights.
8   (A) The prosecuting attorney shall assert a 
9 victim's right or request enforcement of a right by 
10 filing a motion or by orally asserting the right or 
11 requesting enforcement in open court in the criminal 
12 case outside the presence of the jury. The prosecuting 
13 attorney shall consult with the victim and the 
14 victim's attorney regarding the assertion or 
15 enforcement of a right. If the prosecuting attorney 
16 decides not to assert or enforce a victim's right, the 
17 prosecuting attorney shall notify the victim or the 
18 victim's attorney in sufficient time to allow the 
19 victim or the victim's attorney to assert the right or 
20 to seek enforcement of a right.
21   (B) If the prosecuting attorney elects not to 
22 assert a victim's right or to seek enforcement of a 
23 right, the victim or the victim's attorney may assert 
24 the victim's right or request enforcement of a right 
25 by filing a motion or by orally asserting the right or 
26 requesting enforcement in open court in the criminal 
 
 
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1 case outside the presence of the jury.
2   (C) If the prosecuting attorney asserts a victim's 
3 right or seeks enforcement of a right, and the court 
4 denies the assertion of the right or denies the 
5 request for enforcement of a right, the victim or 
6 victim's attorney may file a motion to assert the 
7 victim's right or to request enforcement of the right 
8 within 10 days of the court's ruling. The motion need 
9 not demonstrate the grounds for a motion for 
10 reconsideration. The court shall rule on the merits of 
11 the motion.
12   (D) The court shall take up and decide any motion 
13 or request asserting or seeking enforcement of a 
14 victim's right without delay, unless a specific time 
15 period is specified by law or court rule. The reasons 
16 for any decision denying the motion or request shall 
17 be clearly stated on the record.
18  (5) Violation of rights and remedies. 
19   (A) If the court determines that a victim's right 
20 has been violated, the court shall determine the 
21 appropriate remedy for the violation of the victim's 
22 right by hearing from the victim and the parties, 
23 considering all factors relevant to the issue, and 
24 then awarding appropriate relief to the victim.
25   (A-5) Consideration of an issue of a substantive 
26 nature or an issue that implicates the constitutional 
 
 
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1 or statutory right of a victim at a court proceeding 
2 labeled as a status hearing shall constitute a per se 
3 violation of a victim's right. 
4   (B) The appropriate remedy shall include only 
5 actions necessary to provide the victim the right to 
6 which the victim was entitled and may include 
7 reopening previously held proceedings; however, in no 
8 event shall the court vacate a conviction. Any remedy 
9 shall be tailored to provide the victim an appropriate 
10 remedy without violating any constitutional right of 
11 the defendant. In no event shall the appropriate 
12 remedy be a new trial, damages, or costs.
13  (6) Right to be heard. Whenever a victim has the right 
14 to be heard, the court shall allow the victim to exercise 
15 the right in any reasonable manner the victim chooses.
16  (7) Right to attend trial. A party must file a written 
17 motion to exclude a victim from trial at least 60 days 
18 prior to the date set for trial. The motion must state with 
19 specificity the reason exclusion is necessary to protect a 
20 constitutional right of the party, and must contain an 
21 offer of proof. The court shall rule on the motion within 
22 30 days. If the motion is granted, the court shall set 
23 forth on the record the facts that support its finding 
24 that the victim's testimony will be materially affected if 
25 the victim hears other testimony at trial.
26  (8) Right to have advocate and support person present 
 
 
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1 at court proceedings.
2   (A) A party who intends to call an advocate as a 
3 witness at trial must seek permission of the court 
4 before the subpoena is issued. The party must file a 
5 written motion at least 90 days before trial that sets 
6 forth specifically the issues on which the advocate's 
7 testimony is sought and an offer of proof regarding 
8 (i) the content of the anticipated testimony of the 
9 advocate; and (ii) the relevance, admissibility, and 
10 materiality of the anticipated testimony. The court 
11 shall consider the motion and make findings within 30 
12 days of the filing of the motion. If the court finds by 
13 a preponderance of the evidence that: (i) the 
14 anticipated testimony is not protected by an absolute 
15 privilege; and (ii) the anticipated testimony contains 
16 relevant, admissible, and material evidence that is 
17 not available through other witnesses or evidence, the 
18 court shall issue a subpoena requiring the advocate to 
19 appear to testify at an in camera hearing. The 
20 prosecuting attorney and the victim shall have 15 days 
21 to seek appellate review before the advocate is 
22 required to testify at an ex parte in camera 
23 proceeding. 
24   The prosecuting attorney, the victim, and the 
25 advocate's attorney shall be allowed to be present at 
26 the ex parte in camera proceeding. If, after 
 
 
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1 conducting the ex parte in camera hearing, the court 
2 determines that due process requires any testimony 
3 regarding confidential or privileged information or 
4 communications, the court shall provide to the 
5 prosecuting attorney, the victim, and the advocate's 
6 attorney a written memorandum on the substance of the 
7 advocate's testimony. The prosecuting attorney, the 
8 victim, and the advocate's attorney shall have 15 days 
9 to seek appellate review before a subpoena may be 
10 issued for the advocate to testify at trial. The 
11 presence of the prosecuting attorney at the ex parte 
12 in camera proceeding does not make the substance of 
13 the advocate's testimony that the court has ruled 
14 inadmissible subject to discovery.
15   (B) If a victim has asserted the right to have a 
16 support person present at the court proceedings, the 
17 victim shall provide the name of the person the victim 
18 has chosen to be the victim's support person to the 
19 prosecuting attorney, within 60 days of trial. The 
20 prosecuting attorney shall provide the name to the 
21 defendant. If the defendant intends to call the 
22 support person as a witness at trial, the defendant 
23 must seek permission of the court before a subpoena is 
24 issued. The defendant must file a written motion at 
25 least 45 days prior to trial that sets forth 
26 specifically the issues on which the support person 
 
 
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1 will testify and an offer of proof regarding: (i) the 
2 content of the anticipated testimony of the support 
3 person; and (ii) the relevance, admissibility, and 
4 materiality of the anticipated testimony.
5   If the prosecuting attorney intends to call the 
6 support person as a witness during the State's 
7 case-in-chief, the prosecuting attorney shall inform 
8 the court of this intent in the response to the 
9 defendant's written motion. The victim may choose a 
10 different person to be the victim's support person. 
11 The court may allow the defendant to inquire about 
12 matters outside the scope of the direct examination 
13 during cross-examination. If the court allows the 
14 defendant to do so, the support person shall be 
15 allowed to remain in the courtroom after the support 
16 person has testified. A defendant who fails to 
17 question the support person about matters outside the 
18 scope of direct examination during the State's 
19 case-in-chief waives the right to challenge the 
20 presence of the support person on appeal. The court 
21 shall allow the support person to testify if called as 
22 a witness in the defendant's case-in-chief or the 
23 State's rebuttal.
24   If the court does not allow the defendant to 
25 inquire about matters outside the scope of the direct 
26 examination, the support person shall be allowed to 
 
 
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1 remain in the courtroom after the support person has 
2 been called by the defendant or the defendant has 
3 rested. The court shall allow the support person to 
4 testify in the State's rebuttal.
5   If the prosecuting attorney does not intend to 
6 call the support person in the State's case-in-chief, 
7 the court shall verify with the support person whether 
8 the support person, if called as a witness, would 
9 testify as set forth in the offer of proof. If the 
10 court finds that the support person would testify as 
11 set forth in the offer of proof, the court shall rule 
12 on the relevance, materiality, and admissibility of 
13 the anticipated testimony. If the court rules the 
14 anticipated testimony is admissible, the court shall 
15 issue the subpoena. The support person may remain in 
16 the courtroom after the support person testifies and 
17 shall be allowed to testify in rebuttal.
18   If the court excludes the victim's support person 
19 during the State's case-in-chief, the victim shall be 
20 allowed to choose another support person to be present 
21 in court. 
22   If the victim fails to designate a support person 
23 within 60 days of trial and the defendant has 
24 subpoenaed the support person to testify at trial, the 
25 court may exclude the support person from the trial 
26 until the support person testifies. If the court 
 
 
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1 excludes the support person the victim may choose 
2 another person as a support person. 
3  (9) Right to notice and hearing before disclosure of 
4 confidential or privileged information or records. A 
5 defendant who seeks to subpoena records of or concerning 
6 the victim that are confidential or privileged by law must 
7 seek permission of the court before the subpoena is 
8 issued. The defendant must file a written motion and an 
9 offer of proof regarding the relevance, admissibility and 
10 materiality of the records. If the court finds by a 
11 preponderance of the evidence that: (A) the records are 
12 not protected by an absolute privilege and (B) the records 
13 contain relevant, admissible, and material evidence that 
14 is not available through other witnesses or evidence, the 
15 court shall issue a subpoena requiring a sealed copy of 
16 the records be delivered to the court to be reviewed in 
17 camera. If, after conducting an in camera review of the 
18 records, the court determines that due process requires 
19 disclosure of any portion of the records, the court shall 
20 provide copies of what it intends to disclose to the 
21 prosecuting attorney and the victim. The prosecuting 
22 attorney and the victim shall have 30 days to seek 
23 appellate review before the records are disclosed to the 
24 defendant. The disclosure of copies of any portion of the 
25 records to the prosecuting attorney does not make the 
26 records subject to discovery.
 
 
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1  (10) Right to notice of court proceedings. If the 
2 victim is not present at a court proceeding in which a 
3 right of the victim is at issue, the court shall ask the 
4 prosecuting attorney whether the victim was notified of 
5 the time, place, and purpose of the court proceeding and 
6 that the victim had a right to be heard at the court 
7 proceeding. If the court determines that timely notice was 
8 not given or that the victim was not adequately informed 
9 of the nature of the court proceeding, the court shall not 
10 rule on any substantive issues, accept a plea, or impose a 
11 sentence and shall continue the hearing for the time 
12 necessary to notify the victim of the time, place and 
13 nature of the court proceeding. The time between court 
14 proceedings shall not be attributable to the State under 
15 Section 103-5 of the Code of Criminal Procedure of 1963.
16  (11) Right to timely disposition of the case. A victim 
17 has the right to timely disposition of the case so as to 
18 minimize the stress, cost, and inconvenience resulting 
19 from the victim's involvement in the case. Before ruling 
20 on a motion to continue trial or other court proceeding, 
21 the court shall inquire into the circumstances for the 
22 request for the delay and, if the victim has provided 
23 written notice of the assertion of the right to a timely 
24 disposition, and whether the victim objects to the delay. 
25 If the victim objects, the prosecutor shall inform the 
26 court of the victim's objections. If the prosecutor has 
 
 
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1 not conferred with the victim about the continuance, the 
2 prosecutor shall inform the court of the attempts to 
3 confer. If the court finds the attempts of the prosecutor 
4 to confer with the victim were inadequate to protect the 
5 victim's right to be heard, the court shall give the 
6 prosecutor at least 3 but not more than 5 business days to 
7 confer with the victim. In ruling on a motion to continue, 
8 the court shall consider the reasons for the requested 
9 continuance, the number and length of continuances that 
10 have been granted, the victim's objections and procedures 
11 to avoid further delays. If a continuance is granted over 
12 the victim's objection, the court shall specify on the 
13 record the reasons for the continuance and the procedures 
14 that have been or will be taken to avoid further delays.
15  (12) Right to Restitution.
16   (A) If the victim has asserted the right to 
17 restitution and the amount of restitution is known at 
18 the time of sentencing, the court shall enter the 
19 judgment of restitution at the time of sentencing. 
20   (B) If the victim has asserted the right to 
21 restitution and the amount of restitution is not known 
22 at the time of sentencing, the prosecutor shall, 
23 within 5 days after sentencing, notify the victim what 
24 information and documentation related to restitution 
25 is needed and that the information and documentation 
26 must be provided to the prosecutor within 45 days 
 
 
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1 after sentencing. Failure to timely provide 
2 information and documentation related to restitution 
3 shall be deemed a waiver of the right to restitution. 
4 The prosecutor shall file and serve within 60 days 
5 after sentencing a proposed judgment for restitution 
6 and a notice that includes information concerning the 
7 identity of any victims or other persons seeking 
8 restitution, whether any victim or other person 
9 expressly declines restitution, the nature and amount 
10 of any damages together with any supporting 
11 documentation, a restitution amount recommendation, 
12 and the names of any co-defendants and their case 
13 numbers. Within 30 days after receipt of the proposed 
14 judgment for restitution, the defendant shall file any 
15 objection to the proposed judgment, a statement of 
16 grounds for the objection, and a financial statement. 
17 If the defendant does not file an objection, the court 
18 may enter the judgment for restitution without further 
19 proceedings. If the defendant files an objection and 
20 either party requests a hearing, the court shall 
21 schedule a hearing. 
22  (13) Access to presentence reports.
23   (A) The victim may request a copy of the 
24 presentence report prepared under the Unified Code of 
25 Corrections from the State's Attorney. The State's 
26 Attorney shall redact the following information before 
 
 
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1 providing a copy of the report:
2    (i) the defendant's mental history and 
3 condition;
4    (ii) any evaluation prepared under subsection 
5 (b) or (b-5) of Section 5-3-2; and
6    (iii) the name, address, phone number, and 
7 other personal information about any other victim.
8   (B) The State's Attorney or the defendant may 
9 request the court redact other information in the 
10 report that may endanger the safety of any person.
11   (C) The State's Attorney may orally disclose to 
12 the victim any of the information that has been 
13 redacted if there is a reasonable likelihood that the 
14 information will be stated in court at the sentencing.
15   (D) The State's Attorney must advise the victim 
16 that the victim must maintain the confidentiality of 
17 the report and other information. Any dissemination of 
18 the report or information that was not stated at a 
19 court proceeding constitutes indirect criminal 
20 contempt of court. 
21  (14) Appellate relief. If the trial court denies the 
22 relief requested, the victim, the victim's attorney, or 
23 the prosecuting attorney may file an appeal within 30 days 
24 of the trial court's ruling. The trial or appellate court 
25 may stay the court proceedings if the court finds that a 
26 stay would not violate a constitutional right of the 
 
 
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1 defendant. If the appellate court denies the relief 
2 sought, the reasons for the denial shall be clearly stated 
3 in a written opinion. In any appeal in a criminal case, the 
4 State may assert as error the court's denial of any crime 
5 victim's right in the proceeding to which the appeal 
6 relates.
7  (15) Limitation on appellate relief. In no case shall 
8 an appellate court provide a new trial to remedy the 
9 violation of a victim's right. 
10  (16) The right to be reasonably protected from the 
11 accused throughout the criminal justice process and the 
12 right to have the safety of the victim and the victim's 
13 family considered in denying or fixing the amount of bail, 
14 determining whether to release the defendant, and setting 
15 conditions of release after arrest and conviction. A 
16 victim of domestic violence, a sexual offense, or stalking 
17 may request the entry of a protective order under Article 
18 112A of the Code of Criminal Procedure of 1963. 
19 (d) Procedures after the imposition of sentence.
20  (1) The Prisoner Review Board shall inform a victim or 
21 any other
concerned citizen, upon written request, of the 
22 prisoner's release on parole,
mandatory supervised 
23 release, electronic detention, work release, international 
24 transfer or exchange, or by the
custodian, other than the 
25 Department of Juvenile Justice, of the discharge of any 
26 individual who was adjudicated a delinquent
for a crime 
 
 
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1 from State custody and by the sheriff of the appropriate

2 county of any such person's final discharge from county 
3 custody.
The Prisoner Review Board, upon written request, 
4 shall provide to a victim or
any other concerned citizen a 
5 recent photograph of any person convicted of a
felony, 
6 upon his or her release from custody.
The Prisoner
Review 
7 Board, upon written request, shall inform a victim or any 
8 other
concerned citizen when feasible at least 7 days 
9 prior to the prisoner's release
on furlough of the times 
10 and dates of such furlough. Upon written request by
the 
11 victim or any other concerned citizen, the State's 
12 Attorney shall notify
the person once of the times and 
13 dates of release of a prisoner sentenced to
periodic 
14 imprisonment. Notification shall be based on the most 
15 recent
information as to victim's or other concerned 
16 citizen's residence or other
location available to the 
17 notifying authority.


18  (2) When the defendant has been committed to the 
19 Department of
Human Services pursuant to Section 5-2-4 or 
20 any other
provision of the Unified Code of Corrections, 
21 the victim may request to be
notified by the releasing 
22 authority of the approval by the court of an on-grounds 
23 pass, a supervised off-grounds pass, an unsupervised 
24 off-grounds pass, or conditional release; the release on 
25 an off-grounds pass; the return from an off-grounds pass; 
26 transfer to another facility; conditional release; escape; 
 
 
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1 death; or final discharge from State
custody. The 
2 Department of Human Services shall establish and maintain 
3 a statewide telephone number to be used by victims to make 
4 notification requests under these provisions and shall 
5 publicize this telephone number on its website and to the 
6 State's Attorney of each county.

7  (3) In the event of an escape from State custody, the 
8 Department of
Corrections or the Department of Juvenile 
9 Justice immediately shall notify the Prisoner Review Board 
10 of the escape
and the Prisoner Review Board shall notify 
11 the victim. The notification shall
be based upon the most 
12 recent information as to the victim's residence or other

13 location available to the Board. When no such information 
14 is available, the
Board shall make all reasonable efforts 
15 to obtain the information and make
the notification. When 
16 the escapee is apprehended, the Department of
Corrections 
17 or the Department of Juvenile Justice immediately shall 
18 notify the Prisoner Review Board and the Board
shall 
19 notify the victim.

20  (4) The victim of the crime for which the prisoner has 
21 been sentenced
has the right to register with the Prisoner 
22 Review Board's victim registry. Victims registered with 
23 the Board shall receive reasonable written notice not less 
24 than 30 days prior to the
parole hearing or target 
25 aftercare release date. The victim has the right to submit 
26 a victim statement for consideration by the Prisoner 
 
 
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1 Review Board or the Department of Juvenile Justice in 
2 writing, on film, videotape, or other electronic means, or 
3 in the form of a recording prior to the parole hearing or 
4 target aftercare release date, or in person at the parole 
5 hearing or aftercare release protest hearing, or by 
6 calling the toll-free number established in subsection (f) 
7 of this Section., The
victim shall be notified within 7 
8 days after the prisoner has been granted
parole or 
9 aftercare release and shall be informed of the right to 
10 inspect the registry of parole
decisions, established 
11 under subsection (g) of Section 3-3-5 of the Unified
Code 
12 of Corrections. The provisions of this paragraph (4) are 
13 subject to the
Open Parole Hearings Act. Victim statements 
14 provided to the Board shall be confidential and 
15 privileged, including any statements received prior to 
16 January 1, 2020 (the effective date of Public Act 101-288) 
17 this amendatory Act of the 101st General Assembly, except 
18 if the statement was an oral statement made by the victim 
19 at a hearing open to the public.

20  (4-1) The crime victim has the right to submit a 
21 victim statement for consideration by the Prisoner Review 
22 Board or the Department of Juvenile Justice prior to or at 
23 a hearing to determine the conditions of mandatory 
24 supervised release of a person sentenced to a determinate 
25 sentence or at a hearing on revocation of mandatory 
26 supervised release of a person sentenced to a determinate 
 
 
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1 sentence. A victim statement may be submitted in writing, 
2 on film, videotape, or other electronic means, or in the 
3 form of a recording, or orally at a hearing, or by calling 
4 the toll-free number established in subsection (f) of this 
5 Section. Victim statements provided to the Board shall be 
6 confidential and privileged, including any statements 
7 received prior to January 1, 2020 (the effective date of 
8 Public Act 101-288) this amendatory Act of the 101st 
9 General Assembly, except if the statement was an oral 
10 statement made by the victim at a hearing open to the 
11 public. 
12  (4-2) The crime victim has the right to submit a 
13 victim statement to the Prisoner Review Board for 
14 consideration at an executive clemency hearing as provided 
15 in Section 3-3-13 of the Unified Code of Corrections. A 
16 victim statement may be submitted in writing, on film, 
17 videotape, or other electronic means, or in the form of a 
18 recording prior to a hearing, or orally at a hearing, or by 
19 calling the toll-free number established in subsection (f) 
20 of this Section. Victim statements provided to the Board 
21 shall be confidential and privileged, including any 
22 statements received prior to January 1, 2020 (the 
23 effective date of Public Act 101-288) this amendatory Act 
24 of the 101st General Assembly, except if the statement was 
25 an oral statement made by the victim at a hearing open to 
26 the public. 
 
 
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1  (5) If a statement is presented under Section 6, the 
2 Prisoner Review Board or Department of Juvenile Justice

3 shall inform the victim of any order of discharge pursuant

4 to Section 3-2.5-85 or 3-3-8 of the Unified Code of 
5 Corrections.

6  (6) At the written or oral request of the victim of the 
7 crime for which the
prisoner was sentenced or the State's 
8 Attorney of the county where the person seeking parole or 
9 aftercare release was prosecuted, the Prisoner Review 
10 Board or Department of Juvenile Justice shall notify the 
11 victim and the State's Attorney of the county where the 
12 person seeking parole or aftercare release was prosecuted 
13 of
the death of the prisoner if the prisoner died while on 
14 parole or aftercare release or mandatory
supervised 
15 release.

16  (7) When a defendant who has been committed to the 
17 Department of
Corrections, the Department of Juvenile 
18 Justice, or the Department of Human Services is released 
19 or discharged and
subsequently committed to the Department 
20 of Human Services as a sexually
violent person and the 
21 victim had requested to be notified by the releasing

22 authority of the defendant's discharge, conditional 
23 release, death, or escape from State custody, the 
24 releasing
authority shall provide to the Department of 
25 Human Services such information
that would allow the 
26 Department of Human Services to contact the victim.

 
 
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1  (8) When a defendant has been convicted of a sex 
2 offense as defined in Section 2 of the Sex Offender 
3 Registration Act and has been sentenced to the Department 
4 of Corrections or the Department of Juvenile Justice, the 
5 Prisoner Review Board or the Department of Juvenile 
6 Justice shall notify the victim of the sex offense of the 
7 prisoner's eligibility for release on parole, aftercare 
8 release,
mandatory supervised release, electronic 
9 detention, work release, international transfer or 
10 exchange, or by the
custodian of the discharge of any 
11 individual who was adjudicated a delinquent
for a sex 
12 offense from State custody and by the sheriff of the 
13 appropriate
county of any such person's final discharge 
14 from county custody. The notification shall be made to the 
15 victim at least 30 days, whenever possible, before release 
16 of the sex offender. 
17 (e) The officials named in this Section may satisfy some 
18or all of their
obligations to provide notices and other 
19information through participation in a
statewide victim and 
20witness notification system established by the Attorney

21General under Section 8.5 of this Act.

22 (f) The Prisoner Review Board
shall establish a toll-free 
23number that may be accessed by the crime victim to present a 
24victim statement to the Board in accordance with paragraphs 
25(4), (4-1), and (4-2) of subsection (d).

26(Source: P.A. 100-199, eff. 1-1-18; 100-961, eff. 1-1-19; 
 
 
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1101-81, eff. 7-12-19; 101-288, eff. 1-1-20; revised 9-23-19.)

2 (Text of Section after amendment by P.A. 101-652)
3 Sec. 4.5. Procedures to implement the rights of crime 
4victims. To afford
crime victims their rights, law 
5enforcement, prosecutors, judges, and
corrections will provide 
6information, as appropriate, of the following
procedures:

7 (a) At the request of the crime victim, law enforcement 
8authorities
investigating the case shall provide notice of the 
9status of the investigation,
except where the State's Attorney 
10determines that disclosure of such
information would 
11unreasonably interfere with the investigation, until such
time 
12as the alleged assailant is apprehended or the investigation 
13is closed.

14 (a-5) When law enforcement authorities reopen a closed 
15case to resume investigating, they shall provide notice of the 
16reopening of the case, except where the State's Attorney 
17determines that disclosure of such information would 
18unreasonably interfere with the investigation. 
19 (b) The office of the State's Attorney:

20  (1) shall provide notice of the filing of an 
21 information, the return of an
indictment, or the
filing of 
22 a petition to adjudicate a minor as a delinquent for a 
23 violent
crime;

24  (2) shall provide timely notice of the date, time, and 
25 place of court proceedings; of any change in the date, 
 
 
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1 time, and place of court proceedings; and of any 
2 cancellation of court proceedings. Notice shall be 
3 provided in sufficient time, wherever possible, for the 
4 victim to
make arrangements to attend or to prevent an 
5 unnecessary appearance at court proceedings;

6  (3) or victim advocate personnel shall provide 
7 information of social
services and financial assistance 
8 available for victims of crime, including
information of 
9 how to apply for these services and assistance;

10  (3.5) or victim advocate personnel shall provide 
11 information about available victim services, including 
12 referrals to programs, counselors, and agencies that 
13 assist a victim to deal with trauma, loss, and grief; 
14  (4) shall assist in having any stolen or other 
15 personal property held by
law enforcement authorities for 
16 evidentiary or other purposes returned as
expeditiously as 
17 possible, pursuant to the procedures set out in Section 
18 115-9
of the Code of Criminal Procedure of 1963;

19  (5) or victim advocate personnel shall provide 
20 appropriate employer
intercession services to ensure that 
21 employers of victims will cooperate with
the criminal 
22 justice system in order to minimize an employee's loss of 
23 pay and
other benefits resulting from court appearances;

24  (6) shall provide, whenever possible, a secure waiting

25 area during court proceedings that does not require 
26 victims to be in close
proximity to defendants or 
 
 
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1 juveniles accused of a violent crime, and their
families 
2 and friends;

3  (7) shall provide notice to the crime victim of the 
4 right to have a
translator present at all court 
5 proceedings and, in compliance with the federal Americans

6 with Disabilities Act of 1990, the right to communications 
7 access through a
sign language interpreter or by other 
8 means;

9  (8) (blank);

10  (8.5) shall inform the victim of the right to be 
11 present at all court proceedings, unless the victim is to 
12 testify and the court determines that the victim's 
13 testimony would be materially affected if the victim hears 
14 other testimony at trial; 
15  (9) shall inform the victim of the right to have 
16 present at all court
proceedings, subject to the rules of 
17 evidence and confidentiality, an advocate and other 
18 support
person of the victim's choice; 
19  (9.3) shall inform the victim of the right to retain 
20 an attorney, at the
victim's own expense, who, upon 
21 written notice filed with the clerk of the
court and 
22 State's Attorney, is to receive copies of all notices, 
23 motions, and
court orders filed thereafter in the case, in 
24 the same manner as if the victim
were a named party in the 
25 case;

26  (9.5) shall inform the victim of (A) the victim's 
 
 
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1 right under Section 6 of this Act to make a statement at 
2 the sentencing hearing; (B) the right of the victim's 
3 spouse, guardian, parent, grandparent, and other immediate 
4 family and household members under Section 6 of this Act 
5 to present a statement at sentencing; and (C) if a 
6 presentence report is to be prepared, the right of the 
7 victim's spouse, guardian, parent, grandparent, and other 
8 immediate family and household members to submit 
9 information to the preparer of the presentence report 
10 about the effect the offense has had on the victim and the 
11 person;
12  (10) at the sentencing shall make a good faith attempt 
13 to explain
the minimum amount of time during which the 
14 defendant may actually be
physically imprisoned. The 
15 Office of the State's Attorney shall further notify
the 
16 crime victim of the right to request from the Prisoner 
17 Review Board
or Department of Juvenile Justice information 
18 concerning the release of the defendant;

19  (11) shall request restitution at sentencing and as 
20 part of a plea agreement if the victim requests 
21 restitution;

22  (12) shall, upon the court entering a verdict of not 
23 guilty by reason of insanity, inform the victim of the 
24 notification services available from the Department of 
25 Human Services, including the statewide telephone number, 
26 under subparagraph (d)(2) of this Section; 

 
 
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1  (13) shall provide notice within a reasonable time 
2 after receipt of notice from
the custodian, of the release 
3 of the defendant on pretrial release or personal 
4 recognizance
or the release from detention of a minor who 
5 has been detained;

6  (14) shall explain in nontechnical language the 
7 details of any plea or verdict of
a defendant, or any 
8 adjudication of a juvenile as a delinquent;

9  (15) shall make all reasonable efforts to consult with 
10 the crime victim before the Office of
the State's Attorney 
11 makes an offer of a plea bargain to the defendant or
enters 
12 into negotiations with the defendant concerning a possible 
13 plea
agreement, and shall consider the written statement, 
14 if prepared
prior to entering into a plea agreement. The 
15 right to consult with the prosecutor does not include the 
16 right to veto a plea agreement or to insist the case go to 
17 trial. If the State's Attorney has not consulted with the 
18 victim prior to making an offer or entering into plea 
19 negotiations with the defendant, the Office of the State's 
20 Attorney shall notify the victim of the offer or the 
21 negotiations within 2 business days and confer with the 
22 victim;

23  (16) shall provide notice of the ultimate disposition 
24 of the cases arising from
an indictment or an information, 
25 or a petition to have a juvenile adjudicated
as a 
26 delinquent for a violent crime;

 
 
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1  (17) shall provide notice of any appeal taken by the 
2 defendant and information
on how to contact the 
3 appropriate agency handling the appeal, and how to request 
4 notice of any hearing, oral argument, or decision of an 
5 appellate court;

6  (18) shall provide timely notice of any request for 
7 post-conviction review filed by the
defendant under 
8 Article 122 of the Code of Criminal Procedure of 1963, and 
9 of
the date, time and place of any hearing concerning the 
10 petition. Whenever
possible, notice of the hearing shall 
11 be given within 48 hours of the court's scheduling of the 
12 hearing; and

13  (19) shall forward a copy of any statement presented 
14 under Section 6 to the
Prisoner Review Board or Department 
15 of Juvenile Justice to be considered in making a 
16 determination
under Section 3-2.5-85 or subsection (b) of 
17 Section 3-3-8 of the Unified Code of Corrections; .

18  (20) shall meet with the crime victim regarding the 
19 decision of the State's Attorney not to charge an offense. 
20 The victim has the right to have an attorney, advocate, 
21 and other support person of the victim's choice attend 
22 this meeting with the victim; and
23  (21) shall give the crime victim timely notice of any 
24 decision not to pursue charges and consider the safety of 
25 the victim when deciding how to give such notice. 
26 (c) The court shall ensure that the rights of the victim 
 
 
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1are afforded. 
2 (c-5) The following procedures shall be followed to afford 
3victims the rights guaranteed by Article I, Section 8.1 of the 
4Illinois Constitution:
5  (1) Written notice. A victim may complete a written 
6 notice of intent to assert rights on a form prepared by the 
7 Office of the Attorney General and provided to the victim 
8 by the State's Attorney. The victim may at any time 
9 provide a revised written notice to the State's Attorney. 
10 The State's Attorney shall file the written notice with 
11 the court. At the beginning of any court proceeding in 
12 which the right of a victim may be at issue, the court and 
13 prosecutor shall review the written notice to determine 
14 whether the victim has asserted the right that may be at 
15 issue.
16  (2) Victim's retained attorney. A victim's attorney 
17 shall file an entry of appearance limited to assertion of 
18 the victim's rights. Upon the filing of the entry of 
19 appearance and service on the State's Attorney and the 
20 defendant, the attorney is to receive copies of all 
21 notices, motions and court orders filed thereafter in the 
22 case.
23  (3) Standing. The victim has standing to assert the 
24 rights enumerated in subsection (a) of Article I, Section 
25 8.1 of the Illinois Constitution and the statutory rights 
26 under Section 4 of this Act in any court exercising 
 
 
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1 jurisdiction over the criminal case. The prosecuting 
2 attorney, a victim, or the victim's retained attorney may 
3 assert the victim's rights. The defendant in the criminal 
4 case has no standing to assert a right of the victim in any 
5 court proceeding, including on appeal.
6  (4) Assertion of and enforcement of rights.
7   (A) The prosecuting attorney shall assert a 
8 victim's right or request enforcement of a right by 
9 filing a motion or by orally asserting the right or 
10 requesting enforcement in open court in the criminal 
11 case outside the presence of the jury. The prosecuting 
12 attorney shall consult with the victim and the 
13 victim's attorney regarding the assertion or 
14 enforcement of a right. If the prosecuting attorney 
15 decides not to assert or enforce a victim's right, the 
16 prosecuting attorney shall notify the victim or the 
17 victim's attorney in sufficient time to allow the 
18 victim or the victim's attorney to assert the right or 
19 to seek enforcement of a right.
20   (B) If the prosecuting attorney elects not to 
21 assert a victim's right or to seek enforcement of a 
22 right, the victim or the victim's attorney may assert 
23 the victim's right or request enforcement of a right 
24 by filing a motion or by orally asserting the right or 
25 requesting enforcement in open court in the criminal 
26 case outside the presence of the jury.
 
 
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1   (C) If the prosecuting attorney asserts a victim's 
2 right or seeks enforcement of a right, unless the 
3 prosecuting attorney objects or the trial court does 
4 not allow it, the victim or the victim's attorney may 
5 be heard regarding the prosecuting attorney's motion 
6 or may file a simultaneous motion to assert or request 
7 enforcement of the victim's right. If the victim or 
8 the victim's attorney was not allowed to be heard at 
9 the hearing regarding the prosecuting attorney's 
10 motion, and the court denies the prosecuting 
11 attorney's assertion of the right or denies the 
12 request for enforcement of a right, the victim or 
13 victim's attorney may file a motion to assert the 
14 victim's right or to request enforcement of the right 
15 within 10 days of the court's ruling. The motion need 
16 not demonstrate the grounds for a motion for 
17 reconsideration. The court shall rule on the merits of 
18 the motion.
19   (D) The court shall take up and decide any motion 
20 or request asserting or seeking enforcement of a 
21 victim's right without delay, unless a specific time 
22 period is specified by law or court rule. The reasons 
23 for any decision denying the motion or request shall 
24 be clearly stated on the record.
25   (E) No later than January 1, 2023, the Office of 
26 the Attorney General shall: 
 
 
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1    (i) designate an administrative authority 
2 within the Office of the Attorney General to 
3 receive and investigate complaints relating to the 
4 provision or violation of the rights of a crime 
5 victim as described in Article I, Section 8.1 of 
6 the Illinois Constitution and in this Act;
7    (ii) create and administer a course of 
8 training for employees and offices of the State of 
9 Illinois that fail to comply with provisions of 
10 Illinois law pertaining to the treatment of crime 
11 victims as described in Article I, Section 8.1 of 
12 the Illinois Constitution and in this Act as 
13 required by the court under Section 5 of this Act; 
14 and
15    (iii) have the authority to make 
16 recommendations to employees and offices of the 
17 State of Illinois to respond more effectively to 
18 the needs of crime victims, including regarding 
19 the violation of the rights of a crime victim.
20   (F) Crime victims' rights may also be asserted by

21 filing a complaint for mandamus, injunctive, or

22 declaratory relief in the jurisdiction in which the

23 victim's right is being violated or where the crime is

24 being prosecuted. For complaints or motions filed by 
25 or on behalf of the victim, the clerk of court shall 
26 waive
filing fees that would otherwise be owed by the 
 
 
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1 victim
for any court filing with the purpose of 
2 enforcing crime victims' rights. If the court denies 
3 the relief
sought by the victim, the reasons for the 
4 denial shall
be clearly stated on the record in the 
5 transcript of
the proceedings, in a written opinion, 
6 or in the
docket entry, and the victim may appeal the 
7 circuit
court's decision to the appellate court. The 
8 court
shall issue prompt rulings regarding victims' 
9 rights.
Proceedings seeking to enforce victims' rights 
10 shall
not be stayed or subject to unreasonable delay 
11 via
continuances. 
12  (5) Violation of rights and remedies. 
13   (A) If the court determines that a victim's right 
14 has been violated, the court shall determine the 
15 appropriate remedy for the violation of the victim's 
16 right by hearing from the victim and the parties, 
17 considering all factors relevant to the issue, and 
18 then awarding appropriate relief to the victim and 
19 shall impose a penalty upon the individual employee or 
20 employees and upon the office that violated the 
21 victim's right. As used in this Section, the term 
22 "office", includes but is not limited to, a law 
23 enforcement agency, State's Attorney's Office, board, 
24 agency, or other governmental entity.
25   (A-5) Consideration of an issue of a substantive 
26 nature or an issue that implicates the constitutional 
 
 
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1 or statutory right of a victim at a court proceeding 
2 labeled as a status hearing shall constitute a per se 
3 violation of a victim's right. 
4   (B) The appropriate remedy shall include only 
5 actions necessary to provide the victim the right to 
6 which the victim was entitled . Remedies may include, 
7 but are not limited to: injunctive relief requiring 
8 the victim's right to be afforded; declaratory 
9 judgment recognizing or clarifying the victim's 
10 rights; a writ of mandamus; and may include reopening 
11 previously held proceedings; however, in no event 
12 shall the court vacate a conviction. Any remedy shall 
13 be tailored to provide the victim an appropriate 
14 remedy without violating any constitutional right of 
15 the defendant. In no event shall the appropriate 
16 remedy to the victim be a new trial or, damages, or 
17 costs. The court shall impose upon the office a civil 
18 penalty of not less than $500 nor more than $5,000 for 
19 the violation, the court shall consider in aggravation 
20 or mitigation the budget of the office and whether the 
21 office has previously been assessed penalties for 
22 violations of this Act as well as the harm to the 
23 victim. Any funds collected under this subparagraph 
24 (B) shall be deposited in the Violent Crime Victims 
25 Assistance Fund.
26  The court shall impose a mandatory training course 
 
 
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1 provided by the Attorney General for the employee under 
2 item (ii) of subparagraph (E) of paragraph (4), which must 
3 be successfully completed within 6 months of the entry of 
4 the court order.
5  This paragraph (5) takes effect January 2, 2023.
6  (6) Right to be heard. Whenever a victim has the right 
7 to be heard, the court shall allow the victim to exercise 
8 the right in any reasonable manner the victim chooses.
9  (7) Right to attend trial. A party must file a written 
10 motion to exclude a victim from trial at least 60 days 
11 prior to the date set for trial. The motion must state with 
12 specificity the reason exclusion is necessary to protect a 
13 constitutional right of the party, and must contain an 
14 offer of proof. The court shall rule on the motion within 
15 30 days. If the motion is granted, the court shall set 
16 forth on the record the facts that support its finding 
17 that the victim's testimony will be materially affected if 
18 the victim hears other testimony at trial.
19  (8) Right to have advocate and support person present 
20 at court proceedings.
21   (A) A party who intends to call an advocate as a 
22 witness at trial must seek permission of the court 
23 before the subpoena is issued. The party must file a 
24 written motion at least 90 days before trial that sets 
25 forth specifically the issues on which the advocate's 
26 testimony is sought and an offer of proof regarding 
 
 
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1 (i) the content of the anticipated testimony of the 
2 advocate; and (ii) the relevance, admissibility, and 
3 materiality of the anticipated testimony. The court 
4 shall consider the motion and make findings within 30 
5 days of the filing of the motion. If the court finds by 
6 a preponderance of the evidence that: (i) the 
7 anticipated testimony is not protected by an absolute 
8 privilege; and (ii) the anticipated testimony contains 
9 relevant, admissible, and material evidence that is 
10 not available through other witnesses or evidence, the 
11 court shall issue a subpoena requiring the advocate to 
12 appear to testify at an in camera hearing. The 
13 prosecuting attorney and the victim shall have 15 days 
14 to seek appellate review before the advocate is 
15 required to testify at an ex parte in camera 
16 proceeding. 
17   The prosecuting attorney, the victim, and the 
18 advocate's attorney shall be allowed to be present at 
19 the ex parte in camera proceeding. If, after 
20 conducting the ex parte in camera hearing, the court 
21 determines that due process requires any testimony 
22 regarding confidential or privileged information or 
23 communications, the court shall provide to the 
24 prosecuting attorney, the victim, and the advocate's 
25 attorney a written memorandum on the substance of the 
26 advocate's testimony. The prosecuting attorney, the 
 
 
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1 victim, and the advocate's attorney shall have 15 days 
2 to seek appellate review before a subpoena may be 
3 issued for the advocate to testify at trial. The 
4 presence of the prosecuting attorney at the ex parte 
5 in camera proceeding does not make the substance of 
6 the advocate's testimony that the court has ruled 
7 inadmissible subject to discovery.
8   (B) If a victim has asserted the right to have a 
9 support person present at the court proceedings, the 
10 victim shall provide the name of the person the victim 
11 has chosen to be the victim's support person to the 
12 prosecuting attorney, within 60 days of trial. The 
13 prosecuting attorney shall provide the name to the 
14 defendant. If the defendant intends to call the 
15 support person as a witness at trial, the defendant 
16 must seek permission of the court before a subpoena is 
17 issued. The defendant must file a written motion at 
18 least 45 days prior to trial that sets forth 
19 specifically the issues on which the support person 
20 will testify and an offer of proof regarding: (i) the 
21 content of the anticipated testimony of the support 
22 person; and (ii) the relevance, admissibility, and 
23 materiality of the anticipated testimony.
24   If the prosecuting attorney intends to call the 
25 support person as a witness during the State's 
26 case-in-chief, the prosecuting attorney shall inform 
 
 
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1 the court of this intent in the response to the 
2 defendant's written motion. The victim may choose a 
3 different person to be the victim's support person. 
4 The court may allow the defendant to inquire about 
5 matters outside the scope of the direct examination 
6 during cross-examination. If the court allows the 
7 defendant to do so, the support person shall be 
8 allowed to remain in the courtroom after the support 
9 person has testified. A defendant who fails to 
10 question the support person about matters outside the 
11 scope of direct examination during the State's 
12 case-in-chief waives the right to challenge the 
13 presence of the support person on appeal. The court 
14 shall allow the support person to testify if called as 
15 a witness in the defendant's case-in-chief or the 
16 State's rebuttal.
17   If the court does not allow the defendant to 
18 inquire about matters outside the scope of the direct 
19 examination, the support person shall be allowed to 
20 remain in the courtroom after the support person has 
21 been called by the defendant or the defendant has 
22 rested. The court shall allow the support person to 
23 testify in the State's rebuttal.
24   If the prosecuting attorney does not intend to 
25 call the support person in the State's case-in-chief, 
26 the court shall verify with the support person whether 
 
 
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1 the support person, if called as a witness, would 
2 testify as set forth in the offer of proof. If the 
3 court finds that the support person would testify as 
4 set forth in the offer of proof, the court shall rule 
5 on the relevance, materiality, and admissibility of 
6 the anticipated testimony. If the court rules the 
7 anticipated testimony is admissible, the court shall 
8 issue the subpoena. The support person may remain in 
9 the courtroom after the support person testifies and 
10 shall be allowed to testify in rebuttal.
11   If the court excludes the victim's support person 
12 during the State's case-in-chief, the victim shall be 
13 allowed to choose another support person to be present 
14 in court. 
15   If the victim fails to designate a support person 
16 within 60 days of trial and the defendant has 
17 subpoenaed the support person to testify at trial, the 
18 court may exclude the support person from the trial 
19 until the support person testifies. If the court 
20 excludes the support person the victim may choose 
21 another person as a support person. 
22  (9) Right to notice and hearing before disclosure of 
23 confidential or privileged information or records.
24   (A) A defendant who seeks to subpoena testimony or 
25 records of or concerning the victim that are 
26 confidential or privileged by law must seek permission 
 
 
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1 of the court before the subpoena is issued. The 
2 defendant must file a written motion and an offer of 
3 proof regarding the relevance, admissibility and 
4 materiality of the testimony or records. If the court 
5 finds by a preponderance of the evidence that:
6    (i) (A) the testimony or records are not 
7 protected by an absolute privilege and
8    (ii) (B) the testimony or records contain 
9 relevant, admissible, and material evidence that 
10 is not available through other witnesses or 
11 evidence, the court shall issue a subpoena 
12 requiring the witness to appear in camera or a 
13 sealed copy of the records be delivered to the 
14 court to be reviewed in camera. If, after 
15 conducting an in camera review of the witness 
16 statement or records, the court determines that 
17 due process requires disclosure of any potential 
18 testimony or any portion of the records, the court 
19 shall provide a summary of potential testimony or 
20 copies of the records that what it intends to 
21 disclose to the prosecuting attorney and the 
22 victim. The prosecuting attorney and the victim 
23 shall have 30 days to seek appellate review before 
24 the records are disclosed to the defendant, used 
25 in any court proceeding, or disclosed to anyone or 
26 in any way that would subject the testimony or 
 
 
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1 records to public review. The disclosure of copies 
2 of any portion of the testimony or records to the 
3 prosecuting attorney under this Section does not 
4 make the records subject to discovery or required 
5 to be provided to the defendant.
6   (B) A prosecuting attorney who seeks to subpoena 
7 information or records concerning the victim that are 
8 confidential or privileged by law must first request 
9 the written consent of the crime victim. If the victim 
10 does not provide such written consent, including where 
11 necessary the appropriate signed document required for 
12 waiving privilege, the prosecuting attorney must serve 
13 the subpoena at least 21 days prior to the date a 
14 response or appearance is required to allow the 
15 subject of the subpoena time to file a motion to quash 
16 or request a hearing. The prosecuting attorney must 
17 also send a written notice to the victim at least 21 
18 days prior to the response date to allow the victim to 
19 file a motion or request a hearing. The notice to the 
20 victim shall inform the victim (i) that a subpoena has 
21 been issued for confidential information or records 
22 concerning the victim, (ii) that the victim has the 
23 right to request a hearing prior to the response date 
24 of the subpoena, and (iii) how to request the hearing. 
25 The notice to the victim shall also include a copy of 
26 the subpoena. If requested, a hearing regarding the 
 
 
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1 subpoena shall occur before information or records are 
2 provided to the prosecuting attorney. 
3  (10) Right to notice of court proceedings. If the 
4 victim is not present at a court proceeding in which a 
5 right of the victim is at issue, the court shall ask the 
6 prosecuting attorney whether the victim was notified of 
7 the time, place, and purpose of the court proceeding and 
8 that the victim had a right to be heard at the court 
9 proceeding. If the court determines that timely notice was 
10 not given or that the victim was not adequately informed 
11 of the nature of the court proceeding, the court shall not 
12 rule on any substantive issues, accept a plea, or impose a 
13 sentence and shall continue the hearing for the time 
14 necessary to notify the victim of the time, place and 
15 nature of the court proceeding. The time between court 
16 proceedings shall not be attributable to the State under 
17 Section 103-5 of the Code of Criminal Procedure of 1963.
18  (11) Right to timely disposition of the case. A victim 
19 has the right to timely disposition of the case so as to 
20 minimize the stress, cost, and inconvenience resulting 
21 from the victim's involvement in the case. Before ruling 
22 on a motion to continue trial or other court proceeding, 
23 the court shall inquire into the circumstances for the 
24 request for the delay and, if the victim has provided 
25 written notice of the assertion of the right to a timely 
26 disposition, and whether the victim objects to the delay. 
 
 
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1 If the victim objects, the prosecutor shall inform the 
2 court of the victim's objections. If the prosecutor has 
3 not conferred with the victim about the continuance, the 
4 prosecutor shall inform the court of the attempts to 
5 confer. If the court finds the attempts of the prosecutor 
6 to confer with the victim were inadequate to protect the 
7 victim's right to be heard, the court shall give the 
8 prosecutor at least 3 but not more than 5 business days to 
9 confer with the victim. In ruling on a motion to continue, 
10 the court shall consider the reasons for the requested 
11 continuance, the number and length of continuances that 
12 have been granted, the victim's objections and procedures 
13 to avoid further delays. If a continuance is granted over 
14 the victim's objection, the court shall specify on the 
15 record the reasons for the continuance and the procedures 
16 that have been or will be taken to avoid further delays.
17  (12) Right to Restitution.
18   (A) If the victim has asserted the right to 
19 restitution and the amount of restitution is known at 
20 the time of sentencing, the court shall enter the 
21 judgment of restitution at the time of sentencing. 
22   (B) If the victim has asserted the right to 
23 restitution and the amount of restitution is not known 
24 at the time of sentencing, the prosecutor shall, 
25 within 5 days after sentencing, notify the victim what 
26 information and documentation related to restitution 
 
 
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1 is needed and that the information and documentation 
2 must be provided to the prosecutor within 45 days 
3 after sentencing. Failure to timely provide 
4 information and documentation related to restitution 
5 shall be deemed a waiver of the right to restitution. 
6 The prosecutor shall file and serve within 60 days 
7 after sentencing a proposed judgment for restitution 
8 and a notice that includes information concerning the 
9 identity of any victims or other persons seeking 
10 restitution, whether any victim or other person 
11 expressly declines restitution, the nature and amount 
12 of any damages together with any supporting 
13 documentation, a restitution amount recommendation, 
14 and the names of any co-defendants and their case 
15 numbers. Within 30 days after receipt of the proposed 
16 judgment for restitution, the defendant shall file any 
17 objection to the proposed judgment, a statement of 
18 grounds for the objection, and a financial statement. 
19 If the defendant does not file an objection, the court 
20 may enter the judgment for restitution without further 
21 proceedings. If the defendant files an objection and 
22 either party requests a hearing, the court shall 
23 schedule a hearing. 
24  (13) Access to presentence reports.
25   (A) The victim may request a copy of the 
26 presentence report prepared under the Unified Code of 
 
 
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1 Corrections from the State's Attorney. The State's 
2 Attorney shall redact the following information before 
3 providing a copy of the report:
4    (i) the defendant's mental history and 
5 condition;
6    (ii) any evaluation prepared under subsection 
7 (b) or (b-5) of Section 5-3-2; and
8    (iii) the name, address, phone number, and 
9 other personal information about any other victim.
10   (B) The State's Attorney or the defendant may 
11 request the court redact other information in the 
12 report that may endanger the safety of any person.
13   (C) The State's Attorney may orally disclose to 
14 the victim any of the information that has been 
15 redacted if there is a reasonable likelihood that the 
16 information will be stated in court at the sentencing.
17   (D) The State's Attorney must advise the victim 
18 that the victim must maintain the confidentiality of 
19 the report and other information. Any dissemination of 
20 the report or information that was not stated at a 
21 court proceeding constitutes indirect criminal 
22 contempt of court. 
23  (14) Appellate relief. If the trial court denies the 
24 relief requested, the victim, the victim's attorney, or 
25 the prosecuting attorney may file an appeal within 30 days 
26 of the trial court's ruling. The trial or appellate court 
 
 
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1 may stay the court proceedings if the court finds that a 
2 stay would not violate a constitutional right of the 
3 defendant. If the appellate court denies the relief 
4 sought, the reasons for the denial shall be clearly stated 
5 in a written opinion. In any appeal in a criminal case, the 
6 State may assert as error the court's denial of any crime 
7 victim's right in the proceeding to which the appeal 
8 relates.
9  (15) Limitation on appellate relief. In no case shall 
10 an appellate court provide a new trial to remedy the 
11 violation of a victim's right. 
12  (16) The right to be reasonably protected from the 
13 accused throughout the criminal justice process and the 
14 right to have the safety of the victim and the victim's 
15 family considered in determining whether to release the 
16 defendant, and setting conditions of release after arrest 
17 and conviction. A victim of domestic violence, a sexual 
18 offense, or stalking may request the entry of a protective 
19 order under Article 112A of the Code of Criminal Procedure 
20 of 1963. 
21 (d) Procedures after the imposition of sentence.
22  (1) The Prisoner Review Board shall inform a victim or 
23 any other
concerned citizen, upon written request, of the 
24 prisoner's release on parole,
mandatory supervised 
25 release, electronic detention, work release, international 
26 transfer or exchange, or by the
custodian, other than the 
 
 
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1 Department of Juvenile Justice, of the discharge of any 
2 individual who was adjudicated a delinquent
for a crime 
3 from State custody and by the sheriff of the appropriate

4 county of any such person's final discharge from county 
5 custody.
The Prisoner Review Board, upon written request, 
6 shall provide to a victim or
any other concerned citizen a 
7 recent photograph of any person convicted of a
felony, 
8 upon his or her release from custody.
The Prisoner
Review 
9 Board, upon written request, shall inform a victim or any 
10 other
concerned citizen when feasible at least 7 days 
11 prior to the prisoner's release
on furlough of the times 
12 and dates of such furlough. Upon written request by
the 
13 victim or any other concerned citizen, the State's 
14 Attorney shall notify
the person once of the times and 
15 dates of release of a prisoner sentenced to
periodic 
16 imprisonment. Notification shall be based on the most 
17 recent
information as to victim's or other concerned 
18 citizen's residence or other
location available to the 
19 notifying authority.


20  (2) When the defendant has been committed to the 
21 Department of
Human Services pursuant to Section 5-2-4 or 
22 any other
provision of the Unified Code of Corrections, 
23 the victim may request to be
notified by the releasing 
24 authority of the approval by the court of an on-grounds 
25 pass, a supervised off-grounds pass, an unsupervised 
26 off-grounds pass, or conditional release; the release on 
 
 
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1 an off-grounds pass; the return from an off-grounds pass; 
2 transfer to another facility; conditional release; escape; 
3 death; or final discharge from State
custody. The 
4 Department of Human Services shall establish and maintain 
5 a statewide telephone number to be used by victims to make 
6 notification requests under these provisions and shall 
7 publicize this telephone number on its website and to the 
8 State's Attorney of each county.

9  (3) In the event of an escape from State custody, the 
10 Department of
Corrections or the Department of Juvenile 
11 Justice immediately shall notify the Prisoner Review Board 
12 of the escape
and the Prisoner Review Board shall notify 
13 the victim. The notification shall
be based upon the most 
14 recent information as to the victim's residence or other

15 location available to the Board. When no such information 
16 is available, the
Board shall make all reasonable efforts 
17 to obtain the information and make
the notification. When 
18 the escapee is apprehended, the Department of
Corrections 
19 or the Department of Juvenile Justice immediately shall 
20 notify the Prisoner Review Board and the Board
shall 
21 notify the victim.

22  (4) The victim of the crime for which the prisoner has 
23 been sentenced
has the right to register with the Prisoner 
24 Review Board's victim registry. Victims registered with 
25 the Board shall receive reasonable written notice not less 
26 than 30 days prior to the
parole hearing or target 
 
 
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1 aftercare release date. The victim has the right to submit 
2 a victim statement for consideration by the Prisoner 
3 Review Board or the Department of Juvenile Justice in 
4 writing, on film, videotape, or other electronic means, or 
5 in the form of a recording prior to the parole hearing or 
6 target aftercare release date, or in person at the parole 
7 hearing or aftercare release protest hearing, or by 
8 calling the toll-free number established in subsection (f) 
9 of this Section. The
victim shall be notified within 7 
10 days after the prisoner has been granted
parole or 
11 aftercare release and shall be informed of the right to 
12 inspect the registry of parole
decisions, established 
13 under subsection (g) of Section 3-3-5 of the Unified
Code 
14 of Corrections. The provisions of this paragraph (4) are 
15 subject to the
Open Parole Hearings Act. Victim statements 
16 provided to the Board shall be confidential and 
17 privileged, including any statements received prior to 
18 January 1, 2020 (the effective date of Public Act 
19 101-288), except if the statement was an oral statement 
20 made by the victim at a hearing open to the public.

21  (4-1) The crime victim has the right to submit a 
22 victim statement for consideration by the Prisoner Review 
23 Board or the Department of Juvenile Justice prior to or at 
24 a hearing to determine the conditions of mandatory 
25 supervised release of a person sentenced to a determinate 
26 sentence or at a hearing on revocation of mandatory 
 
 
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1 supervised release of a person sentenced to a determinate 
2 sentence. A victim statement may be submitted in writing, 
3 on film, videotape, or other electronic means, or in the 
4 form of a recording, or orally at a hearing, or by calling 
5 the toll-free number established in subsection (f) of this 
6 Section. Victim statements provided to the Board shall be 
7 confidential and privileged, including any statements 
8 received prior to January 1, 2020 (the effective date of 
9 Public Act 101-288), except if the statement was an oral 
10 statement made by the victim at a hearing open to the 
11 public. 
12  (4-2) The crime victim has the right to submit a 
13 victim statement to the Prisoner Review Board for 
14 consideration at an executive clemency hearing as provided 
15 in Section 3-3-13 of the Unified Code of Corrections. A 
16 victim statement may be submitted in writing, on film, 
17 videotape, or other electronic means, or in the form of a 
18 recording prior to a hearing, or orally at a hearing, or by 
19 calling the toll-free number established in subsection (f) 
20 of this Section. Victim statements provided to the Board 
21 shall be confidential and privileged, including any 
22 statements received prior to January 1, 2020 (the 
23 effective date of Public Act 101-288), except if the 
24 statement was an oral statement made by the victim at a 
25 hearing open to the public. 
26  (5) If a statement is presented under Section 6, the 
 
 
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1 Prisoner Review Board or Department of Juvenile Justice

2 shall inform the victim of any order of discharge pursuant

3 to Section 3-2.5-85 or 3-3-8 of the Unified Code of 
4 Corrections.

5  (6) At the written or oral request of the victim of the 
6 crime for which the
prisoner was sentenced or the State's 
7 Attorney of the county where the person seeking parole or 
8 aftercare release was prosecuted, the Prisoner Review 
9 Board or Department of Juvenile Justice shall notify the 
10 victim and the State's Attorney of the county where the 
11 person seeking parole or aftercare release was prosecuted 
12 of
the death of the prisoner if the prisoner died while on 
13 parole or aftercare release or mandatory
supervised 
14 release.

15  (7) When a defendant who has been committed to the 
16 Department of
Corrections, the Department of Juvenile 
17 Justice, or the Department of Human Services is released 
18 or discharged and
subsequently committed to the Department 
19 of Human Services as a sexually
violent person and the 
20 victim had requested to be notified by the releasing

21 authority of the defendant's discharge, conditional 
22 release, death, or escape from State custody, the 
23 releasing
authority shall provide to the Department of 
24 Human Services such information
that would allow the 
25 Department of Human Services to contact the victim.

26  (8) When a defendant has been convicted of a sex 
 
 
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1 offense as defined in Section 2 of the Sex Offender 
2 Registration Act and has been sentenced to the Department 
3 of Corrections or the Department of Juvenile Justice, the 
4 Prisoner Review Board or the Department of Juvenile 
5 Justice shall notify the victim of the sex offense of the 
6 prisoner's eligibility for release on parole, aftercare 
7 release,
mandatory supervised release, electronic 
8 detention, work release, international transfer or 
9 exchange, or by the
custodian of the discharge of any 
10 individual who was adjudicated a delinquent
for a sex 
11 offense from State custody and by the sheriff of the 
12 appropriate
county of any such person's final discharge 
13 from county custody. The notification shall be made to the 
14 victim at least 30 days, whenever possible, before release 
15 of the sex offender. 
16 (e) The officials named in this Section may satisfy some 
17or all of their
obligations to provide notices and other 
18information through participation in a
statewide victim and 
19witness notification system established by the Attorney

20General under Section 8.5 of this Act.

21 (f) The Prisoner Review Board
shall establish a toll-free 
22number that may be accessed by the crime victim to present a 
23victim statement to the Board in accordance with paragraphs 
24(4), (4-1), and (4-2) of subsection (d).

25(Source: P.A. 100-199, eff. 1-1-18; 100-961, eff. 1-1-19; 
26101-81, eff. 7-12-19; 101-288, eff. 1-1-20; 101-652, eff. 
 
 
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11-1-23.)





2 (725 ILCS 120/7) (from Ch. 38, par. 1407)



3 Sec. 7. Responsibilities of victims and witnesses. Victims 
4and
witnesses shall have the following responsibilities to aid 
5in the
prosecution of violent crime and to ensure that their 
6constitutional rights are enforced:

7 (a) To make a timely report of the crime;

8 (b) To cooperate with law enforcement authorities 
9throughout the
investigation, prosecution, and trial;

10 (c) To testify at trial;

11 (c-5) to timely provide information and documentation to 
12the prosecuting attorney that is related to the assertion of 
13their rights. 
14 (d) To notify law enforcement authorities and the 
15prosecuting attorney of any change of contact information, 
16including but not limited to, changes of address and contact 
17information, including but not limited to changes of address, 
18telephone number, and email address. Law enforcement 
19authorities and the prosecuting attorney shall maintain the 
20confidentiality of this information. A court may find that the 
21failure to notify the prosecuting attorney of any change in 
22contact information constitutes waiver of a right.
23 (e) A victim who otherwise cooperates with law enforcement 
24authorities and the prosecuting attorney, but declines to 
25provide information and documentation to the prosecuting 
 
 
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1attorney that is privileged or confidential under the law, or 
2chooses not to waive privilege, shall still be considered as 
3cooperating for the purposes of this Act and maintain the 
4status of victim and the rights afforded to victims under this 
5Act. 

6(Source: P.A. 99-413, eff. 8-20-15.)




7 (725 ILCS 120/9) (from Ch. 38, par. 1408)


8 Sec. 9. This Act does not limit any rights or 
9responsibilities otherwise
enjoyed by or imposed upon victims 
10or witnesses of violent crime, nor does it
grant any person a 
11cause of action in equity or at law for compensation for 
12damages or attorneys fees. Any act of
omission or commission 
13by any law enforcement officer, circuit court clerk,
or

14State's
Attorney, by the Attorney General, Prisoner Review 
15Board, Department of
Corrections,
the Department of Juvenile 
16Justice, Department of Human Services, or other State agency, 
17or private entity under
contract pursuant to Section 8, or by 
18any employee of any
State agency or private entity under 
19contract pursuant to Section 8 acting
in good faith in 
20rendering crime victim's assistance or
otherwise enforcing 
21this Act shall not impose civil liability upon the
individual 
22or entity or his or her supervisor or employer. Nothing in this 
23Act
shall create a basis for vacating a conviction or a ground 
24for relief
requested by the defendant in any criminal case.

25(Source: P.A. 99-413, eff. 8-20-15.)



 
 
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1 Section 95. No acceleration or delay. Where this Act makes 
2changes in a statute that is represented in this Act by text 
3that is not yet or no longer in effect (for example, a Section 
4represented by multiple versions), the use of that text does 
5not accelerate or delay the taking effect of (i) the changes 
6made by this Act or (ii) provisions derived from any other 
7Public Act.

8 Section 99. Effective date. This Act takes effect upon 
9becoming law.".