Illinois — (Text of Section before amendment by P.A.

(Text of Section before amendment by P.A. 104-386)

Sec. 6.5. Written consent to the release of sexual assault evidence for testing.

(a)Upon the completion of medical forensic services, the health care professional providing the medical forensic services shall provide the patient the opportunity to sign a written consent to allow law enforcement to submit the sexual assault evidence for testing, if collected. The written consent shall be on a form included in the sexual assault evidence collection kit and posted on the Illinois State Police website. The consent form shall include whether the survivor consents to the release of information about the sexual assault to law enforcement.

(1)A survivor 13 years of age or older may sign the written consent to release the

evidence for testing.

(2)If the survivor is a minor who is under 13 years of age, the written consent to

release the sexual assault evidence for testing may be signed by the parent, guardian, investigating law enforcement officer, or Department of Children and Family Services.

(3)If the survivor is an adult who has a guardian of the person, a health care

surrogate, or an agent acting under a health care power of attorney, the consent of the guardian, surrogate, or agent is not required to release evidence and information concerning the sexual assault or sexual abuse. If the adult is unable to provide consent for the release of evidence and information and a guardian, surrogate, or agent under a health care power of attorney is unavailable or unwilling to release the information, then an investigating law enforcement officer may authorize the release.

(4)Any health care professional or health care institution, including any hospital or

approved pediatric health care facility, who provides evidence or information to a law enforcement officer under a written consent as specified in this Section is immune from any civil or professional liability that might arise from those actions, with the exception of willful or wanton misconduct. The immunity provision applies only if all of the requirements of this Section are met.

(b)The hospital or approved pediatric health care facility shall keep a copy of a signed or unsigned written consent form in the patient's medical record.

(c)If a written consent to allow law enforcement to hold the sexual assault evidence is signed at the completion of medical forensic services, the hospital or approved pediatric health care facility shall include the following information in its discharge instructions:

(1)the sexual assault evidence will be stored for 10 years from the completion of an

Illinois State Police Sexual Assault Evidence Collection Kit, or 10 years from the age of 18 years, whichever is longer;

(2)a person authorized to consent to the testing of the sexual assault evidence may

sign a written consent to allow law enforcement to test the sexual assault evidence at any time during that 10-year period for an adult victim, or until a minor victim turns 28 years of age by

(A)contacting the law enforcement agency having jurisdiction, or if unknown, the law enforcement agency contacted by the hospital or approved pediatric health care facility under Section 3.2 of the Criminal Identification Act; or

(B)by working with an advocate at a rape crisis center;

(3)the name, address, and phone number of the law enforcement agency having

jurisdiction, or if unknown the name, address, and phone number of the law enforcement agency contacted by the hospital or approved pediatric health care facility under Section 3.2 of the Criminal Identification Act; and

(4)the name and phone number of a local rape crisis center.

(d)This Section is effective on and after January 1, 2024.

(Text of Section after amendment by P.A. 104-386)

Sec. 6.5. Written consent to the release of sexual assault evidence for testing.

(a)Upon the completion of a medical forensic examination, the health care professional providing the medical forensic examination shall provide the patient the opportunity to sign a written consent to allow law enforcement to submit the sexual assault evidence for testing, if collected. The written consent shall be on a form included in the sexual assault evidence collection kit and posted on the Illinois State Police website. The consent form shall include whether the survivor consents to the release of information about the sexual assault to law enforcement.

(1)A survivor 13 years of age or older may sign the written consent to release the

evidence for testing.

(2)If the survivor is a minor who is under 13 years of age, the written consent to

release the sexual assault evidence for testing may be signed by the parent, guardian, or agent acting under a health care power of attorney. If a parent, guardian, or health care power of attorney is not available or unwilling to release evidence, then a State's Attorney or the Attorney General may petition the court to authorize its release for testing.

(3)If the survivor is an adult who has a guardian of the person, a health care

surrogate, or an agent acting under a health care power of attorney, the consent of the guardian, surrogate, or agent is not required to release evidence and information concerning the sexual assault or sexual abuse. If the adult is unable to provide consent for the release of evidence and information and a guardian, surrogate, or agent under a health care power of attorney is unavailable or unwilling to release the information, then an investigating law enforcement officer may authorize the release.

(4)Any health care professional or health care institution, including any hospital or

approved pediatric health care facility, who provides evidence or information to a law enforcement officer under a written consent as specified in this Section is immune from any civil or professional liability that might arise from those actions, with the exception of willful or wanton misconduct. The immunity provision applies only if all of the requirements of this Section are met.

(b)The hospital or approved pediatric health care facility shall keep a copy of a signed or unsigned written consent form in the patient's medical record.

(c)If a written consent to allow law enforcement to hold the sexual assault evidence is signed at the completion of the medical forensic examination, the hospital or approved pediatric health care facility shall include the following information in its discharge instructions:

(1)the sexual assault evidence will be stored for 10 years from the completion of an

Illinois State Police Sexual Assault Evidence Collection Kit, or 10 years from the age of 18 years, whichever is longer;

(2)a person authorized to consent to the testing of the sexual assault evidence may

sign a written consent to allow law enforcement to test the sexual assault evidence at any time during that 10-year period for an adult victim, or until a minor victim turns 28 years of age by

(A)contacting the law enforcement agency having jurisdiction, or if unknown, the law enforcement agency contacted by the hospital or approved pediatric health care facility under Section 3.2 of the Criminal Identification Act; or

(B)by working with an advocate at a rape crisis center;

(3)the name, address, and phone number of the law enforcement agency having

jurisdiction, or if unknown the name, address, and phone number of the law enforcement agency contacted by the hospital or approved pediatric health care facility under Section 3.2 of the Criminal Identification Act; and

(4)the name and phone number of a local rape crisis center.

(d)This Section is effective on and after January 1, 2024.