Bill Text: IL SB1411 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Reinserts the provisions of the introduced bill. Adds requirements and recommendations of the report created by the Sexual Assault Evidence Tracking and Reporting Commission issued on June 26, 2018 for implementation of the sexual assault evidence tracking system. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-08-16 - Public Act . . . . . . . . . 101-0377 [SB1411 Detail]

Download: Illinois-2019-SB1411-Chaptered.html



Public Act 101-0377
SB1411 EnrolledLRB101 08792 SLF 53879 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Administrative Procedure Act is
amended by changing Section 5-45 as follows:
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
Sec. 5-45. Emergency rulemaking.
(a) "Emergency" means the existence of any situation that
any agency finds reasonably constitutes a threat to the public
interest, safety, or welfare.
(b) If any agency finds that an emergency exists that
requires adoption of a rule upon fewer days than is required by
Section 5-40 and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency rulemaking
with the Secretary of State under Section 5-70. The notice
shall include the text of the emergency rule and shall be
published in the Illinois Register. Consent orders or other
court orders adopting settlements negotiated by an agency may
be adopted under this Section. Subject to applicable
constitutional or statutory provisions, an emergency rule
becomes effective immediately upon filing under Section 5-65 or
at a stated date less than 10 days thereafter. The agency's
finding and a statement of the specific reasons for the finding
shall be filed with the rule. The agency shall take reasonable
and appropriate measures to make emergency rules known to the
persons who may be affected by them.
(c) An emergency rule may be effective for a period of not
longer than 150 days, but the agency's authority to adopt an
identical rule under Section 5-40 is not precluded. No
emergency rule may be adopted more than once in any 24-month
period, except that this limitation on the number of emergency
rules that may be adopted in a 24-month period does not apply
to (i) emergency rules that make additions to and deletions
from the Drug Manual under Section 5-5.16 of the Illinois
Public Aid Code or the generic drug formulary under Section
3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
emergency rules adopted by the Pollution Control Board before
July 1, 1997 to implement portions of the Livestock Management
Facilities Act, (iii) emergency rules adopted by the Illinois
Department of Public Health under subsections (a) through (i)
of Section 2 of the Department of Public Health Act when
necessary to protect the public's health, (iv) emergency rules
adopted pursuant to subsection (n) of this Section, (v)
emergency rules adopted pursuant to subsection (o) of this
Section, or (vi) emergency rules adopted pursuant to subsection
(c-5) of this Section. Two or more emergency rules having
substantially the same purpose and effect shall be deemed to be
a single rule for purposes of this Section.
(c-5) To facilitate the maintenance of the program of group
health benefits provided to annuitants, survivors, and retired
employees under the State Employees Group Insurance Act of
1971, rules to alter the contributions to be paid by the State,
annuitants, survivors, retired employees, or any combination
of those entities, for that program of group health benefits,
shall be adopted as emergency rules. The adoption of those
rules shall be considered an emergency and necessary for the
public interest, safety, and welfare.
(d) In order to provide for the expeditious and timely
implementation of the State's fiscal year 1999 budget,
emergency rules to implement any provision of Public Act 90-587
or 90-588 or any other budget initiative for fiscal year 1999
may be adopted in accordance with this Section by the agency
charged with administering that provision or initiative,
except that the 24-month limitation on the adoption of
emergency rules and the provisions of Sections 5-115 and 5-125
do not apply to rules adopted under this subsection (d). The
adoption of emergency rules authorized by this subsection (d)
shall be deemed to be necessary for the public interest,
safety, and welfare.
(e) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2000 budget,
emergency rules to implement any provision of Public Act 91-24
or any other budget initiative for fiscal year 2000 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (e). The adoption of
emergency rules authorized by this subsection (e) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(f) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2001 budget,
emergency rules to implement any provision of Public Act 91-712
or any other budget initiative for fiscal year 2001 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (f). The adoption of
emergency rules authorized by this subsection (f) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(g) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2002 budget,
emergency rules to implement any provision of Public Act 92-10
or any other budget initiative for fiscal year 2002 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (g). The adoption of
emergency rules authorized by this subsection (g) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(h) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2003 budget,
emergency rules to implement any provision of Public Act 92-597
or any other budget initiative for fiscal year 2003 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (h). The adoption of
emergency rules authorized by this subsection (h) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(i) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2004 budget,
emergency rules to implement any provision of Public Act 93-20
or any other budget initiative for fiscal year 2004 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (i). The adoption of
emergency rules authorized by this subsection (i) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(j) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2005 budget as provided under the Fiscal Year 2005 Budget
Implementation (Human Services) Act, emergency rules to
implement any provision of the Fiscal Year 2005 Budget
Implementation (Human Services) Act may be adopted in
accordance with this Section by the agency charged with
administering that provision, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (j). The Department of Public Aid
may also adopt rules under this subsection (j) necessary to
administer the Illinois Public Aid Code and the Children's
Health Insurance Program Act. The adoption of emergency rules
authorized by this subsection (j) shall be deemed to be
necessary for the public interest, safety, and welfare.
(k) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2006 budget, emergency rules to implement any provision of
Public Act 94-48 or any other budget initiative for fiscal year
2006 may be adopted in accordance with this Section by the
agency charged with administering that provision or
initiative, except that the 24-month limitation on the adoption
of emergency rules and the provisions of Sections 5-115 and
5-125 do not apply to rules adopted under this subsection (k).
The Department of Healthcare and Family Services may also adopt
rules under this subsection (k) necessary to administer the
Illinois Public Aid Code, the Senior Citizens and Persons with
Disabilities Property Tax Relief Act, the Senior Citizens and
Disabled Persons Prescription Drug Discount Program Act (now
the Illinois Prescription Drug Discount Program Act), and the
Children's Health Insurance Program Act. The adoption of
emergency rules authorized by this subsection (k) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(l) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2007 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2007, including
rules effective July 1, 2007, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (l) shall be deemed to be necessary for the
public interest, safety, and welfare.
(m) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2008 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2008, including
rules effective July 1, 2008, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (m) shall be deemed to be necessary for the
public interest, safety, and welfare.
(n) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2010 budget, emergency rules to implement any provision of
Public Act 96-45 or any other budget initiative authorized by
the 96th General Assembly for fiscal year 2010 may be adopted
in accordance with this Section by the agency charged with
administering that provision or initiative. The adoption of
emergency rules authorized by this subsection (n) shall be
deemed to be necessary for the public interest, safety, and
welfare. The rulemaking authority granted in this subsection
(n) shall apply only to rules promulgated during Fiscal Year
2010.
(o) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2011 budget, emergency rules to implement any provision of
Public Act 96-958 or any other budget initiative authorized by
the 96th General Assembly for fiscal year 2011 may be adopted
in accordance with this Section by the agency charged with
administering that provision or initiative. The adoption of
emergency rules authorized by this subsection (o) is deemed to
be necessary for the public interest, safety, and welfare. The
rulemaking authority granted in this subsection (o) applies
only to rules promulgated on or after July 1, 2010 (the
effective date of Public Act 96-958) through June 30, 2011.
(p) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 97-689,
emergency rules to implement any provision of Public Act 97-689
may be adopted in accordance with this subsection (p) by the
agency charged with administering that provision or
initiative. The 150-day limitation of the effective period of
emergency rules does not apply to rules adopted under this
subsection (p), and the effective period may continue through
June 30, 2013. The 24-month limitation on the adoption of
emergency rules does not apply to rules adopted under this
subsection (p). The adoption of emergency rules authorized by
this subsection (p) is deemed to be necessary for the public
interest, safety, and welfare.
(q) In order to provide for the expeditious and timely
implementation of the provisions of Articles 7, 8, 9, 11, and
12 of Public Act 98-104, emergency rules to implement any
provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
may be adopted in accordance with this subsection (q) by the
agency charged with administering that provision or
initiative. The 24-month limitation on the adoption of
emergency rules does not apply to rules adopted under this
subsection (q). The adoption of emergency rules authorized by
this subsection (q) is deemed to be necessary for the public
interest, safety, and welfare.
(r) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 98-651,
emergency rules to implement Public Act 98-651 may be adopted
in accordance with this subsection (r) by the Department of
Healthcare and Family Services. The 24-month limitation on the
adoption of emergency rules does not apply to rules adopted
under this subsection (r). The adoption of emergency rules
authorized by this subsection (r) is deemed to be necessary for
the public interest, safety, and welfare.
(s) In order to provide for the expeditious and timely
implementation of the provisions of Sections 5-5b.1 and 5A-2 of
the Illinois Public Aid Code, emergency rules to implement any
provision of Section 5-5b.1 or Section 5A-2 of the Illinois
Public Aid Code may be adopted in accordance with this
subsection (s) by the Department of Healthcare and Family
Services. The rulemaking authority granted in this subsection
(s) shall apply only to those rules adopted prior to July 1,
2015. Notwithstanding any other provision of this Section, any
emergency rule adopted under this subsection (s) shall only
apply to payments made for State fiscal year 2015. The adoption
of emergency rules authorized by this subsection (s) is deemed
to be necessary for the public interest, safety, and welfare.
(t) In order to provide for the expeditious and timely
implementation of the provisions of Article II of Public Act
99-6, emergency rules to implement the changes made by Article
II of Public Act 99-6 to the Emergency Telephone System Act may
be adopted in accordance with this subsection (t) by the
Department of State Police. The rulemaking authority granted in
this subsection (t) shall apply only to those rules adopted
prior to July 1, 2016. The 24-month limitation on the adoption
of emergency rules does not apply to rules adopted under this
subsection (t). The adoption of emergency rules authorized by
this subsection (t) is deemed to be necessary for the public
interest, safety, and welfare.
(u) In order to provide for the expeditious and timely
implementation of the provisions of the Burn Victims Relief
Act, emergency rules to implement any provision of the Act may
be adopted in accordance with this subsection (u) by the
Department of Insurance. The rulemaking authority granted in
this subsection (u) shall apply only to those rules adopted
prior to December 31, 2015. The adoption of emergency rules
authorized by this subsection (u) is deemed to be necessary for
the public interest, safety, and welfare.
(v) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-516,
emergency rules to implement Public Act 99-516 may be adopted
in accordance with this subsection (v) by the Department of
Healthcare and Family Services. The 24-month limitation on the
adoption of emergency rules does not apply to rules adopted
under this subsection (v). The adoption of emergency rules
authorized by this subsection (v) is deemed to be necessary for
the public interest, safety, and welfare.
(w) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-796,
emergency rules to implement the changes made by Public Act
99-796 may be adopted in accordance with this subsection (w) by
the Adjutant General. The adoption of emergency rules
authorized by this subsection (w) is deemed to be necessary for
the public interest, safety, and welfare.
(x) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-906,
emergency rules to implement subsection (i) of Section 16-115D,
subsection (g) of Section 16-128A, and subsection (a) of
Section 16-128B of the Public Utilities Act may be adopted in
accordance with this subsection (x) by the Illinois Commerce
Commission. The rulemaking authority granted in this
subsection (x) shall apply only to those rules adopted within
180 days after June 1, 2017 (the effective date of Public Act
99-906). The adoption of emergency rules authorized by this
subsection (x) is deemed to be necessary for the public
interest, safety, and welfare.
(y) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-23,
emergency rules to implement the changes made by Public Act
100-23 to Section 4.02 of the Illinois Act on the Aging,
Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
Section 55-30 of the Alcoholism and Other Drug Abuse and
Dependency Act, and Sections 74 and 75 of the Mental Health and
Developmental Disabilities Administrative Act may be adopted
in accordance with this subsection (y) by the respective
Department. The adoption of emergency rules authorized by this
subsection (y) is deemed to be necessary for the public
interest, safety, and welfare.
(z) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-554,
emergency rules to implement the changes made by Public Act
100-554 to Section 4.7 of the Lobbyist Registration Act may be
adopted in accordance with this subsection (z) by the Secretary
of State. The adoption of emergency rules authorized by this
subsection (z) is deemed to be necessary for the public
interest, safety, and welfare.
(aa) In order to provide for the expeditious and timely
initial implementation of the changes made to Articles 5, 5A,
12, and 14 of the Illinois Public Aid Code under the provisions
of Public Act 100-581, the Department of Healthcare and Family
Services may adopt emergency rules in accordance with this
subsection (aa). The 24-month limitation on the adoption of
emergency rules does not apply to rules to initially implement
the changes made to Articles 5, 5A, 12, and 14 of the Illinois
Public Aid Code adopted under this subsection (aa). The
adoption of emergency rules authorized by this subsection (aa)
is deemed to be necessary for the public interest, safety, and
welfare.
(bb) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-587,
emergency rules to implement the changes made by Public Act
100-587 to Section 4.02 of the Illinois Act on the Aging,
Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
subsection (b) of Section 55-30 of the Alcoholism and Other
Drug Abuse and Dependency Act, Section 5-104 of the Specialized
Mental Health Rehabilitation Act of 2013, and Section 75 and
subsection (b) of Section 74 of the Mental Health and
Developmental Disabilities Administrative Act may be adopted
in accordance with this subsection (bb) by the respective
Department. The adoption of emergency rules authorized by this
subsection (bb) is deemed to be necessary for the public
interest, safety, and welfare.
(cc) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-587,
emergency rules may be adopted in accordance with this
subsection (cc) to implement the changes made by Public Act
100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois
Pension Code by the Board created under Article 14 of the Code;
Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
the Board created under Article 15 of the Code; and Sections
16-190.5 and 16-190.6 of the Illinois Pension Code by the Board
created under Article 16 of the Code. The adoption of emergency
rules authorized by this subsection (cc) is deemed to be
necessary for the public interest, safety, and welfare.
(dd) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-864,
emergency rules to implement the changes made by Public Act
100-864 to Section 3.35 of the Newborn Metabolic Screening Act
may be adopted in accordance with this subsection (dd) by the
Secretary of State. The adoption of emergency rules authorized
by this subsection (dd) is deemed to be necessary for the
public interest, safety, and welfare.
(ee) In order to provide for the expeditious and timely
implementation of the provisions of this amendatory Act of the
100th General Assembly, emergency rules implementing the
Illinois Underground Natural Gas Storage Safety Act may be
adopted in accordance with this subsection by the Department of
Natural Resources. The adoption of emergency rules authorized
by this subsection is deemed to be necessary for the public
interest, safety, and welfare.
(ff) In order to provide for the expeditious and timely
implementation of the provisions of this amendatory Act of the
101st General Assembly, emergency rules may be adopted by the
Department of Labor in accordance with this subsection (ff) to
implement the changes made by this amendatory Act of the 101st
General Assembly to the Minimum Wage Law. The adoption of
emergency rules authorized by this subsection (ff) is deemed to
be necessary for the public interest, safety, and welfare.
(gg) In order to provide for the expeditious and timely
implementation of the provisions of Section 50 of the Sexual
Assault Evidence Submission Act, emergency rules to implement
Section 50 of the Sexual Assault Evidence Submission Act may be
adopted in accordance with this subsection (gg) by the
Department of State Police. The adoption of emergency rules
authorized by this subsection (gg) is deemed to be necessary
for the public interest, safety, and welfare.
(Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17;
100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff.
6-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18;
100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 101-1, eff.
2-19-19.)
Section 10. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the Capital
Crimes Litigation Act. This subsection (n) shall apply
until the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior
to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from
the Illinois Health Information Exchange, and identified
or deidentified health information in the form of health
data and medical records of the Illinois Health Information
Exchange in the possession of the Illinois Health
Information Exchange Authority due to its administration
of the Illinois Health Information Exchange. The terms
"identified" and "deidentified" shall be given the same
meaning as in the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, or any
subsequent amendments thereto, and any regulations
promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed Carry
Licensing Review Board under the Firearm Concealed Carry
Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of an
eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day and
temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) (ll) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) (ll) Information that is exempt from disclosure
under Section 70 of the Higher Education Student Assistance
Act.
(oo) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
10-12-18.)
Section 15. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Section 5 as follows:
(410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
Sec. 5. Minimum requirements for medical forensic services
provided to sexual assault survivors by hospitals and approved
pediatric health care facilities.
(a) Every hospital and approved pediatric health care
facility providing medical forensic services to sexual assault
survivors under this Act shall, as minimum requirements for
such services, provide, with the consent of the sexual assault
survivor, and as ordered by the attending physician, an
advanced practice registered nurse, or a physician assistant,
the services set forth in subsection (a-5).
Beginning January 1, 2022, a qualified medical provider
must provide the services set forth in subsection (a-5).
(a-5) A treatment hospital, a treatment hospital with
approved pediatric transfer, or an approved pediatric health
care facility shall provide the following services in
accordance with subsection (a):
(1) Appropriate medical forensic services without
delay, in a private, age-appropriate or
developmentally-appropriate space, required to ensure the
health, safety, and welfare of a sexual assault survivor
and which may be used as evidence in a criminal proceeding
against a person accused of the sexual assault, in a
proceeding under the Juvenile Court Act of 1987, or in an
investigation under the Abused and Neglected Child
Reporting Act.
Records of medical forensic services, including
results of examinations and tests, the Illinois State
Police Medical Forensic Documentation Forms, the Illinois
State Police Patient Discharge Materials, and the Illinois
State Police Patient Consent: Collect and Test Evidence or
Collect and Hold Evidence Form, shall be maintained by the
hospital or approved pediatric health care facility as part
of the patient's electronic medical record.
Records of medical forensic services of sexual assault
survivors under the age of 18 shall be retained by the
hospital for a period of 60 years after the sexual assault
survivor reaches the age of 18. Records of medical forensic
services of sexual assault survivors 18 years of age or
older shall be retained by the hospital for a period of 20
years after the date the record was created.
Records of medical forensic services may only be
disseminated in accordance with Section 6.5 of this Act and
other State and federal law.
(1.5) An offer to complete the Illinois Sexual Assault
Evidence Collection Kit for any sexual assault survivor who
presents within a minimum of the last 7 days of the assault
or who has disclosed past sexual assault by a specific
individual and was in the care of that individual within a
minimum of the last 7 days.
(A) Appropriate oral and written information
concerning evidence-based guidelines for the
appropriateness of evidence collection depending on
the sexual development of the sexual assault survivor,
the type of sexual assault, and the timing of the
sexual assault shall be provided to the sexual assault
survivor. Evidence collection is encouraged for
prepubescent sexual assault survivors who present to a
hospital or approved pediatric health care facility
with a complaint of sexual assault within a minimum of
96 hours after the sexual assault.
Before January 1, 2022, the information required
under this subparagraph shall be provided in person by
the health care professional providing medical
forensic services directly to the sexual assault
survivor.
On and after January 1, 2022, the information
required under this subparagraph shall be provided in
person by the qualified medical provider providing
medical forensic services directly to the sexual
assault survivor.
The written information provided shall be the
information created in accordance with Section 10 of
this Act.
(B) Following the discussion regarding the
evidence-based guidelines for evidence collection in
accordance with subparagraph (A), evidence collection
must be completed at the sexual assault survivor's
request. A sexual assault nurse examiner conducting an
examination using the Illinois State Police Sexual
Assault Evidence Collection Kit may do so without the
presence or participation of a physician.
(2) Appropriate oral and written information
concerning the possibility of infection, sexually
transmitted infection, including an evaluation of the
sexual assault survivor's risk of contracting human
immunodeficiency virus (HIV) from sexual assault, and
pregnancy resulting from sexual assault.
(3) Appropriate oral and written information
concerning accepted medical procedures, laboratory tests,
medication, and possible contraindications of such
medication available for the prevention or treatment of
infection or disease resulting from sexual assault.
(3.5) After after a medical evidentiary or physical
examination, access to a shower at no cost, unless
showering facilities are unavailable. ;
(4) An amount of medication, including HIV
prophylaxis, for treatment at the hospital or approved
pediatric health care facility and after discharge as is
deemed appropriate by the attending physician, an advanced
practice registered nurse, or a physician assistant in
accordance with the Centers for Disease Control and
Prevention guidelines and consistent with the hospital's
or approved pediatric health care facility's current
approved protocol for sexual assault survivors.
(5) Photo documentation of the sexual assault
survivor's injuries, anatomy involved in the assault, or
other visible evidence on the sexual assault survivor's
body to supplement the medical forensic history and written
documentation of physical findings and evidence beginning
July 1, 2019. Photo documentation does not replace written
documentation of the injury.
(6) Written and oral instructions indicating the need
for follow-up examinations and laboratory tests after the
sexual assault to determine the presence or absence of
sexually transmitted infection.
(7) Referral by hospital or approved pediatric health
care facility personnel for appropriate counseling.
(8) Medical advocacy services provided by a rape crisis
counselor whose communications are protected under Section
8-802.1 of the Code of Civil Procedure, if there is a
memorandum of understanding between the hospital or
approved pediatric health care facility and a rape crisis
center. With the consent of the sexual assault survivor, a
rape crisis counselor shall remain in the exam room during
the medical forensic examination.
(9) Written information regarding services provided by
a Children's Advocacy Center and rape crisis center, if
applicable.
(10) A treatment hospital, a treatment hospital with
approved pediatric transfer, an out-of-state hospital as
defined in Section 5.4, or an approved pediatric health
care facility shall comply with the rules relating to the
collection and tracking of sexual assault evidence adopted
by the Department of State Police under Section 50 of the
Sexual Assault Evidence Submission Act.
(a-7) By January 1, 2022, every hospital with a treatment
plan approved by the Department shall employ or contract with a
qualified medical provider to initiate medical forensic
services to a sexual assault survivor within 90 minutes of the
patient presenting to the treatment hospital or treatment
hospital with approved pediatric transfer. The provision of
medical forensic services by a qualified medical provider shall
not delay the provision of life-saving medical care.
(b) Any person who is a sexual assault survivor who seeks
medical forensic services or follow-up healthcare under this
Act shall be provided such services without the consent of any
parent, guardian, custodian, surrogate, or agent. If a sexual
assault survivor is unable to consent to medical forensic
services, the services may be provided under the Consent by
Minors to Medical Procedures Act, the Health Care Surrogate
Act, or other applicable State and federal laws.
(b-5) Every hospital or approved pediatric health care
facility providing medical forensic services to sexual assault
survivors shall issue a voucher to any sexual assault survivor
who is eligible to receive one in accordance with Section 5.2
of this Act. The hospital shall make a copy of the voucher and
place it in the medical record of the sexual assault survivor.
The hospital shall provide a copy of the voucher to the sexual
assault survivor after discharge upon request.
(c) Nothing in this Section creates a physician-patient
relationship that extends beyond discharge from the hospital or
approved pediatric health care facility.
(Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16;
99-642, eff. 7-28-16; 100-513, eff. 1-1-18; 100-775, eff.
1-1-19; 100-1087, eff. 1-1-19; revised 10-24-18.)
Section 20. The Sexual Assault Evidence Submission Act is
amended by adding Section 50 as follows:
(725 ILCS 202/50 new)
Sec. 50. Sexual assault evidence tracking system.
(a) On June 26, 2018, the Sexual Assault Evidence Tracking
and Reporting Commission issued its report as required under
Section 43. It is the intention of the General Assembly in
enacting the provisions of this amendatory Act of the 101st
General Assembly to implement the recommendations of the Sexual
Assault Evidence Tracking and Reporting Commission set forth in
that report in a manner that utilizes the current resources of
law enforcement agencies whenever possible and that is
adaptable to changing technologies and circumstances.
(a-1) Due to the complex nature of a statewide tracking
system for sexual assault evidence and to ensure all
stakeholders, including, but not limited to, victims and their
designees, health care facilities, law enforcement agencies,
forensic labs, and State's Attorneys offices are integrated,
the Commission recommended the purchase of an electronic
off-the-shelf tracking system. The system must be able to
communicate with all stakeholders and provide real-time
information to a victim or his or her designee on the status of
the evidence that was collected. The sexual assault evidence
tracking system must:
(1) be electronic and web-based;
(2) be administered by the Department of State Police;
(3) have help desk availability at all times;
(4) ensure the law enforcement agency contact
information is accessible to the victim or his or her
designee through the tracking system, so there is contact
information for questions;
(5) have the option for external connectivity to
evidence management systems, laboratory information
management systems, or other electronic data systems
already in existence by any of the stakeholders to minimize
additional burdens or tasks on stakeholders;
(6) allow for the victim to opt in for automatic
notifications when status updates are entered in the
system, if the system allows;
(7) include at each step in the process, a brief
explanation of the general purpose of that step and a
general indication of how long the step may take to
complete;
(8) contain minimum fields for tracking and reporting,
as follows:
(A) for sexual assault evidence kit vendor fields:
(i) each sexual evidence kit identification
number provided to each health care facility; and
(ii) the date the sexual evidence kit was sent
to the health care facility.
(B) for health care facility fields:
(i) the date sexual assault evidence was
collected; and
(ii) the date notification was made to the law
enforcement agency that the sexual assault
evidence was collected.
(C) for law enforcement agency fields:
(i) the date the law enforcement agency took
possession of the sexual assault evidence from the
health care facility, another law enforcement
agency, or victim if he or she did not go through a
health care facility;
(ii) the law enforcement agency complaint
number;
(iii) if the law enforcement agency that takes
possession of the sexual assault evidence from a
health care facility is not the law enforcement
agency with jurisdiction in which the offense
occurred, the date when the law enforcement agency
notified the law enforcement agency having
jurisdiction that the agency has sexual assault
evidence required under subsection (c) of Section
20 of the Sexual Assault Incident Procedure Act;
(iv) an indication if the victim consented for
analysis of the sexual assault evidence;
(v) if the victim did not consent for analysis
of the sexual assault evidence, the date on which
the law enforcement agency is no longer required to
store the sexual assault evidence;
(vi) a mechanism for the law enforcement
agency to document why the sexual assault evidence
was not submitted to the laboratory for analysis,
if applicable;
(vii) the date the law enforcement agency
received the sexual assault evidence results back
from the laboratory;
(viii) the date statutory notifications were
made to the victim or documentation of why
notification was not made; and
(ix) the date the law enforcement agency
turned over the case information to the State's
Attorney office, if applicable.
(D) for forensic lab fields:
(i) the date the sexual assault evidence is
received from the law enforcement agency by the
forensic lab for analysis;
(ii) the laboratory case number, visible to
the law enforcement agency and State's Attorney
office; and
(iii) the date the laboratory completes the
analysis of the sexual assault evidence.
(E) for State's Attorney office fields:
(i) the date the State's Attorney office
received the sexual assault evidence results from
the laboratory, if applicable; and
(ii) the disposition or status of the case.
(a-2) The Commission also developed guidelines for secure
electronic access to a tracking system for a victim, or his or
her designee to access information on the status of the
evidence collected. The Commission recommended minimum
guidelines in order to safeguard confidentiality of the
information contained within this statewide tracking system.
These recommendations are that the sexual assault evidence
tracking system must:
(1) allow for secure access, controlled by an
administering body who can restrict user access and allow
different permissions based on the need of that particular
user and health care facility users may include
out-of-state border hospitals, if authorized by the
Department of State Police to obtain this State's kits from
vendor;
(2) provide for users, other than victims, the ability
to provide for any individual who is granted access to the
program their own unique user ID and password;
(3) provide for a mechanism for a victim to enter the
system and only access his or her own information;
(4) enable a sexual assault evidence to be tracked and
identified through the unique sexual assault evidence kit
identification number or barcode that the vendor applies to
each sexual assault evidence kit per the Department of
State Police's contract;
(5) have a mechanism to inventory unused kits provided
to a health care facility from the vendor;
(6) provide users the option to either scan the bar
code or manually enter the sexual assault evidence kit
number into the tracking program;
(7) provide a mechanism to create a separate unique
identification number for cases in which a sexual evidence
kit was not collected, but other evidence was collected;
(8) provide the ability to record date, time, and user
ID whenever any user accesses the system;
(9) provide for real-time entry and update of data;
(10) contain report functions including:
(A) health care facility compliance with
applicable laws;
(B) law enforcement agency compliance with
applicable laws;
(C) law enforcement agency annual inventory of
cases to each State's Attorney office; and
(D) forensic lab compliance with applicable laws;
and
(11) provide automatic notifications to the law
enforcement agency when:
(A) a health care facility has collected sexual
assault evidence;
(B) unreleased sexual assault evidence that is
being stored by the law enforcement agency has met the
minimum storage requirement by law; and
(C) timelines as required by law are not met for a
particular case, if not otherwise documented.
(b) The Department shall develop rules to implement a
sexual assault evidence tracking system that conforms with
subsections (a-1) and (a-2) of this Section. The Department
shall design the criteria for the sexual assault evidence
tracking system so that, to the extent reasonably possible, the
system can use existing technologies and products, including,
but not limited to, currently available tracking systems. The
sexual assault evidence tracking system shall be operational
and shall begin tracking and reporting sexual assault evidence
no later than one year after the effective date of this
amendatory Act of the 101st General Assembly. The Department
may adopt additional rules as it deems necessary to ensure that
the sexual assault evidence tracking system continues to be a
useful tool for law enforcement.
(c) A treatment hospital, a treatment hospital with
approved pediatric transfer, an out-of-state hospital approved
by the Department of Public Health to receive transfers of
Illinois sexual assault survivors, or an approved pediatric
health care facility defined in Section 1a of the Sexual
Assault Survivors Emergency Treatment Act shall participate in
the sexual assault evidence tracking system created under this
Section and in accordance with rules adopted under subsection
(b), including, but not limited to, the collection of sexual
assault evidence and providing information regarding that
evidence, including, but not limited to, providing notice to
law enforcement that the evidence has been collected.
(d) The operations of the sexual assault evidence tracking
system shall be funded by moneys appropriated for that purpose
from the State Crime Laboratory Fund and funds provided to the
Department through asset forfeiture, together with such other
funds as the General Assembly may appropriate.
(e) To ensure that the sexual assault evidence tracking
system is operational, the Department may adopt emergency rules
to implement the provisions of this Section under subsection
(ff) of Section 5-45 of the Illinois Administrative Procedure
Act.
(f) Information, including, but not limited to, evidence
and records in the sexual assault evidence tracking system is
exempt from disclosure under the Freedom of Information Act.
Section 25. The Unified Code of Corrections is amended by
changing Section 5-9-1.4 as follows:
(730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
(Text of Section before amendment by P.A. 100-987)
Sec. 5-9-1.4. (a) "Crime laboratory" means any
not-for-profit laboratory registered with the Drug Enforcement
Administration of the United States Department of Justice,
substantially funded by a unit or combination of units of local
government or the State of Illinois, which regularly employs at
least one person engaged in the analysis of controlled
substances, cannabis, methamphetamine, or steroids for
criminal justice agencies in criminal matters and provides
testimony with respect to such examinations.
(b) When a person has been adjudged guilty of an offense in
violation of the Cannabis Control Act, the Illinois Controlled
Substances Act, the Methamphetamine Control and Community
Protection Act, or the Steroid Control Act, in addition to any
other disposition, penalty or fine imposed, a criminal
laboratory analysis fee of $100 for each offense for which he
was convicted shall be levied by the court. Any person placed
on probation pursuant to Section 10 of the Cannabis Control
Act, Section 410 of the Illinois Controlled Substances Act,
Section 70 of the Methamphetamine Control and Community
Protection Act, or Section 10 of the Steroid Control Act or
placed on supervision for a violation of the Cannabis Control
Act, the Illinois Controlled Substances Act or the Steroid
Control Act shall be assessed a criminal laboratory analysis
fee of $100 for each offense for which he was charged. Upon
verified petition of the person, the court may suspend payment
of all or part of the fee if it finds that the person does not
have the ability to pay the fee.
(c) In addition to any other disposition made pursuant to
the provisions of the Juvenile Court Act of 1987, any minor
adjudicated delinquent for an offense which if committed by an
adult would constitute a violation of the Cannabis Control Act,
the Illinois Controlled Substances Act, the Methamphetamine
Control and Community Protection Act, or the Steroid Control
Act shall be assessed a criminal laboratory analysis fee of
$100 for each adjudication. Upon verified petition of the
minor, the court may suspend payment of all or part of the fee
if it finds that the minor does not have the ability to pay the
fee. The parent, guardian or legal custodian of the minor may
pay some or all of such fee on the minor's behalf.
(d) All criminal laboratory analysis fees provided for by
this Section shall be collected by the clerk of the court and
forwarded to the appropriate crime laboratory fund as provided
in subsection (f).
(e) Crime laboratory funds shall be established as follows:
(1) Any unit of local government which maintains a
crime laboratory may establish a crime laboratory fund
within the office of the county or municipal treasurer.
(2) Any combination of units of local government which
maintains a crime laboratory may establish a crime
laboratory fund within the office of the treasurer of the
county where the crime laboratory is situated.
(3) The State Crime Laboratory Fund is hereby created
as a special fund in the State Treasury.
(f) The analysis fee provided for in subsections (b) and
(c) of this Section shall be forwarded to the office of the
treasurer of the unit of local government that performed the
analysis if that unit of local government has established a
crime laboratory fund, or to the State Crime Laboratory Fund if
the analysis was performed by a laboratory operated by the
Illinois State Police. If the analysis was performed by a crime
laboratory funded by a combination of units of local
government, the analysis fee shall be forwarded to the
treasurer of the county where the crime laboratory is situated
if a crime laboratory fund has been established in that county.
If the unit of local government or combination of units of
local government has not established a crime laboratory fund,
then the analysis fee shall be forwarded to the State Crime
Laboratory Fund. The clerk of the circuit court may retain the
amount of $10 from each collected analysis fee to offset
administrative costs incurred in carrying out the clerk's
responsibilities under this Section.
(g) Fees deposited into a crime laboratory fund created
pursuant to paragraphs (1) or (2) of subsection (e) of this
Section shall be in addition to any allocations made pursuant
to existing law and shall be designated for the exclusive use
of the crime laboratory. These uses may include, but are not
limited to, the following:
(1) costs incurred in providing analysis for
controlled substances in connection with criminal
investigations conducted within this State;
(2) purchase and maintenance of equipment for use in
performing analyses; and
(3) continuing education, training and professional
development of forensic scientists regularly employed by
these laboratories.
(h) Fees deposited in the State Crime Laboratory Fund
created pursuant to paragraph (3) of subsection (d) of this
Section shall be used by State crime laboratories as designated
by the Director of State Police. These funds shall be in
addition to any allocations made pursuant to existing law and
shall be designated for the exclusive use of State crime
laboratories or for the sexual assault evidence tracking system
created under Section 50 of the Sexual Assault Evidence
Submission Act. These uses may include those enumerated in
subsection (g) of this Section.
(Source: P.A. 94-556, eff. 9-11-05.)
(Text of Section after amendment by P.A. 100-987)
Sec. 5-9-1.4. (a) "Crime laboratory" means any
not-for-profit laboratory registered with the Drug Enforcement
Administration of the United States Department of Justice,
substantially funded by a unit or combination of units of local
government or the State of Illinois, which regularly employs at
least one person engaged in the analysis of controlled
substances, cannabis, methamphetamine, or steroids for
criminal justice agencies in criminal matters and provides
testimony with respect to such examinations.
(b) (Blank).
(c) In addition to any other disposition made pursuant to
the provisions of the Juvenile Court Act of 1987, any minor
adjudicated delinquent for an offense which if committed by an
adult would constitute a violation of the Cannabis Control Act,
the Illinois Controlled Substances Act, the Methamphetamine
Control and Community Protection Act, or the Steroid Control
Act shall be required to pay a criminal laboratory analysis
assessment of $100 for each adjudication. Upon verified
petition of the minor, the court may suspend payment of all or
part of the assessment if it finds that the minor does not have
the ability to pay the assessment. The parent, guardian or
legal custodian of the minor may pay some or all of such
assessment on the minor's behalf.
(d) All criminal laboratory analysis fees provided for by
this Section shall be collected by the clerk of the court and
forwarded to the appropriate crime laboratory fund as provided
in subsection (f).
(e) Crime laboratory funds shall be established as follows:
(1) Any unit of local government which maintains a
crime laboratory may establish a crime laboratory fund
within the office of the county or municipal treasurer.
(2) Any combination of units of local government which
maintains a crime laboratory may establish a crime
laboratory fund within the office of the treasurer of the
county where the crime laboratory is situated.
(3) The State Crime Laboratory Fund is hereby created
as a special fund in the State Treasury.
(f) The analysis assessment provided for in subsection (c)
of this Section shall be forwarded to the office of the
treasurer of the unit of local government that performed the
analysis if that unit of local government has established a
crime laboratory fund, or to the State Crime Laboratory Fund if
the analysis was performed by a laboratory operated by the
Illinois State Police. If the analysis was performed by a crime
laboratory funded by a combination of units of local
government, the analysis assessment shall be forwarded to the
treasurer of the county where the crime laboratory is situated
if a crime laboratory fund has been established in that county.
If the unit of local government or combination of units of
local government has not established a crime laboratory fund,
then the analysis assessment shall be forwarded to the State
Crime Laboratory Fund.
(g) Moneys deposited into a crime laboratory fund created
pursuant to paragraphs (1) or (2) of subsection (e) of this
Section shall be in addition to any allocations made pursuant
to existing law and shall be designated for the exclusive use
of the crime laboratory. These uses may include, but are not
limited to, the following:
(1) costs incurred in providing analysis for
controlled substances in connection with criminal
investigations conducted within this State;
(2) purchase and maintenance of equipment for use in
performing analyses; and
(3) continuing education, training and professional
development of forensic scientists regularly employed by
these laboratories.
(h) Moneys deposited in the State Crime Laboratory Fund
created pursuant to paragraph (3) of subsection (d) of this
Section shall be used by State crime laboratories as designated
by the Director of State Police. These funds shall be in
addition to any allocations made pursuant to existing law and
shall be designated for the exclusive use of State crime
laboratories or for the sexual assault evidence tracking system
created under Section 50 of the Sexual Assault Evidence
Submission Act. These uses may include those enumerated in
subsection (g) of this Section.
(Source: P.A. 100-987, eff. 7-1-19.)
Section 90. The State Mandates Act is amended by adding
Section 8.43 as follows:
(30 ILCS 805/8.43 new)
Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 101st General Assembly.
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.
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