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Illinois General Assembly· SB 3506Governor Approved

CRIME VICTIMS RIGHTS, the official text

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SB3506 Enrolled                     LRB104 19574 RLC 33022 b

1   AN ACT concerning criminal law.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Sexual Assault Survivors Emergency

5 Treatment Act is amended by changing Sections 1a, 2, 5, and 6.5

6 as follows:

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

8   Sec. 1a. Definitions.

9   (a) In this Act:

10  "Acute sexual assault" means a sexual assault that has

11 recently occurred. For patients under the age of 13, "acute

12 sexual assault" means a sexual assault that has occurred

13 within the past 72 hours. For patients 13 years old or older,

14 "acute sexual assault" means a sexual assault that has

15 occurred within the past 168 hours.

16  "Advanced practice registered nurse" has the meaning

17 provided in Section 50-10 of the Nurse Practice Act.

18  "Ambulance provider" means an individual or entity that

19 owns and operates a business or service using ambulances or

20 emergency medical services vehicles to transport emergency

21 patients.

22  "Approved pediatric health care facility" means a health

23 care facility, other than a hospital, with a sexual assault
    SB3506 Enrolled         -2-      LRB104 19574 RLC 33022 b

1 treatment plan approved by the Department to provide medical

2 forensic examinations to sexual assault survivors under the

3 age of 18 who present with a complaint of acute sexual assault.

4   "Areawide sexual assault treatment plan" means a plan,

5 developed by hospitals or by hospitals and approved pediatric

6 health care facilities in a community or area to be served,

7 which provides for medical forensic examinations to acute

8 sexual assault survivors that shall be made available by each

9 of the participating hospitals and approved pediatric health

10 care facilities.

11  "Assent" means the expressed willingness to participate in

12 an activity or give permission.

13  "Board-certified child abuse pediatrician" means a

14 physician certified by the American Board of Pediatrics in

15 child abuse pediatrics.

16  "Board-eligible child abuse pediatrician" means a

17 physician who has completed the requirements set forth by the

18 American Board of Pediatrics to take the examination for

19 certification in child abuse pediatrics.

20  "Decisional capacity" means the ability to understand and

21 appreciate the nature and consequences of a decision regarding

22 medical treatment or evidence collection and the ability to

23 reach and communicate an informed decision in the matter as

24 determined by a physician, an advanced practice registered

25 nurse, or a physician assistant.

26  "Department" means the Department of Public Health.
    SB3506 Enrolled            -3-  LRB104 19574 RLC 33022 b

1   "Distant site" has the meaning given to that term in

2 Section 5 of the Telehealth Act.

3   "Emergency contraception" means medication as approved by

4 the federal Food and Drug Administration (FDA) that can

5 significantly reduce the risk of pregnancy if taken within 72

6 hours after sexual assault.

7   "Follow-up healthcare" means healthcare services related

8 to a sexual assault, including laboratory services and

9 pharmacy services, rendered within 180 days of the initial

10 visit as a result of the sexual assault.

11  "Guardian" means a court appointed guardian of the person.

12 "Guardian" includes the DCFS Guardianship Administrator or the

13 DCFS Guardianship Administrator's authorized agent for a minor

14 in temporary custody or guardianship of the Department of

15 Children and Family Services, pursuant to a court order

16 entered in proceedings occurring under the Juvenile Court Act

17 of 1987. "Guardian" also includes a short-term guardian

18 appointed for an adult in accordance with Section 11a-3.2 of

19 the Probate Act of 1975.

20  "Health care professional" means a physician, a physician

21 assistant, a sexual assault forensic examiner, an advanced

22 practice registered nurse, a registered professional nurse, a

23 licensed practical nurse, or a sexual assault nurse examiner.

24  "Hospital" means a hospital licensed under the Hospital

25 Licensing Act or operated under the University of Illinois

26 Hospital Act, any outpatient center included in the hospital's
    SB3506 Enrolled  -4-              LRB104 19574 RLC 33022 b

1 sexual assault treatment plan where hospital employees provide

2 medical forensic examinations, and an out-of-state hospital

3 that has consented to the jurisdiction of the Department under

4 Section 2.06.

5   "Illinois State Police Sexual Assault Evidence Collection

6 Kit" means a prepackaged set of materials and forms to be used

7 for the collection of evidence relating to sexual assault. The

8 standardized evidence collection kit for the State of Illinois

9 shall be the Illinois State Police Sexual Assault Evidence

10 Collection Kit.

11  "Law enforcement agency having jurisdiction" means the law

12 enforcement agency in the jurisdiction where an alleged sexual

13 assault or sexual abuse occurred.

14  "Licensed practical nurse" has the meaning provided in

15 Section 50-10 of the Nurse Practice Act.

16  "Medical forensic examination" means health care delivered

17 to patients in the care of a qualified medical provider

18 working at a treatment hospital, treatment hospital with

19 approved pediatric transfer, or an approved pediatric health

20 care facility that is either: (i) performed by a qualified

21 medical provider, or (ii) performed by a trained provider and

22 precepted by a qualified medical provider. A "medical "Medical

23 forensic examination" may be assisted with the use of a

24 TeleSANE interactive telecommunications system and includes,

25 but is not limited to, taking a medical history, performing

26 photo documentation, performing a physical and anogenital
    SB3506 Enrolled      -5-         LRB104 19574 RLC 33022 b

1 examination, assessing the patient for evidence collection,

2 collecting evidence in accordance with a statewide sexual

3 assault evidence collection program administered by the

4 Illinois State Police using the Illinois State Police Sexual

5 Assault Evidence Collection Kit, if appropriate, assessing the

6 patient for drug-facilitated or alcohol-facilitated sexual

7 assault, providing an evaluation of and care for sexually

8 transmitted infection and human immunodeficiency virus (HIV),

9 pregnancy risk evaluation and care, and discharge and

10 follow-up healthcare planning.

11  "Minor" means a person who has not attained the age of 18

12 years.

13  "Originating site" has the meaning given to that term in

14 Section 5 of the Telehealth Act.

15  "Originating site provider" means a trained provider or

16 qualified medical provider at the originating site.

17  "Pediatric health care facility" means a clinic or

18 physician's office that provides medical services to patients

19 under the age of 18.

20  "Pediatric sexual assault survivor" means a person under

21 the age of 13 who presents for a medical forensic examination

22 in relation to injuries or trauma resulting from a sexual

23 assault.

24  "Precept" means to provide direct and active clinical

25 oversight to a trained provider during the performance of a

26 medical forensic examination in a clinical setting, whether
    SB3506 Enrolled              -6-  LRB104 19574 RLC 33022 b

1 in-person or via a TeleSANE interactive telecommunications

2 system.

3   "Photo documentation" means digital photographs or

4 colposcope videos stored and backed up securely in the

5 original file format.

6   "Physician" means a person licensed to practice medicine

7 in all its branches.

8   "Physician assistant" has the meaning provided in Section

9 4 of the Physician Assistant Practice Act of 1987.

10  "Qualified medical provider" means a board-certified child

11 abuse pediatrician, board-eligible child abuse pediatrician, a

12 sexual assault forensic examiner, or a sexual assault nurse

13 examiner who has access to photo documentation tools, and who

14 participates in peer review.

15  "Registered Professional Nurse" has the meaning provided

16 in Section 50-10 of the Nurse Practice Act.

17  "Sexual assault" means:

18         (1) an act of sexual conduct; as used in this

19  paragraph, "sexual conduct" has the meaning provided under

20  Section 11-0.1 of the Criminal Code of 2012; or

21         (2) any act of sexual penetration; as used in this

22  paragraph, "sexual penetration" has the meaning provided

23  under Section 11-0.1 of the Criminal Code of 2012 and

24  includes, without limitation, acts prohibited under

25  Sections 11-1.20 through 11-1.60 of the Criminal Code of

26  2012.
    SB3506 Enrolled         -7-    LRB104 19574 RLC 33022 b

1   "Sexual assault forensic examiner" means a physician or

2 physician assistant who has completed training that meets or

3 is substantially similar to the Sexual Assault Nurse Examiner

4 Education Guidelines established by the International

5 Association of Forensic Nurses.

6   "Sexual assault nurse examiner" means an advanced practice

7 registered nurse or registered professional nurse who is

8 designated as Adult/Adolescent, Pediatric/Adolescent, or both,

9 according to the population of survivors the nurse is

10 qualified to treat and:

11  (1) is certified as a Sexual Assault Nurse Examiner by

12  the International Association of Forensic Nurses; or

13  (2) has completed training that meets the Sexual

14  Assault Nurse Examiner Education Guidelines established by

15  the International Association of Forensic Nurses and is

16  approved by the Sexual Assault Nurse Examiner Program

17  Coordinator.

18  "Sexual Assault Nurse Examiner Program Coordinator" means

19 an advanced practice registered nurse or a registered

20 professional nurse that is a qualified medical provider, and

21 who is the employee at Attorney General's Office who oversees

22 the Sexual Assault Nurse Examiner Program.

23  "Sexual assault services voucher" means a document

24 generated by a hospital or approved pediatric health care

25 facility where the sexual assault survivor first presents and

26 that may be used to seek payment for any ambulance services, a
    SB3506 Enrolled    -8-       LRB104 19574 RLC 33022 b

1 medical forensic examination, medical care and treatment as

2 defined by 77 Ill. Adm. Code Part 545, laboratory services,

3 pharmacy services, and follow-up healthcare provided as a

4 result of the sexual assault.

5   "Sexual assault survivor" means a person who presents for

6 a medical forensic examination or medical care and treatment

7 in relation to injuries or trauma resulting from a sexual

8 assault.

9   "Sexual assault transfer plan" means a written plan

10 developed by a hospital and approved by the Department, which

11 describes the hospital's procedures for transferring acute

12 sexual assault survivors to another hospital, and an approved

13 pediatric health care facility, if applicable, in order to

14 receive medical forensic examinations performed by qualified

15 medical providers.

16  "Sexual assault treatment plan" means a written plan that

17 describes the procedures and protocols for providing medical

18 forensic examinations to acute sexual assault survivors who

19 present themselves for such services performed by qualified

20 medical providers, either directly or through transfer from a

21 hospital or an approved pediatric health care facility.

22  "TeleSANE Interactive Telecommunications System" has the

23 meaning given to the term "interactive telecommunications

24 system" in Section 5 of the Telehealth Act. As used in this

25 Act, "TeleSANE interactive telecommunications system" does not

26 include an audio-only telephone system.
    SB3506 Enrolled         -9-        LRB104 19574 RLC 33022 b

1   "Trained provider" means a health care professional who is

2 training to become a qualified medical provider and has

3 completed didactic training that has been reviewed and

4 approved by the SANE Program Coordinator at the Attorney

5 General's Office.

6   "Transfer hospital" means a hospital with a sexual assault

7 transfer plan approved by the Department.

8   "Transfer services" means the appropriate medical

9 screening examination and necessary stabilizing treatment

10 prior to the transfer of a sexual assault survivor to another

11 hospital or an approved pediatric health care facility

12 pursuant to a sexual assault treatment plan or areawide sexual

13 assault treatment plan.

14  "Treatment hospital" means a hospital with a sexual

15 assault treatment plan approved by the Department to provide

16 medical forensic examinations to acute sexual assault

17 survivors.

18  "Treatment hospital with approved pediatric transfer"

19 means a hospital with a treatment plan approved by the

20 Department to provide medical forensic examinations to sexual

21 assault survivors 13 years old or older who present with a

22 complaint of acute sexual assault.

23  (b) This Section is effective on and after January 1,

24 2024.

25 (Source: P.A. 103-154, eff. 6-30-23; 104-386, eff. 1-1-26.)
    SB3506 Enrolled  - 10 - LRB104 19574 RLC 33022 b

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

2   Sec. 2. Hospital and approved pediatric health care

3 facility requirements for sexual assault plans.

4   (a) Hospital services for sexual assault survivors. Every

5 hospital required to be licensed by the Department pursuant to

6 the Hospital Licensing Act, or operated under the University

7 of Illinois Hospital Act that provides general medical and

8 surgical hospital services shall provide either: (i) transfer

9 services to all acute sexual assault survivors, (ii) medical

10 forensic examinations to all acute sexual assault survivors,

11 or (iii) transfer services to pediatric acute sexual assault

12 survivors and medical forensic examinations to acute sexual

13 assault survivors 13 years old or older, in accordance with

14 rules adopted by the Department.

15  (b) Hospitals; plan to either treat or transfer acute

16 sexual assault survivors. In addition, every such hospital,

17 regardless of whether or not a request is made for

18 reimbursement, shall submit to the Department a plan to

19 provide either: (i) transfer services to all acute sexual

20 assault survivors, (ii) medical forensic examinations to all

21 acute sexual assault survivors, or (iii) transfer services to

22 pediatric acute sexual assault survivors and medical forensic

23 examinations to acute sexual assault survivors 13 years old or

24 older within the time frame established by the Department. The

25 Department shall approve such plan for either (i) transfer

26 services to all acute sexual assault survivors, (ii) medical
    SB3506 Enrolled  - 11 - LRB104 19574 RLC 33022 b

1 forensic examinations to all acute sexual assault survivors,

2 or (iii) transfer services to pediatric acute sexual assault

3 survivors and medical forensic examinations to acute sexual

4 assault survivors 13 years old or older, if it finds that the

5 implementation of the proposed plan would provide (1) (i)

6 transfer services or (2) (ii) medical forensic examinations

7 for acute sexual assault survivors in accordance with the

8 requirements of this Act and provide sufficient protections

9 from the risk of pregnancy to acute sexual assault survivors.

10  (b-5) Hospitals located near public universities.

11 Hospitals located in counties with a population of less than

12 1,000,000 and within a 20-mile radius of a 4-year public

13 university shall submit an areawide sexual assault treatment

14 plan that is approved by the Department. The approved areawide

15 plan shall include at least one treatment hospital or

16 treatment hospital with approved pediatric transfer within the

17 20-mile radius of the 4-year public university.

18  (c) Treatment hospitals with approved pediatric transfer.

19 A treatment hospital with approved pediatric transfer must

20 submit an areawide treatment plan under Section 3 of this Act

21 that includes a written agreement with a treatment hospital

22 stating that the treatment hospital will provide medical

23 forensic examinations to pediatric sexual assault survivors

24 transferred from the treatment hospital with approved

25 pediatric transfer. The areawide treatment plan may also

26 include an approved pediatric health care facility.
    SB3506 Enrolled        - 12 - LRB104 19574 RLC 33022 b

1   (d) Training requirements for emergency department health

2 care professionals at treatment hospitals and treatment

3 hospitals with approved pediatric transfer. After July 1, 2020

4 or once a treatment hospital or a treatment hospital with

5 approved pediatric transfer certifies compliance with

6 subsection (a-3) of Section 5, whichever occurs first, each

7 treatment hospital and treatment hospital with approved

8 pediatric transfer shall ensure that emergency department

9 physicians, physician assistants, advanced practice registered

10 nurses, and registered professional nurses providing clinical

11 services, who do not meet the definition of a qualified

12 medical provider in Section 1a of this Act, receive a minimum

13 of 2 hours of continuing education on responding to acute

14 sexual assault survivors every 2 years. Protocols for training

15 shall be included in the hospital's sexual assault treatment

16 plan. Sexual assault training provided under this subsection

17 may be provided in person or online and shall include, but not

18 be limited to:

19  (1) information provided on the provision of a medical

20  forensic examination;

21  (2) information on the use of the Illinois State

22  Police Sexual Assault Evidence Collection Kit;

23  (3) information on sexual assault epidemiology,

24  neurobiology of trauma, drug-facilitated sexual assault,

25  child sexual abuse, and Illinois sexual assault-related

26  laws; and
    SB3506 Enrolled  - 13 - LRB104 19574 RLC 33022 b

1   (4) information on the hospital's sexual

2   assault-related policies and procedures. The online

3   training made available by the Office of the Attorney

4   General under subsection (b) of Section 10 may be used to

5   comply with this subsection.

6   (e) Hospital sexual assault transfer plans.

7   (1) A transfer hospital must submit an areawide

8   treatment plan under Section 3 of this Act that includes a

9   written agreement with a treatment hospital stating that

10  the treatment hospital will provide medical forensic

11  examinations to all sexual assault survivors transferred

12  from the transfer hospital. The areawide treatment plan

13  may also include an approved pediatric health care

14  facility.

15  Notwithstanding anything to the contrary in this

16  paragraph, the areawide treatment plan may include a

17  written agreement with a treatment hospital with approved

18  pediatric transfer that is geographically closer than

19  other hospitals providing medical forensic examinations to

20  sexual assault survivors 13 years of age or older stating

21  that the treatment hospital with approved pediatric

22  transfer will provide medical forensic examinations to

23  sexual assault survivors 13 years of age or older who are

24  transferred from the transfer hospital. If the areawide

25  treatment plan includes a written agreement with a

26  treatment hospital with approved pediatric transfer, it
    SB3506 Enrolled     - 14 - LRB104 19574 RLC 33022 b

1   must also include a written agreement with a treatment

2   hospital stating that the treatment hospital will provide

3   medical forensic examinations to sexual assault survivors

4   under 13 years of age who are transferred from the

5   transfer hospital.

6   (2) Notwithstanding anything to the contrary in this

7   subsection, the Department may approve a sexual assault

8   transfer plan for the provision of medical forensic

9   examinations if:

10  (A) (1) a treatment hospital with approved

11  pediatric transfer has agreed, as part of an areawide

12  treatment plan, to accept acute sexual assault

13  survivors 13 years of age or older from the proposed

14  transfer hospital, if the treatment hospital with

15  approved pediatric transfer is geographically closer

16  to the transfer hospital than a treatment hospital or

17  another treatment hospital with approved pediatric

18  transfer and such transfer is not unduly burdensome on

19  the sexual assault survivor; and

20  (B) (2) a treatment hospital has agreed, as a part

21  of an areawide treatment plan, to accept acute sexual

22  assault survivors under 13 years of age from the

23  proposed transfer hospital and transfer to the

24  treatment hospital would not unduly burden the sexual

25  assault survivor.

26  (e-5) Unduly burdensome transfers. The Department may not
    SB3506 Enrolled  - 15 - LRB104 19574 RLC 33022 b

1 approve a sexual assault transfer plan unless a treatment

2 hospital has agreed, as a part of an areawide treatment plan,

3 to accept acute sexual assault survivors from the proposed

4 transfer hospital and a transfer to the treatment hospital

5 would not unduly burden the sexual assault survivor.

6   In determining whether a to approve a sexual assault

7 transfer plan under this subsection, the Department shall

8 evaluate whether the proposed plan would result in unduly

9 burdensome patient transfers. To avoid unduly burdensome

10 patient transfers, the Department shall consider the following

11 factors in approving or denying the proposed sexual assault

12 transfer plan:

13  (1) geographic proximity to the treatment hospital or

14  treatment hospital with approved pediatric transfer, with

15  priority given to sexual assault transfer plans which

16  transfer acute sexual assault survivors to the

17  geographically closest treatment hospital or treatment

18  hospital with approved pediatric transfer that has the

19  capacity to provide ease of transfer to and accept acute

20  sexual assault survivors from the proposed transfer

21  hospital and is willing to provide them medical forensic

22  examinations;

23  (2) the existence of an areawide treatment plan to

24  provide medical forensic examinations to acute sexual

25  assault survivors in the region;

26  (3) the average daily, monthly, and annual number of
    SB3506 Enrolled   - 16 - LRB104 19574 RLC 33022 b

1   sexual assault survivors who presented and received

2   medical forensic examinations;

3   (4) the number of qualified medical providers employed

4   at the hospital;

5   (5) the existence of other agreements between transfer

6   hospitals and other acute care hospitals related to

7   patient referral and transfer, communication, patient

8   medical records, and emergency and non-emergency patient

9   transportation;

10  (6) the number of transfer hospitals with which a

11  treatment hospital has a transfer agreement and its

12  capacity to enter into additional transfer agreements, for

13  which special consideration shall be given to treatment

14  hospitals currently providing medical forensic

15  examinations to acute sexual assault survivors; and

16  (7) the provisions in the plan for initial

17  transportation to the treatment hospital or treatment

18  hospital with approved pediatric transfer, as well as

19  appropriate return transportation, which should include

20  hospital-facilitated and survivor-facilitated options to

21  attempt to minimize survivor wait times while also taking

22  into consideration extenuating factors outside the

23  hospital's control, including, but not limited to, which

24  facility is responsible for arranging transportation,

25  transportation options, and hospital-specific factors

26  influencing survivor wait time, including, but not limited
    SB3506 Enrolled            - 17 - LRB104 19574 RLC 33022 b

1   to, discharge planning and arranging hospital-facilitated

2   transportation in a manner that minimizes the amount of

3   time a survivor waits for transportation under the

4   proposed plan.

5   In approving or denying the proposed sexual assault

6 transfer plan, the Department may also consider other factors,

7 including, but not limited to, hospital capacity, emergency

8 department patient volume, communication, and transportation

9 capacity.

10  Hospitals located in counties with a population of less

11 than 1,000,000 and within a 20-mile radius of a 4-year public

12 university shall submit an areawide sexual assault treatment

13 plan that is approved by the Department. The approved areawide

14 plan shall include at least one treatment hospital or

15 treatment hospital with approved pediatric transfer within the

16 20-mile radius of the 4-year public university.

17  A transfer must be in accordance with federal and State

18 laws and local ordinances.

19  A treatment hospital with approved pediatric transfer must

20 submit an areawide treatment plan under Section 3 of this Act

21 that includes a written agreement with a treatment hospital

22 stating that the treatment hospital will provide medical

23 forensic examinations to pediatric sexual assault survivors

24 transferred from the treatment hospital with approved

25 pediatric transfer. The areawide treatment plan may also

26 include an approved pediatric health care facility.
    SB3506 Enrolled    - 18 - LRB104 19574 RLC 33022 b

1   A transfer hospital must submit an areawide treatment plan

2 under Section 3 of this Act that includes a written agreement

3 with a treatment hospital stating that the treatment hospital

4 will provide medical forensic examinations to all sexual

5 assault survivors transferred from the transfer hospital. The

6 areawide treatment plan may also include an approved pediatric

7 health care facility. Notwithstanding anything to the contrary

8 in this paragraph, the areawide treatment plan may include a

9 written agreement with a treatment hospital with approved

10 pediatric transfer that is geographically closer than other

11 hospitals providing medical forensic examinations to sexual

12 assault survivors 13 years of age or older stating that the

13 treatment hospital with approved pediatric transfer will

14 provide medical forensic examinations to sexual assault

15 survivors 13 years of age or older who are transferred from the

16 transfer hospital. If the areawide treatment plan includes a

17 written agreement with a treatment hospital with approved

18 pediatric transfer, it must also include a written agreement

19 with a treatment hospital stating that the treatment hospital

20 will provide medical forensic examinations to sexual assault

21 survivors under 13 years of age who are transferred from the

22 transfer hospital.

23  Beginning January 1, 2019, each treatment hospital and

24 treatment hospital with approved pediatric transfer shall

25 ensure that emergency department attending physicians,

26 physician assistants, advanced practice registered nurses, and
    SB3506 Enrolled  - 19 - LRB104 19574 RLC 33022 b

1 registered professional nurses providing clinical services,

2 who do not meet the definition of a qualified medical provider

3 in Section 1a of this Act, receive a minimum of 2 hours of

4 sexual assault training by July 1, 2020 or until the treatment

5 hospital or treatment hospital with approved pediatric

6 transfer certifies to the Department, in a form and manner

7 prescribed by the Department, that it employs or contracts

8 with a qualified medical provider in accordance with

9 subsection (a-7) of Section 5, whichever occurs first.

10  After July 1, 2020 or once a treatment hospital or a

11 treatment hospital with approved pediatric transfer certifies

12 compliance with subsection (a-7) of Section 5, whichever

13 occurs first, each treatment hospital and treatment hospital

14 with approved pediatric transfer shall ensure that emergency

15 department attending physicians, physician assistants,

16 advanced practice registered nurses, and registered

17 professional nurses providing clinical services, who do not

18 meet the definition of a qualified medical provider in Section

19 1a of this Act, receive a minimum of 2 hours of continuing

20 education on responding to acute sexual assault survivors

21 every 2 years. Protocols for training shall be included in the

22 hospital's sexual assault treatment plan.

23  Sexual assault training provided under this subsection may

24 be provided in person or online and shall include, but not be

25 limited to:

26  (1) information provided on the provision of a medical
    SB3506 Enrolled        - 20 - LRB104 19574 RLC 33022 b

1   forensic examination;

2   (2) information on the use of the Illinois State

3   Police Sexual 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

11 Attorney General under subsection (b) of Section 10 may be

12 used to comply with this subsection.

13  (e-6) Hospital compliance with plan submission

14 requirements; fines. (a-5) A hospital must submit a plan to

15 provide either (i) transfer services to all acute sexual

16 assault survivors, (ii) medical forensic examinations to all

17 acute sexual assault survivors, or (iii) transfer services to

18 pediatric acute sexual assault survivors and medical forensic

19 examinations to sexual assault survivors 13 years old or older

20 as required in subsection (a) of this Section within 60 days of

21 the Department's request. Failure to submit a plan as

22 described in this subsection shall subject a hospital to the

23 imposition of a fine by the Department. The Department may

24 impose a fine of up to $500 per day until the hospital submits

25 a plan as described in this subsection.

26  (a-10) Upon receipt of a plan as described in this
    SB3506 Enrolled             - 21 - LRB104 19574 RLC 33022 b

1 subsection (a-5), the Department shall notify the hospital

2 whether or not the plan is acceptable. If the Department

3 determines that the plan is unacceptable, the hospital must

4 submit a modified plan within 10 days of service of the

5 notification. If the Department determines that the modified

6 plan is unacceptable, or if the hospital fails to submit a

7 modified plan within 10 days, the Department may impose a fine

8 of up to $500 per day until an acceptable plan has been

9 submitted, as determined by the Department.

10  (e-10) Plans submitted by approved pediatric health care

11 facilities. (b) An approved pediatric health care facility may

12 provide medical forensic examinations, in accordance with

13 rules adopted by the Department, to acute sexual assault

14 survivors under the age of 18 who present for medical forensic

15 examinations in relation to injuries or trauma resulting from

16 a sexual assault. These services shall be provided by a

17 qualified medical provider.

18  A pediatric health care facility must participate in or

19 submit an areawide treatment plan under Section 3 of this Act

20 that includes a treatment hospital. If a pediatric health care

21 facility does not provide certain medical or surgical services

22 that are provided by hospitals, the areawide sexual assault

23 treatment plan must include a procedure for ensuring a sexual

24 assault survivor in need of such medical or surgical services

25 receives the services at the treatment hospital. The areawide

26 treatment plan may also include a treatment hospital with
    SB3506 Enrolled             - 22 - LRB104 19574 RLC 33022 b

1 approved pediatric transfer.

2   The Department shall review a proposed sexual assault

3 treatment plan submitted by a pediatric health care facility

4 within 60 days after receipt of the plan. If the Department

5 finds that the proposed plan meets the minimum requirements

6 set forth in Section 5 of this Act and that implementation of

7 the proposed plan would provide medical forensic examinations

8 for acute sexual assault survivors under the age of 18, then

9 the Department shall approve the plan. If the Department does

10 not approve a plan, then the Department shall notify the

11 pediatric health care facility that the proposed plan has not

12 been approved. The pediatric health care facility shall have

13 30 days to submit a revised plan. The Department shall review

14 the revised plan within 30 days after receipt of the plan and

15 notify the pediatric health care facility whether the revised

16 plan is approved or rejected. A pediatric health care facility

17 may not provide medical forensic examinations to sexual

18 assault survivors under the age of 18 who present with a

19 complaint of acute sexual assault until the Department has

20 approved a treatment plan.

21  If an approved pediatric health care facility is not open

22 24 hours a day, 7 days a week, it shall post signage at each

23 public entrance to its facility that:

24  (1) is at least 14 inches by 14 inches in size;

25  (2) directs those seeking services as follows: "If

26  closed, call 911 for services or go to the closest
    SB3506 Enrolled      - 23 - LRB104 19574 RLC 33022 b

1   hospital emergency department, (insert name) located at

2   (insert address).";

3        (3) lists the approved pediatric health care

4   facility's hours of operation;

5        (4) lists the street address of the building;

6        (5) has a black background with white bold capital

7   lettering in a clear and easy to read font that is at least

8   72-point type, and with "call 911" in at least 125-point

9   type;

10       (6) is posted clearly and conspicuously on or adjacent

11  to the door at each entrance and, if building materials

12  allow, is posted internally for viewing through glass; if

13  posted externally, the sign shall be made of

14  weather-resistant and theft-resistant materials,

15  non-removable, and adhered permanently to the building;

16  and

17       (7) has lighting that is part of the sign itself or is

18  lit with a dedicated light that fully illuminates the

19  sign.

20  A copy of the proposed sign must be submitted to the

21 Department and approved as part of the approved pediatric

22 health care facility's sexual assault treatment plan.

23  (f) Memorandum of understanding with a rape crisis center

24 required. (c) Each treatment hospital, treatment hospital with

25 approved pediatric transfer, and approved pediatric health

26 care facility must enter into a memorandum of understanding
    SB3506 Enrolled        - 24 - LRB104 19574 RLC 33022 b

1 with a rape crisis center for medical advocacy services, if

2 these services are available to the treatment hospital,

3 treatment hospital with approved pediatric transfer, or

4 approved pediatric health care facility. With the consent of

5 the sexual assault survivor, a rape crisis counselor shall

6 remain in the exam room during the collection for forensic

7 evidence.

8   (g) Compliance with mandated reporter laws. (d) Every

9 hospital and approved pediatric health care facility's sexual

10 assault treatment plan or sexual assault transfer plan shall

11 include procedures for complying with mandatory reporting

12 requirements pursuant to (1) the Abused and Neglected Child

13 Reporting Act; (2) the Abused and Neglected Long Term Care

14 Facility Residents Reporting Act; (3) the Adult Protective

15 Services Act; and (4) (iv) the Criminal Identification Act.

16  (h) Data reporting.(e) Each treatment hospital, treatment

17 hospital with approved pediatric transfer, and approved

18 pediatric health care facility shall submit to the Department

19 every 6 months, in a manner prescribed by the Department, the

20 following information:

21  (1) The total number of patients who presented with a

22  complaint of sexual assault.

23  (2) The total number of Illinois State Police Sexual

24  Assault Evidence Collection Kits:

25           (A) offered to (i) all acute sexual assault

26  survivors and (ii) pediatric acute sexual assault
    SB3506 Enrolled       - 25 - LRB104 19574 RLC 33022 b

1   survivors pursuant to paragraph (1.5) of subsection

2   (a-5) of Section 5;

3   (B) completed for (i) all acute sexual assault

4   survivors and (ii) pediatric acute sexual assault

5   survivors; and

6   (C) declined by (i) all acute sexual assault

7   survivors and (ii) pediatric acute sexual assault

8   survivors.

9   This information shall be made available on the

10 Department's website.

11  (i) Use of TeleSANE. Beginning June 1, 2027, a hospital or

12 approved pediatric health care facility may submit, in

13 addition or as an addendum to the sexual assault treatment

14 plan submitted pursuant to this Section or an areawide sexual

15 assault treatment plan pursuant to Section 3 of this Act, a

16 plan for the use of a TeleSANE interactive telecommunications

17 system. A sexual assault treatment plan or areawide sexual

18 assault treatment plan that includes TeleSANE and is approved

19 by the Department allows a qualified medical provider at a

20 distant site to precept medical forensic examinations for

21 sexual assault survivors age 13 years old or older in

22 accordance with this Act and rules established by the

23 Department. A TeleSANE interactive telecommunications system

24 may also be used for contacting an expert for consultation or a

25 second opinion.

26  (i-2) TeleSANE plan requirements. If a sexual assault
    SB3506 Enrolled  - 26 - LRB104 19574 RLC 33022 b

1 treatment plan or areawide treatment plan includes the use of

2 a TeleSANE interactive telecommunications system, then the

3 plan submitted to the Department shall include, at minimum,

4 the following additional information:

5   (1) Hospitals shall submit a plan to provide medical

6   forensic examinations to acute sexual assault survivors 13

7   years old or older while either: (i) transferring

8   pediatric acute sexual assault survivors, or (ii)

9   providing medical forensic examinations without the use of

10  a TeleSANE interactive telecommunications system to

11  pediatric acute sexual assault survivors. Approved

12  pediatric health care facilities shall submit a staffing

13  plan to provide medical forensic examinations to acute

14  sexual assault survivors age 13 years old or older.

15  (2) The plan shall indicate the number of trained

16  providers and distant site qualified medical providers who

17  have met the following training qualifications. Trained

18  providers must complete: (i) didactic training that has

19  been reviewed and approved by the SANE Program Coordinator

20  at the Attorney General's Office; and (ii) at least one

21  medical forensic examination precepted in-person by a

22  qualified medical provider prior to performing medical

23  forensic examinations using a TeleSANE interactive

24  telecommunications system. Training for both originating

25  and distant site health care professionals shall include

26  at least one mock medical forensic examination using the
    SB3506 Enrolled  - 27 - LRB104 19574 RLC 33022 b

1   TeleSANE interactive telecommunications system described

2   in the plan, even if the originating site provider is a

3   qualified medical provider. A mock examination for a

4   trained provider using the TeleSANE interactive

5   communications system must be precepted by a qualified

6   medical provider who attests to the trained provider's

7   ability to perform medical forensic examinations using the

8   TeleSANE interactive communications system. Hospitals and

9   approved pediatric health care facilities are responsible

10  for maintaining accurate records of each trained provider

11  and distant site qualified medical provider who is part of

12  their plan.

13  (3) The plan shall include policies and protocols for

14  selecting specific technology platforms or vendors, a plan

15  for regular technology checks, and protocols in the event

16  of a failure of the TeleSANE interactive

17  telecommunications system.

18  (4) The plan shall include protocols and policies to:

19  (i) maintain a secure network to host the TeleSANE

20  interactive telecommunications system; (ii) protect

21  patient privacy, including at the distant site; and (iii)

22  ensure that medical forensic examinations are not

23  recorded. Delivered services must adhere to all federal

24  and State privacy, security, and confidentiality laws,

25  rules, or regulations, including, but not limited to, the

26  Health Insurance Portability and Accountability Act of
    SB3506 Enrolled       - 28 - LRB104 19574 RLC 33022 b

1   1996 and the Mental Health and Developmental Disabilities

2   Confidentiality Act.

3   (5) A plan to provide a medical forensic examination

4   to an acute sexual assault survivor if the survivor wants

5   evidence collected, but does not consent to the use of a

6   TeleSANE interactive telecommunications system.

7   (6) A plan to educate the community, including local

8   law enforcement and rape crisis advocates, about medical

9   forensic examinations that use a TeleSANE interactive

10  telecommunications system.

11  (i-3) Approval of a TeleSANE plan. The Department shall

12 approve a sexual assault treatment plan or areawide sexual

13 assault treatment plan that includes the use of a TeleSANE

14 interactive telecommunications system if the following

15 requirements are met: (i) a hospital or approved pediatric

16 health care facility submits all information required under

17 subsection (i-2) of this Section, (ii) the Department finds

18 that the sexual assault treatment plan or areawide sexual

19 assault treatment plan complies with the applicable provisions

20 of the Telehealth Act, and (iii) implementation of the sexual

21 assault treatment plan or areawide sexual assault treatment

22 plan would provide appropriately precepted medical forensic

23 examinations for acute sexual assault survivors in accordance

24 with the requirements of this Act and rules adopted by the

25 Department.

26  (j) (f) This Section is effective on and after January 1,
    SB3506 Enrolled     - 29 - LRB104 19574 RLC 33022 b

1 2026.
2 (Source: P.A. 104-386, eff. 1-1-26.)

3   (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)

4   Sec. 5. Minimum requirements for medical forensic

5 examinations provided to sexual assault survivors by hospitals

6 and approved pediatric health care facilities.

7   (a) Staffing requirements. Every hospital and approved

8 pediatric health care facility providing medical forensic

9 examinations to acute sexual assault survivors under this Act

10 shall, as minimum requirements for such services, provide the

11 services set forth in subsection (a-5). A qualified medical

12 provider must provide the services set forth in subsection

13 (a-2) (a-5) as ordered by a physician, an advanced practice

14 registered nurse, or a physician assistant. A medical

15 screening examination shall be performed, prior to a medical

16 forensic examination by a the attending physician, an advanced

17 practice registered nurse, or a physician assistant.

18  (a-2) Medical forensic examinations and related services.

19 (a-5) A treatment hospital, a treatment hospital with approved

20 pediatric transfer, or an approved pediatric health care

21 facility shall provide the following services in accordance

22 with subsections (a), and (b), and (c):

23  (1) Appropriate medical forensic examinations without

24  delay,  in       a  private,            age-appropriate  or

25  developmentally-appropriate space, required to ensure the
    SB3506 Enrolled  - 30 - LRB104 19574 RLC 33022 b

1   health, safety, and welfare of a sexual assault survivor

2   and which may be used as evidence in a criminal proceeding

3   against a person accused of the sexual assault, in a

4   proceeding under the Juvenile Court Act of 1987, or in an

5   investigation under the Abused and Neglected Child

6   Reporting Act.

7   Records of medical forensic examinations, including

8   results of examinations and tests, the Illinois State

9   Police Medical Forensic Documentation Forms, the Illinois

10  State Police Patient Discharge Materials, and the Illinois

11  State Police Patient Consent: Collect and Test Evidence or

12  Collect and Hold Evidence Form, shall be maintained by the

13  hospital or approved pediatric health care facility as

14  part of the patient's electronic medical record.

15  Records of medical forensic examinations of sexual

16  assault survivors under the age of 18 shall be retained by

17  the hospital for a period of 60 years after the sexual

18  assault survivor reaches the age of 18. Records of medical

19  forensic examinations of sexual assault survivors 18 years

20  of age or older shall be retained by the hospital for a

21  period of 20 years after the date the record was created.

22  Records of medical forensic examinations may only be

23  disseminated in accordance with Section 6.5 of this Act

24  and other State and federal law.

25  (2) (1.5) An offer to complete the Illinois State

26  Police Sexual Assault Evidence Collection Kit for any
    SB3506 Enrolled       - 31 - LRB104 19574 RLC 33022 b

1   acute sexual assault survivor. If the offer to complete

2   the Illinois State Police Sexual Assault Evidence

3   Collection Kit is accepted by the survivor, then evidence

4   collection shall be completed based on the qualified

5   medical provider's clinical discretion, best practices for

6   evidence collection, and information provided by the

7   sexual assault survivor. A patient may decline any portion

8   of the Illinois State Police Sexual Assault Evidence Kit,

9   but if any evidence is collected, then that shall

10  constitute evidence collection being completed for the

11  purposes of this Section and subsection (e) of Section 2.

12  Nothing in this Section is intended to prohibit a

13  qualified medical provider from offering, on the

14  provider's own accord or in response to a survivor

15  request, an Illinois State Police Sexual Assault Evidence

16  Collection Kit to a sexual assault survivor who presents

17  at a treatment hospital, treatment hospital with approved

18  pediatric transfer, or approved pediatric health care

19  facility with a nonacute complaint of sexual assault

20  according to the qualified medical provider's clinical

21  discretion based on best practices for indications for

22  evidence collection.

23  (A) Appropriate oral and written information

24  concerning evidence-based guidelines for the

25  appropriateness of evidence collection depending on

26  the sexual development of the sexual assault survivor,
    SB3506 Enrolled  - 32 - LRB104 19574 RLC 33022 b

1   the type of sexual assault, and the timing of the

2   sexual assault shall be provided to the sexual assault

3   survivor.

4   The information required under this subparagraph

5   shall be provided to the sexual assault survivor by a

6   qualified medical provider either in person or via a

7   virtual or telephone consultation.

8   The written information provided shall be the

9   information created in accordance with Section 10 of

10  this Act.

11  (B) A sexual assault nurse examiner conducting an

12  examination using the Illinois State Police Sexual

13  Assault Evidence Collection Kit may do so without the

14  presence or participation of a physician.

15  (3) (2) Appropriate oral and written information

16  concerning the possibility of infection, sexually

17  transmitted infection, including an evaluation of the

18  sexual assault survivor's risk of contracting human

19  immunodeficiency virus (HIV) from sexual assault, and

20  pregnancy resulting from sexual assault.

21  (4) (3) Appropriate oral and written information

22  concerning accepted medical procedures, laboratory tests,

23  medication, and possible contraindications of such

24  medication available for the prevention or treatment of

25  infection or disease resulting from sexual assault.

26  (5) (3.5) After a medical evidentiary or physical
    SB3506 Enrolled  - 33 - LRB104 19574 RLC 33022 b

1   examination, access to a shower at no cost, unless

2   showering facilities are unavailable.

3   (6) (4) An amount of medication, including HIV

4   prophylaxis, for treatment at the hospital or approved

5   pediatric health care facility and after discharge as is

6   deemed appropriate by a the attending physician, an

7   advanced practice registered nurse, or a physician

8   assistant in accordance with the Centers for Disease

9   Control and Prevention guidelines and consistent with the

10  hospital's or approved pediatric health care facility's

11  current approved protocol for sexual assault survivors.

12  (7) (5) Photo documentation of the sexual assault

13  survivor's injuries, anatomy involved in the assault, or

14  other visible evidence on the sexual assault survivor's

15  body to supplement the medical forensic history and

16  written documentation of physical findings and evidence

17  beginning July 1, 2019. Photo documentation does not

18  replace written documentation of the injury.

19  (8) (6) Written and oral instructions indicating the

20  need for follow-up examinations and laboratory tests after

21  the sexual assault to determine the presence or absence of

22  sexually transmitted infection.

23  (9) (7) Referral by hospital or approved pediatric

24  health care facility personnel for appropriate counseling.

25  (10) (8) Medical advocacy services provided by a rape

26  crisis counselor whose communications are protected under
    SB3506 Enrolled         - 34 - LRB104 19574 RLC 33022 b

1   Section 8-802.1 of the Code of Civil Procedure, if there

2   is a memorandum of understanding between the hospital or

3   approved pediatric health care facility and a rape crisis

4   center. With the consent of the sexual assault survivor, a

5   rape crisis counselor shall remain in the exam room during

6   the medical forensic examination.

7   (11) (9) Written information regarding services

8   provided by a Children's Advocacy Center and rape crisis

9   center, if applicable.

10  (12) (10) A treatment hospital, a treatment hospital

11  with approved pediatric transfer, an out-of-state hospital

12  as defined in Section 5.4, or an approved pediatric health

13  care facility shall comply with the rules relating to the

14  collection and tracking of sexual assault evidence adopted

15  by the Illinois State Police under Section 50 of the

16  Sexual Assault Evidence Submission Act.

17  (13) (11) Written information regarding the Illinois

18  State Police sexual assault evidence tracking system.

19  (a-3) 90 minute requirement for qualified medical

20 providers. (a-7) Every hospital with a treatment plan approved

21 by the Department and every approved pediatric health care

22 facility shall employ or contract with a qualified medical

23 provider to initiate a medical forensic examination to a

24 sexual assault survivor within 90 minutes of a concern arising

25 at the hospital or facility of acute sexual assault. The

26 provision of a medical forensic examination by a qualified
    SB3506 Enrolled  - 35 - LRB104 19574 RLC 33022 b

1 medical provider shall not delay the provision of life-saving

2 medical care.

3   (b) Consent to medical forensic examination. Before a

4 medical forensic examination is provided, the decisional

5 capacity of the sexual assault survivor shall be assessed. A

6 sexual assault survivor who lacks decisional capacity cannot

7 consent to a medical forensic examination consent must be

8 obtained in accordance with this Section. Evidence collection

9 shall not be completed without first obtaining consent.

10  (1) Sexual assault survivor determined to have

11  decisional capacity. A medical forensic examination may be

12  provided in accordance with this Section to any Any person

13  able to consent who is a sexual assault survivor who is

14  determined to have decisional capacity seeks a medical

15  forensic examination or follow-up healthcare under this

16  Act shall be provided such services without the consent of

17  any parent, guardian, or power of attorney for health care

18  custodian, surrogate, or agent.

19  (2) The sexual assault survivor is a minor and lacks

20  decisional capacity. If a minor sexual assault survivor

21  under the age of 18 is unable to consent due to lack of

22  decisional capacity, the to a medical forensic

23  examination, the examination may be provided, with: (A)

24  the consent of the survivor's parent, guardian, or health

25  care power of attorney and with the assent of the sexual

26  assault survivor, and (B) consent given by one of the
    SB3506 Enrolled  - 36 - LRB104 19574 RLC 33022 b

1   following authorized decision makers:

2   (i) The survivor's parent.

3   (ii) The survivor's guardian. If a minor is in

4   temporary custody or guardianship of the Department of

5   Children and Family Services pursuant to a court order

6   entered in proceedings occurring under the Juvenile

7   Court Act of 1987, the DCFS Guardianship

8   Administrator,   or  the               DCFS  Guardianship

9   Administrator's authorized agent, may consent to a

10  medical forensic examination under this Act.

11  (iii) The survivor's spouse.

12  (iv) The survivor's power of attorney for health

13  care.

14  If the sexual assault survivor's parent, guardian,

15  spouse, or power of attorney for health care, is

16  unavailable or unwilling to consent to the medical

17  forensic examination, then law enforcement may obtain a

18  search warrant pursuant to Article 108 of the Code of

19  Criminal Procedure of 1963 directing that a medical

20  forensic examination, as defined in Section 1a, be

21  conducted, with the assent of the sexual assault survivor.

22  (3) The sexual assault survivor is an adult and lacks

23  decisional capacity. If an adult sexual assault survivor

24  is unable to consent due to lack of decisional capacity, a

25  medical forensic examination, the examination may be

26  provided, with: (A) the assent of the survivor, and (B)
    SB3506 Enrolled  - 37 - LRB104 19574 RLC 33022 b

1   consent given by one of the following authorized decision

2   makers:

3            (i) The survivor's guardian.

4            (ii) The survivor's spouse.

5            (iii) The survivor's power of attorney for health

6   care.

7   If the survivor's guardian, spouse, or consent of the

8 survivor's guardian or health care power of attorney for

9 health care, is unavailable or unwilling to consent, law

10 enforcement may obtain a search warrant pursuant to Article

11 108 of the Code of Criminal Procedure of 1963 directing that a

12 medical forensic examination, as defined in Section 1a, be

13 conducted and with the assent of the sexual assault survivor.

14  (b-2) Treatment of unconscious patients. Notwithstanding

15 any other provision of the law, a medical forensic examination

16 may be administered to an unconscious patient, without their

17 assent, if the following conditions are met: (i) the qualified

18 medical provider, in accordance with subsection (a),

19 determines there is reasonable suspicion of sexual assault;

20 (ii) consent cannot be obtained under the circumstances,

21 including when evidence may be lost; and (iii) based on the

22 clinical judgment of a qualified medical provider, in

23 accordance with subsection (a), the unconscious patient is not

24 expected to regain consciousness within the recommended window

25 for evidence collection for acute sexual assault. If these

26 conditions are met, written authorization for a medical
    SB3506 Enrolled  - 38 - LRB104 19574 RLC 33022 b

1 forensic examination to be performed on an unconscious patient

2 may be provided by a qualified medical provider and a second

3 health care professional, who may be a physician, advanced

4 practice registered nurse, or physician assistant.

5   (c) Consent to follow-up health care.

6   (1) Adult survivors. Any adult sexual assault survivor

7   who is determined to have decisional capacity may consent

8   to follow-up health care.

9   (2) Minor survivors. Follow-up health care for minors

10  shall be provided in accordance with the Consent by Minors

11  to Health Care Services Act.

12  (d) Vouchers. (b-5) Every hospital or approved pediatric

13 health care facility providing medical forensic examinations

14 to acute sexual assault survivors shall issue a voucher to any

15 sexual assault survivor who is eligible to receive one in

16 accordance with Section 5.2 of this Act. The hospital or

17 approved pediatric health care facility shall make a copy of

18 the voucher and place it in the medical record of the sexual

19 assault survivor. The hospital or approved pediatric health

20 care facility shall provide a copy of the voucher to the sexual

21 assault survivor after discharge upon request.

22  (e) Limitation of physician-patient relationship after

23 discharge. (c) Nothing in this Section creates a

24 physician-patient relationship that extends beyond discharge

25 from the hospital or approved pediatric health care facility.

26  (f) Liability. Any health care professional or health care
    SB3506 Enrolled       - 39 - LRB104 19574 RLC 33022 b

1 institution, including any hospital or approved pediatric

2 health care facility, who, in good faith, acts with due care in

3 accordance with this Section is immune to: (i) any civil or

4 other claim based on lack of consent; (ii) any criminal

5 prosecution; or (iii) discipline for unprofessional conduct.

6   (g) (d) This Section is effective on and after January 1,

7 2024.

8 (Source: P.A. 104-386, eff. 1-1-26.)

9   (410 ILCS 70/6.5)

10  Sec. 6.5. Written consent to the release of sexual assault

11 evidence for testing.

12  (a) Upon the completion of a medical forensic examination,

13 the health care professional providing the medical forensic

14 examination shall provide the patient the opportunity to sign

15 a written consent to allow law enforcement to submit the

16 sexual assault evidence for testing, if collected. The written

17 consent shall be on a form included in the sexual assault

18 evidence collection kit and posted on the Illinois State

19 Police website. The consent form shall include whether the

20 survivor consents to the release of information about the

21 sexual assault to law enforcement. A sexual assault survivor

22 who lacks decisional capacity cannot provide consent under

23 this Section.

24       (1) The sexual assault survivor is determined to have

25  decisional capacity. A sexual assault survivor who is
    SB3506 Enrolled        - 40 - LRB104 19574 RLC 33022 b

1   determined to have decisional capacity A survivor 13 years

2   of age or older may sign the written consent to release the

3   evidence for testing.

4   (2) The sexual assault survivor is a minor and lacks

5   decisional capacity. If the survivor is a minor who lacks

6   decisional capacity is under 13 years of age, the written

7   consent to release the sexual assault evidence for testing

8   may be signed by the sexual assault survivor's parent;,

9   guardian; spouse, if married; or , or agent acting under a

10  health care power of attorney for health care. If a

11  parent, guardian, spouse, or health care power of attorney

12  for health care is not available or unwilling to release

13  evidence, then a State's Attorney acting in his or her

14  capacity to investigate or prosecute a violation of the

15  criminal laws of this State, or the Attorney General,

16  acting in his or her capacity to investigate or prosecute

17  a violation of the criminal laws of this State, may

18  petition the court to authorize its release for testing.

19  Hearings on such petitions shall be ex parte and not

20  require notice to, nor the appearance in court, of any

21  other party. Any such petition shall state why there is

22  reasonable suspicion to believe that:

23  (i) the sexual assault survivor is a minor and

24  cannot consent to the release of evidence for testing;

25  (ii) a medical forensic examination was provided

26  to such minor;
    SB3506 Enrolled  - 41 - LRB104 19574 RLC 33022 b

1   (iii) such medical forensic examination resulted

2   in the collection of evidence from such minor which

3   could lead to the identification of the perpetrator of

4   the sexual assault or sexual abuse; and

5   (iv) reasonable efforts have been made to obtain

6   written consent for the release of said evidence from

7   a parent, guardian, spouse, or power of attorney for

8   health care, but they were unavailable or unwilling to

9   release the evidence for testing.

10  (3) The sexual assault survivor is an adult and lacks

11  decisional capacity. If the survivor is an adult who lacks

12  decisional capacity, the written consent to release the

13  sexual assault evidence for testing may be signed by the

14  sexual assault survivor's guardian; spouse, if married; or

15  has a guardian of the person, a health care surrogate, or

16  an agent acting under a health care power of attorney for

17  health care. , the consent of the guardian, surrogate, or

18  agent is not required to release evidence and information

19  concerning the sexual assault or sexual abuse. If the

20  adult is unable to provide

21  If a guardian, spouse, or power of attorney for health

22  care is unavailable or unwilling to release the

23  information, then a State's Attorney, acting in his or her

24  capacity to investigate or prosecute a violation of the

25  criminal laws of this state, or the Attorney General,

26  having assumed the role of criminal prosecutor for such
    SB3506 Enrolled  - 42 - LRB104 19574 RLC 33022 b

1   matters, may petition the court to authorize its release

2   for testing. Hearings on such petitions shall be ex parte

3   and not require notice to, nor the appearance in court, of

4   any other party. Any such petition shall state why there

5   is reasonable suspicion to believe that:

6   (i) the sexual assault survivor is unable to

7   consent to the release of the evidence for testing;

8   (ii) a medical forensic examination was provided

9   to such sexual assault survivor;

10  (iii) such medical forensic examination resulted

11  in the collection of evidence from such sexual assault

12  survivor which could lead to the identification of the

13  perpetrator of the sexual assault or sexual abuse; and

14  (iv) reasonable efforts have been made to obtain

15  written consent for the release of said evidence from

16  and information and a guardian, spouse surrogate, or

17  agent under a health care power of attorney for health

18  care, but they were is unavailable or unwilling to

19  release the evidence for testing information, then an

20  investigating law enforcement officer may authorize

21  the release.

22  (b) With the exception of willful or wanton misconduct,

23 any (4) Any health care professional or health care

24 institution, including any hospital or approved pediatric

25 health care facility, who provides evidence or information to

26 a law enforcement officer under a written consent as specified
    SB3506 Enrolled         - 43 - LRB104 19574 RLC 33022 b

1 in this Section is immune from any civil, or professional, or

2 other liability or actions that might arise from those

3 actions, with the exception of willful or wanton misconduct.

4 The immunity provision applies only if all of the requirements

5 of this Section are met.

6   (c) (b) The hospital or approved pediatric health care

7 facility shall keep a copy of a signed or unsigned written

8 consent form in the patient's medical record.

9   (d) (c) If a written consent to allow law enforcement to

10 hold the sexual assault evidence is signed at the completion

11 of the medical forensic examination, the hospital or approved

12 pediatric health care facility shall include the following

13 information in its discharge instructions:

14  (1) the sexual assault evidence will be stored for 10

15  years from the completion of an Illinois State Police

16  Sexual Assault Evidence Collection Kit, or 10 years from

17  the age of 18 years, whichever is longer;

18  (2) a person authorized to consent to the testing of

19  the sexual assault evidence may sign a written consent to

20  allow law enforcement to test the sexual assault evidence

21  at any time during that 10-year period for an adult

22  victim, or until a minor victim turns 28 years of age by

23  (A) contacting the law enforcement agency having

24  jurisdiction, or if unknown, the law enforcement agency

25  contacted by the hospital or approved pediatric health

26  care facility under Section 3.2 of the Criminal
    SB3506 Enrolled          - 44 - LRB104 19574 RLC 33022 b

1   Identification Act; or (B) by working with an advocate at

2   a rape crisis center;

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

4   enforcement agency having jurisdiction, or if unknown the

5   name, address, and phone number of the law enforcement

6   agency contacted by the hospital or approved pediatric

7   health care facility under Section 3.2 of the Criminal

8   Identification Act; and

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

10  center.

11  (e) (d) This Section is effective on and after January 1,

12 2024.

13 (Source: P.A. 104-386, eff. 1-1-26.)

14  Section 10. The Juvenile Court Act of 1987 is amended by

15 changing Section 5-905 as follows:

16  (705 ILCS 405/5-905)

17  Sec. 5-905. Law enforcement records.

18  (1) Law Enforcement Records. Inspection and copying of law

19 enforcement records maintained by law enforcement agencies

20 that relate to a minor who has been investigated, arrested, or

21 taken into custody before the minor's 18th birthday shall be

22 restricted to the following and when necessary for the

23 discharge of their official duties:

24        (a) A judge of the circuit court and members of the
    SB3506 Enrolled           - 45 - LRB104 19574 RLC 33022 b

1   staff of the court designated by the judge;

2   (b) Law enforcement officers, probation officers or

3   prosecutors or their staff, or, when necessary for the

4   discharge of its official duties in connection with a

5   particular investigation of the conduct of a law

6   enforcement officer, an independent agency or its staff

7   created by ordinance and charged by a unit of local

8   government with the duty of investigating the conduct of

9   law enforcement officers;

10  (c) The minor, the minor's parents or legal guardian

11  and their attorneys, but only when the juvenile has been

12  charged with an offense;

13  (d) Adult and Juvenile Prisoner Review Boards;

14  (e) Authorized military personnel;

15  (f) Persons engaged in bona fide research, with the

16  permission of the judge of juvenile court and the chief

17  executive of the agency that prepared the particular

18  recording: provided that publication of such research

19  results in no disclosure of a minor's identity and

20  protects the confidentiality of the record;

21  (g) Individuals responsible for supervising or

22  providing temporary or permanent care and custody of

23  minors pursuant to orders of the juvenile court or

24  directives from officials of the Department of Children

25  and Family Services or the Department of Human Services

26  who certify in writing that the information will not be
    SB3506 Enrolled     - 46 - LRB104 19574 RLC 33022 b

1   disclosed to any other party except as provided under law

2   or order of court;

3   (h) The appropriate school official only if the agency

4   or officer believes that there is an imminent threat of

5   physical harm to students, school personnel, or others who

6   are present in the school or on school grounds.

7   (A) Inspection and copying shall be limited to

8   law enforcement records transmitted to the appropriate

9   school official or officials whom the school has

10  determined to have a legitimate educational or safety

11  interest by a local law enforcement agency under a

12  reciprocal reporting system established and maintained

13  between the school district and the local law

14  enforcement agency under Section 10-20.14 of the

15  School Code concerning a minor enrolled in a school

16  within the school district who has been arrested or

17  taken into custody for any of the following offenses:

18                   (i) any violation of Article 24 of the

19  Criminal Code of 1961 or the Criminal Code of

20  2012;

21                   (ii) a violation of the Illinois Controlled

22  Substances Act;

23                   (iii) a violation of the Cannabis Control Act;

24                   (iv) a forcible felony as defined in Section

25  2-8 of the Criminal Code of 1961 or the Criminal

26  Code of 2012;
    SB3506 Enrolled  - 47 - LRB104 19574 RLC 33022 b

1                    (v) a violation of the Methamphetamine Control

2   and Community Protection Act;

3                    (vi) a violation of Section 1-2 of the

4   Harassing and Obscene Communications Act;

5                    (vii) a violation of the Hazing Act; or

6                    (viii) a violation of Section 12-1, 12-2,

7   12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,

8   12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the

9   Criminal Code of 1961 or the Criminal Code of

10  2012.

11  The information derived from the law enforcement

12  records shall be kept separate from and shall not

13  become a part of the official school record of that

14  child and shall not be a public record. The

15  information shall be used solely by the appropriate

16  school official or officials whom the school has

17  determined to have a legitimate educational or safety

18  interest to aid in the proper rehabilitation of the

19  child and to protect the safety of students and

20  employees in the school. If the designated law

21  enforcement and school officials deem it to be in the

22  best interest of the minor, the student may be

23  referred to in-school or community based social

24  services if those services are available.

25  "Rehabilitation services" may include interventions by

26  school support personnel, evaluation for eligibility
    SB3506 Enrolled  - 48 - LRB104 19574 RLC 33022 b

1   for special education, referrals to community-based

2   agencies such as youth services, behavioral healthcare

3   service providers, drug and alcohol prevention or

4   treatment programs, and other interventions as deemed

5   appropriate for the student.

6   (B) Any information provided to appropriate school

7   officials whom the school has determined to have a

8   legitimate educational or safety interest by local law

9   enforcement officials about a minor who is the subject

10  of a current police investigation that is directly

11  related to school safety shall consist of oral

12  information only, and not written law enforcement

13  records, and shall be used solely by the appropriate

14  school official or officials to protect the safety of

15  students and employees in the school and aid in the

16  proper rehabilitation of the child. The information

17  derived orally from the local law enforcement

18  officials shall be kept separate from and shall not

19  become a part of the official school record of the

20  child and shall not be a public record. This

21  limitation on the use of information about a minor who

22  is the subject of a current police investigation shall

23  in no way limit the use of this information by

24  prosecutors in pursuing criminal charges arising out

25  of the information disclosed during a police

26  investigation of the minor. For purposes of this
    SB3506 Enrolled  - 49 - LRB104 19574 RLC 33022 b

1   paragraph, "investigation" means an official

2   systematic inquiry by a law enforcement agency into

3   actual or suspected criminal activity;

4   (i) The president of a park district. Inspection and

5   copying shall be limited to law enforcement records

6   transmitted to the president of the park district by the

7   Illinois State Police under Section 8-23 of the Park

8   District Code or Section 16a-5 of the Chicago Park

9   District Act concerning a person who is seeking employment

10  with that park district and who has been adjudicated a

11  juvenile delinquent for any of the offenses listed in

12  subsection (c) of Section 8-23 of the Park District Code

13  or subsection (c) of Section 16a-5 of the Chicago Park

14  District Act; .

15  (j) Victims and their attorneys, except in cases of

16  multiple minor victims or multiple victims of sex offenses

17  in which case the information identifying the

18  nonrequesting victims shall be redacted.

19  (2) Information identifying victims and alleged victims of

20 sex offenses, shall not be disclosed or open to public

21 inspection under any circumstances. Nothing in this Section

22 shall prohibit the victim or alleged victim of any sex offense

23 from voluntarily disclosing this identity.

24  (2.5) If the minor is a victim of aggravated battery,

25 battery, attempted first degree murder, or other non-sexual

26 violent offense, the identity of the victim may be disclosed
    SB3506 Enrolled  - 50 - LRB104 19574 RLC 33022 b

1 to appropriate school officials, for the purpose of preventing

2 foreseeable future violence involving minors, by a local law

3 enforcement agency pursuant to an agreement established

4 between the school district and a local law enforcement agency

5 subject to the approval by the presiding judge of the juvenile

6 court.

7   (3) Relevant information, reports and records shall be

8 made available to the Department of Juvenile Justice when a

9 juvenile offender has been placed in the custody of the

10 Department of Juvenile Justice.

11  (4) Nothing in this Section shall prohibit the inspection

12 or disclosure to victims and witnesses of photographs

13 contained in the records of law enforcement agencies when the

14 inspection or disclosure is conducted in the presence of a law

15 enforcement officer for purposes of identification or

16 apprehension of any person in the course of any criminal

17 investigation or prosecution.

18  (5) The records of law enforcement officers, or of an

19 independent agency created by ordinance and charged by a unit

20 of local government with the duty of investigating the conduct

21 of law enforcement officers, concerning all minors under 18

22 years of age must be maintained separate from the records of

23 adults and may not be open to public inspection or their

24 contents disclosed to the public except by order of the court

25 or when the institution of criminal proceedings has been

26 permitted under Section 5-130 or 5-805 or required under
    SB3506 Enrolled          - 51 - LRB104 19574 RLC 33022 b

1 Section 5-130 or 5-805 or such a person has been convicted of a

2 crime and is the subject of pre-sentence investigation or when

3 provided by law.

4   (6) Except as otherwise provided in this subsection (6),

5 law enforcement officers, and personnel of an independent

6 agency created by ordinance and charged by a unit of local

7 government with the duty of investigating the conduct of law

8 enforcement officers, may not disclose the identity of any

9 minor in releasing information to the general public as to the

10 arrest, investigation or disposition of any case involving a

11 minor. Any victim or parent or legal guardian of a victim may

12 petition the court to disclose the name and address of the

13 minor and the minor's parents or legal guardian, or both. Upon

14 a finding by clear and convincing evidence that the disclosure

15 is either necessary for the victim to pursue a civil remedy

16 against the minor or the minor's parents or legal guardian, or

17 both, or to protect the victim's person or property from the

18 minor, then the court may order the disclosure of the

19 information to the victim or to the parent or legal guardian of

20 the victim only for the purpose of the victim pursuing a civil

21 remedy against the minor or the minor's parents or legal

22 guardian, or both, or to protect the victim's person or

23 property from the minor.

24  (7) Nothing contained in this Section shall prohibit law

25 enforcement agencies when acting in their official capacity

26 from communicating with each other by letter, memorandum,
    SB3506 Enrolled  - 52 - LRB104 19574 RLC 33022 b

1 teletype or intelligence alert bulletin or other means the

2 identity or other relevant information pertaining to a person

3 under 18 years of age. The information provided under this

4 subsection (7) shall remain confidential and shall not be

5 publicly disclosed, except as otherwise allowed by law.

6   (8) No person shall disclose information under this

7 Section except when acting in the person's official capacity

8 and as provided by law or order of court.

9   (9) The changes made to this Section by Public Act 98-61

10 apply to law enforcement records of a minor who has been

11 arrested or taken into custody on or after January 1, 2014 (the

12 effective date of Public Act 98-61).

13  (10) Nothing contained in this Section shall prohibit law

14 enforcement agencies from disclosing law enforcement reports

15 and records to the Attorney General for the purposes of

16 complying with the Crime Victims Compensation Act.

17 (Source: P.A. 103-22, eff. 8-8-23; 103-1037, eff. 8-9-24.)

18  Section 15. The Rights of Crime Victims and Witnesses Act

19 is amended by changing Sections 3, 4, 4.5, and 8.5 as follows:

20  (725 ILCS 120/3) (from Ch. 38, par. 1403)

21  Sec. 3. The terms used in this Act shall have the following

22 meanings:

23  (a) "Crime victim" or "victim" means: (1) any natural

24 person determined by the prosecutor or the court to have
    SB3506 Enrolled  - 53 - LRB104 19574 RLC 33022 b

1 suffered direct physical or psychological harm as a result of

2 a violent crime perpetrated or attempted against that person

3 or direct physical or psychological harm as a result of (i) a

4 violation of Section 11-501 of the Illinois Vehicle Code or

5 similar provision of a local ordinance or (ii) a violation of

6 Section 9-3 of the Criminal Code of 1961 or the Criminal Code

7 of 2012; (2) in the case of a crime victim who is under 18

8 years of age or an adult victim who is incompetent or

9 incapacitated, both parents, legal guardians, foster parents,

10 or a single adult representative; (3) in the case of an adult

11 deceased victim, 2 representatives who may be the spouse,

12 parent, child or sibling of the victim, or the representative

13 of the victim's estate; and (4) an immediate family member of a

14 victim under clause (1) of this paragraph (a) chosen by the

15 victim. If the victim is 18 years of age or over, the victim

16 may choose any person to be the victim's representative. In no

17 event shall the defendant or any person who aided and abetted

18 in the commission of the crime be considered a victim, a crime

19 victim, or a representative of the victim.

20  A board, agency, or other governmental entity making

21 decisions regarding an offender's release, sentence reduction,

22 or clemency can determine additional persons are victims for

23 the purpose of its proceedings.

24  (a-3) "Advocate" means a person whose communications with

25 the victim are privileged under Section 8-802.1 or 8-802.2 of

26 the Code of Civil Procedure, or Section 227 of the Illinois
    SB3506 Enrolled      - 54 - LRB104 19574 RLC 33022 b

1 Domestic Violence Act of 1986.

2   (a-5) "Confer" means to consult together, share

3 information, compare opinions and carry on a discussion or

4 deliberation.

5   (a-6) "DNA database" means a collection of DNA profiles

6 from forensic casework or specimens from anonymous,

7 identified, and unidentified sources that is created to search

8 DNA records against each other to develop investigative leads

9 among forensic cases.

10  (a-7) "Sentence" includes, but is not limited to, the

11 imposition of sentence, a request for a reduction in sentence,

12 parole, mandatory supervised release, aftercare release, early

13 release, inpatient treatment, outpatient treatment,

14 conditional release after a finding that the defendant is not

15 guilty by reason of insanity, clemency, or a proposal that

16 would reduce the defendant's sentence or result in the

17 defendant's release. "Early release" refers to a discretionary

18 release.

19  (a-9) "Sentencing" includes, but is not limited to, the

20 imposition of sentence and a request for a reduction in

21 sentence, parole, mandatory supervised release, aftercare

22 release, early release, consideration of inpatient treatment

23 or outpatient treatment, or conditional release after a

24 finding that the defendant is not guilty by reason of

25 insanity.

26  (a-10) "Status hearing" means a hearing designed to
   SB3506 Enrolled  - 55 - LRB104 19574 RLC 33022 b

1 provide information to the court, at which no motion of a

2 substantive nature and no constitutional or statutory right of

3 a crime victim is implicated or at issue.

4  (b) "Witness" means: any person who personally observed

5 the commission of a crime and who will testify on behalf of the

6 State of Illinois; or a person who will be called by the

7 prosecution to give testimony establishing a necessary nexus

8 between the offender and the violent crime.

9  (c) "Violent crime" means: (1) any felony in which force

10 or threat of force was used against the victim; (2) any offense

11 involving sexual exploitation, sexual conduct, or sexual

12 penetration; (3) a violation of Section 11-20.1, 11-20.1B,

13 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the

14 Criminal Code of 2012; (4) domestic battery or stalking; (5)

15 violation of an order of protection, a civil no contact order,

16 or a stalking no contact order; (6) any misdemeanor which

17 results in death or great bodily harm to the victim; or (7) any

18 violation of Section 9-3 of the Criminal Code of 1961 or the

19 Criminal Code of 2012, or Section 11-501 of the Illinois

20 Vehicle Code, or a similar provision of a local ordinance, if

21 the violation resulted in personal injury or death. "Violent

22 crime" includes any action committed by a juvenile that would

23 be a violent crime if committed by an adult. For the purposes

24 of this paragraph, "personal injury" shall include any Type A

25 injury as indicated on the traffic crash report completed by a

26 law enforcement officer that requires immediate professional
   SB3506 Enrolled  - 56 - LRB104 19574 RLC 33022 b

1 attention in either a doctor's office or medical facility. A

2 type A injury shall include severely bleeding wounds,

3 distorted extremities, and injuries that require the injured

4 party to be carried from the scene.

5  (d) (Blank).

6  (e) "Court proceedings" includes, but is not limited to,

7 the preliminary hearing, any post-arraignment hearing the

8 effect of which may be the release of the defendant from

9 custody or to alter the conditions of pretrial release,

10 including determinations made under subsection (g) or (j) of

11 Section 110-6 of the Code of Criminal Procedure of 1963,

12 change of plea hearing, the trial, any pretrial or post-trial

13 hearing, sentencing, any oral argument or hearing before an

14 Illinois appellate court, any hearing under the Mental Health

15 and Developmental Disabilities Code or Section 5-2-4 of the

16 Unified Code of Corrections after a finding that the defendant

17 is not guilty by reason of insanity, including a hearing for

18 conditional release, any hearing related to a modification of

19 sentence, probation revocation hearing, aftercare release or

20 parole hearings, post-conviction relief proceedings, habeas

21 corpus proceedings and clemency proceedings related to the

22 defendant's conviction or sentence. For purposes of the

23 victim's right to be present, "court proceedings" does not

24 include (1) grand jury proceedings, (2) status hearings, or

25 (3) the issuance of an order or decision of an Illinois court

26 that dismisses a charge, reverses a conviction, reduces a
    SB3506 Enrolled   - 57 - LRB104 19574 RLC 33022 b

1 sentence, or releases an offender under a court rule.

2   (f) "Concerned citizen" includes relatives of the victim,

3 friends of the victim, witnesses to the crime, or any other

4 person associated with the victim or prisoner.

5   (g) "Victim's attorney" means an attorney retained by the

6 victim for the purposes of asserting the victim's

7 constitutional and statutory rights. An attorney retained by

8 the victim means an attorney who is hired to represent the

9 victim at the victim's expense or an attorney who has agreed to

10 provide pro bono representation. Nothing in this statute

11 creates a right to counsel at public expense for a victim.

12  (h) "Support person" means a person chosen by a victim to

13 be present at court proceedings.

14 (Source: P.A. 103-792, eff. 1-1-25; 104-173, eff. 1-1-26.)

15  (725 ILCS 120/4)

16  Sec. 4. Rights of crime victims.

17  (a) Crime victims shall have the following rights:

18  (1) The right to be treated with fairness and respect

19  for their dignity and privacy and to be free from

20  harassment, intimidation, and abuse throughout the

21  criminal justice process.

22  (1.1) (Blank). When a person reports being a crime

23  victim as defined in Section 3, the right to be treated

24  with fairness and respect during the investigatory

25  process, including the right to be free from deception,
    SB3506 Enrolled  - 58 - LRB104 19574 RLC 33022 b

1   which is the knowing communication of false facts about

2   evidence.

3   (1.5) The right to notice and to a hearing before a

4   court ruling on a request for access to any of the victim's

5   records, information, or communications which are

6   privileged or confidential by law.

7   (1.6) (Blank). Except as otherwise provided in Section

8   9.5 of the Criminal Identification Act or Section 3-3013

9   of the Counties Code, whenever a person's DNA profile is

10  collected due to the person being a victim of a crime, as

11  identified by law enforcement, that specific profile

12  collected in conjunction with that criminal investigation

13  shall not be entered into any DNA database. Nothing in

14  this paragraph (1.6) shall be interpreted to contradict

15  rules and regulations developed by the Federal Bureau of

16  Investigation relating to the National DNA Index System or

17  Combined DNA Index System.

18  (2) The right to timely notification of all court

19  proceedings. Timely notification shall include 7 days'

20  notice of all court proceedings.

21  (3) The right to communicate with the prosecution.

22  (4) The right to be heard at any post-arraignment

23  court proceeding in which a right of the victim is at issue

24  and any court proceeding involving a post-arraignment

25  release decision, plea, or sentencing.

26  (5) The right to be notified of the conviction, the
    SB3506 Enrolled  - 59 - LRB104 19574 RLC 33022 b

1   sentence, the imprisonment, and the release of the

2   accused.

3   (6) The right to the timely disposition of the case

4   following the arrest of the accused.

5   (7) The right to be reasonably protected from the

6   accused through the criminal justice process.

7   (7.5) The right to have the safety of the victim and

8   the victim's family considered in determining whether to

9   release the defendant and setting conditions of release

10  after arrest and conviction.

11  (8) The right to be present at the trial and all other

12  court proceedings on the same basis as the accused, unless

13  the victim is to testify and the court determines that the

14  victim's testimony would be materially affected if the

15  victim hears other testimony at the trial.

16  (9) The right to have present at all court

17  proceedings, including proceedings under the Juvenile

18  Court Act of 1987, subject to the rules of evidence, an

19  advocate and other support person of the victim's choice.

20  (10) The right to restitution.

21  (b) Any law enforcement agency that investigates an

22 offense committed in this State shall provide a crime victim

23 with a written statement and explanation of the rights of

24 crime victims under Public Act 99-413 this amendatory Act of

25 the 99th General Assembly within 48 hours of law enforcement's

26 initial contact with a victim. The statement shall include
    SB3506 Enrolled  - 60 - LRB104 19574 RLC 33022 b

1 information about crime victim compensation, including how to

2 contact the Office of the Illinois Attorney General to file a

3 claim, and appropriate referrals to local and State programs

4 that provide victim services. The content of the statement

5 shall be provided to law enforcement by the Attorney General.

6 Law enforcement shall also provide a crime victim with a

7 sign-off sheet that the victim shall sign and date as an

8 acknowledgement that he or she has been furnished with

9 information and an explanation of the rights of crime victims

10 and compensation set forth in this Act.

11  (b-5) Upon the request of the victim, the law enforcement

12 agency having jurisdiction shall provide a free copy of the

13 police report concerning the victim's incident, as soon as

14 practicable, but in no event later than 5 business days from

15 the request. Nothing in this subsection shall be interpreted

16 to contradict the requirements of the Juvenile Court Act of

17 1987.

18  (c) The Clerk of the Circuit Court shall post the rights of

19 crime victims set forth in Article I, Section 8.1(a) of the

20 Illinois Constitution and subsection (a) of this Section

21 within 3 feet of the door to any courtroom where criminal

22 proceedings are conducted. The clerk may also post the rights

23 in other locations in the courthouse.

24  (d) At any point, the victim has the right to retain a

25 victim's attorney who may be present during all stages of any

26 interview, investigation, or other interaction with
    SB3506 Enrolled     - 61 - LRB104 19574 RLC 33022 b

1 representatives of the criminal justice system. Treatment of
2 the victim should not be affected or altered in any way as a
3 result of the victim's decision to exercise this right.
4 (Source: P.A. 103-792, eff. 1-1-25; 104-173, eff. 1-1-26;
5 104-326, eff. 1-1-26; revised 11-21-25.)

6   (725 ILCS 120/4.5)

7   Sec. 4.5. Procedures to implement the rights of crime

8 victims. To afford crime victims their rights, law

9 enforcement, prosecutors, judges, and corrections will provide

10 information, as appropriate, of the following procedures:

11  (a) At the request of the crime victim, law enforcement

12 authorities investigating the case shall provide notice of the

13 status of the investigation, except where the State's Attorney

14 determines that disclosure of such information would

15 unreasonably interfere with the investigation, until such time

16 as the alleged assailant is apprehended or the investigation

17 is closed.

18  When a person reports being a crime victim, as defined in

19 Section 3, the person shall have the right to be treated with

20 fairness and respect during the investigatory process,

21 including the right to be free from deception, which is the

22 knowing communication of false facts about evidence.

23  (a-5) When law enforcement authorities reopen a closed

24 case to resume investigating, they shall provide notice of the

25 reopening of the case, except where the State's Attorney
    SB3506 Enrolled  - 62 - LRB104 19574 RLC 33022 b

1 determines that disclosure of such information would

2 unreasonably interfere with the investigation.

3   (a-6) The Prisoner Review Board shall publish on its

4 official public website and provide to registered victims

5 information regarding how to submit a victim impact statement.

6 The Prisoner Review Board shall consider victim impact

7 statements from any registered victims. Any registered victim,

8 including a person who has had a final, plenary,

9 non-emergency, or emergency protective order granted against

10 the petitioner or parole candidate under Article 112A of the

11 Code of Criminal Procedure of 1963, the Illinois Domestic

12 Violence Act of 1986, the Stalking No Contact Order Act, or the

13 Civil No Contact Order Act, may present victim statements that

14 the Prisoner Review Board shall consider in its deliberations.

15  (b) The office of the State's Attorney:

16  (1) shall provide notice of the filing of an

17  information, the return of an indictment, or the filing of

18  a petition to adjudicate a minor as a delinquent for a

19  violent crime;

20  (2) shall provide 7 days' notice of the date, time,

21  expected purpose, and place of court proceedings; of any

22  change in the date, time, expected purpose, and place of

23  court proceedings; and of any cancellation of court

24  proceedings. For preliminary hearings and hearings

25  regarding pretrial release or that alter the conditions of

26  pretrial release only, if giving the victim 7 days' notice
    SB3506 Enrolled  - 63 - LRB104 19574 RLC 33022 b

1   is impossible, fewer days may be timely, so long as the

2   notice is provided as soon as practicable and in advance

3   of the proceeding. Notice shall be provided in sufficient

4   time, wherever possible, for the victim to make

5   arrangements to attend or to prevent an unnecessary

6   appearance at court proceedings;

7   (3) or victim advocate personnel shall provide

8   information of social services and financial assistance

9   available for victims of crime, including information of

10  how to apply for these services and assistance;

11  (3.5) or victim advocate personnel shall provide

12  information about available victim services, including

13  referrals to programs, counselors, and agencies that

14  assist a victim to deal with trauma, loss, and grief;

15  (4) shall assist in having any stolen or other

16  personal property held by law enforcement authorities for

17  evidentiary or other purposes returned as expeditiously as

18  possible, pursuant to the procedures set out in Section

19  115-9 of the Code of Criminal Procedure of 1963;

20  (5) or victim advocate personnel shall provide

21  appropriate employer intercession services to ensure that

22  employers of victims will cooperate with the criminal

23  justice system in order to minimize an employee's loss of

24  pay and other benefits resulting from court appearances;

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

26  area during court proceedings that does not require
    SB3506 Enrolled  - 64 - LRB104 19574 RLC 33022 b

1   victims to be in close proximity to defendants or

2   juveniles accused of a violent crime, and their families

3   and friends;

4   (7) shall provide notice to the crime victim of the

5   right to have a translator present at all court

6   proceedings and, in compliance with the federal Americans

7   with Disabilities Act of 1990, the right to communications

8   access through a sign language interpreter or by other

9   means;

10  (8) (blank);

11  (8.5) shall inform the victim of the right to be

12  present at all court proceedings, unless the victim is to

13  testify and the court determines that the victim's

14  testimony would be materially affected if the victim hears

15  other testimony at trial;

16  (9) shall inform the victim of the right to have

17  present at all court proceedings, subject to the rules of

18  evidence and confidentiality, an advocate and other

19  support person of the victim's choice;

20  (9.3) shall inform the victim of the right to retain

21  an attorney, at the victim's own expense, who, upon

22  written notice filed with the clerk of the court and

23  State's Attorney, is to receive copies of all notices,

24  motions, and court orders filed thereafter in the case, in

25  the same manner as if the victim were a named party in the

26  case;
    SB3506 Enrolled  - 65 - LRB104 19574 RLC 33022 b

1   (9.5) shall inform the victim of (A) the victim's

2   right under Section 6 of this Act to make a statement at

3   the sentencing hearing; (B) the right of the victim's

4   spouse, guardian, parent, grandparent, and other immediate

5   family and household members under Section 6 of this Act

6   to present a statement at sentencing; and (C) if a

7   presentence report is to be prepared, the right of the

8   victim's spouse, guardian, parent, grandparent, and other

9   immediate family and household members to submit

10  information to the preparer of the presentence report

11  about the effect the offense has had on the victim and the

12  person;

13  (10) at the sentencing shall make a good faith attempt

14  to explain the minimum amount of time during which the

15  defendant may actually be physically imprisoned. The

16  Office of the State's Attorney shall further notify the

17  crime victim of the right to request from the Prisoner

18  Review Board or Department of Juvenile Justice information

19  concerning the release of the defendant;

20  (11) shall request restitution at sentencing and as

21  part of a plea agreement if the victim requests

22  restitution;

23  (12) shall, upon the court entering a verdict of not

24  guilty by reason of insanity, inform the victim of the

25  notification services available from the Department of

26  Human Services, including the statewide telephone number,
    SB3506 Enrolled     - 66 - LRB104 19574 RLC 33022 b

1   under subparagraph (d)(2) of this Section;

2   (13) shall provide notice within a reasonable time

3   after receipt of notice from the custodian, of the release

4   of the defendant on pretrial release or personal

5   recognizance or the release from detention of a minor who

6   has been detained;

7   (14) shall explain in nontechnical language the

8   details of any plea or verdict of a defendant, or any

9   adjudication of a juvenile as a delinquent;

10  (15) shall make all reasonable efforts to consult with

11  the crime victim before the Office of the State's Attorney

12  makes an offer of a plea bargain to the defendant or enters

13  into negotiations with the defendant concerning a possible

14  plea agreement, and shall consider the written statement,

15  if prepared prior to entering into a plea agreement. The

16  right to consult with the prosecutor does not include the

17  right to veto a plea agreement or to insist the case go to

18  trial. If the State's Attorney has not consulted with the

19  victim prior to making an offer or entering into plea

20  negotiations with the defendant, the Office of the State's

21  Attorney shall notify the victim of the offer or the

22  negotiations within 2 business days and confer with the

23  victim;

24  (16) shall provide notice of the ultimate disposition

25  of the cases arising from an indictment or an information,

26  or a petition to have a juvenile adjudicated as a
    SB3506 Enrolled   - 67 - LRB104 19574 RLC 33022 b

1   delinquent for a violent crime;

2   (17) shall provide notice of any appeal taken by the

3   defendant and information on how to contact the

4   appropriate agency handling the appeal, and how to request

5   notice of any hearing, oral argument, or decision of an

6   appellate court;

7   (18) shall provide timely notice of any request for

8   post-conviction review filed by the defendant under

9   Article 122 of the Code of Criminal Procedure of 1963, and

10  of the date, time and place of any hearing concerning the

11  petition. Whenever possible, notice of the hearing shall

12  be given within 48 hours of the court's scheduling of the

13  hearing;

14  (19) shall forward a copy of any statement presented

15  under Section 6 to the Prisoner Review Board or Department

16  of Juvenile Justice to be considered in making a

17  determination under Section 3-2.5-85 or subsection (b) of

18  Section 3-3-8 of the Unified Code of Corrections;

19  (20) shall, within a reasonable time, offer to meet

20  with the crime victim regarding the decision of the

21  State's Attorney not to charge an offense, and shall meet

22  with the victim, if the victim agrees. The victim has a

23  right to have an attorney, advocate, and other support

24  person of the victim's choice attend this meeting with the

25  victim; and

26  (21) shall give the crime victim timely notice of any
    SB3506 Enrolled       - 68 - LRB104 19574 RLC 33022 b

1   decision not to pursue charges and consider the safety of

2   the victim when deciding how to give such notice.

3   (c) The court shall ensure that the rights of the victim

4 are afforded.

5   (c-5) The following procedures shall be followed to afford

6 victims the rights guaranteed by Article I, Section 8.1 of the

7 Illinois Constitution:

8   (1) Written notice. A victim may complete a written

9   notice of victim intent to assert rights on a form

10  prepared by the Office of the Attorney General and

11  provided to the victim by the State's Attorney. The victim

12  may at any time provide a revised written notice to the

13  State's Attorney. The State's Attorney shall file the

14  written notice with the court. At the beginning of any

15  court proceeding in which the right of a victim may be at

16  issue, the court and prosecutor shall review the written

17  notice to determine whether a victim's the victim has

18  asserted the right that may be at issue.

19  (2) Victim's retained attorney. A victim's attorney

20  shall file an entry of appearance limited to assertion of

21  the victim's rights. Upon the filing of the entry of

22  appearance and service on the State's Attorney and the

23  defendant, the attorney is to receive copies of all

24  notices, motions and court orders filed thereafter in the

25  case.

26  (3) Standing. The victim has standing to assert the
    SB3506 Enrolled  - 69 - LRB104 19574 RLC 33022 b

1   rights enumerated in subsection (a) of Article I, Section

2   8.1 of the Illinois Constitution and the statutory rights

3   under Section 4 of this Act in any court exercising

4   jurisdiction over the criminal case. The prosecuting

5   attorney, a victim, or the victim's retained attorney may

6   assert the victim's rights. The defendant in the criminal

7   case has no standing to assert a right of the victim in any

8   court proceeding, including on appeal.

9   (4) Assertion of and enforcement of rights.

10  (A) The prosecuting attorney shall assert a

11  victim's right or request enforcement of a right by

12  filing a motion or by orally asserting the right or

13  requesting enforcement in open court in the criminal

14  case outside the presence of the jury. The prosecuting

15  attorney shall consult with the victim and the

16  victim's attorney regarding the assertion or

17  enforcement of a right. If the prosecuting attorney

18  decides not to assert or enforce a victim's right, the

19  prosecuting attorney shall notify the victim or the

20  victim's attorney in sufficient time to allow the

21  victim or the victim's attorney to assert the right or

22  to seek enforcement of a right.

23  (B) If the prosecuting attorney elects not to

24  assert a victim's right or to seek enforcement of a

25  right, the victim or the victim's attorney may assert

26  the victim's right or request enforcement of a right
    SB3506 Enrolled  - 70 - LRB104 19574 RLC 33022 b

1   by filing a motion or by orally asserting the right or

2   requesting enforcement in open court in the criminal

3   case outside the presence of the jury.

4   (C) If the prosecuting attorney asserts a victim's

5   right or seeks enforcement of a right, unless the

6   prosecuting attorney objects or the trial court does

7   not allow it, the victim or the victim's attorney may

8   be heard regarding the prosecuting attorney's motion

9   or may file a simultaneous motion to assert or request

10  enforcement of the victim's right. If the victim or

11  the victim's attorney was not allowed to be heard at

12  the hearing regarding the prosecuting attorney's

13  motion, and the court denies the prosecuting

14  attorney's assertion of the right or denies the

15  request for enforcement of a right, the victim or

16  victim's attorney may file a motion to assert the

17  victim's right or to request enforcement of the right

18  within 10 days of the court's ruling. The motion need

19  not demonstrate the grounds for a motion for

20  reconsideration. The court shall rule on the merits of

21  the motion.

22  (D) The court shall take up and decide any motion

23  or request asserting or seeking enforcement of a

24  victim's right without delay, unless a specific time

25  period is specified by law or court rule. The reasons

26  for any decision denying the motion or request shall
    SB3506 Enrolled  - 71 - LRB104 19574 RLC 33022 b

1   be clearly stated on the record.

2   (E) No later than January 1, 2023, the Office of

3   the Attorney General shall:

4                    (i) designate an administrative authority

5   within the Office of the Attorney General to

6   receive and investigate complaints relating to the

7   provision or violation of the rights of a crime

8   victim as described in Article I, Section 8.1 of

9   the Illinois Constitution and in this Act;

10                   (ii) create and administer a course of

11  training for employees and offices of the State of

12  Illinois that fail to comply with provisions of

13  Illinois law pertaining to the treatment of crime

14  victims as described in Article I, Section 8.1 of

15  the Illinois Constitution and in this Act as

16  required by the court under Section 5 of this Act;

17  and

18                   (iii) have the authority to make

19  recommendations to employees and offices of the

20  State of Illinois to respond more effectively to

21  the needs of crime victims, including regarding

22  the violation of the rights of a crime victim.

23  (F) Crime victims' rights may also be asserted by

24  filing a complaint for mandamus, injunctive, or

25  declaratory relief in the jurisdiction in which the

26  victim's right is being violated or where the crime is
    SB3506 Enrolled    - 72 - LRB104 19574 RLC 33022 b

1   being prosecuted. For complaints or motions filed by

2   or on behalf of the victim, the clerk of court shall

3   waive filing fees that would otherwise be owed by the

4   victim for any court filing with the purpose of

5   enforcing crime victims' rights. If the court denies

6   the relief sought by the victim, the reasons for the

7   denial shall be clearly stated on the record in the

8   transcript of the proceedings, in a written opinion,

9   or in the docket entry, and the victim may appeal the

10  circuit court's decision to the appellate court. The

11  court shall issue prompt rulings regarding victims'

12  rights. Proceedings seeking to enforce victims' rights

13  shall not be stayed or subject to unreasonable delay

14  via continuances.

15  (5) Violation of rights and remedies.

16  (A) If the court determines that a victim's right

17  has been violated, the court shall determine the

18  appropriate remedy for the violation of the victim's

19  right by hearing from the victim and the parties,

20  considering all factors relevant to the issue, and

21  then awarding appropriate relief to the victim.

22  (A-5) Consideration of an issue of a substantive

23  nature or an issue that implicates the constitutional

24  or statutory right of a victim at a court proceeding

25  labeled as a status hearing shall constitute a per se

26  violation of a victim's right.
    SB3506 Enrolled   - 73 - LRB104 19574 RLC 33022 b

1   (B) The appropriate remedy shall include only

2   actions necessary to provide the victim the right to

3   which the victim was entitled. Remedies may include,

4   but are not limited to: injunctive relief requiring

5   the victim's right to be afforded; declaratory

6   judgment recognizing or clarifying the victim's

7   rights; a writ of mandamus; and may include reopening

8   previously held proceedings; however, in no event

9   shall the court vacate a conviction. Any remedy shall

10  be tailored to provide the victim an appropriate

11  remedy without violating any constitutional right of

12  the defendant. In no event shall the appropriate

13  remedy to the victim be a new trial or damages.

14  The court shall impose a mandatory training course

15  provided by the Attorney General for the employee under

16  item (ii) of subparagraph (E) of paragraph (4), which must

17  be successfully completed within 6 months of the entry of

18  the court order.

19  This paragraph (5) takes effect January 2, 2023.

20  (6) Right to be heard. Whenever a victim has the right

21  to be heard, the court shall allow the victim to exercise

22  the right in any reasonable manner the victim chooses.

23  (7) Right to attend trial.

24  (A) A party must file a written motion to exclude a

25  victim from trial at least 60 days prior to the date

26  set for trial. The motion must state with specificity
    SB3506 Enrolled        - 74 - LRB104 19574 RLC 33022 b

1   the reason exclusion is necessary to protect a

2   constitutional right of the party, and must contain an

3   offer of proof. The court shall rule on the motion

4   within 30 days. If the motion is granted, the court

5   shall set forth on the record the facts that support

6   its finding that the victim's testimony will be

7   materially affected if the victim hears other

8   testimony at trial.

9   (B) A victim, as defined in Section 3, shall not be

10  excluded from any part of the trial unless the

11  procedure in subparagraph (A) of this paragraph (7)

12  was timely followed.

13  (8) Right to have advocate and support person present

14  at court proceedings.

15  (A) A party who intends to call an advocate as a

16  witness at trial must seek permission of the court

17  before the subpoena is issued. The party must file a

18  written motion at least 90 days before trial that sets

19  forth specifically the issues on which the advocate's

20  testimony is sought and an offer of proof regarding

21  (i) the content of the anticipated testimony of the

22  advocate; and (ii) the relevance, admissibility, and

23  materiality of the anticipated testimony. The court

24  shall consider the motion and make findings within 30

25  days of the filing of the motion. If the court finds by

26  a preponderance of the evidence that: (i) the
    SB3506 Enrolled  - 75 - LRB104 19574 RLC 33022 b

1   anticipated testimony is not protected by an absolute

2   privilege; and (ii) the anticipated testimony contains

3   relevant, admissible, and material evidence that is

4   not available through other witnesses or evidence, the

5   court shall issue a subpoena requiring the advocate to

6   appear to testify at an in camera hearing. The

7   prosecuting attorney and the victim shall have 15 days

8   to seek appellate review before the advocate is

9   required to testify at an ex parte in camera

10  proceeding.

11  The prosecuting attorney, the victim, and the

12  advocate's attorney shall be allowed to be present at

13  the ex parte in camera proceeding. If, after

14  conducting the ex parte in camera hearing, the court

15  determines that due process requires any testimony

16  regarding confidential or privileged information or

17  communications, the court shall provide to the

18  prosecuting attorney, the victim, and the advocate's

19  attorney a written memorandum on the substance of the

20  advocate's testimony. The prosecuting attorney, the

21  victim, and the advocate's attorney shall have 15 days

22  to seek appellate review before a subpoena may be

23  issued for the advocate to testify at trial. The

24  presence of the prosecuting attorney at the ex parte

25  in camera proceeding does not make the substance of

26  the advocate's testimony that the court has ruled
    SB3506 Enrolled  - 76 - LRB104 19574 RLC 33022 b

1   inadmissible subject to discovery.

2   (B) If a victim has asserted the right to have a

3   support person present at the court proceedings, the

4   victim shall provide the name of the person the victim

5   has chosen to be the victim's support person to the

6   prosecuting attorney, within 60 days of trial. The

7   prosecuting attorney shall provide the name to the

8   defendant. If the defendant intends to call the

9   support person as a witness at trial, the defendant

10  must seek permission of the court before a subpoena is

11  issued. The defendant must file a written motion at

12  least 45 days prior to trial that sets forth

13  specifically the issues on which the support person

14  will testify and an offer of proof regarding: (i) the

15  content of the anticipated testimony of the support

16  person; and (ii) the relevance, admissibility, and

17  materiality of the anticipated testimony.

18  If the prosecuting attorney intends to call the

19  support person as a witness during the State's

20  case-in-chief, the prosecuting attorney shall inform

21  the court of this intent in the response to the

22  defendant's written motion. The victim may choose a

23  different person to be the victim's support person.

24  The court may allow the defendant to inquire about

25  matters outside the scope of the direct examination

26  during cross-examination. If the court allows the
    SB3506 Enrolled    - 77 - LRB104 19574 RLC 33022 b

1   defendant to do so, the support person shall be

2   allowed to remain in the courtroom after the support

3   person has testified. A defendant who fails to

4   question the support person about matters outside the

5   scope of direct examination during the State's

6   case-in-chief waives the right to challenge the

7   presence of the support person on appeal. The court

8   shall allow the support person to testify if called as

9   a witness in the defendant's case-in-chief or the

10  State's rebuttal.

11  If the court does not allow the defendant to

12  inquire about matters outside the scope of the direct

13  examination, the support person shall be allowed to

14  remain in the courtroom after the support person has

15  been called by the defendant or the defendant has

16  rested. The court shall allow the support person to

17  testify in the State's rebuttal.

18  If the prosecuting attorney does not intend to

19  call the support person in the State's case-in-chief,

20  the court shall verify with the support person whether

21  the support person, if called as a witness, would

22  testify as set forth in the offer of proof. If the

23  court finds that the support person would testify as

24  set forth in the offer of proof, the court shall rule

25  on the relevance, materiality, and admissibility of

26  the anticipated testimony. If the court rules the
    SB3506 Enrolled  - 78 - LRB104 19574 RLC 33022 b

1   anticipated testimony is admissible, the court shall

2   issue the subpoena. The support person may remain in

3   the courtroom after the support person testifies and

4   shall be allowed to testify in rebuttal.

5   If the court excludes the victim's support person

6   during the State's case-in-chief, the victim shall be

7   allowed to choose another support person to be present

8   in court.

9   If the victim fails to designate a support person

10  within 60 days of trial and the defendant has

11  subpoenaed the support person to testify at trial, the

12  court may exclude the support person from the trial

13  until the support person testifies. If the court

14  excludes the support person the victim may choose

15  another person as a support person.

16  (9) Right to notice and hearing before disclosure of

17  confidential or privileged information or records.

18  (A) A defendant who seeks to subpoena testimony or

19  records of or concerning the victim that are

20  confidential or privileged by law must seek permission

21  of the court before the subpoena is issued. The

22  defendant must file a written motion and an offer of

23  proof regarding the relevance, admissibility and

24  materiality of the testimony or records. If the court

25  finds by a preponderance of the evidence that:

26                   (i) the testimony or records are not protected
    SB3506 Enrolled  - 79 - LRB104 19574 RLC 33022 b

1   by an absolute privilege and

2                    (ii) the testimony or records contain

3   relevant, admissible, and material evidence that

4   is not available through other witnesses or

5   evidence, the court shall issue a subpoena

6   requiring the witness to appear in camera or a

7   sealed copy of the records be delivered to the

8   court to be reviewed in camera. If, after

9   conducting an in camera review of the witness

10  statement or records, the court determines that

11  due process requires disclosure of any potential

12  testimony or any portion of the records, the court

13  shall provide copies of the records that it

14  intends to disclose to the prosecuting attorney

15  and the victim. The prosecuting attorney and the

16  victim shall have 30 days to seek appellate review

17  before the records are disclosed to the defendant,

18  used in any court proceeding, or disclosed to

19  anyone or in any way that would subject the

20  testimony or records to public review. The

21  disclosure of copies of any portion of the

22  testimony or records to the prosecuting attorney

23  under this Section does not make the records

24  subject to discovery or required to be provided to

25  the defendant.

26  (B) A prosecuting attorney who seeks to subpoena
    SB3506 Enrolled  - 80 - LRB104 19574 RLC 33022 b

1   information or records concerning the victim that are

2   confidential or privileged by law must first request

3   the written consent of the crime victim. If the victim

4   does not provide such written consent, including where

5   necessary the appropriate signed document required for

6   waiving privilege, the prosecuting attorney must serve

7   the subpoena at least 21 days prior to the date a

8   response or appearance is required to allow the

9   subject of the subpoena time to file a motion to quash

10  or request a hearing. The prosecuting attorney must

11  also send a written notice to the victim at least 21

12  days prior to the response date to allow the victim to

13  file a motion or request a hearing. The notice to the

14  victim shall inform the victim (i) that a subpoena has

15  been issued for confidential information or records

16  concerning the victim, (ii) that the victim has the

17  right to request a hearing prior to the response date

18  of the subpoena, and (iii) how to request the hearing.

19  The notice to the victim shall also include a copy of

20  the subpoena. If requested, a hearing regarding the

21  subpoena shall occur before information or records are

22  provided to the prosecuting attorney.

23  (9.5) Except as otherwise provided in Section 9.5 of

24  the Criminal Identification Act or Section 3-3013 of the

25  Counties Code, whenever a person's DNA profile is

26  collected due to the person being a victim of a crime, as
    SB3506 Enrolled     - 81 - LRB104 19574 RLC 33022 b

1   identified by law enforcement, that specific profile

2   collected in conjunction with that criminal investigation

3   shall not be entered into any DNA database. Nothing in

4   this paragraph (9.5) shall be interpreted to contradict

5   rules and regulations developed by the Federal Bureau of

6   Investigation relating to the National DNA Index System or

7   Combined DNA Index System.

8   (10) Right to notice of court proceedings. If the

9   victim is not present at a court proceeding in which a

10  right of the victim is at issue, the court shall ask the

11  prosecuting attorney whether the victim was notified of

12  the time, place, and expected purpose of the court

13  proceeding and that the victim had a right to be heard at

14  the court proceeding. If the court determines that timely

15  notice was not given or that the victim was not adequately

16  informed of the expected purpose and procedures nature of

17  the court proceeding, the court shall not rule on any

18  substantive issues, accept a plea, or impose a sentence

19  and shall continue the hearing for the time necessary to

20  notify the victim of the time, place, and expected purpose

21  and procedures nature of the court proceeding. The time

22  between court proceedings shall not be attributable to the

23  State under Section 103-5 of the Code of Criminal

24  Procedure of 1963.

25  (11) Right to timely disposition of the case. A victim

26  has the right to timely disposition of the case so as to
    SB3506 Enrolled  - 82 - LRB104 19574 RLC 33022 b

1   minimize the stress, cost, and inconvenience resulting

2   from the victim's involvement in the case. Before ruling

3   on a motion to continue trial or other court proceeding,

4   the court shall inquire into the circumstances for the

5   request for the delay and, if the victim has provided

6   written notice of the assertion of the right to a timely

7   disposition, and whether the victim objects to the delay.

8   If the victim objects, the prosecutor shall inform the

9   court of the victim's objections. If the prosecutor has

10  not conferred with the victim about the continuance, the

11  prosecutor shall inform the court of the attempts to

12  confer. If the court finds the attempts of the prosecutor

13  to confer with the victim were inadequate to protect the

14  victim's right to be heard, the court shall give the

15  prosecutor at least 3 but not more than 5 business days to

16  confer with the victim. In ruling on a motion to continue,

17  the court shall consider the reasons for the requested

18  continuance, the number and length of continuances that

19  have been granted, the victim's objections and procedures

20  to avoid further delays. If a continuance is granted over

21  the victim's objection, the court shall specify on the

22  record the reasons for the continuance and the procedures

23  that have been or will be taken to avoid further delays.

24  (12) Right to Restitution.

25  (A) If the victim has asserted the right to

26  restitution and the amount of restitution is known at
    SB3506 Enrolled  - 83 - LRB104 19574 RLC 33022 b

1   the time of sentencing, the court shall enter the

2   judgment of restitution at the time of sentencing.

3   (B) If the victim has asserted the right to

4   restitution and the amount of restitution is not known

5   at the time of sentencing, the prosecutor shall,

6   within 5 days after sentencing, notify the victim what

7   information and documentation related to restitution

8   is needed and that the information and documentation

9   must be provided to the prosecutor within 45 days

10  after sentencing. Failure to timely provide

11  information and documentation related to restitution

12  shall be deemed a waiver of the right to restitution.

13  The prosecutor shall file and serve within 60 days

14  after sentencing a proposed judgment for restitution

15  and a notice that includes information concerning the

16  identity of any victims or other persons seeking

17  restitution, whether any victim or other person

18  expressly declines restitution, the nature and amount

19  of any damages together with any supporting

20  documentation, a restitution amount recommendation,

21  and the names of any co-defendants and their case

22  numbers. Within 30 days after receipt of the proposed

23  judgment for restitution, the defendant shall file any

24  objection to the proposed judgment, a statement of

25  grounds for the objection, and a financial statement.

26  If the defendant does not file an objection, the court
    SB3506 Enrolled      - 84 - LRB104 19574 RLC 33022 b

1   may enter the judgment for restitution without further

2   proceedings. If the defendant files an objection and

3   either party requests a hearing, the court shall

4   schedule a hearing.

5   (13) Access to presentence reports.

6   (A) The victim may request a copy of the

7   presentence report prepared under the Unified Code of

8   Corrections from the State's Attorney. The State's

9   Attorney shall redact the following information before

10  providing a copy of the report:

11                   (i) the defendant's mental history and

12  condition;

13                   (ii) any evaluation prepared under subsection

14  (b) or (b-5) of Section 5-3-2; and

15                   (iii) the name, address, phone number, and

16  other personal information about any other victim.

17  (B) The State's Attorney or the defendant may

18  request the court redact other information in the

19  report that may endanger the safety of any person.

20  (C) The State's Attorney may orally disclose to

21  the victim any of the information that has been

22  redacted if there is a reasonable likelihood that the

23  information will be stated in court at the sentencing.

24  (D) The State's Attorney must advise the victim

25  that the victim must maintain the confidentiality of

26  the report and other information. Any dissemination of
    SB3506 Enrolled     - 85 - LRB104 19574 RLC 33022 b

1   the report or information that was not stated at a

2   court proceeding constitutes indirect criminal

3   contempt of court.

4   (14) Appellate relief. If the trial court denies the

5   relief requested, the victim, the victim's attorney, or

6   the prosecuting attorney may file an appeal within 30 days

7   of the trial court's ruling. The trial or appellate court

8   may stay the court proceedings if the court finds that a

9   stay would not violate a constitutional right of the

10  defendant. If the appellate court denies the relief

11  sought, the reasons for the denial shall be clearly stated

12  in a written opinion. In any appeal in a criminal case, the

13  State may assert as error the court's denial of any crime

14  victim's right in the proceeding to which the appeal

15  relates.

16  (15) Limitation on appellate relief. In no case shall

17  an appellate court provide a new trial to remedy the

18  violation of a victim's right.

19  (16) The right to be reasonably protected from the

20  accused throughout the criminal justice process and the

21  right to have the safety of the victim and the victim's

22  family considered in determining whether to release the

23  defendant, and setting conditions of release after arrest

24  and conviction. A victim of domestic violence, a sexual

25  offense, or stalking may request the entry of a protective

26  order under Article 112A of the Code of Criminal Procedure
    SB3506 Enrolled       - 86 - LRB104 19574 RLC 33022 b

1   of 1963.

2   (d) Procedures after the imposition of sentence.

3   (1) The Prisoner Review Board shall inform a victim or

4   any other concerned citizen, upon written request, of the

5   prisoner's release on parole, mandatory supervised

6   release, electronic detention, work release, international

7   transfer or exchange, or by the custodian, other than the

8   Department of Juvenile Justice, of the discharge of any

9   individual who was adjudicated a delinquent for a crime

10  from State custody and by the sheriff of the appropriate

11  county of any such person's final discharge from county

12  custody. The Prisoner Review Board, upon written request,

13  shall provide to a victim or any other concerned citizen a

14  recent photograph of any person convicted of a felony,

15  upon his or her release from custody. The Prisoner Review

16  Board, upon written request, shall inform a victim or any

17  other concerned citizen when feasible at least 7 days

18  prior to the prisoner's release on furlough of the times

19  and dates of such furlough. Upon written request by the

20  victim or any other concerned citizen, the State's

21  Attorney shall notify the person once of the times and

22  dates of release of a prisoner sentenced to periodic

23  imprisonment. Notification shall be based on the most

24  recent information as to the victim's or other concerned

25  citizen's residence or other location available to the

26  notifying authority.
    SB3506 Enrolled  - 87 - LRB104 19574 RLC 33022 b

1   (1.5) The Prisoner Review Board shall notify a victim

2   of a prisoner's pardon, commutation of sentence, release

3   on furlough, or early release from State custody, if the

4   victim has previously requested that notification. The

5   notification shall be based upon the most recent

6   information available to the Board as to the victim's

7   residence or other location. The notification requirement

8   under this paragraph (1.5) is in addition to any

9   notification requirements under any other statewide victim

10  notification systems. The Board shall document its efforts

11  to provide the required notification if a victim alleges

12  lack of notification under this paragraph (1.5).

13  (2) When the defendant has been committed to the

14  Department of Human Services pursuant to Section 5-2-4 or

15  any other provision of the Unified Code of Corrections,

16  the victim may request to be notified by the releasing

17  authority of the approval by the court of an on-grounds

18  pass, a supervised off-grounds pass, an unsupervised

19  off-grounds pass, or conditional release; the release on

20  an off-grounds pass; the return from an off-grounds pass;

21  transfer to another facility; conditional release; escape;

22  death; or final discharge from State custody. The

23  Department of Human Services shall establish and maintain

24  a statewide telephone number to be used by victims to make

25  notification requests under these provisions and shall

26  publicize this telephone number on its website and to the
    SB3506 Enrolled  - 88 - LRB104 19574 RLC 33022 b

1   State's Attorney of each county.

2   (3) In the event of an escape from State custody, the

3   Department of Corrections or the Department of Juvenile

4   Justice immediately shall notify the Prisoner Review Board

5   of the escape and the Prisoner Review Board shall notify

6   the victim. The notification shall be based upon the most

7   recent information as to the victim's residence or other

8   location available to the Board. When no such information

9   is available, the Board shall make all reasonable efforts

10  to obtain the information and make the notification. When

11  the escapee is apprehended, the Department of Corrections

12  or the Department of Juvenile Justice immediately shall

13  notify the Prisoner Review Board and the Board shall

14  notify the victim. The notification requirement under this

15  paragraph (3) is in addition to any notification

16  requirements under any other statewide victim notification

17  systems. The Board shall document its efforts to provide

18  the required notification if a victim alleges lack of

19  notification under this paragraph (3).

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
    SB3506 Enrolled  - 89 - LRB104 19574 RLC 33022 b

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

17  101-288), except if the statement was an oral statement

18  made by the victim at a hearing open to the public.

19  (4-1) The crime victim, including any person who has

20  had a final, plenary, non-emergency, or emergency

21  protective order granted against the petitioner or parole

22  candidate under Article 112A of the Code of Criminal

23  Procedure of 1963, the Illinois Domestic Violence Act of

24  1986, the Stalking No Contact Order Act, or the Civil No

25  Contact Order Act, has the right to submit a victim

26  statement, in support or opposition, for consideration by
    SB3506 Enrolled  - 90 - LRB104 19574 RLC 33022 b

1   the Prisoner Review Board or the Department of Juvenile

2   Justice prior to or at a hearing to determine the

3   conditions of mandatory supervised release of a person

4   sentenced to a determinate sentence or at a hearing on

5   revocation of mandatory supervised release of a person

6   sentenced to a determinate sentence. A victim statement

7   may be submitted in writing, on film, videotape, or other

8   electronic means, or in the form of a recording, or orally

9   at a hearing, or by calling the toll-free number

10  established in subsection (f) of this Section. Victim

11  statements provided to the Board shall be confidential and

12  privileged, including any statements received prior to

13  January 1, 2020 (the effective date of Public Act

14  101-288), except if the statement was an oral statement

15  made by the victim at a hearing open to the public.

16  (4-2) The crime victim, including any person who has

17  had a final, plenary, non-emergency, or emergency

18  protective order granted against the petitioner or parole

19  candidate under Article 112A of the Code of Criminal

20  Procedure of 1963, the Illinois Domestic Violence Act of

21  1986, the Stalking No Contact Order Act, or the Civil No

22  Contact Order Act, has the right to submit a victim

23  statement, in support or opposition, to the Prisoner

24  Review Board for consideration at an executive clemency

25  hearing as provided in Section 3-3-13 of the Unified Code

26  of Corrections. A victim statement may be submitted in
    SB3506 Enrolled  - 91 - LRB104 19574 RLC 33022 b

1   writing, on film, videotape, or other electronic means, or

2   in the form of a recording prior to a hearing, or orally at

3   a hearing, or by calling the toll-free number established

4   in subsection (f) of this Section. Victim statements

5   provided to the Board shall be confidential and

6   privileged, including any statements received prior to

7   January 1, 2020 (the effective date of Public Act

8   101-288), except if the statement was an oral statement

9   made by the victim at a hearing open to the public.

10  (5) If a statement is presented under Section 6, the

11  Prisoner Review Board or Department of Juvenile Justice

12  shall inform the victim of any order of discharge pursuant

13  to Section 3-2.5-85 or 3-3-8 of the Unified Code of

14  Corrections.

15  (6) At the written or oral request of the victim of the

16  crime for which the prisoner was sentenced or the State's

17  Attorney of the county where the person seeking parole or

18  aftercare release was prosecuted, the Prisoner Review

19  Board or Department of Juvenile Justice shall notify the

20  victim and the State's Attorney of the county where the

21  person seeking parole or aftercare release was prosecuted

22  of the death of the prisoner if the prisoner died while on

23  parole or aftercare release or mandatory supervised

24  release.

25  (7) When a defendant who has been committed to the

26  Department of Corrections, the Department of Juvenile
    SB3506 Enrolled       - 92 - LRB104 19574 RLC 33022 b

1   Justice, or the Department of Human Services is released

2   or discharged and subsequently committed to the Department

3   of Human Services as a sexually violent person and the

4   victim had requested to be notified by the releasing

5   authority of the defendant's discharge, conditional

6   release, death, or escape from State custody, the

7   releasing authority shall provide to the Department of

8   Human Services such information that would allow the

9   Department of Human Services to contact the victim.

10  (8) When a defendant has been convicted of a sex

11  offense as defined in Section 2 of the Sex Offender

12  Registration Act and has been sentenced to the Department

13  of Corrections or the Department of Juvenile Justice, the

14  Prisoner Review Board or the Department of Juvenile

15  Justice shall notify the victim of the sex offense of the

16  prisoner's eligibility for release on parole, aftercare

17  release, mandatory supervised release, electronic

18  detention, work release, international transfer or

19  exchange, or by the custodian of the discharge of any

20  individual who was adjudicated a delinquent for a sex

21  offense from State custody and by the sheriff of the

22  appropriate county of any such person's final discharge

23  from county custody. The notification shall be made to the

24  victim at least 30 days, whenever possible, before release

25  of the sex offender.

26  (e) (Blank). The officials named in this Section may
    SB3506 Enrolled           - 93 - LRB104 19574 RLC 33022 b

1 satisfy some or all of their obligations to provide notices

2 and other information through participation in a statewide

3 victim and witness notification system established by the

4 Attorney General under Section 8.5 of this Act.

5   (f) The Prisoner Review Board shall establish a toll-free

6 number that may be accessed by the crime victim to present a

7 victim statement to the Board in accordance with paragraphs

8 (4), (4-1), and (4-2) of subsection (d). The Prisoner Review

9 Board shall provide registered and identified victims with the

10 contact information for the State victim assistance hotline as

11 part of its process to obtain a victim witness statement and as

12 part of its notification.

13  (g) The Prisoner Review Board shall publish on its

14 official website, and provide to registered victims,

15 procedural information on how to submit victim statements.

16 (Source: P.A. 104-11, eff. 6-20-25; 104-173, eff. 1-1-26;

17 revised 11-21-25.)

18  (725 ILCS 120/8.5)

19  Sec. 8.5. Statewide victim and witness notification

20 system.

21  (a) The Attorney General may establish a crime victim and

22 witness notification system to assist public officials in

23 carrying out their duties to notify and inform crime victims

24 and witnesses under Section 4.5 of this Act or under

25 subsections (a), (a-2), and (a-3) of Section 120 of the Sex
    SB3506 Enrolled         - 94 - LRB104 19574 RLC 33022 b

1 Offender Community Notification Law. The system shall download

2 necessary information from participating officials into its

3 computers, where it shall be maintained, updated, and

4 automatically transmitted to victims and witnesses by

5 telephone, computer, written notice, SMS text message, or

6 other electronic means. The Attorney General may establish a

7 crime victim and witness notification system to assist public

8 officials in carrying out their duties to notify and inform

9 crime victims and witnesses under Section 4.5 of this Act or

10 under subsections (a), (a-2), and (a-3) of Section 120 of the

11 Sex Offender Community Notification Law. The system shall

12 download necessary information from participating officials

13 into its computers, where it shall be maintained, updated, and

14 automatically transmitted to victims and witnesses by

15 telephone, computer, written notice, SMS text message, or

16 other electronic means.

17  (b) The Illinois Department of Corrections, the Department

18 of Juvenile Justice, the Department of Human Services, and the

19 Prisoner Review Board shall cooperate with the Attorney

20 General in the implementation of this Section and shall

21 provide information as necessary to the effective operation of

22 the system. The Illinois Department of Corrections, the

23 Department of Juvenile Justice, the Department of Human

24 Services, and the Prisoner Review Board shall cooperate with

25 the Attorney General in the implementation of this Section and

26 shall provide information as necessary to the effective
    SB3506 Enrolled          - 95 - LRB104 19574 RLC 33022 b

1 operation of the system.

2   (c) State's Attorneys, circuit court clerks, and local law

3 enforcement and correctional authorities may enter into

4 agreements with the Attorney General for participation in the

5 system. The Attorney General may provide those who elect to

6 participate with the equipment, software, or training

7 necessary to bring their offices into the system. State's

8 attorneys, circuit court clerks, and local law enforcement and

9 correctional authorities may enter into agreements with the

10 Attorney General for participation in the system. The Attorney

11 General may provide those who elect to participate with the

12 equipment, software, or training necessary to bring their

13 offices into the system.

14  (d) The provision of information to crime victims and

15 witnesses through the Attorney General's notification system

16 satisfies a given State or local official's corresponding

17 obligation to provide the information. The provision of

18 information to crime victims and witnesses through the

19 Attorney General's notification system satisfies a given State

20 or local official's corresponding obligation to provide the

21 information.

22  (e) The Attorney General may provide for telephonic,

23 electronic, or other public access to the database established

24 under this Section. The Attorney General may provide for

25 telephonic, electronic, or other public access to the database

26 established under this Section.
    SB3506 Enrolled       - 96 - LRB104 19574 RLC 33022 b

1   (f) (Blank).

2   (g) (Blank). There is established in the Office of the

3 Attorney General a Crime Victim and Witness Notification

4 Advisory Committee consisting of those victims advocates,

5 sheriffs, State's Attorneys, circuit court clerks, Illinois

6 Department of Corrections, the Department of Juvenile Justice,

7 and Prisoner Review Board employees that the Attorney General

8 chooses to appoint. The Attorney General shall designate one

9 member to chair the Committee.

10  (1) The Committee shall consult with and advise the

11  Attorney General as to the exercise of the Attorney

12  General's authority under this Section, including, but not

13  limited to:

14  (i) the design, scope, and operation of the

15  notification system;

16  (ii) the content of any rules adopted to implement

17  this Section;

18  (iii) the procurement of hardware, software, and

19  support for the system, including choice of supplier

20  or operator; and

21  (iv) the acceptance of agreements with and the

22  award of equipment, software, or training to officials

23  that seek to participate in the system.

24  (2) The Committee shall review the status and

25  operation of the system and report any findings and

26  recommendations for changes to the Attorney General and
    SB3506 Enrolled  - 97 - LRB104 19574 RLC 33022 b

1   the General Assembly by November 1 of each year.

2           (3) The members of the Committee shall receive no

3   compensation for their services as members of the

4   Committee, but may be reimbursed for their actual expenses

5   incurred in serving on the Committee.

6   (h) (Blank). The Attorney General shall not release the

7 names, addresses, phone numbers, personal identification

8 numbers, or email addresses of any person registered to

9 receive notifications to any other person except State or

10 local officials using the notification system to satisfy the

11 official's obligation to provide the information. The Attorney

12 General may grant limited access to the Automated Victim

13 Notification system (AVN) to law enforcement, prosecution, and

14 other agencies that provide service to victims of violent

15 crime to assist victims in enrolling and utilizing the AVN

16 system.

17  (i) (Blank). The Attorney General shall conduct an

18 internal review of the witness notification system to review

19 timely notice to victims and witnesses throughout the State

20 and shall make recommendations to the General Assembly for

21 improvements in the procedures and technologies used in the

22 system. The Attorney General shall submit the recommendations

23 to the General Assembly on or before July 1, 2026.

24 (Source: P.A. 104-11, eff. 6-20-25.)

25  Section 20. The Sexually Violent Persons Commitment Act is
    SB3506 Enrolled    - 98 - LRB104 19574 RLC 33022 b

1 amended by changing Section 75 as follows:

2   (725 ILCS 207/75)

3   Sec. 75. Notice concerning conditional release, discharge,

4 escape, death, or court-ordered change in the custody status

5 of a detainee or civilly committed sexually violent person.

6   (a) As used in this Section, the term:

7   (1) "Act of sexual violence" means an act or attempted

8   act that is a basis for an allegation made in a petition

9   under paragraph (b)(1) of Section 15 of this Act.

10  (2) "Member of the family" means spouse, child,

11  sibling, parent, or legal guardian.

12  (3) "Victim" means a person against whom an act of

13  sexual violence has been committed.

14  (b) If the court places a civilly committed sexually

15 violent person on conditional release under Section 40 or 60

16 of this Act or discharges a person under Section 65, or if a

17 detainee or civilly committed sexually violent person escapes,

18 dies, or is subject to any court-ordered change in custody

19 status of the detainee or sexually violent person, the

20 Department shall make a reasonable attempt, if he or she can be

21 found, to notify all of the following who have requested

22 notification under this Act or under the Rights of Crime

23 Victims and Witnesses Act and may utilize the statewide victim

24 and witness notification system to notify:

25  (1) Whichever of the following persons is appropriate
   SB3506 Enrolled    - 99 - LRB104 19574 RLC 33022 b

1  in accordance with the provisions of subsection (a)(3):

2  (A) The victim of the act of sexual violence.

3  (B) An adult member of the victim's family, if the

4  victim died as a result of the act of sexual violence.

5  (C) The victim's parent or legal guardian, if the

6  victim is younger than 18 years old.

7  (2) The Department of Corrections or the Department of

8  Juvenile Justice.

9  (c) The notice under subsection (b) of this Section shall

10 inform the Department of Corrections or the Department of

11 Juvenile Justice and the person notified under paragraph

12 (b)(1) of this Section of the name of the person committed

13 under this Act and the date the person is placed on conditional

14 release, discharged, or if a detainee or civilly committed

15 sexually violent person escapes, dies, or is subject to any

16 court-ordered change in the custody status of the detainee or

17 sexually violent person. The Department shall send the notice,

18 postmarked within one business day of the court order

19 requiring the preparation of a conditional release plan under

20 paragraph (b)(3) of Section 40 or subsection (f) of Section 60

21 and another notice postmarked within one business day of the

22 court order approving the conditional release, discharge, or

23 any court-ordered change in the custody status of the detainee

24 or sexually violent person, unless unusual circumstances do

25 not permit advance written notification, or immediately if a

26 detainee or civilly committed sexually violent person escapes
    SB3506 Enrolled            - 100 - LRB104 19574 RLC 33022 b

1 or dies, to the Department of Corrections or the Department of

2 Juvenile Justice and the last-known address of the person

3 notified under paragraph (b)(1) of this Section.

4   (d) The Department shall make available to design and

5 prepare cards for persons specified in paragraph (b)(1) of

6 this Section information about how to register for

7 notifications through the statewide victim and witness

8 notification system to send to the Department. The cards shall

9 have space for these persons to provide their names and

10 addresses, the name of the person committed under this Act and

11 any other information the Department determines is necessary.

12 The Department shall provide the cards, without charge, to the

13 Attorney General and State's Attorneys. The Attorney General

14 and State's Attorneys shall provide the cards, without charge,

15 to persons specified in paragraph (b)(1) of this Section.

16 These persons may send completed cards to the Department. All

17 records or portions of records of the Department that relate

18 to mailing addresses of these persons are not subject to

19 inspection or copying under Section 3 of the Freedom of

20 Information Act.

21 (Source: P.A. 99-299, eff. 8-6-15.)

22  Section 25. The Address Confidentiality for Victims of

23 Domestic Violence, Sexual Assault, Human Trafficking, or

24 Stalking Act is amended by changing Sections 10, 15, 20, 25,

25 30, 35, and 40 as follows:
    SB3506 Enrolled           - 101 - LRB104 19574 RLC 33022 b

1   (750 ILCS 61/10)

2   Sec. 10. Definitions. In this Act, unless the context

3 otherwise requires:

4   "Confidential address" means the Illinois residential

5 street address of an individual that is not to be disclosed.

6   "Substitute address" means the address assigned to a

7 program participant by the Address Confidentiality Program.

8   "Address" means a residential street address, school

9 address, or work address of an individual, as specified on the

10 individual's application to be a program participant under

11 this Act.

12  "Program participant" means a person certified as a

13 program participant under this Act.

14  "Household member" means an individual residing at the

15 same Illinois residential street address as a program

16 participant who is the victim of domestic violence, sexual

17 assault, human trafficking, or stalking.

18  "Eligible person" means a person 18 years of age or older

19 who is the victim of domestic violence, sexual assault, human

20 trafficking, or stalking; the parent or guardian of a minor or

21 disabled adult who is a victim of domestic violence, sexual

22 assault, human trafficking, or stalking; or a household member

23 of a victim of domestic violence, sexual assault, human

24 trafficking, or stalking.

25  "Domestic violence" has the same meaning as in the
    SB3506 Enrolled   - 102 - LRB104 19574 RLC 33022 b

1 Illinois Domestic Violence Act of 1986 and includes a threat

2 of domestic violence against an individual in a domestic

3 situation, regardless of whether the domestic violence or

4 threat has been reported to law enforcement officers.

5   "Human trafficking" means the practices set forth in

6 subsection (b), (c), or (d) of Section 10-9 of the Criminal

7 Code of 2012, regardless of whether the victim has reported

8 the trafficking to law enforcement officers.

9   "Sexual assault" has the same meaning as sexual conduct or

10 sexual penetration as defined in the Civil No Contact Order

11 Act. "Sexual assault" includes a threat of sexual assault,

12 regardless of whether the sexual assault or threat has been

13 reported to law enforcement officers.

14  "Stalking" has the same meaning as in the Stalking No

15 Contact Order Act. "Stalking" includes a threat of stalking,

16 regardless of whether the stalking or threat has been reported

17 to law enforcement officers.

18 (Source: P.A. 101-270, eff. 1-1-21; 102-292, eff. 1-1-22.)

19  (750 ILCS 61/15)

20  Sec. 15. Address confidentiality program; application;

21 certification.

22  (a) An eligible applicant, as defined by this Section, An

23 adult person, a parent or guardian acting on behalf of a minor,

24 or a guardian acting on behalf of a person with a disability,

25 as defined in Article 11a of the Probate Act of 1975, may apply
    SB3506 Enrolled  - 103 - LRB104 19574 RLC 33022 b

1 to the Attorney General to have an address designated by the

2 Attorney General serve as the person's address or the address

3 of the minor or person with a disability. The Attorney General

4 shall approve an application if it is filed in the manner and

5 on the form prescribed by him or her and if it contains:

6   (1) a sworn statement by the applicant that the

7   applicant has good reason to believe (i) that the

8   applicant, or the minor or person with a disability on

9   whose behalf the application is made, is a victim of

10  domestic violence, sexual assault, human trafficking, or

11  stalking; or and (ii) the applicant is a household member

12  of a program participant; that the applicant fears for his

13  or her safety or his or her children's safety, or the

14  safety of the minor or person with a disability on whose

15  behalf the application is made;

16  (1.3) a sworn statement that the applicant fears for

17  the applicant's safety or the applicant's children's

18  safety, or the safety of the minor or person with a

19  disability on whose behalf the application is made, or the

20  safety of a household member;

21  (1.5) an explanation supporting the statements made

22  under subsections (1) and (1.3);

23  (2) a designation of the Attorney General as agent for

24  purposes of service of process and receipt of mail;

25  (3) an Illinois a State mailing address where the

26  applicant can be contacted by the Attorney General, and
    SB3506 Enrolled   - 104 - LRB104 19574 RLC 33022 b

1   the phone number or numbers where the applicant can be

2   called by the Attorney General;

3   (3.5) proof of an Illinois a State residential street

4   address where the applicant resides or a signed statement

5   affirming the applicant's status as homeless in Illinois

6   indicating that the applicant will be moving to an

7   Illinois residential street address within 30 days this

8   State;

9   (4) the new Illinois residential street address

10  "confidential address" address or addresses that the

11  applicant requests not be disclosed for the reason that

12  disclosure will increase the risk of domestic violence,

13  sexual assault, human trafficking, or stalking; and

14  (5) the signature of the applicant and of any

15  individual or representative of any office designated in

16  writing under Section 40 of this Act who assisted in the

17  preparation of the application, and the date on which the

18  applicant signed the application.

19  (a-1) For applicants applying on behalf of a minor or

20 person with a disability, the Attorney General may request

21 proof of guardianship, as defined in Article 11a of the

22 Probate Act of 1975, or proof of legal custody, as defined in

23 Section 10-20.12b of the School Code, before certifying a

24 minor or person with a disability as a program participant.

25  (b) Applications shall be filed with the office of the

26 Attorney General.
    SB3506 Enrolled   - 105 - LRB104 19574 RLC 33022 b

1   (c) Upon filing a properly completed application, the

2 Attorney General shall certify the applicant as a program

3 participant. Applicants shall be certified for 4 years

4 following the date of filing unless the certification is

5 withdrawn or invalidated before that date. A participant whose

6 certification has not been withdrawn or cancelled may reapply

7 to the Address Confidentiality Program to renew the

8 applicant's certification for an additional 4 years. The

9 Attorney General shall by rule establish a renewal procedure.

10  (d) A person who falsely attests in an application that

11 disclosure of the applicant's confidential address would

12 endanger the applicant's safety or the safety of the

13 applicant's children or the minor or disabled incapacitated

14 person on whose behalf the application is made, or the safety

15 of a household member, or who knowingly provides false or

16 incorrect information upon making an application, is guilty of

17 a Class 3 felony.

18 (Source: P.A. 101-270, eff. 1-1-21; 102-292, eff. 1-1-22.)

19  (750 ILCS 61/20)

20  Sec. 20. Certification cancellation.

21  (a) If the program participant obtains a legal change of

22 identity to a new, unassociated name a name change, the

23 applicant loses he or she loses certification as a program

24 participant.

25  (b) The Attorney General may cancel a program
    SB3506 Enrolled        - 106 - LRB104 19574 RLC 33022 b

1 participant's certification if:

2   (1) a program participant fails to provide the

3   Attorney General with 7 days' notice before there is a

4   change in the confidential residential street address,

5   phone number, or legal name, from the one listed on the

6   application; , unless the program participant provides the

7   Attorney General within 7 days notice before the change of

8   address.

9   (2) mail forwarded by the Attorney General to the

10  program participant's confidential address is returned as

11  nondeliverable;

12  (3) a program participant fails to file a new

13  application within 30 days after becoming 18 years of age;

14  (4) a program participant is unable or unwilling to

15  maintain the confidentiality of the program participant's

16  confidential address;

17  (5) a program participant fails to respond to the

18  program's request for verification of the participant's

19  residential address within 7 days; or

20  (6) a program participant is no longer an eligible

21  person as defined in Section 10.

22  (c) A person whose certification is cancelled for any

23 reason listed in subsections (a) or (b) may reapply to the

24 program at any time after the person's certification has been

25 cancelled. The Attorney General may cancel certification of a

26 program participant if mail forwarded by the Attorney General
    SB3506 Enrolled   - 107 - LRB104 19574 RLC 33022 b

1 to the program participant's address is returned as

2 nondeliverable.

3   (d) The Attorney General shall cancel certification of a

4 program participant who applies using false information.

5   (e) If a program participant loses certification or the

6 certification is cancelled, mail addressed to the former

7 program participant must be returned to the sender.

8 (Source: P.A. 91-494, eff. 1-1-00.)

9   (750 ILCS 61/25)

10  Sec. 25. Agency use of designated address.

11  (a) A program participant may request that State and local

12 agencies use the substitute address designated by the Attorney

13 General as the program participant's his or her address. When

14 creating a new public record, State and local agencies shall

15 accept the address designated by the Attorney General as a

16 program participant's substitute address, unless the Attorney

17 General has determined that:

18  (1) the agency has a bona fide statutory or

19  administrative requirement for the use of the address that

20  would otherwise be confidential under this Act; and

21  (2) this address will be used only for those statutory

22  and administrative purposes.

23  (b) A program participant may use the substitute address

24 address designated by the Attorney General as the program

25 participant's his or her work address.
    SB3506 Enrolled   - 108 - LRB104 19574 RLC 33022 b

1   (c) The office of the Attorney General shall forward only

2 all first class mail to the appropriate program participants

3 within 7 business days. Mail for cancelled participants or

4 mail that cannot be forwarded within 7 business days shall be

5 returned to sender. Program participants who withdraw from the

6 program may provide a new mailing address and request to have

7 mail forwarded for 30 days following their withdrawal.

8 (Source: P.A. 91-494, eff. 1-1-00.)

9   (750 ILCS 61/30)

10  Sec. 30. Voting by program participant; use of designated

11 address by election authority.

12  (a) A program participant who is otherwise qualified to

13 vote may register to vote by submitting an Illinois Address

14 Confidentiality Program Voter Registration Application created

15 by the State Board of Elections to the appropriate election

16 authority. The State Board of Elections shall adopt rules to

17 ensure the integrity of the voting process and the

18 confidentiality of the program participant. Upon request, the

19 election authority shall transmit the vote by mail ballot to

20 the program participant at the address designated by the

21 participant in the applicant's his or her application. Neither

22 the name nor the address of a program participant shall be

23 included in any list of registered voters available to the

24 public.

25  (b) The election authority may not make the participant's
    SB3506 Enrolled          - 109 - LRB104 19574 RLC 33022 b

1 address contained in voter registration records available for

2 public inspection or copying except under the following

3 circumstances:

4   (1) if requested by a law enforcement agency, to the

5   law enforcement agency; and

6   (2) if directed by a court order, to a person

7   identified in the order.

8 (Source: P.A. 102-292, eff. 1-1-22.)

9   (750 ILCS 61/35)

10  Sec. 35. Disclosure of address prohibited; exceptions. The

11 Attorney General may not make a program participant's

12 confidential address, other than the address designated by the

13 Attorney General, available for inspection or copying, except

14 under the following circumstances:

15  (a) if requested by a law enforcement agency, to the

16  law enforcement agency;

17  (b) if directed by a court order, to a person

18  identified in the order; and

19  (c) (blank).

20  A program participant's address and phone number on file

21 with the Attorney General are not subject to disclosure under

22 the Freedom of Information Act.

23 (Source: P.A. 102-292, eff. 1-1-22.)

24  (750 ILCS 61/40)
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1   Sec. 40. Assistance for program applicants. The Attorney

2 General may shall designate State and local agencies and

3 nonprofit agencies that provide counseling and shelter

4 services to victims of domestic violence, sexual assault,

5 human trafficking, or stalking to assist persons applying to

6 be program participants. Any assistance and counseling

7 rendered by the office of the Attorney General or its

8 designees to applicants shall in no way be construed as legal

9 advice.

10 (Source: P.A. 101-270, eff. 1-1-21; 102-292, eff. 1-1-22.)

11  Section 99. Effective date. This Act takes effect January

12 1, 2027, except as follows: (i) the changes to Section 2 of the

13 Sexual Assault Survivors Emergency Treatment Act take effect

14 June 1, 2027; (ii) the changes to Section 8.5 of the Rights of

15 Crime Victims and Witnesses Act take effect July 1, 2026; and

16 (iii) this Section takes effect July 1, 2026.
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