720 ILCS 5/11-1.10
2021 Illinois Compiled Statutes|Chapter 720 - CRIMINAL OFFENSES|720 ILCS 5/ - Criminal Code of 2012.|Title III - Specific Offenses

 (was 720 ILCS 5/12-18)Sec. 11-1.10. General provisions concerning offenses described in Sections 11-1.20 through 11-1.60.(a) No person accused of violating Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60  of this Code shall be presumed to be incapable of committing an offense  prohibited by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code  because of age, physical condition or relationship to the victim.  Nothing in this Section  shall be construed to modify or abrogate the affirmative defense of infancy  under Section 6-1 of this Code or the provisions of Section 5-805 of the  Juvenile Court Act of 1987.(b) Any medical examination or procedure which is conducted by a physician,  nurse, medical or hospital personnel, parent, or caretaker for purposes  and in a manner consistent with reasonable medical standards is not an offense  under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.(c) (Blank).(d) (Blank).(e) The prosecuting State's Attorney shall seek an order from the court to compel the accused to be tested for any sexually  transmissible disease, including a test for infection with  human immunodeficiency virus (HIV), within 48 hours:(1)  after a finding at a preliminary hearing that     there is probable cause to believe that an accused has committed a violation of Section 11-1.20, 11-1.30, or 11-1.40  of this Code, or(2) after an indictment is returned charging an     accused with a violation of Section 11-1.20, 11-1.30, or 11-1.40 of this Code, or(3) after a finding that a defendant charged with a     violation of Section 11-1.20, 11-1.30, or 11-1.40  of this Code is unfit to stand trial pursuant to Section 104-16 of the Code of Criminal Procedure of 1963 where the finding is made prior to the preliminary hearing, or(4) after  the request of the victim of the violation     of Section 11-1.20, 11-1.30, or 11-1.40.The medical tests shall be  performed only  by appropriately licensed medical practitioners.  The testing shall consist of a test approved by the Illinois Department of Public Health to determine the presence of HIV infection, based upon recommendations of the United States Centers for Disease Control and Prevention; in the event of a  positive result, a reliable supplemental  test based upon recommendations of the United States Centers for Disease Control and Prevention shall be administered.  The results of the tests and any follow-up tests shall be  kept  strictly confidential by all medical personnel involved in the testing and  must be personally delivered in a sealed envelope to the victim, to the defendant, to the State's Attorney, and to the  judge who entered the order, for the judge's inspection in camera.  The judge shall provide to the victim a referral to the Illinois Department of Public Health HIV/AIDS toll-free hotline for counseling and information in connection with the test result. Acting  in accordance with the best interests of the victim and the public, the  judge shall have the discretion to determine to whom, if anyone, the result  of the testing may be revealed; however, in no case shall the identity of  the victim be disclosed.  The court shall order that the cost of the tests  shall be paid by the county, and shall be taxed as costs against the accused  if convicted.(f) Whenever any law enforcement officer has reasonable cause to believe  that a person has been delivered a controlled substance without his or her  consent, the law enforcement officer shall advise the victim about seeking  medical treatment and preserving evidence.(g) Every hospital providing emergency hospital services to an alleged  sexual assault survivor, when there is reasonable  cause to believe that a person has been delivered a controlled substance  without his or her consent, shall designate personnel to provide:(1) An explanation to the victim about the nature and     effects of commonly used controlled substances and how such controlled substances are administered.(2) An offer to the victim of testing for the     presence of such controlled substances.(3) A disclosure to the victim that all controlled     substances or alcohol ingested by the victim will be disclosed by the test.(4) A statement that the test is completely voluntary.(5) A form for written authorization for sample     analysis of all controlled substances and alcohol ingested by the victim.A physician licensed to practice medicine in all its branches may agree to  be a designated person under this subsection.No sample analysis may be performed unless the victim  returns a signed written authorization within 30 days    after the sample was  collected.Any medical treatment or care under this subsection shall be only in  accordance with the order of a physician licensed to practice medicine in all  of its branches.  Any testing under this subsection shall be only in accordance  with the order of a licensed individual authorized to order the testing.  (Source: P.A. 97-1109, eff. 1-1-13; 98-761, eff. 7-16-14.)