410 ILCS 70/6.5

in effect

(410 ILCS 70/6.5) (Text of Section before amendment by P.A. 104-837) Sec. 6.5. Written consent to the release of sexual assault evidence for testing. (a) Upon the completion of a medical forensic examination, the health care professional providing the medical forensic examination shall provide the patient the opportunity to sign a written consent to allow law enforcement to submit the sexual assault evidence for testing, if collected. The written consent shall be on a form included in the sexual assault evidence collection kit and posted on the Illinois State Police website. The consent form shall include whether the survivor consents to the release of information about the sexual assault to law enforcement. (1) A survivor 13 years of age or older may sign the written consent to release the evidence for testing. (2) If the survivor is a minor who is under 13 years of age, the written consent to release the sexual assault evidence for testing may be signed by the parent, guardian, or agent acting under a health care power of attorney. If a parent, guardian, or health care power of attorney is not available or unwilling to release evidence, then a State's Attorney or the Attorney General may petition the court to authorize its release for testing. (3) If the survivor is an adult who has a guardian of the person, a health care surrogate, or an agent acting under a health care power of attorney, the consent of the guardian, surrogate, or agent is not required to release evidence and information concerning the sexual assault or sexual abuse. If the adult is unable to provide consent for the release of evidence and information and a guardian, surrogate, or agent under a health care power of attorney is unavailable or unwilling to release the information, then an investigating law enforcement officer may authorize the release. (4) Any health care professional or health care institution, including any hospital or approved pediatric health care facility, who provides evidence or information to a law enforcement officer under a written consent as specified in this Section is immune from any civil or professional liability that might arise from those actions, with the exception of willful or wanton misconduct. The immunity provision applies only if all of the requirements of this Section are met. (b) The hospital or approved pediatric health care facility shall keep a copy of a signed or unsigned written consent form in the patient's medical record. (c) If a written consent to allow law enforcement to hold the sexual assault evidence is signed at the completion of the medical forensic examination, the hospital or approved pediatric health care facility shall include the following information in its discharge instructions: (1) the sexual assault evidence will be stored for 10 years from the completion of an Illinois State Police Sexual Assault Evidence Collection Kit, or 10 years from the age of 18 years, whichever is longer; (2) a person authorized to consent to the testing of the sexual assault evidence may sign a written consent to allow law enforcement to test the sexual assault evidence at any time during that 10-year period for an adult victim, or until a minor victim turns 28 years of age by (A) contacting the law enforcement agency having jurisdiction, or if unknown, the law enforcement agency contacted by the hospital or approved pediatric health care facility under Section 3.2 of the Criminal Identification Act; or (B) by working with an advocate at a rape crisis center; (3) the name, address, and phone number of the law enforcement agency having jurisdiction, or if unknown the name, address, and phone number of the law enforcement agency contacted by the hospital or approved pediatric health care facility under Section 3.2 of the Criminal Identification Act; and (4) the name and phone number of a local rape crisis center. (d) This Section is effective on and after January 1, 2024. (Source: P.A. 104-386, eff. 1-1-26.) (Text of Section after amendment by P.A. 104-837) Sec. 6.5. Written consent to the release of sexual assault evidence for testing. (a) Upon the completion of a medical forensic examination, the health care professional providing the medical forensic examination shall provide the patient the opportunity to sign a written consent to allow law enforcement to submit the sexual assault evidence for testing, if collected. The written consent shall be on a form included in the sexual assault evidence collection kit and posted on the Illinois State Police website. The consent form shall include whether the survivor consents to the release of information about the sexual assault to law enforcement. A sexual assault survivor who lacks decisional capacity cannot provide consent under this Section. (1) The sexual assault survivor is determined to have decisional capacity. A sexual assault survivor who is determined to have decisional capacity may sign the written consent to release the evidence for testing. (2) The sexual assault survivor is a minor and lacks decisional capacity. If the survivor is a minor who lacks decisional capacity, the written consent to release the sexual assault evidence for testing may be signed by the sexual assault survivor's parent; guardian; spouse, if married; or power of attorney for health care. If a parent, guardian, spouse, or power of attorney for health care is not available or unwilling to release evidence, then a State's Attorney acting in his or her capacity to investigate or prosecute a violation of the criminal laws of this State, or the Attorney General, acting in his or her capacity to investigate or prosecute a violation of the criminal laws of this State, may petition the court to authorize its release for testing. Hearings on such petitions shall be ex parte and not require notice to, nor the appearance in court, of any other party. Any such petition shall state why there is reasonable suspicion to believe that: (i) the sexual assault survivor is a minor and cannot consent to the release of evidence for testing; (ii) a medical forensic examination was provided to such minor; (iii) such medical forensic examination resulted in the collection of evidence from such minor which could lead to the identification of the perpetrator of the sexual assault or sexual abuse; and (iv) reasonable efforts have been made to obtain written consent for the release of said evidence from a parent, guardian, spouse, or power of attorney for health care, but they were unavailable or unwilling to release the evidence for testing. (3) The sexual assault survivor is an adult and lacks decisional capacity. If the survivor is an adult who lacks decisional capacity, the written consent to release the sexual assault evidence for testing may be signed by the sexual assault survivor's guardian; spouse, if married; or power of attorney for health care. If a guardian, spouse, or power of attorney for health care is unavailable or unwilling to release the information, then a State's Attorney, acting in his or her capacity to investigate or prosecute a violation of the criminal laws of this state, or the Attorney General, having assumed the role of criminal prosecutor for such matters, may petition the court to authorize its release for testing. Hearings on such petitions shall be ex parte and not require notice to, nor the appearance in court, of any other party. Any such petition shall state why there is reasonable suspicion to believe that: (i) the sexual assault survivor is unable to consent to the release of the evidence for testing; (ii) a medical forensic examination was provided to such sexual assault survivor; (iii) such medical forensic examination resulted in the collection of evidence from such sexual assault survivor which could lead to the identification of the perpetrator of the sexual assault or sexual abuse; and (iv) reasonable efforts have been made to obtain written consent for the release of said evidence from a guardian, spouse, or power of attorney for health care, but they were unavailable or unwilling to release the evidence for testing. (b) With the exception of willful or wanton misconduct, any health care professional or health care institution, including any hospital or approved pediatric health care facility, who provides evidence or information to a law enforcement officer under a written consent as specified in this Section is immune from any civil, professional, or other liability or actions that might arise from those actions. The immunity provision applies only if all of the requirements of this Section are met. (c) The hospital or approved pediatric health care facility shall keep a copy of a signed or unsigned written consent form in the patient's medical record. (d) If a written consent to allow law enforcement to hold the sexual assault evidence is signed at the completion of the medical forensic examination, the hospital or approved pediatric health care facility shall include the following information in its discharge instructions: (1) the sexual assault evidence will be stored for 10 years from the completion of an Illinois State Police Sexual Assault Evidence Collection Kit, or 10 years from the age of 18 years, whichever is longer; (2) a person authorized to consent to the testing of the sexual assault evidence may sign a written consent to allow law enforcement to test the sexual assault evidence at any time during that 10-year period for an adult victim, or until a minor victim turns 28 years of age by (A) contacting the law enforcement agency having jurisdiction, or if unknown, the law enforcement agency contacted by the hospital or approved pediatric health care facility under Section 3.2 of the Criminal Identification Act; or (B) by working with an advocate at a rape crisis center; (3) the name, address, and phone number of the law enforcement agency having jurisdiction, or if unknown the name, address, and phone number of the law enforcement agency contacted by the hospital or approved pediatric health care facility under Section 3.2 of the Criminal Identification Act; and (4) the name and phone number of a local rape crisis center. (e) This Section is effective on and after January 1, 2024. (Source: P.A. 104-386, eff. 1-1-26; 104-837, eff. 1-1-27.)

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.ilga.gov/legislation/ilcs/ilcs.aspFetched: 10/17/2026