Legislation Improves the Safety and Well-Being of Domestic and Sexual Violence Survivors

Four bills intended to improve the safety and well-being of domestic and sexual violence survivors have passed both houses of the Illinois General Assembly. The next step is for the bills to go to the governor for his signature.

House Bill 5300: SASETA Enforcement and Complaint Process

The Sexual Assault Survivors Emergency Treatment Act (SASETA), House Bill 5300, guarantees hospital emergency services for sexual assault survivors who receive injuries or trauma incurred from the sexual assault. Advocates have used SASETA to promote the health of survivors who may not be aware of their right to receive proper medical care.

Under SASETA, hospitals that provide medical or surgical hospital services must submit to the Illinois Department of Public Health (IDPH) a plan for hospital emergency services. The IDPH approve plans that provide for adequate hospital emergency services to sexual assault survivors and sufficient protection for survivors at risk of pregnancy. If hospitals do not comply with their approved plans, IDPH sends them a written list of specific areas needing correction. Hospitals must then make corrections within a certain time. H.B. 5300 amends and improves current law in the following ways:

• Requires IDPH to submit to the General Assembly an annual report of hospitals that have submitted a plan, hospitals that are in compliance with the SASETA, and hospitals that failed to submit an acceptable plan of correction or implement their approved plan. The report will be available on the IDPH’s website.
• Requires IDPH to implement a complaint system for violations of the SASETA. This will help the IDPH hold hospitals accountable for providing the required services and following through with their plans.
• Increases the maximum fine from $100 to $500 per day for hospitals that fail to submit an acceptable plan of correction or to implement the plan within the required time frame.

House Bill 4606: Criminal Statute of Limitations for Sexual Violence Crimes

House Bill 4606 amends the statute of limitations for the Criminal Code of 1961. The statute of limitations is the length of time given to a victim to report a crime so that it may be prosecuted. In many cases of sexual violence survivors may not report an offense immediately for reasons such as trauma associated with the offense, not knowing what resources are available to help them, or fear of coming forward. H.B. 4606 takes this into account by increasing, from within two years of the offense to within three years of the offense, the time survivors of criminal sexual assault, aggravated sexual assault, or aggravated criminal sexual abuse may report their claim to law enforcement. If they report the offense within three years, prosecution may begin within ten years of when the offense first occurred.

House Bill 4134: Crime Victims Compensation Act Amendments

The Crime Victims Compensation Act helps victims of violent crime and their families pay for crime-related expenses of up to $27,000. If persons qualify for compensation, the Act allows for the reimbursement of expenses that accrue because of the crime. For an overview of the Crime Victims Compensation Act, see http://www.povertylaw.org//advocacy/publications/crime-victims-compensation-pamphlet.pdf. H.B. 4134 amends the definition of what a violent crime is and thus what crimes are compensable. For compensation purposes, a violent crime includes domestic violence, sexual assault and abuse, stalking, sexual relations with family members, exploitation of a child, murder, involuntary manslaughter, reckless homicide, kidnapping, assault, battery, reckless conduct, driving under the influence, and arson. The amendment now adds hate crimes to the list of violent crimes. Additional changes in current law broaden who can be compensated and expands what compensation covers. For example, “victim” is now defined as the parent of a person (not just a child) killed or injured in Illinois as a result of a violent crime committed against the person. Another change expands what compensation will cover such as transportation expenses to and from medical and treatment facilities.

House Bill 4649: Bail for Persons Charged with Violent Crimes Against Family or Household Members

House Bill 4649 amends the Code of Criminal Procedure as it applies to the setting of bail for persons charged with a violent crime against a family or household member if the person charged was subject to the terms of an order of protection or was convicted of a violation of an order of protection, or if the arresting officer indicates in a written document that the victim suffered physical harm as a result of the offense or that the person charged had a deadly weapon at the time of the offense, or that the arresting officer reasonably believes that the charged person presents a credible threat of serious physical harm to the victim or to any person if released on bail before trial. H.B. 4649 sets out factors that the court must consider before setting bail for the charged person. These include a history of domestic violence or other violent acts; the mental health of the charged person; a history of violating any court orders; whether the charged person is a potential threat to any other person; whether the charged person has access to deadly weapons or a history of using deadly weapons; a history of drug or alcohol abuse; the severity of the alleged violence; a recent separation or termination of a relationship between the charged person and the victim; the charged person has exhibited obsessive or controlling behavior or expressed suicidal or homicidal ideations; and information accompanying the complaint such as police reports. The court may allow the charged person to appear before the court by videoconference to protect survivors from having to be in the same place as the person charged. If in the opinion of the court the appearance in court or by videoconference of a person charged with a misdemeanor is impractical, the court may waive the appearance and release the person on bail in the amount set by the court.

Volume 9, Issue 14
April 24, 2006

Funded in part by generous grants from the Chicago Foundation for Women and the Jo & Art Moore Family Fund.

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