IllinoisSB1602104th General Assembly (2025–2026)SenateWALLET

SEXUAL ASSAULT TREATMENT

Sponsored By: Julie A. Morrison (Democratic)

Signed by Governor

Summary

Amends the Sexual Assault Survivors Emergency Treatment Act. Defines "acute sexual assault" as a sexual assault that has recently occurred within a specified time. Replaces various references to "sexual assault" with "acute sexual assault". Deletes the definition of "prepubescent sexual assault survivor". Changes provisions regarding hospitals located in counties with a population of less than 1,000,000 and within a 20-mile radius of a 4-year public university with respect to a sexual assault treatment plan approved by the Department of Public Health. Makes changes in various provisions concerning plans of correction and penalties for hospitals that commit specified violations of the Act. In provisions regarding requirements for medical forensic services, provides that the provisions of the Act are not intended to prohibit a qualified medical provider from offering an Illinois Sexual Assault Evidence Collection Kit to a sexual assault survivor who presents at a treatment hospital or approved pediatric health care facility with a nonacute complaint of sexual assault if there is a compelling reason for evidence collection, or upon the request of the survivor. In provisions regarding the prohibition on billing sexual assault survivors directly for certain services, changes references to the Office of the Attorney General to references to the Department of Healthcare and Family Services.

assignmentshealth and human servicesexecutive

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Bill Overview

Analyzed Economic Effects

14 provisions identified: 11 benefits, 1 costs, 2 mixed.

Survivors are protected from medical bills

Since January 1, 2024, providers cannot bill survivors for covered outpatient exams, care, transportation, follow-up care, or medicines. This includes deductibles, copays, coinsurance, denied claims, and other covered out-of-pocket costs; inpatient services may still be billed. Providers cannot pursue collections, report unpaid covered bills to credit agencies, or take related action against survivors or their families. Survivors who are not their private insurance policy's primary holder can decline insurer billing and use the state payment program. Facilities must give written notices about billing protections, follow-up vouchers, and Attorney General help, and create billing protocols within 60 days after treatment-plan approval.

Facilities must track and preserve evidence

Since January 1, 2024, covered facilities must follow state police evidence collection and tracking rules and notify police within four hours after an exam ends. They must notify police again if evidence remains after five days; continued failure to collect it triggers notice to the county prosecutor within 14 days of collection. Evidence must be stored for 10 years after kit completion or until 10 years after the survivor turns 18, whichever is longer. Authorized people can request testing during that period, including until age 28 for survivors who were minors. Exam records and photos must be kept until age 78 for minors, or 20 years after creation for adults, with legally limited access.

Children get clearer assault care pathways

Since January 1, 2024, covered transfer hospitals must offer medically stable children and non-offending parents or guardians a choice of transfer destinations. Options include the designated approved pediatric facility during posted hours or a treatment hospital; staff must arrange a chosen pediatric-facility transfer. An immediate transfer during posted hours requires the exam to begin within 90 minutes after arrival. Pediatric facilities also face that arrival-based deadline when a child arrives, or police or child-protection staff request an exam, during posted hours. Hospitals approved to transfer children can gain permission to examine them with a pediatric-qualified provider; approval lasts one year, is renewable, and requires progress toward treatment-hospital status and consultation with the receiving hospital.

Hospitals must arrange timely survivor care

Covered hospitals must have approved plans to transfer all acute survivors, examine all acute survivors, or transfer children and examine patients 13 and older. Forensic exams include evaluation, evidence collection, care, and discharge planning under a qualified provider at an approved treatment setting. Since January 1, 2024, treatment facilities must arrange for an exam to start within 90 minutes after an acute concern arises, without delaying life-saving care. The state must review transfer plans for patient burden, including distance, available providers, care capacity, and transportation. In counties below 1,000,000 people, hospitals within 20 miles of a four-year public university must have a regional plan with a treatment hospital within that radius.

Survivors can use nearby out-of-state hospitals

Illinois facilities can transfer survivors to qualifying hospitals in out-of-state counties bordering Illinois. The receiving hospital needs an Illinois-approved regional plan and must accept state oversight and applicable treatment requirements. It must offer acute survivors evidence collection, use Illinois evidence kits, and cooperate with Illinois police and courts. It cannot bill survivors for the exam or 180 days of follow-up care. It must arrange return transportation unless the survivor chooses another arrangement.

Survivors control consent for forensic exams

Since January 1, 2024, consent is required before forensic exams or evidence collection; survivors able to consent need nobody else's permission. For minors unable to consent, a parent, guardian, or health care agent can consent, but the survivor must agree. Adults unable to consent also must agree when a guardian or health care agent consents for them. Survivors 13 and older can authorize evidence testing; for children under 13, an authorized adult signs, or prosecutors can seek court approval when that adult is unavailable or unwilling. Facilities must give patients, and applicable non-offending parents or guardians, standard materials explaining exams, consent, and evidence collection benefits, risks, and timing.

Vouchers help pay for survivor care

The first hospital or approved pediatric facility where an eligible survivor seeks an exam or care must issue a voucher. Vouchers support payment for assault-related ambulance trips, exams, treatment, lab work, medicines, and follow-up care. Transfer hospitals providing care must also issue vouchers, and facilities must keep copies and provide them on request. Beginning January 1, 2026, providers must verify vouchers through the state's electronic system before receiving payment. Providers can ask the Department of Healthcare and Family Services to issue a missing voucher.

Pediatric exams require approved care plans

Beginning January 1, 2026, approved pediatric facilities need state-approved treatment plans before providing forensic exams for acute assault complaints. This applies to survivors under 18. The state must approve a plan that provides these exams for acute survivors under 18.

Survivor care payments have time limits

Since January 1, 2024, eligible forensic exams provided on or after July 1, 2022, receive provider payments. Payment is $1,000 or the allowable state rate, whichever is greater; other covered medical care uses allowable state rates. Follow-up reimbursement requires the survivor's consent and an order from a physician, advanced practice nurse, or physician assistant. It covers eligible office visits only within 180 days after the first assault-related visit, including exams, infection testing, and medicines. Facilities and providers are not required to offer follow-up care, and these payments go to providers, not survivors.

Survivor eligibility includes age-based care windows

The law includes people seeking forensic exams or medical treatment for injuries or trauma from sexual assault. Access to services for an acute assault depends on age and when the assault happened. For patients under 13, the assault must have occurred within the past 72 hours. For patients age 13 or older, the window is 168 hours, or seven days.

Survivors can choose evidence collection steps

Hospitals and approved pediatric facilities must offer every acute survivor an Illinois State Police evidence collection kit. Survivors may decline any part; a qualified provider uses clinical judgment, best practices, and the survivor's information to guide collection. Any evidence collected counts as a completed collection for the specified reporting purposes. Providers may also offer kits for nonacute complaints based on clinical judgment and best practices. Required evidence-collection information can be given in person, virtually, or by phone, considering the survivor's development and the assault's type and timing.

Survivors get contraception information and showers

Since January 1, 2024, covered facilities must give acute survivors accurate written and spoken information about emergency contraception. They must explain how and when it is available at no cost. Providing it requires a written order from a physician, advanced practice nurse, or physician assistant. After a medical evidentiary or physical exam, survivors must receive free access to an available shower.

State oversight supports survivor care standards

Since January 1, 2024, Illinois must operate a facility complaint system and support forensic-exam programs with grants where needed. Facilities generally have 10 business days to submit an acceptable correction plan and 60 days to carry it out. Missed deadlines can bring fines of $1,500 to under $3,000 initially, then $3,000 to under $5,000, paid into the Sexual Assault Services Fund. Beginning January 1, 2026, facility plans must address required child-abuse, long-term-care, adult-protection, and criminal-identification reporting; state reviewers need four hours of training. State reporting on facility plans begins July 1, 2026, with website posting by October 1, 2026, and quarterly updates afterward.

Survivor examiners must meet training standards

Nurse examiners need approved training or forensic nursing certification and an adult/adolescent or pediatric/adolescent designation matching those they treat. They can perform state-kit exams without a physician present or participating. Beginning January 1, 2026, the Attorney General must maintain a qualified-provider list covering eligible physicians, physician assistants, nurses, and child-abuse pediatricians. Listed examiners must verify continuing education and skills every three years, submit documents by April 30 in verification years, and complete a mock exam after a practice gap exceeding one year. Specified emergency clinicians who are not qualified examiners need at least two hours of sexual-assault continuing education every two years.

Sponsors & Cosponsors

Sponsor

  • Julie A. Morrison

    Democratic • Senate

Cosponsors

  • Adriane L. Johnson

    Democratic • Senate

  • Amy Elik

    Republican • House

  • Angelica Guerrero-Cuellar

    Democratic • House

  • Ann M. Williams

    Democratic • House

  • Anna Moeller

    Democratic • House

  • Anne Stava

    Democratic • House

  • Anthony DeLuca

    Democratic • House

  • Barbara Hernandez

    Democratic • House

  • Brad Stephens

    Republican • House

  • Bradley Fritts

    Republican • House

  • Christopher "C.D." Davidsmeyer

    Republican • House

  • Christopher Belt

    Democratic • Senate

  • Curtis J. Tarver, II

    Democratic • House

  • Dagmara Avelar

    Democratic • House

  • Daniel Didech

    Democratic • House

  • Dave Severin

    Republican • House

  • Dave Vella

    Democratic • House

  • Diane Blair-Sherlock

    Democratic • House

  • Doris Turner

    Democratic • Senate

  • Edgar González, Jr.

    Democratic • House

  • Gregg Johnson

    Democratic • House

  • Harry Benton

    Democratic • House

  • Hoan Huynh

    Democratic • House

  • Jackie Haas

    Republican • House

  • Jaime M. Andrade, Jr.

    Democratic • House

  • Javier L. Cervantes

    Democratic • Senate

  • Jennifer Gong-Gershowitz

    Democratic • House

  • John M. Cabello

    Republican • House

  • Joyce Mason

    Democratic • House

  • Kam Buckner

    Democratic • House

  • Karina Villa

    Democratic • Senate

  • Kelly M. Cassidy

    Democratic • House

  • Kevin Schmidt

    Republican • House

  • Kimberly A. Lightford

    Democratic • Senate

  • Laura Faver Dias

    Democratic • House

  • Laura M. Murphy

    Democratic • Senate

  • Li Arellano, Jr.

    Republican • Senate

  • Lilian Jiménez

    Democratic • House

  • Lindsey LaPointe

    Democratic • House

  • Martha Deuter

    Democratic • House

  • Mary Beth Canty

    Democratic • House

  • Mary Edly-Allen

    Democratic • Senate

  • Mary Gill

    Democratic • House

  • Matt Hanson

    Democratic • House

  • Maura Hirschauer

    Democratic • House

  • Maurice A. West, II

    Democratic • House

  • Meg Loughran Cappel

    Democratic • Senate

  • Michael Crawford

    Democratic • House

  • Michael J. Kelly

    Democratic • House

  • Michael W. Halpin

    Democratic • Senate

  • Michelle Mussman

    Democratic • House

  • Mike Porfirio

    Democratic • Senate

  • Napoleon Harris III

    Democratic • Senate

  • Nicole La Ha

    Republican • House

  • Nicolle Grasse

    Democratic • House

  • Norine K. Hammond

    Republican • House

  • Norma Hernandez

    Democratic • House

  • Rick Ryan

    Democratic • House

  • Ryan Spain

    Republican • House

  • Sharon Chung

    Democratic • House

  • Stephanie A. Kifowit

    Democratic • House

  • Steve Stadelman

    Democratic • Senate

  • Suzy Glowiak Hilton

    Democratic • Senate

  • Tony M. McCombie

    Republican • House

  • Travis Weaver

    Republican • House

  • Will Guzzardi

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 269 • No: 1

Senate vote • 5/31/2025

House Floor Amendment No. 1 Senate Concurs

Yes: 57 • No: 0

Senate vote • 5/27/2025

House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Health and Human Services;

Yes: 9 • No: 0

House vote • 5/23/2025

Third Reading - Short Debate - Passed

Yes: 103 • No: 1

House vote • 5/23/2025

House Floor Amendment No. 1 Recommends Be Adopted Executive Committee;

Yes: 12 • No: 0

House vote • 5/7/2025

Do Pass / Short Debate Executive Committee;

Yes: 11 • No: 0

Senate vote • 4/10/2025

Third Reading - Passed;

Yes: 56 • No: 0

Senate vote • 4/8/2025

Senate Floor Amendment No. 2 Recommend Do Adopt Health and Human Services;

Yes: 11 • No: 0

Senate vote • 3/19/2025

Do Pass as Amended Health and Human Services;

Yes: 10 • No: 0

Actions Timeline

  1. Public Act . . . . . . . . . 104-0386

    8/15/2025Senate
  2. Effective Date January 1, 2026

    8/15/2025Senate
  3. Governor Approved

    8/15/2025Senate
  4. Sent to the Governor

    6/27/2025Senate
  5. Added as Co-Sponsor Sen. Meg Loughran Cappel

    6/4/2025Senate
  6. Added as Co-Sponsor Sen. Steve Stadelman

    5/31/2025Senate
  7. Added as Co-Sponsor Sen. Doris Turner

    5/31/2025Senate
  8. Added as Co-Sponsor Sen. Christopher Belt

    5/31/2025Senate
  9. Added as Co-Sponsor Sen. Michael W. Halpin

    5/31/2025Senate
  10. Passed Both Houses

    5/31/2025Senate
  11. Senate Concurs

    5/31/2025Senate
  12. House Floor Amendment No. 1 Senate Concurs 057-000-000

    5/31/2025Senate
  13. Added as Chief Co-Sponsor Sen. Mary Edly-Allen

    5/31/2025Senate
  14. House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Health and Human Services; 009-000-000

    5/27/2025Senate
  15. House Floor Amendment No. 1 Motion to Concur Assignments Referred to Health and Human Services

    5/27/2025Senate
  16. House Floor Amendment No. 1 Motion to Concur Referred to Assignments

    5/27/2025Senate
  17. House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Julie A. Morrison

    5/27/2025Senate
  18. Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 27, 2025

    5/26/2025Senate
  19. Secretary's Desk - Concurrence House Amendment(s) 1

    5/26/2025Senate
  20. Added Alternate Co-Sponsor Rep. Hoan Huynh

    5/23/2025House
  21. Added Alternate Co-Sponsor Rep. Stephanie A. Kifowit

    5/23/2025House
  22. Added Alternate Co-Sponsor Rep. Michelle Mussman

    5/23/2025House
  23. Added Alternate Co-Sponsor Rep. Michael Crawford

    5/23/2025House
  24. Added Alternate Co-Sponsor Rep. Gregg Johnson

    5/23/2025House
  25. Added Alternate Co-Sponsor Rep. Kevin Schmidt

    5/23/2025House

Bill Text

  • Engrossed

  • Enrolled

  • House Amendment 1

  • Introduced

  • Senate Amendment 1

  • Senate Amendment 2

Related Bills

Back to State Legislation