Illinois AG highlights new law going into effect

Attorney General Kwame Raoul highlighted a new law initiated by his office that will go into effect Jan. 1 and will improve medical care and treatment for sexual assault survivors by making important updates to the Sexual Assault Survivors Emergency Treatment Act (SASETA) and the Illinois Sexual Assault Nurse Examiner (SANE) Program.

Raoul introduced Senate Bill (SB) 1602, which was sponsored in the General Assembly by State Sen. Julie Morrison and State Rep. Kelly Cassidy. The law builds on the work of the Sexual Assault Medical Forensic Services Implementation Task Force. The task force was created in 2018 and included experts from the Attorney General’s office, the Illinois Department of Public Health, hospitals, health care providers, law enforcement officials, advocates and legislators. The task force has worked diligently since being established by state statute to evaluate and strengthen SASETA. Last year, the task force issued its final report, which was crafted with input from more than 40 stakeholders in government and the medical community serving sexual assault survivors. 

“Sexual assault survivors deserve care that is accessible, adheres to best practices to minimize additional trauma and contributes to justice being served in their cases,” Raoul said. “The Illinois SANE Program helps provide quality, trauma-informed, patient-centered care to individuals during what is often the worst moment of their lives. I thank the legislative sponsors for their work on this important new law, and I am committed to continuing to work to support survivors.”

The Attorney General’s office developed the SANE Program in 2003 with assistance from the Illinois Coalition Against Sexual Assault, using a grant from the Illinois Criminal Justice Information Authority. SANEs are crucial in ensuring that individuals who have been sexually assaulted receive evidence-based, trauma-informed, patient-centered medical forensic examinations. These specially-trained nurses reduce the retraumatization of patients, address patients’ medical concerns and improve the quality of evidence collection, which can lead to better prosecution and conviction rates. 

The law will:

• Increase training opportunities for sexual assault nurse examiners and sexual assault forensic examiners at treatment hospitals with approved pediatric transfer.
• Clarify that enforcement of SASETA falls under the Illinois Department of Public Health (IDPH) and its existing complaint process. With clear and effective enforcement mechanisms in place, the state will be better able to hold those who violate the statute accountable.
• Clarify existing requirements for treatment hospitals located in different regions of the state to ensure that facilities are able to serve the community through an area-wide plan.
• Provide specific factors for IDPH to consider when determining whether a transfer is unduly burdensome for a patient.
• Increase survivor access to follow-up care by allowing transfer hospitals to receive reimbursement for medical care, treatment and follow-up care provided to survivors who decide they don’t want to transfer to a treatment hospital for a medical forensic examination and evidence collection.
• Offer best practices for providing care to pediatric survivors of sexual assault.
• Clarify consent for pediatric evidence collection and testing, which is currently confusing for providers, law enforcement, and the Department of Children and Family Services.
• Remove the Jan. 1, 2029 sunset for out-of-state hospitals to participate in Illinois sexual assault treatment plans, allowing these hospitals to continue participation.

SB 1602 was approved by the Legislature with bipartisan support and signed into law by Governor JB Pritzker in August. The new law is part of Raoul’s ongoing efforts to support victims and address violent crime throughout the state.

The Attorney General’s Violence Prevention and Crime Victim Services Division helps victims and families on their road to recovery with trauma-informed, statewide programs and resources. For additional information on services for crime victims or to report a violation of victims’ rights, please call the Attorney General’s Crime Victims Assistance Line at 1-800-228-3368 or visit the Attorney General’s website. For additional information about the SANE Program or to sign up for SANE trainings, please visit the Attorney General’s website.