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* Rep. Walker…
A new law spearheaded by state Rep. Mark Walker, D-Arlington Heights, will strengthen consent laws, hold rapists accountable and provide justice for survivors of sexual assault.
“This law will close a loophole in our system that was allowing offenders to avoid prosecution by unfairly shifting blame on the survivors,” Walker said. “If someone becomes intoxicated by their own hand, in absolutely no way does that excuse criminal behavior directed toward them.”
Walker’s House Bill 5441 adds language to the state’s definition of “unable to give knowing consent” by specifying that one cannot give consent if they are too intoxicated due to voluntary consumption of drugs or alcohol. Before Walker’s proposal, Illinois statute only indicated that one is unable to give consent if the rapist administers drugs or alcohol that would cause the victim to become unconscious and the offender was reasonably aware of their condition.
“The existing system underscored a stigma in society that suggests that victims deserve to be blamed or are somehow responsible for sexual assault,” Walker said. “Today we’re standing with survivors. I am deeply thankful for the advocates and survivors who came forward to make today a reality. There’s still much more work to do, but today was an important step in the right direction.”
* Governor’s office…
Today Governor JB Pritzker signed two bills aimed at making medical and legal care for victims of sexual assault broader and more accessible. HB5441 amends Illinois Criminal Code to specify that someone is unable to give consent when intoxicated, even when the accused assaulter didn’t provide the substance that intoxicated them. SB3023 expands where survivors can access treatment and for how long, as well as requiring Federally Qualified Health Centers to provide medical forensic services by trained professionals.
“We cannot have a justice system that re-traumatizes those forced to utilize it,” said Governor Pritzker. “To survivors in our state: there are no words to lessen the unimaginable trauma and pain you’ve been through. I want you to know that your Governor hears you. When you speak out, our systems will respond. It is our responsibility to give you the autonomy and justice that you deserve.”
“Compassionate policy making is good government and values people and their wellbeing by putting resources and services in place that matter,” said Lt. Governor Juliana Stratton. “This legislation does that, by ensuring that there are avenues of crucial support for survivors of sexual assault seeking the justice and healing they deserve.”
The expanded definition of consent outlined under HB5441 provides that the accused abuser knew or reasonably should have known the victim was under the influence of drugs or alcohol. The Illinois Coalition Against Sexual Assault, among others, advocated for this change to provide a clearer path for prosecution against perpetrators of sexual assault on impaired victims. Many sexual assault cases are thrown out due to negative perceptions around voluntary drinking or drug use, preventing victims from seeking justice against their attacker.
The issue was brought to State Rep. Mark Walker’s (D-Chicago) attention by Kaylyn Ahn, an 18-year-old who suffered a sexual assault while inebriated and was told the case likely would not be prosecuted for that reason. Walker, whose office Ahn had previously worked in, sponsored the legislation after hearing her story. Ahn testified in front on legislators in Springfield in support of the bill.
The amendments to the Sexual Assault Survivors Emergency Treatment Act (SASETA) outlined in SB3023 are the result of recommendations made by the Sexual Assault Medical Forensic Services Implementation Task Force, a group formed to examine the healthcare needs of sexual assault survivors and determine necessary policy changes. SASETA governs the health care that hospitals, and now qualified health centers, are required to provide victims to of sexual assault.
This new legislation allows survivors to access care under the act for 180 days, doubling the time window and extending access to those unable to receive care in the first few months after an incident. SB3203 guarantees that a victim seeking medical treatment will have access to a trained medical forensic examiner, as well as other medical staff specifically trained to best care for victims of sexual assault. Trauma-informed sexual assault treatment is important to prevent further distress for the victim, which can deter victims from reporting an assault or pursuing or continuing treatment. Training is also key to give providers the skills to collect potential evidence without contamination or destruction of that evidence.
The bill also allows victims to decline to bill their health insurance provider for the cost of emergency care if they themselves are not the primary policy holder. This allows those seeking treatment after abuse from partners or family members who share in their insurance policy to maintain confidentiality and avoid additional danger.
Governor Pritzker has spearheaded several other initiatives to protect survivors of sexual violence during his time in office. Earlier this year, Governor Pritzker announced that after decades of extensive sexual assault forensic backlogs, the number of pending sexual assault forensic assignments older than 180 days reached zero. Governor Pritzker also recently signed nation-leading legislation expanding protections for victims of sexual violence in Illinois National Guard.
“I am telling my story because my pain is not an individual loss but a systemic failure of a legal system that has time and again failed to protect us,” Kaylyn Ahn said. “No matter what you were wearing, what you were drinking, or whether you were in a relationship with them, rape is never your fault. In signing this bill, we are listening to the power of survivors.”
“There are still too many in our society who find ways to blame the victim as somehow responsible for sexual assault,” State Rep. Mark Walker (D-Chicago) said. “This has to stop. Anyone who would assault a person unable to give consent is a rapist and should be held entirely responsible. Our laws should ensure a survivor can seek justice and know our criminal justice system believes them and stands with them. This bill may be simple, but it will go a long way in ensuring more rapists will be brought to justice.”
“Survivors deserve a justice system that supports them during one of the most difficult times of their lives,” said State Senator Ann Gillespie (D-Arlington Heights). “HB5441 removes a loophole that should never have existed and allows survivors to seek justice.”
“The trauma associated with sexual assault is already profound – the last thing survivors need is the added stress of a lack of privacy and confidentiality,” said State Senator Julie Morrison (D-Lake Forest). “SB3023 will allow people to feel more secure in seeking a rape exam.”
“Survivors of sexual assault deserve a system that that supports them and provides them with justice and support – not works against them,” said State Senator Melinda Bush (D-Grayslake). “By addressing loopholes in current law and providing survivors with more access to care, we are giving them greater means to cope and grieve.”
“Survivors of sexual assault need the system to work a lot better for them to seek and receive health care services as they process the trauma they’ve been through,“ said State Senator Mike Simmons (D-Chicago). “This measure provides a significant improvement by removing costs, bills, and increases the timeline during which survivors can access treatment. I am honored to support this legislation.”
“As a longtime advocate for survivors, getting to work on these bills is an honor,” said State Rep. Kelly Cassidy (D-Chicago). “Working with survivors who use their experience to engage in advocacy to ensure others are better protected than they were is awe-inspiring. Ensuring that survivors have access to appropriate care both at the time of their assault and afterward is a fundamental responsibility of our criminal justice and health systems. Similarly, our criminal justice system must constantly examine systems, procedures, and preconceived notions to ensure that we remove barriers to reporting by survivors.”
“Outdated policies unfortunately failed to protect vulnerable individuals by ensuring accountability and to support survivors with compassion and understanding of the trauma that results from one of the most horrific crimes there is,” said Rep. LaKesia Collins (D-Chicago). “These bills, which I am pleased to see Governor Pritzker sign into law, close loopholes and increase access to resources—both of which will better protect the most vulnerable Illinoisans.”
“The Illinois Coalition Against Sexual Assault applauds the passage and signing of HB 5441 and SB 3023. These important pieces of legislation affirm essential, common-sense protections and services warranted for survivors of sexual violence. HB 5441 recognizes affirmative consent as the baseline for sexual contact and helps ensure perpetrators do not escape prosecution solely because they did not personally drug a survivor before committing sexual violence. SB 3023 expands survivor access to necessary medical treatment in a timeframe that is consistent with national recommendations and provides a clearer path to navigating the complicated steps often involved with managing insurance claims and related documentation. ICASA fully supports the improved access to legal and medical services resulting from these bills,” said Carrie Ward, Chief Executive Officer, Illinois Coalition Against Sexual Assault
“Updating the definition of intoxication in our criminal code and doubling the amount of time survivors have to seek reimbursable medical attention expands their options for justice and care in the aftermath of sexual assault. We are proud of the survivors who advocated for these changes and celebrate their signing,” said Mallory Littlejohn, Legal Director at the Chicago Alliance Against Sexual Exploitation
“This bill provides survivors with more options during their difficult times,” said Monika Pitzele, MD., PHD. “By allowing them to opt out from using private insurance, it will increase access to care for those concerned for their privacy or confidentiality. It will also provide better health care by extending the duration of the voucher for follow up visits and treatments.”
* Sen. Fine…
Human services professionals may soon have access to student loan repayment assistance, thanks to a law led by State Senator Laura Fine (D-Glenview).
“Human services workers provide life-changing services to some of our most vulnerable communities,” Fine said. “It is past time that we provide them with much-needed assistance.”
Employees in the human services industry include welfare caseworkers, youth service providers, social workers, and many other positions specializing in working with marginalized communities. However, the industry is experiencing a shortage in employees, partially due to financial barriers. Many of these professions require a bachelor’s or master’s degree. However, salaries do not often match the educational achievements, and many human service workers struggle to pay off their student loans.
Fine’s law encourages more students to enter this rewarding and essential workforce by providing student loan repayment plans for employees of community-based human services agencies. The law works to combat the critical worker shortage for the industry and provides assistance to many current human services workers, many of whom are women and people of color.
“While it is necessary for human services professionals to have specialized degrees to work with at-risk communities, possible student debt should not be a deterrent for interested students,” Fine said. “This loan repayment program will help ensure that the cost of tuition is no longer a financial roadblock when pursuing a career in human services.”
Senate Bill 3925 was signed into law June 10, 2022. It takes effect immediately.
* Governor’s office…
Governor JB Pritzker today designated the eastern milksnake as the official snake of the State of Illinois.
House Bill 4821 began as an initiative led by Gentry Heiple, a 7th grader at Carterville Junior High School. Gentry was inspired to advocate for this legislation after reaching out to State Rep. Dave Severin (R-Benton) to inquire about how a bill becomes a law. Gentry conducted all the research and ultimately chose the eastern milksnake. He presented his idea to the House of Representatives State Government Administration Committee who gave unanimous consent.
The eastern milksnake is found all across Illinois – it lives in fields, woodlands, rocky hills, and river bottoms. The milksnake ranges from 24 to 36 inches in length, has smooth scales, large blotches with brown or black borders, and a y- or v-shaped mark on its head. It is not a poisonous snake and are even bred as pets.
Illinois recognizes several other official symbols of the state, including; state bird- the Northern Red Cardinal, state flower- the violet, state tree- the white oak, and state fish- the bluegill. Governor Pritzker signed a bill designating dolostone as the state rock earlier this month after a successful campaign also carried out by students learning about the civic process. More officially designated state flora and fauna can be found on the Illinois DNR website.
“I couldn’t be prouder of our young Illinoisans, like Gentry Heiple, who have gotten involved in our state’s legislative process,” said Governor JB Pritzker. “I am honored to sign this bill into law declaring the eastern milksnake the official snake of Illinois. Gentry, may you continue to use your voice to advocate for change—making our state better one bill at a time.”
“I truly enjoyed working with Gentry and his mother on this project,” said State Representative Dave Severin (R-Benton). “Gentry had the idea, did all the research, and bravely presented his idea to the House State Government Administration Committee. I am especially pleased that this bill is receiving the Governor’s signature, and that my office was able to help facilitate connecting a local student to the legislative process.”
“I was honored to carry this legislation over from the House and sponsor a bill that not only established an official state snake but brought to life the vision of 11-year-old Gentry Heiple, from Southern Illinois who took the initiative in making sure our state indeed had an official snake,” said State Senator Dale Fowler (R-Harrisburg).
“I decided to do this bill to try and highlight the good and importance of snakes all over,” said Gentry Heiple. “And by doing this I was able to visit the capitol and meet some of the most important people in Illinois. And I am very grateful and appreciative of all the people who supported me and voted yes on the bill. I was surprised to see the amount of people with such fear be so intrigued and supportive of this snake bill.”
* Rep. Ramirez…
State Representative Delia C. Ramirez, D-Chicago, is celebrating the signing of HB 5581, which designates Illinois Route 21/Milwaukee Ave from Sangamon St. in Chicago to Greenwood Rd. in the Village of Niles as the Milwaukee Avenue Polish Heritage Corridor. The bill, introduced and sponsored by Ramirez, was signed into law by Governor JB Pritzker on June 10, 2022.
“Our city and state are richer and fuller due to the many contributions from the Polish American community” said Rep. Ramirez. “Establishing this Polish Heritage Corridor is an opportunity for us to acknowledge, reflect, and celebrate the rich cultural heritage of Polish Americans in Chicago and throughout our state. Investing in and celebrating the unique cultural heritage of the communities I represent has been an important part of my work in the state legislature. I am proud to have led this initiative and demonstration of Illinois’ deep and historic connection to Polish history and culture.”
According to the U.S. Census Bureau, from 2016-2020 people with Polish ancestry made up, on average, around 2.7% of those living in the United States and around 6.6% of Illinois residents, giving Illinois one of the highest proportions of residents with Polish ancestry in the nation.
The new law authorizes the Illinois Department of Transportation to erect plaques along the Corridor in recognition of its new status.
“I am pleased that Gov. Pritzker has signed this important bill into law,” said Ramirez. “I look forward to working with the administration as we continue to partner in honoring, investing in, and preserving the unique cultural heritage and legacy of Illinois’ diverse communities.”
posted by Rich Miller
Thursday, Jun 16, 22 @ 2:17 pm
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Good on you, Mark.
Comment by PublicServant Thursday, Jun 16, 22 @ 2:50 pm
Kaylyn is a hero. To take something so awful and pivot to changing our laws for the better — and all at 18 years old. The Tribune did a good feature on her story a few weeks ago. I, for one, can’t wait to see what incredible things she does next.
Comment by Panther Pride Thursday, Jun 16, 22 @ 3:09 pm
Some solid bills here. I’m actually surprised that some parts of the sexual assault bills weren’t already law. Glad to see Illinois is one of the states moving forward, not backwards, on sexual assault.
The second one hits close to home. I worked in social services for 11 years and it’s a brutal living. Pay is terrible and employees come in and out through a revolving door. With more lucrative options, it’s just going to get worse. Hopefully this will stanch the hemorrhaging.
Comment by Proud Papa Bear Thursday, Jun 16, 22 @ 3:40 pm
Legislation like this reminds me why I’m raising my daughters in Illinois. Please Google ‘John Barnes’ and Louisiana if you want to be absolutely horrified by a sexual assault victim being forced to pay child support to her rapist and then having her child taken away and ALSO assaulted by her ‘father’! And connections to a hillbilly red state judge and the brother of the Democratic governor top it all off.
Comment by Chicago Blue Thursday, Jun 16, 22 @ 4:57 pm
Thank you Walker (banned punctuation). This is not only the very right thing, but remarkable by comparison to Louisiana where a judge is requiring a woman to give her rapist child support for her 16 year old child. Men standing up for….mostly…women assaulted is great ally work Walker.
Comment by Amalia Thursday, Jun 16, 22 @ 5:41 pm