6 New Laws That Support Survivors
July 1, 2019
After a busy legislative session, Governor J.B. Pritzker is signing a variety of bills into law. Many will help prevent sexual harm, support survivors, and promote reproductive justice in the State of Illinois. Here are the 6 we’re most excited about at CAASE:
1. Consent must be taught in public schools– HB3550 – Passed both Houses 5/29/19
Teaching consent in schools is critical for sexual safety, and it encourages personal and social responsibility among students. HB3550 amends the school code so that sex education course material and instruction for grades 6-12 includes discussion of consent, defining it as freely given agreement to sexual activity. The bill also outlines further curriculum guidelines as to what does and does not constitute consent to ensure accuracy and consistency for students. CAASE is proud to share that our Policy Associate, Madeleine Behr, testified in Springfield in an effort to pass this bill.
2. Prosecution of sexual assault can commence at any time after the offense– HB2135- Sent to Governor Pritzker 6/19/19
Victims of sexual violence may postpone reporting for a multitude of reasons including trauma, fear of retaliation, or feelings of shame. Once signed, this law will remove the statute of limitations for the prosecution of sex offenses for adult victims, allowing them to pursue justice when they are ready. Previously, prosecution of sexual assault could only occur within 10 years of the assault, if the victim reported the offense within three years of the incident. With HB2135’s amendment to the criminal code, prosecution for criminal sexual assault, aggravated criminal sexual assault, and aggravated criminal sexual abuse can occur at any time after the offense, so long as it occurred after the signing date.
3. An officer must check with the prosecutor before executing a warrant in specific situations– HB92- Sent to Governor Pritzker 6/12/19
Victims of sexual harm who have an outstanding warrant may avoid reporting or seeking medical attention for their assault because they fear being arrested. To address this barrier, HB92 establishes a verification step for any officer who comes into contact with someone reporting they are a victim of sexual assault or requesting or receiving medical assistance or medical forensic services for sexual assault. If the officer is aware of an outstanding warrant for the victim, they must contact the prosecuting authority (unless the warrant results from a forcible felony, a violent crime, or an alleged violation of parole/ mandatory supervision) to request permission to issue a notice to appear in lieu of executing the warrant. This bill’s amendment of the criminal code will ultimately protect more survivors seeking medical treatment.
4. The Reproductive Health Act– SB25 – signed 6/12/19
The RHA establishes reproductive health as a fundamental right for every individual in Illinois. The law states that anyone who becomes pregnant has the right to continue the pregnancy or have an abortion. It also requires insurance to cover abortion as it would other medical procedures while removing penalties for doctors who perform abortions. Its passage was especially critical as other states are rolling back reproductive rights, setting the stage for challenges at the federal level.
5. Pregnancy and Childbirth Rights– HB2- Passed both Houses 5/30/19
This bill establishes that every woman has certain rights in pregnancy and childbirth, including the right to receive care that is consistent with current evidence of the benefits and risks of various treatments and the right to choose one’s birth setting. The bill also ensures that regardless of race, class, or sexuality, women have the right to be treated with respect and have the right to a health care professional who is culturally competent.
6. Improved Rights for Incarcerated Parents– HB2444- Passed both Houses 5/29/19
This bill states that the sentencing of defendants who are also parents shall take into account whether their child or infant’s well-being will be negatively affected by the parent’s absence. Withholding or minimizing sentences of incarceration will be favored if detaining the parent will harm their children. As a result, parents who are incarcerated—a disproportionate number of whom are survivors, poor, or people of color—will have more freedom to take care of their family.
CAASE applauds the hard work of Illinois lawmakers who passed these crucial bills to help prevent sexual violence, protect survivors of sexual assault, and promote reproductive justice. We are grateful that our representatives are invested in protecting young students from sexual harm and that they are ensuring survivors have added protections and opportunities for justice. We especially thank the chief sponsors of these bills, Representatives Ann Williams, Kelly Cassidy, Mary Flowers, Yehiel Kalish, Keith Wheeler, and Senators Kimberley Lightford, Melinda Bush, Jacqueline Collins, Jason Barickman, and Linda Holmes.