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Illinois law requires hospitals treat sexual assault victims, but challenges exist

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Illinois law requires hospitals treat sexual assault victims, but challenges exist


CHICAGO – An Illinois law designed to ensure victims of sexual assault receive proper care inside hospitals also includes carve out that allows patients to be transferred if hospitals can’t provide services like rape kit exams, but it can have unintended consequences.

Advocates argue this can disrupt the chain of custody for things like evidence collection and creates a chilling effect where victims may decide to not to travel further to get a rape exam.

“That now means a survivor has to go that much further, that’s where we see the real-life impact on a survivor,” said Carrie Ward with the Illinois Coalition Against Sexual Assault.

An NBC 5 Investigates’ review of 185 Illinois hospital inspection reports filed by the Illinois Department of Public Health between 2018 and 2024 found hospitals across the state have failed to properly treat victims through a series of missteps – from poor record-keeping to more serious violations like failing to contact police and turnover rape kits – some which we found sat on the shelves for years.

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While Illinois law requires that hospitals offer treatment, there’s no real consequence for those that don’t.

NBC 5 Investigates could find only one hospital – Weiss Memorial in Chicago – that had been fined over the past six years and that was only after its previous plans of correction were rejected by the state. The hospital had been found in violation for failing to have adequate staff and supplies and failing to offer forensic exams.

All told, our investigation found 88 Illinois hospitals over a period of six years failed to properly treat victims of sexual assault, though that figure could be an undercount given that hospital inspectors only looked at a sampling of patient records during inspections.

The state law known as the Illinois Sexual Assault Survivors Emergency Treatment Act – or SASETA – requires that hospital offer services to rape victims – including offering rape kit exams, contacting police, providing information on STD and drug testing and other services like access to a shower free of charge and sexual assault counselors.

But our months-long investigation found time again – that didn’t happen.

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And of the 85 hospitals we found with transfer agreements, more than half send patients between 40 to 80 miles away.

When 62-year old Cheryl Thompson went to Union County Hospital on New Year’s Day to report she’d be sexually assaulted, she says the ER physician told her she was “too fat and too tall” to have been assaulted. In her statement to Illinois State Police, Thompson said the doctor was dismissive of her claims. She filed a complaint with the IDPH.

Months later inspectors found the hospital had collected her urine and blood to test it for a date rape drug, but failed to contact police.

Traumatized by her experience, Thompson says she waited eight days to go to another hospital even though Union County Hospital had offered her a referral to another hospital in Mount Vernon – more than 70 miles away.

“I basically blame that hospital because I have no DNA,” she said.

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In a recent interview, State Rep. Kelly Cassidy told NBC 5 Investigates that she’d like change state law to rein in how far victims are forced to travel.

“I think a lot needs to change. I think we need real accountability measures. I don’t think it’s acceptable anymore to allow hospitals to violate these laws with impunity. Trying to be partners and working together has worked.”

The Illinois Health and Hospital Association blamed the problems on changes to the law in 2018 noting that it created “challenges … hindering optimal access to care for survivors…” according to a statement sent to NBC 5 Investigates.

Specifically, the IHA referenced the challenge in hiring sexual assault nurse examiners and said it is working with the hospital community and other state agencies to “identify statutory or regulatory changes” that “may further ensure survivors are treated in a timely manner.”

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Illinois

Capitol News Illinois | Illinois lawmakers begin days of deep dives on data centers

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Capitol News Illinois | Illinois lawmakers begin days of deep dives on data centers







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Environmental advocates rally for greater data center regulation in Illinois at the Capitol on Wednesday. 




SPRINGFIELD — Illinois lawmakers are digging deep on data centers, with a House committee hearing from mayors, labor groups and agriculture representatives about the facilities’ local impacts in the first of three planned meetings.

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Rep. Ann Williams, D-Chicago, the chair of the House Executive Committee, said she wanted to hear about the benefits and challenges of data centers as the General Assembly considers regulations like the POWER Act.

“Whatever we do here, we have to put people first,” she said Wednesday. “We have to put communities first. Data’s important, business is important, revenues are important, but people must come first.”

Water use, energy use, noise and how community benefit agreements are constructed were the primary concerns lawmakers wanted to address on Wednesday.

Generally, the speakers acknowledged data centers are part of a growing economy and are needed to support technology like AI, cloud computing and data storage used by various industries, from education to health care.

Some cautioned against regulation, saying it could dissuade companies from investing in Illinois while others aired different concerns they’ve encountered.

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An Illinois Senate committee has two data center-related hearings scheduled for later this week as well. Environmental advocates on Wednesday also lobbied in the Capitol for data center regulation.

Local government perspective

Mayors from Aurora and DeKalb offered competing views of the benefits and tradeoffs data centers bring. DeKalb Mayor Cohen Barnes praised the Meta data center that started construction in 2020 and was finished in 2023.

“When Meta first came to our community, they specifically said they want to make a significant impact in everything they do where they have a physical presence, and that’s just what they did,” Barnes said.

Meta, he said, has invested heavily in DeKalb by contributing to the nonprofit community and paying tens of millions of dollars in property and utility taxes, helping to fund schools and local police. It has also partnered with Northern Illinois University to bring STEM classes to area high schools.

According to the Rockford Register Star, the Meta facility’s 2024 tax bill was $32.1 million, or 11 percent of the total $287.3 million in taxes generated in all of DeKalb County.

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Barnes said DeKalb didn’t require Meta to meet any standards or requirements before construction began, and he said he worries that requirements might drive further development away.

“I would encourage you, let’s always think about how can we foster more economic development rather than inhibiting it with regulation and rules and requirements. And if we do that, then we do it for every industry in the state of Illinois,” he said.

Aurora Mayor John Laesch, on the other hand, said residents have raised concerns about noise from data centers and the impact on the power grid.

“Residents living near data centers have described a constant low frequency hum day and night,” he said. “It’s not loud in a traditional sense, but persistent. People have described trouble sleeping, increased stress, loss of quiet in their own homes.”

Aurora currently has five data centers in operation and five more under construction.

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In March, Aurora enacted ordinances that would require data center developers to conduct and submit studies dealing with noise, water consumption and energy needs. The ordinances also require future data centers to meet standards for noise, vibrations, water use and energy use. They will also need to get power from renewable energy sources.

Laesch said while the city has tried to address the issues locally, he urged the state to take broader action.

“Water and energy in particular, need to be addressed regionally or at the state level,” he said.

Those requirements mimic provisions in the POWER Act, a major data center regulation bill now under consideration in both chambers of the General Assembly.

Sangamon County on Tuesday approved the zoning proposal for a CyrusOne data center project, and Marc Ayers, a former member of the Sangamon County Board who resigned after Tuesday’s vote, said residents also aired worries about noise and water at those meetings.

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Ayers, who voted against the proposal, said he was happy to see the $500 million investment in Sangamon County, but he wanted to have more discussions before approving the project.

He said he also wanted more information from companies about their hiring practices for construction and for long-term operations. And he wanted transparency about a community benefit agreement between the data center and a local development group, especially considering the company also owns the data centers in Aurora.

“Rather than fixing the noise in Aurora, they’re expanding with a bigger project in Sangamon County,” he said. “So this aspect of being a good neighbor, we’re torn with that because they’re not really being a good neighbor right now in Aurora.”

Labor perspective

Representatives from labor were generally opposed to regulations. They said too many rules would risk companies choosing to do business elsewhere.

“The fact of the matter is data centers are going to be built. They are being built. The question is whether Illinois is ready to build them here,” said Marc Poulos, the executive director of Indiana, Illinois, Iowa Foundation for Fair Contracting and a member of Local 150.

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Poulos said there’s high demand for labor to work on these long-term construction projects in surrounding states, including hundreds of his own members. Without “smart standards,” he said, Illinois could lose out on that investment.

Joe Duffy with Climate Jobs Illinois, said finding a line between economic development and environmental protections should be the priority, but pausing perks like the data center tax credits — as Gov. J.B. Pritzker has proposed — is the wrong approach.

“We believe Illinois can maintain its lead in this race with the right balance of incentives, labor standards, local protections and infrastructure planning,” Duffy said. “We can attract investment while ensuring communities benefit workers are treated fairly, and our energy and water resources are responsibly managed.”

Land use

Farmers are most concerned about how data centers use land and water, said Bill Bodine of the Illinois Farm Bureau.

He said farmers support “bring your own energy” proposals but want reassurance that new renewable energy sources aren’t developed on land that could be used for farming.

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“Those proposals should prioritize projects that place renewable energy on, say, center rooftops, parking areas, land already impacted by data center development,” he said.

He also called for water use reports and water withdrawal plans that are reviewed by the Illinois State Water Survey as well as efficiency standards for energy and water use.

Bodine said farmers are also concerned about data centers being abandoned if their technology becomes obsolete, or they reach the end of their lifespan. He asked for a decommissioning plan or process so the facilities could be removed easily.

“We don’t want it to turn into a dangerous situation or an eyesore,” he said.

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Illinois

District 87 Superintendent Honored by Illinois Association

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District 87 Superintendent Honored by Illinois Association


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Illinois High Court Rules on Pre- and Post-Shift Wage and Hour Exclusion

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Illinois High Court Rules on Pre- and Post-Shift Wage and Hour Exclusion


A recent ruling by the Supreme Court of Illinois that the state’s minimum wage law does not incorporate the federal Portal-to-Portal Act’s (PPA) exclusion for “preliminary or postliminary” employee activities could open the door to a wave of new wage-and-hour lawsuits by employees over time spent undergoing health or security screenings or other required activities before and after their shifts.



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