Bill Text: IL SB3673 | 2011-2012 | 97th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the AIDS Confidentiality Act. Provides that the identity of any person upon whom an HIV test is performed, and the results of such a test in a manner which permits identification of the subject of the test may be disclosed to a court in accordance with the provisions of the statute concerning the offense of criminal transmission of HIV. Amends the Criminal Code of 1961 concerning criminal transmission of HIV. Requires the defendant to have the specific intent to commit the offense. Requires the defendant to know that he or she is infected with HIV. Changes an element of the offense from engaging in intimate contact with another to engaging in sexual activity with another without the use of a condom when the defendant knows that he or she is infected with HIV. Provides that a prosecuting entity may issue a subpoena duces tecum for the records of a person charged with the offense of criminal transmission of HIV or a subpoena for the attendance of a person with relevant knowledge thereof so long as the return of the records or attendance of the person pursuant to the subpoena is submitted initially to the court for an in camera inspection. Provides that only upon a finding by the court that the records or proffered testimony are relevant to the pending offense, the information sought by the subpoena shall be disclosed to the prosecuting entity and admissible if otherwise permitted by law. Effective immediately.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2012-08-21 - Public Act . . . . . . . . . 97-1046 [SB3673 Detail]
Download: Illinois-2011-SB3673-Engrossed.html
Bill Title: Amends the AIDS Confidentiality Act. Provides that the identity of any person upon whom an HIV test is performed, and the results of such a test in a manner which permits identification of the subject of the test may be disclosed to a court in accordance with the provisions of the statute concerning the offense of criminal transmission of HIV. Amends the Criminal Code of 1961 concerning criminal transmission of HIV. Requires the defendant to have the specific intent to commit the offense. Requires the defendant to know that he or she is infected with HIV. Changes an element of the offense from engaging in intimate contact with another to engaging in sexual activity with another without the use of a condom when the defendant knows that he or she is infected with HIV. Provides that a prosecuting entity may issue a subpoena duces tecum for the records of a person charged with the offense of criminal transmission of HIV or a subpoena for the attendance of a person with relevant knowledge thereof so long as the return of the records or attendance of the person pursuant to the subpoena is submitted initially to the court for an in camera inspection. Provides that only upon a finding by the court that the records or proffered testimony are relevant to the pending offense, the information sought by the subpoena shall be disclosed to the prosecuting entity and admissible if otherwise permitted by law. Effective immediately.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2012-08-21 - Public Act . . . . . . . . . 97-1046 [SB3673 Detail]
Download: Illinois-2011-SB3673-Engrossed.html
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1 | AN ACT concerning human immunodeficiency virus.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The AIDS Confidentiality Act is amended by | ||||||
5 | changing Section 9 as follows:
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6 | (410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)
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7 | Sec. 9. No person may disclose or be compelled to disclose | ||||||
8 | the
identity of any person upon whom a test is performed, or | ||||||
9 | the results of
such a test in a manner which permits | ||||||
10 | identification of the subject of the
test, except to the | ||||||
11 | following persons:
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12 | (a) The subject of the test or the subject's legally
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13 | authorized representative. A physician may notify the spouse of | ||||||
14 | the
test subject, if the test result is positive and has been | ||||||
15 | confirmed
pursuant to rules adopted by the Department, provided | ||||||
16 | that the physician has
first sought unsuccessfully to persuade | ||||||
17 | the patient to notify the spouse or
that, a reasonable time | ||||||
18 | after the patient has agreed to make the
notification, the | ||||||
19 | physician has reason to believe that the patient has not
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20 | provided the notification. This paragraph shall not create a | ||||||
21 | duty or
obligation under which a physician must notify the | ||||||
22 | spouse of the test
results, nor shall such duty or obligation | ||||||
23 | be implied. No civil liability
or criminal sanction under this |
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1 | Act shall be imposed for any disclosure or
non-disclosure of a | ||||||
2 | test result to a spouse by a physician acting in good
faith | ||||||
3 | under this paragraph. For the purpose of any proceedings, civil | ||||||
4 | or
criminal, the good faith of any physician acting under this | ||||||
5 | paragraph shall
be presumed.
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6 | (b) Any person designated in a legally effective release of | ||||||
7 | the test
results executed by the subject of the test or the | ||||||
8 | subject's legally
authorized representative.
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9 | (c) An authorized agent or employee of a health facility or | ||||||
10 | health care
provider if the health facility or health care | ||||||
11 | provider itself is
authorized to obtain the test results, the | ||||||
12 | agent or employee provides
patient care or handles or processes | ||||||
13 | specimens of body fluids or tissues,
and the agent or employee | ||||||
14 | has a need to know such information.
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15 | (d) The Department and local health authorities serving a | ||||||
16 | population of over 1,000,000 residents or other local health | ||||||
17 | authorities as designated by the Department, in accordance with | ||||||
18 | rules for reporting and
controlling the spread of disease, as | ||||||
19 | otherwise provided by State law.
The Department,
local health | ||||||
20 | authorities, and authorized representatives shall not disclose
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21 | information and records held by them relating to known or | ||||||
22 | suspected cases of
AIDS or HIV infection, publicly or in any | ||||||
23 | action of any kind in any court or
before any tribunal, board, | ||||||
24 | or agency. AIDS and HIV infection data shall be
protected from | ||||||
25 | disclosure in accordance with the provisions of Sections 8-2101
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26 | through 8-2105 of the Code of Civil Procedure.
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1 | (e) A health facility or health care provider which | ||||||
2 | procures, processes,
distributes or uses: (i) a human body part | ||||||
3 | from a deceased person
with respect to medical information | ||||||
4 | regarding that person; or (ii) semen
provided prior to the | ||||||
5 | effective date of this Act for the purpose of
artificial | ||||||
6 | insemination.
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7 | (f) Health facility staff committees for the purposes of | ||||||
8 | conducting
program monitoring, program evaluation or service | ||||||
9 | reviews.
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10 | (f-5) A court in accordance with the provisions of Section | ||||||
11 | 12-5.01 of the Criminal Code of 1961. | ||||||
12 | (g) (Blank).
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13 | (h) Any health care provider or employee of a health | ||||||
14 | facility, and any
firefighter or EMT-A, EMT-P, or EMT-I, | ||||||
15 | involved in an accidental direct
skin or mucous membrane | ||||||
16 | contact with the blood or bodily fluids of an
individual which | ||||||
17 | is of a nature that may transmit HIV, as determined by a
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18 | physician in his medical judgment.
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19 | (i) Any law enforcement officer, as defined in subsection | ||||||
20 | (c) of
Section 7, involved in the line of duty in a direct skin | ||||||
21 | or mucous membrane
contact with the blood or bodily fluids of | ||||||
22 | an individual which is of a
nature that may transmit HIV, as | ||||||
23 | determined by a physician in his medical
judgment.
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24 | (j) A temporary caretaker of a child taken into temporary | ||||||
25 | protective
custody by the Department of Children and Family | ||||||
26 | Services pursuant to Section 5
of the Abused and Neglected |
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1 | Child Reporting Act, as now or hereafter amended.
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2 | (k) In the case of a minor under 18 years of age whose test | ||||||
3 | result is
positive and has been confirmed
pursuant to rules | ||||||
4 | adopted by the Department, the health care provider who ordered | ||||||
5 | the test shall make a reasonable
effort to notify the minor's | ||||||
6 | parent or legal guardian if, in the
professional judgment
of | ||||||
7 | the health care provider, notification would be
in the best | ||||||
8 | interest of the child and the health care provider has first
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9 | sought unsuccessfully to persuade the minor to notify the | ||||||
10 | parent or legal
guardian or a reasonable time after the minor | ||||||
11 | has agreed to notify
the parent or legal guardian, the health | ||||||
12 | care provider has reason to
believe that the minor has not made | ||||||
13 | the notification. This subsection
shall not create a duty or | ||||||
14 | obligation under which a health care provider
must notify the | ||||||
15 | minor's parent or legal guardian of the test results, nor
shall | ||||||
16 | a duty or obligation be implied. No civil liability or criminal | ||||||
17 | sanction
under this Act shall be imposed for any notification | ||||||
18 | or non-notification of a
minor's test result by a health care | ||||||
19 | provider acting in good faith under this
subsection. For the | ||||||
20 | purpose of any proceeding, civil or criminal, the good
faith of | ||||||
21 | any health care provider acting under this subsection shall be
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22 | presumed.
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23 | (Source: P.A. 96-328, eff. 8-11-09.)
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24 | Section 10. The Criminal Code of 1961 is amended by | ||||||
25 | changing Section 12-5.01 as follows:
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1 | (720 ILCS 5/12-5.01) (was 720 ILCS 5/12-16.2)
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2 | Sec. 12-5.01. Criminal transmission of HIV. | ||||||
3 | (a) A person commits criminal
transmission of HIV when he | ||||||
4 | or she, with the specific intent to commit the offense knowing | ||||||
5 | that he or she is infected with HIV :
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6 | (1) engages in sexual activity with another without the | ||||||
7 | use of a condom knowing that he or she is infected with HIV | ||||||
8 | intimate contact with another ;
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9 | (2) transfers, donates, or provides his or her blood, | ||||||
10 | tissue, semen,
organs, or other potentially infectious | ||||||
11 | body fluids for transfusion,
transplantation, | ||||||
12 | insemination, or other administration to another knowing | ||||||
13 | that he or she is infected with HIV ; or
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14 | (3) dispenses, delivers, exchanges, sells, or in any | ||||||
15 | other way transfers
to another any nonsterile intravenous | ||||||
16 | or intramuscular drug paraphernalia knowing that he or she | ||||||
17 | is infected with HIV .
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18 | (b) For purposes of this Section:
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19 | "HIV" means the human immunodeficiency virus or any other | ||||||
20 | identified
causative agent of acquired immunodeficiency | ||||||
21 | syndrome.
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22 | "Sexual activity" means the insertive vaginal or anal | ||||||
23 | intercourse on the part of an infected male, receptive | ||||||
24 | consensual vaginal intercourse on the part of an infected woman | ||||||
25 | with a male partner, or receptive consensual anal intercourse |
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1 | on the part of an infected man or woman with a male partner. | ||||||
2 | "Intimate contact with another" means the exposure of the | ||||||
3 | body
of one person to a bodily fluid of another person in a | ||||||
4 | manner that could
result in the transmission of HIV.
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5 | "Intravenous or intramuscular drug paraphernalia" means | ||||||
6 | any
equipment, product, or material of any kind which is | ||||||
7 | peculiar to and
marketed for use in injecting a substance into | ||||||
8 | the human body.
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9 | (c) Nothing in this Section shall be construed to require | ||||||
10 | that an infection
with HIV has occurred in order for a person | ||||||
11 | to have committed criminal
transmission of HIV.
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12 | (d) It shall be an affirmative defense that the person | ||||||
13 | exposed knew that the
infected person was infected with HIV, | ||||||
14 | knew that the action could result
in infection with HIV, and | ||||||
15 | consented to the action with that knowledge.
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16 | (d-5) A court, upon a finding of reasonable suspicion that | ||||||
17 | an individual has committed the crime of criminal transmission | ||||||
18 | of HIV, shall order the production of records of a person | ||||||
19 | accused of the offense of
criminal transmission of HIV or the | ||||||
20 | attendance
of a person with relevant knowledge thereof so long | ||||||
21 | as the
return of the records or attendance of the person | ||||||
22 | pursuant to
the subpoena is submitted initially to the court | ||||||
23 | for an in
camera inspection. Only upon a finding by the court | ||||||
24 | that the
records or proffered testimony are relevant to the | ||||||
25 | pending
offense, the information produced pursuant to the | ||||||
26 | court's order shall be
disclosed to the prosecuting entity and |
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1 | admissible if otherwise
permitted by law. | ||||||
2 | (e) A person who commits criminal transmission of HIV | ||||||
3 | commits a Class 2 felony.
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4 | (Source: P.A. 96-1551, eff. 7-1-11 .)
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