Bill Status of SB 2355   95th General Assembly

Short Description:  CRIM CD-HIV TESTING

Senate Sponsors
Sen. A. J. Wilhelmi

House Sponsors
(Rep. Dennis M. Reboletti)


Last Action  View All Actions

DateChamber Action
  8/27/2008SenatePublic Act . . . . . . . . . 95-0926

Statutes Amended In Order of Appearance
720 ILCS 5/12-18from Ch. 38, par. 12-18

Synopsis As Introduced
Amends the Criminal Code of 1961. Provides that the time period in which a prosecuting State's Attorney at the request of the victim must seek a court order to compel the accused to be tested for a sexually transmissible disease, including HIV, if the accused has been charged with criminal sexual assault, aggravated criminal sexual assault, or predatory criminal sexual assault of a child is within 48 hours after the finding at the preliminary hearing that there is probable cause that the accused has committed the offense or within 48 hours after return of the indictment or within 48 hours after a finding of unfitness of the defendant to stand trial. Provides that follow-up tests shall be kept confidential and the results of the tests must be personally delivered in a sealed envelope to the defendant. Provides that the costs of the tests shall (rather than may) be taxed as costs against the accused if convicted. Effective immediately.

Senate Floor Amendment No. 1
Replaces everything after the enacting clause. Amends the Criminal Code of 1961. Provides that a defendant charged with criminal sexual assault, aggravated criminal sexual assault, or predatory criminal sexual assault of a child who is ordered by the court, at the request of the victim, to be tested for any sexually transmissible disease, including a test for HIV, shall be ordered tested within 48 hours after a finding of probable cause or after a finding that the defendant is unfit to stand trial. Provides that the results of the tests and any follow-up tests shall be kept confidential and must be personally delivered in a sealed envelope to the victim, to the defendant, to the State's Attorney, and to the judge that entered the order, for the judge's inspection in camera (rather than to just the victim and the judge that entered the order). Provides that the judge shall provide to the victim a referral to the Illinois Department of Public Health HIV/AIDS toll-free hotline for counseling and information in connection with the test result. Provides that the court shall order that the costs of the tests shall (rather than may) be taxed as costs against the accused if convicted. Effective immediately.

Actions 
DateChamber Action
  2/14/2008SenateFiled with Secretary by Sen. A. J. Wilhelmi
  2/14/2008SenateFirst Reading
  2/14/2008SenateReferred to Rules
  3/5/2008SenateAssigned to Judiciary Criminal Law
  3/12/2008SenateDo Pass Judiciary Criminal Law; 006-000-000
  3/12/2008SenatePlaced on Calendar Order of 2nd Reading March 13, 2008
  4/11/2008SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. A. J. Wilhelmi
  4/11/2008SenateSenate Floor Amendment No. 1 Referred to Rules
  4/15/2008SenateSenate Floor Amendment No. 1 Rules Refers to Judiciary Criminal Law
  4/16/2008SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary Criminal Law; 009-000-000
  4/16/2008SenateSecond Reading
  4/16/2008SenateSenate Floor Amendment No. 1 Adopted; Wilhelmi
  4/16/2008SenatePlaced on Calendar Order of 3rd Reading April 17, 2008
  4/17/2008SenateThird Reading - Passed; 054-000-000
  4/17/2008HouseArrived in House
  4/17/2008HousePlaced on Calendar Order of First Reading
  4/21/2008HouseChief House Sponsor Rep. Dennis M. Reboletti
  4/24/2008HouseFirst Reading
  4/24/2008HouseReferred to Rules Committee
  5/6/2008HouseAssigned to Judiciary II - Criminal Law Committee
  5/9/2008HouseCommittee Deadline Extended-Rule 9(b) May 23, 2008
  5/21/2008HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 011-000-000
  5/21/2008HousePlaced on Calendar 2nd Reading - Short Debate
  5/21/2008HouseSecond Reading - Short Debate
  5/21/2008HouseHeld on Calendar Order of Second Reading - Short Debate
  5/23/2008HouseFinal Action Deadline Extended-9(b) May 31, 2008
  5/28/2008HouseSecond Reading - Short Debate
  5/28/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/30/2008HouseThird Reading - Short Debate - Passed 114-000-000
  5/30/2008SenatePassed Both Houses
  6/27/2008SenateSent to the Governor
  8/26/2008SenateGovernor Approved
  8/27/2008SenateEffective Date August 26, 2008
  8/27/2008SenatePublic Act . . . . . . . . . 95-0926

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