Bill Status of SB 3673   97th General Assembly

Short Description:  CRIM CD-CRIM TRANSMISSION HIV

Senate Sponsors
Sen. Dale A. Righter and Mike Jacobs

House Sponsors
(Rep. Jim Sacia)


Last Action  View All Actions

DateChamber Action
  8/21/2012SenatePublic Act . . . . . . . . . 97-1046

Statutes Amended In Order of Appearance
410 ILCS 305/9from Ch. 111 1/2, par. 7309
720 ILCS 5/12-5.01was 720 ILCS 5/12-16.2

Synopsis As Introduced
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.

Actions 
DateChamber Action
  2/10/2012SenateFiled with Secretary by Sen. Dale A. Righter
  2/10/2012SenateFirst Reading
  2/10/2012SenateReferred to Assignments
  2/22/2012SenateAssigned to Criminal Law
  2/29/2012SenateDo Pass Criminal Law; 008-000-000
  2/29/2012SenatePlaced on Calendar Order of 2nd Reading March 1, 2012
  3/1/2012SenateSecond Reading
  3/1/2012SenatePlaced on Calendar Order of 3rd Reading March 6, 2012
  3/22/2012SenateAdded as Co-Sponsor Sen. Mike Jacobs
  3/22/2012SenateThird Reading - Passed; 054-000-000
  3/22/2012HouseArrived in House
  3/26/2012HouseChief House Sponsor Rep. Jim Sacia
  3/26/2012HousePlaced on Calendar Order of First Reading
  3/26/2012HouseFirst Reading
  3/26/2012HouseReferred to Rules Committee
  4/10/2012HouseAssigned to Judiciary II - Criminal Law Committee
  4/26/2012HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 008-001-000
  4/26/2012HousePlaced on Calendar 2nd Reading - Short Debate
  5/2/2012HouseSecond Reading - Short Debate
  5/2/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/25/2012HouseThird Reading - Short Debate - Passed 112-000-000
  5/25/2012SenatePassed Both Houses
  6/22/2012SenateSent to the Governor
  8/21/2012SenateGovernor Approved
  8/21/2012SenateEffective Date August 21, 2012
  8/21/2012SenatePublic Act . . . . . . . . . 97-1046

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