Sen. Michael Noland

Filed: 4/8/2011

 

 


 

 


 
09700SB1809sam001LRB097 06418 RLC 54167 a

1
AMENDMENT TO SENATE BILL 1809

2    AMENDMENT NO. ______. Amend Senate Bill 1809 on page 4,
3line 25, by replacing "Section 12-16.2" with "Sections 12-5.01
4and 12-16.2"; and
 
5by replacing all of page 5 and lines 1 through 22 on page 6 with
6the following:
 
7    "(720 ILCS 5/12-5.01)  (was 720 ILCS 5/12-16.2)
8    (This Section may contain text from a Public Act with a
9delayed effective date)
10    Sec. 12-5.01. Criminal transmission of HIV.
11    (a) A person commits criminal transmission of HIV when he
12or she, with the specific intent to commit the offense knowing
13that he or she is infected with HIV:
14        (1) engages in sexual activity with another without the
15    use of a condom knowing that he or she is infected with HIV
16    intimate contact with another;

 

 

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1        (2) transfers, donates, or provides his or her blood,
2    tissue, semen, organs, or other potentially infectious
3    body fluids for transfusion, transplantation,
4    insemination, or other administration to another knowing
5    that he or she is infected with HIV; or
6        (3) dispenses, delivers, exchanges, sells, or in any
7    other way transfers to another any nonsterile intravenous
8    or intramuscular drug paraphernalia knowing that he or she
9    is infected with HIV.
10    (b) For purposes of this Section:
11    "HIV" means the human immunodeficiency virus or any other
12identified causative agent of acquired immunodeficiency
13syndrome.
14    "Sexual activity" means the insertive vaginal or anal
15intercourse on the part of an infected male, receptive
16consensual vaginal intercourse on the part of an infected woman
17with a male partner, or receptive consensual anal intercourse
18on the part of an infected man or woman with a male partner.
19    "Intimate contact with another" means the exposure of the
20body of one person to a bodily fluid of another person in a
21manner that could result in the transmission of HIV.
22    "Intravenous or intramuscular drug paraphernalia" means
23any equipment, product, or material of any kind which is
24peculiar to and marketed for use in injecting a substance into
25the human body.
26    (c) Nothing in this Section shall be construed to require

 

 

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1that an infection with HIV has occurred in order for a person
2to have committed criminal transmission of HIV.
3    (d) It shall be an affirmative defense that the person
4exposed knew that the infected person was infected with HIV,
5knew that the action could result in infection with HIV, and
6consented to the action with that knowledge.
7    (d-5) A court, upon a finding of reasonable suspicion that
8an individual has committed the crime of criminal transmission
9of HIV, shall order the production of records of a person
10accused of the offense of criminal transmission of HIV or the
11attendance of a person with relevant knowledge thereof so long
12as the return of the records or attendance of the person
13pursuant to the subpoena is submitted initially to the court
14for an in camera inspection. Only upon a finding by the court
15that the records or proffered testimony are relevant to the
16pending offense, the information produced pursuant to the
17court's order shall be disclosed to the prosecuting entity and
18admissible if otherwise permitted by law.
19    (e) A person who commits criminal transmission of HIV
20commits a Class 2 felony.
21(Source: P.A. 96-1551, eff. 7-1-11.)
 
22    (720 ILCS 5/12-16.2)  (from Ch. 38, par. 12-16.2)
23    (This Section renumbered as Section 12-5.01 by P.A.
2496-1551, effective 7-1-11)
25    Sec. 12-16.2. Criminal Transmission of HIV. (a) A person

 

 

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1commits criminal transmission of HIV when he or she, with the
2specific intent to commit the offense knowing that he or she is
3infected with HIV:
4    (1) engages in sexual activity with another without the use
5of a condom intimate contact with another;
6    (2) transfers, donates, or provides his or her blood,
7tissue, semen, organs, or other potentially infectious body
8fluids for transfusion, transplantation, insemination, or
9other administration to another; or
10    (3) dispenses, delivers, exchanges, sells, or in any other
11way transfers to another any nonsterile intravenous or
12intramuscular drug paraphernalia.
13    (b) For purposes of this Section:
14    "HIV" means the human immunodeficiency virus or any other
15identified causative agent of acquired immunodeficiency
16syndrome.
17    "Sexual activity" means the insertive vaginal or anal
18intercourse on the part of an infected male, receptive
19consensual vaginal intercourse on the part of an infected woman
20with a male partner, or receptive consensual anal intercourse
21on the part of an infected man or woman with a male partner.
22    "Intimate contact with another" means the exposure of the
23body of one person to a bodily fluid of another person in a
24manner that could result in the transmission of HIV.
25    "Intravenous or intramuscular drug paraphernalia" means
26any equipment, product, or material of any kind which is

 

 

09700SB1809sam001- 5 -LRB097 06418 RLC 54167 a

1peculiar to and marketed for use in injecting a substance into
2the human body.
3    (c) Nothing in this Section shall be construed to require
4that an infection with HIV has occurred in order for a person
5to have committed criminal transmission of HIV.
6    (d) It shall be an affirmative defense that the person
7exposed knew that the infected person was infected with HIV,
8knew that the action could result in infection with HIV, and
9consented to the action with that knowledge.
10    (d-5) A court, upon a finding of reasonable suspicion that
11an individual has committed the crime of criminal transmission
12of HIV, shall order the production of records of a person
13accused of the offense of criminal transmission of HIV or the
14attendance of a person with relevant knowledge thereof so long
15as the return of the records or attendance of the person
16pursuant to the subpoena is submitted initially to the court
17for an in camera inspection. Only upon a finding by the court
18that the records or proffered testimony are relevant to the
19pending offense, the information produced pursuant to the
20court's order shall be disclosed to the prosecuting entity and
21admissible if otherwise permitted by law.
22    (e) A person who commits criminal transmission of HIV
23commits a Class 2 felony.
24(Source: P.A. 86-897. Renumbered as Section 12-5.01 by P.A.
2596-1551, eff. 7-1-11.)
 

 

 

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1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.".