HB1110sam002 96TH GENERAL ASSEMBLY

Sen. Mike Jacobs

Filed: 5/11/2009

09600HB1110sam002 LRB096 03921 RLC 26162 a

AMENDMENT TO HOUSE BILL 1110

AMENDMENT NO. ______. Amend House Bill 1110, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1, by replacing lines 17 through 26 on page 6 and line 1 on page 7 with the following:

"(d-5) A prosecuting entity may issue: (i) a subpoena duces tecum for the result of an HIV test administered prior to the date of the alleged offense to a person charged with the offense of criminal transmission of HIV or (ii) a subpoena for the attendance of a person whose employment duties included notifying the person of the test result prior to the date of the alleged offense, so long as the return of the test result or attendance of the person pursuant to the subpoena is submitted initially to the Court for an in camera inspection. Only upon a finding by the Court that the test result or proffered testimony are relevant to the pending offense and that a prosecuting entity has a compelling need for the test result or attendance of the person, which need cannot be reasonably accommodated by other means, the information sought by the subpoena shall be disclosed to the prosecuting entity and admissible if otherwise permitted by law. Upon the issuance of an order to disclose HIV test results, the Court shall impose appropriate safeguards against unauthorized disclosure, which shall specify the persons who may gain access to the information, the purposes for which the information shall be used, and appropriate prohibitions on future disclosure.".