Full Text of SB1809 97th General Assembly
SB1809sam001 97TH GENERAL ASSEMBLY | Sen. Michael Noland Filed: 4/8/2011
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| 1 | | AMENDMENT TO SENATE BILL 1809
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1809 on page 4, | 3 | | line 25, by replacing "Section 12-16.2" with "Sections 12-5.01 | 4 | | and 12-16.2"; and | 5 | | by replacing all of page 5 and lines 1 through 22 on page 6 with | 6 | | the 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 | 9 | | delayed effective date ) | 10 | | Sec. 12-5.01. Criminal transmission of HIV. | 11 | | (a) A person commits criminal
transmission of HIV when he | 12 | | or she, with the specific intent to commit the offense knowing | 13 | | that 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 | 12 | | identified
causative agent of acquired immunodeficiency | 13 | | syndrome.
| 14 | | "Sexual activity" means the insertive vaginal or anal | 15 | | intercourse on the part of an infected male, receptive | 16 | | consensual vaginal intercourse on the part of an infected woman | 17 | | with a male partner, or receptive consensual anal intercourse | 18 | | on the part of an infected man or woman with a male partner. | 19 | | "Intimate contact with another" means the exposure of the | 20 | | body
of one person to a bodily fluid of another person in a | 21 | | manner that could
result in the transmission of HIV.
| 22 | | "Intravenous or intramuscular drug paraphernalia" means | 23 | | any
equipment, product, or material of any kind which is | 24 | | peculiar to and
marketed for use in injecting a substance into | 25 | | the human body.
| 26 | | (c) Nothing in this Section shall be construed to require |
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| 1 | | that an infection
with HIV has occurred in order for a person | 2 | | to have committed criminal
transmission of HIV.
| 3 | | (d) It shall be an affirmative defense that the person | 4 | | exposed knew that the
infected person was infected with HIV, | 5 | | knew that the action could result
in infection with HIV, and | 6 | | consented to the action with that knowledge.
| 7 | | (d-5) A court, upon a finding of reasonable suspicion that | 8 | | an individual has committed the crime of criminal transmission | 9 | | of HIV, shall order the production of records of a person | 10 | | accused of the offense of
criminal transmission of HIV or the | 11 | | attendance
of a person with relevant knowledge thereof so long | 12 | | as the
return of the records or attendance of the person | 13 | | pursuant to
the subpoena is submitted initially to the court | 14 | | for an in
camera inspection. Only upon a finding by the court | 15 | | that the
records or proffered testimony are relevant to the | 16 | | pending
offense, the information produced pursuant to the | 17 | | court's order shall be
disclosed to the prosecuting entity and | 18 | | admissible if otherwise
permitted by law. | 19 | | (e) A person who commits criminal transmission of HIV | 20 | | commits 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. | 24 | | 96-1551, effective 7-1-11) | 25 | | Sec. 12-16.2. Criminal Transmission of HIV. (a) A person |
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| 1 | | commits criminal
transmission of HIV when he or she, with the | 2 | | specific intent to commit the offense knowing that he or she is | 3 | | infected with HIV :
| 4 | | (1) engages in sexual activity with another without the use | 5 | | of a condom intimate contact with another ;
| 6 | | (2) transfers, donates, or provides his or her blood, | 7 | | tissue, semen,
organs, or other potentially infectious body | 8 | | fluids for transfusion,
transplantation, insemination, or | 9 | | other administration to another; or
| 10 | | (3) dispenses, delivers, exchanges, sells, or in any other | 11 | | way transfers
to another any nonsterile intravenous or | 12 | | intramuscular drug paraphernalia.
| 13 | | (b) For purposes of this Section:
| 14 | | "HIV" means the human immunodeficiency virus or any other | 15 | | identified
causative agent of acquired immunodeficiency | 16 | | syndrome.
| 17 | | "Sexual activity" means the insertive vaginal or anal | 18 | | intercourse on the part of an infected male, receptive | 19 | | consensual vaginal intercourse on the part of an infected woman | 20 | | with a male partner, or receptive consensual anal intercourse | 21 | | on the part of an infected man or woman with a male partner. | 22 | | "Intimate contact with another" means the exposure of the | 23 | | body
of one person to a bodily fluid of another person in a | 24 | | manner that could
result in the transmission of HIV.
| 25 | | "Intravenous or intramuscular drug paraphernalia" means | 26 | | any
equipment, product, or material of any kind which is |
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| 1 | | peculiar to and
marketed for use in injecting a substance into | 2 | | the human body.
| 3 | | (c) Nothing in this Section shall be construed to require | 4 | | that an infection
with HIV has occurred in order for a person | 5 | | to have committed criminal
transmission of HIV.
| 6 | | (d) It shall be an affirmative defense that the person | 7 | | exposed knew that the
infected person was infected with HIV, | 8 | | knew that the action could result
in infection with HIV, and | 9 | | consented to the action with that knowledge.
| 10 | | (d-5) A court, upon a finding of reasonable suspicion that | 11 | | an individual has committed the crime of criminal transmission | 12 | | of HIV, shall order the production of records of a person | 13 | | accused of the offense of
criminal transmission of HIV or the | 14 | | attendance
of a person with relevant knowledge thereof so long | 15 | | as the
return of the records or attendance of the person | 16 | | pursuant to
the subpoena is submitted initially to the court | 17 | | for an in
camera inspection. Only upon a finding by the court | 18 | | that the
records or proffered testimony are relevant to the | 19 | | pending
offense, the information produced pursuant to the | 20 | | court's order shall be
disclosed to the prosecuting entity and | 21 | | admissible if otherwise
permitted by law. | 22 | | (e) A person who commits criminal transmission of HIV | 23 | | commits a Class 2 felony.
| 24 | | (Source: P.A. 86-897. Renumbered as Section 12-5.01 by P.A. | 25 | | 96-1551, eff. 7-1-11.)
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| 1 | | Section 95. No acceleration or delay. Where this Act makes | 2 | | changes in a statute that is represented in this Act by text | 3 | | that is not yet or no longer in effect (for example, a Section | 4 | | represented by multiple versions), the use of that text does | 5 | | not accelerate or delay the taking effect of (i) the changes | 6 | | made by this Act or (ii) provisions derived from any other | 7 | | Public Act.".
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