Bill Status of HB 1110   96th General Assembly

Short Description:  CRIMINAL TRANSMISSION OF HIV

House Sponsors
Rep. Mike Boland-Lisa M. Dugan-Jim Sacia-Fred Crespo and Mark L. Walker

Senate Sponsors
(Sen. Mike Jacobs-Don Harmon and Dan Kotowski)


Last Action  View All Actions

DateChamber Action
  1/11/2011HouseSession Sine Die

Statutes Amended In Order of Appearance
720 ILCS 5/3-5from Ch. 38, par. 3-5
720 ILCS 5/3-6from Ch. 38, par. 3-6

Synopsis As Introduced
Amends the Criminal Code of 1961. Provides that the prosecution for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or criminal sexual abuse when the victim of any of these offenses is under 18 years of age at the time of the offense, may be commenced at any time.

Senate Committee Amendment No. 1
Deletes reference to:
720 ILCS 5/3-5
720 ILCS 5/3-6
Adds reference to:
410 ILCS 305/9from Ch. 111 1/2, par. 7309
720 ILCS 5/12-16.2from Ch. 38, par. 12-16.2

Replaces everything after the enacting clause. 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. Changes the definition of "intimate contact with another" to the direct skin or mucous membrane contact with the blood or bodily fluids of an individual which is of a nature that may reasonably transmit 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.

Senate Floor Amendment No. 2
Provides that 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. Provides that 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. Provides that 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.

Actions 
DateChamber Action
  2/11/2009HouseFiled with the Clerk by Rep. Mike Boland
  2/11/2009HouseFirst Reading
  2/11/2009HouseReferred to Rules Committee
  2/18/2009HouseAssigned to Judiciary II - Criminal Law Committee
  2/26/2009HouseAdded Chief Co-Sponsor Rep. Lisa M. Dugan
  3/5/2009HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 007-000-000
  3/5/2009HousePlaced on Calendar 2nd Reading - Short Debate
  3/5/2009HouseAdded Chief Co-Sponsor Rep. Jim Sacia
  3/5/2009HouseAdded Chief Co-Sponsor Rep. Fred Crespo
  3/10/2009HouseAdded Co-Sponsor Rep. Mark L. Walker
  3/23/2009HouseSecond Reading - Short Debate
  3/23/2009HouseHeld on Calendar Order of Second Reading - Short Debate
  3/24/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/24/2009HouseThird Reading - Short Debate - Passed 113-001-000
  3/25/2009SenateArrive in Senate
  3/25/2009SenatePlaced on Calendar Order of First Reading March 26, 2009
  3/27/2009SenateChief Senate Sponsor Sen. John J. Cullerton
  3/27/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Don Harmon
  3/30/2009SenateFirst Reading
  3/30/2009SenateReferred to Assignments
  4/15/2009SenateAssigned to Criminal Law
  4/21/2009SenateAlternate Chief Sponsor Changed to Sen. Mike Jacobs
  4/22/2009SenatePostponed - Criminal Law
  4/22/2009SenateAdded as Alternate Co-Sponsor Sen. Dan Kotowski
  4/28/2009SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Mike Jacobs
  4/28/2009SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/28/2009SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  4/29/2009SenateSenate Committee Amendment No. 1 Adopted
  4/30/2009SenateDo Pass as Amended Criminal Law; 008-000-001
  4/30/2009SenatePlaced on Calendar Order of 2nd Reading May 5, 2009
  5/11/2009SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Mike Jacobs
  5/11/2009SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/12/2009SenateSecond Reading
  5/12/2009SenatePlaced on Calendar Order of 3rd Reading May 13, 2009
  5/13/2009SenateSenate Floor Amendment No. 2 Assignments Refers to Criminal Law
  5/13/2009SenateSenate Floor Amendment No. 2 Postponed - Criminal Law
  5/18/2009SenateSenate Floor Amendment No. 2 Recommend Do Adopt Criminal Law; 008-000-001
  5/22/2009SenateRule 2-10 Third Reading Deadline Established As May 31, 2009
  5/27/2009SenateRecalled to Second Reading
  5/27/2009SenateSenate Floor Amendment No. 2 Adopted; Jacobs
  5/27/2009SenatePlaced on Calendar Order of 3rd Reading
  5/27/2009SenateThird Reading - Passed; 056-000-000
  5/27/2009HouseArrived in House
  5/27/2009HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2
  5/30/2009HouseSenate Committee Amendment No. 1 Motion Filed Non-Concur Rep. Mike Boland
  5/30/2009HouseSenate Floor Amendment No. 2 Motion Filed Non-Concur Rep. Mike Boland
  8/16/2009HouseRule 19(b) / Re-referred to Rules Committee
  3/2/2010HouseApproved for Consideration Rules Committee; 004-000-000
  3/2/2010HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2
  3/26/2010HouseRule 19(a) / Re-referred to Rules Committee
  1/11/2011HouseSession Sine Die

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