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| 1 | AMENDMENT TO HOUSE BILL 230
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| 2 | AMENDMENT NO. ______. Amend House Bill 230 on page 1, by | ||||||
| 3 | inserting immediately below line 3 the following:
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| 4 | "Section 3. The Criminal Code of 1961 is amended by | ||||||
| 5 | changing Section 12-16.2 as follows:
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| 6 | (720 ILCS 5/12-16.2) (from Ch. 38, par. 12-16.2)
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| 7 | Sec. 12-16.2. Criminal Transmission of HIV. (a) A person | ||||||
| 8 | commits criminal
transmission of HIV when he or she, knowing | ||||||
| 9 | that he or she is infected with HIV:
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| 10 | (1) engages in intimate contact with another;
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| 11 | (2) transfers, donates, or provides his or her blood, | ||||||
| 12 | tissue, semen,
organs, or other potentially infectious body | ||||||
| 13 | fluids for transfusion,
transplantation, insemination, or | ||||||
| 14 | other administration to another; or
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| 15 | (3) dispenses, delivers, exchanges, sells, or in any other | ||||||
| 16 | way transfers
to another any nonsterile intravenous or | ||||||
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| 1 | intramuscular drug paraphernalia.
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| 2 | (b) For purposes of this Section:
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| 3 | "HIV" means the human immunodeficiency virus or any other | ||||||
| 4 | identified
causative agent of acquired immunodeficiency | ||||||
| 5 | syndrome.
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| 6 | "Intimate contact with another" means the exposure of the | ||||||
| 7 | body
of one person to a bodily fluid of another person in a | ||||||
| 8 | manner that could
result in the transmission of HIV as | ||||||
| 9 | determined by the medical judgment of a physician.
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| 10 | "Intravenous or intramuscular drug paraphernalia" means | ||||||
| 11 | any
equipment, product, or material of any kind which is | ||||||
| 12 | peculiar to and
marketed for use in injecting a substance into | ||||||
| 13 | the human body.
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| 14 | (c) Nothing in this Section shall be construed to require | ||||||
| 15 | that an infection
with HIV has occurred in order for a person | ||||||
| 16 | to have committed criminal
transmission of HIV.
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| 17 | (d) It shall be an affirmative defense that the person | ||||||
| 18 | exposed knew that the
infected person was infected with HIV, | ||||||
| 19 | knew that the action could result
in infection with HIV, and | ||||||
| 20 | consented to the action with that knowledge.
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| 21 | (e) A person who commits criminal transmission of HIV | ||||||
| 22 | commits a Class 2 felony.
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| 23 | (Source: P.A. 86-897.)".
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