Sen. Mike Jacobs
Filed: 5/11/2009
 
 

 




 

 		












09600HB1110sam002

LRB096 03921 RLC 26162 a






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AMENDMENT TO HOUSE BILL 1110 




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    AMENDMENT NO. ______. Amend House Bill 1110, AS AMENDED, 
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with reference to page and line numbers of Senate Amendment No. 
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1, by replacing lines 17 through 26 on page 6 and line 1 on page 
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7 with the following:
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    "(d-5) A prosecuting entity may issue: (i) a subpoena duces 
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tecum for the result of an HIV test administered prior to the 
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date of the alleged offense to a person charged with the 
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offense of criminal transmission of HIV or (ii) a subpoena for 
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the attendance of a

person whose employment duties included 
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notifying the person of the test result prior to

the date of 
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the alleged offense, so long as the return of the test result 
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or attendance of

the person pursuant to the subpoena is 
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submitted initially to the Court for an in camera

inspection. 
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Only upon a finding by the Court that the test result or 
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proffered testimony

are relevant to the pending offense and 
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that a prosecuting entity has a compelling need

for the test 
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result or attendance of the person, which need cannot be 
 


 






09600HB1110sam002
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LRB096 03921 RLC 26162 a




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reasonably accommodated by other means, the information sought 
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by the subpoena shall be disclosed to the prosecuting entity 
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and admissible if otherwise permitted by law. Upon the issuance 
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of an order to disclose HIV test results, the Court shall 
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impose appropriate safeguards against unauthorized disclosure, 
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which shall specify the persons who may gain access to the 
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information, the purposes for which the information shall be 
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used, and appropriate prohibitions on future disclosure.".