Sen. Mike Jacobs
Filed: 5/11/2009
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1 | AMENDMENT TO HOUSE BILL 1110
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2 | AMENDMENT NO. ______. Amend House Bill 1110, AS AMENDED, | ||||||
3 | with reference to page and line numbers of Senate Amendment No. | ||||||
4 | 1, by replacing lines 17 through 26 on page 6 and line 1 on page | ||||||
5 | 7 with the following: | ||||||
6 | " (d-5) A prosecuting entity may issue: (i) a subpoena duces | ||||||
7 | tecum for the result of an HIV test administered prior to the | ||||||
8 | date of the alleged offense to a person charged with the | ||||||
9 | offense of criminal transmission of HIV or (ii) a subpoena for | ||||||
10 | the attendance of a
person whose employment duties included | ||||||
11 | notifying the person of the test result prior to
the date of | ||||||
12 | the alleged offense, so long as the return of the test result | ||||||
13 | or attendance of
the person pursuant to the subpoena is | ||||||
14 | submitted initially to the Court for an in camera
inspection. | ||||||
15 | Only upon a finding by the Court that the test result or | ||||||
16 | proffered testimony
are relevant to the pending offense and | ||||||
17 | that a prosecuting entity has a compelling need
for the test | ||||||
18 | result or attendance of the person, which need cannot be |
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1 | reasonably accommodated by other means, the information sought | ||||||
2 | by the subpoena shall be disclosed to the prosecuting entity | ||||||
3 | and admissible if otherwise permitted by law. Upon the issuance | ||||||
4 | of an order to disclose HIV test results, the Court shall | ||||||
5 | impose appropriate safeguards against unauthorized disclosure, | ||||||
6 | which shall specify the persons who may gain access to the | ||||||
7 | information, the purposes for which the information shall be | ||||||
8 | used, and appropriate prohibitions on future disclosure. ".
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