SB1744 99TH GENERAL ASSEMBLY

LRB099 08070 RLC 28216 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1744

Introduced 2/20/2015, by Sen. Pamela J. Althoff

SYNOPSIS AS INTRODUCED:

730 ILCS 5/3-6-2.1 new
730 ILCS 5/3-10-14 new
730 ILCS 125/17.15 new

Amends the Unified Code of Corrections and the County Jail Act. Provides that if a person committed to the Department of Corrections or a prisoner in the county jail exposes his or her saliva or other bodily fluid to a correctional officer or a peace officer, the committed person or prisoner shall be compelled to submit his or her blood sample for analysis by a forensic laboratory approved by the chief administrative officer of the facility or the warden of the jail. Provides that the blood shall be withdrawn by a physician authorized to practice medicine, a licensed physician assistant, a licensed advanced practice nurse, a registered nurse, a trained phlebotomist, a licensed paramedic, or other qualified person designated by the chief administrative officer or warden of the jail. Provides that the blood shall be tested for HIV, AIDS, Hepatitis C, and other contagious diseases. Provides that the results of the test shall be forwarded to the chief administrative officer of the Department of Corrections or Department of Juvenile Justice facility or warden of the jail. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Unified Code of Corrections is amended by adding Sections 3-6-2.1 and 3-10-14 as follows:

(730 ILCS 5/3-6-2.1 new)

Sec. 3-6-2.1. Withdrawal of blood; testing. If a committed person exposes his or her saliva or other bodily fluid to a correctional officer of the Department or a peace officer, the committed person shall be compelled to submit his or her blood sample for analysis by a forensic laboratory approved by the chief administrative officer of the facility in which the committed person is assigned. The blood shall be withdrawn by a physician authorized to practice medicine, a licensed physician assistant, a licensed advanced practice nurse, a registered nurse, a trained phlebotomist, a licensed paramedic, or other qualified person designated by the chief administrative officer. The blood shall be tested for human immunodeficiency virus (HIV), acquired immunodeficiency syndrome, as defined by the Centers for Disease Control or the National Institutes of Health (AIDS), Hepatitis C, and other contagious diseases. The results of the test shall be forwarded to the chief administrative officer.

(730 ILCS 5/3-10-14 new)

Sec. 3-10-14. Withdrawal of blood; testing. If a person committed to the Department of Juvenile Justice exposes his or her saliva or other bodily fluid to a correctional officer of the Department or a peace officer, the person shall be compelled to submit his or her blood sample for analysis by a forensic laboratory approved by the chief administrative officer of the facility in which the committed person is assigned. The blood shall be withdrawn by a physician authorized to practice medicine, a licensed physician assistant, a licensed advanced practice nurse, a registered nurse, a trained phlebotomist, a licensed paramedic, or other qualified person designated by the chief administrative officer. The blood shall be tested for human immunodeficiency virus (HIV), acquired immunodeficiency syndrome, as defined by the Centers for Disease Control or the National Institutes of Health (AIDS), Hepatitis C, and other contagious diseases. The results of the test shall be forwarded to the chief administrative officer.

Section 10. The County Jail Act is amended by adding Section 17.15 as follows:

(730 ILCS 125/17.15 new)

Sec. 17.15. Withdrawal of blood; testing. If a prisoner of the jail exposes his or her saliva or other bodily fluid to a correctional officer of the county jail or a peace officer, the prisoner shall be compelled to submit his or her blood sample for analysis by a forensic laboratory approved by the warden of the jail. The blood shall be withdrawn by a physician authorized to practice medicine, a licensed physician assistant, a licensed advanced practice nurse, a registered nurse, a trained phlebotomist, a licensed paramedic, or other qualified person designated by the warden of the jail. The blood shall be tested for human immunodeficiency virus (HIV), acquired immunodeficiency syndrome, as defined by the Centers for Disease Control or the National Institutes of Health (AIDS), Hepatitis C, and other contagious diseases. The results of the test shall be forwarded to the warden of the jail.

Section 99. Effective date. This Act takes effect upon becoming law.