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 Provides that the blood shall be withdrawn by a physician authorized to practice medicine, a licensed physician assistant, a licensed advanced practice nurse, a registered nurse, a trained phlebotomist,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.


LRB099 08070 RLC 28216 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1744LRB099 08070 RLC 28216 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5adding Sections 3-6-2.1 and 3-10-14 as follows:
 
6    (730 ILCS 5/3-6-2.1 new)
7    Sec. 3-6-2.1. Withdrawal of blood; testing. If a committed
8person exposes his or her saliva or other bodily fluid to a
9correctional officer of the Department or a peace officer, the
10committed person shall be compelled to submit his or her blood
11sample for analysis by a forensic laboratory approved by the
12chief administrative officer of the facility in which the
13committed person is assigned. The blood shall be withdrawn by a
14physician authorized to practice medicine, a licensed
15physician assistant, a licensed advanced practice nurse, a
16registered nurse, a trained phlebotomist, a licensed
17paramedic, or other qualified person designated by the chief
18administrative officer. The blood shall be tested for human
19immunodeficiency virus (HIV), acquired immunodeficiency
20syndrome, as defined by the Centers for Disease Control or the
21National Institutes of Health (AIDS), Hepatitis C, and other
22contagious diseases. The results of the test shall be forwarded
23to the chief administrative officer.
 

 

 

SB1744- 2 -LRB099 08070 RLC 28216 b

1    (730 ILCS 5/3-10-14 new)
2    Sec. 3-10-14. Withdrawal of blood; testing. If a person
3committed to the Department of Juvenile Justice exposes his or
4her saliva or other bodily fluid to a correctional officer of
5the Department or a peace officer, the person shall be
6compelled to submit his or her blood sample for analysis by a
7forensic laboratory approved by the chief administrative
8officer of the facility in which the committed person is
9assigned. The blood shall be withdrawn by a physician
10authorized to practice medicine, a licensed physician
11assistant, a licensed advanced practice nurse, a registered
12nurse, a trained phlebotomist, a licensed paramedic, or other
13qualified person designated by the chief administrative
14officer. The blood shall be tested for human immunodeficiency
15virus (HIV), acquired immunodeficiency syndrome, as defined by
16the Centers for Disease Control or the National Institutes of
17Health (AIDS), Hepatitis C, and other contagious diseases. The
18results of the test shall be forwarded to the chief
19administrative officer.
 
20    Section 10. The County Jail Act is amended by adding
21Section 17.15 as follows:
 
22    (730 ILCS 125/17.15 new)
23    Sec. 17.15. Withdrawal of blood; testing. If a prisoner of

 

 

SB1744- 3 -LRB099 08070 RLC 28216 b

1the jail exposes his or her saliva or other bodily fluid to a
2correctional officer of the county jail or a peace officer, the
3prisoner shall be compelled to submit his or her blood sample
4for analysis by a forensic laboratory approved by the warden of
5the jail. The blood shall be withdrawn by a physician
6authorized to practice medicine, a licensed physician
7assistant, a licensed advanced practice nurse, a registered
8nurse, a trained phlebotomist, a licensed paramedic, or other
9qualified person designated by the warden of the jail. The
10blood shall be tested for human immunodeficiency virus (HIV),
11acquired immunodeficiency syndrome, as defined by the Centers
12for Disease Control or the National Institutes of Health
13(AIDS), Hepatitis C, and other contagious diseases. The results
14of the test shall be forwarded to the warden of the jail.
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.