Sen. Mike Jacobs

Filed: 5/11/2009

 

 


 

 


 
09600HB1110sam002 LRB096 03921 RLC 26162 a

1
AMENDMENT TO HOUSE BILL 1110

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

 

 

09600HB1110sam002 - 2 - LRB096 03921 RLC 26162 a

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.".