Illinois General Assembly

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 Bill Status of HB1748  97th General Assembly


Short Description:  CD CORR-PRISONER TESTING-HIV

House Sponsors
Rep. Camille Y. Lilly - Constance A. Howard - Elizabeth Hernandez - Karen A. Yarbrough - Naomi D. Jakobsson, Al Riley, Greg Harris, Thaddeus Jones, Linda Chapa LaVia, Rita Mayfield, William Davis, Monique D. Davis, Arthur Turner, Patricia R. Bellock, Marlow H. Colvin and Esther Golar

Senate Sponsors
(Sen. Emil Jones, III - Toi W. Hutchinson - Jacqueline Y. Collins and Heather A. Steans)

Last Action
DateChamber Action
  8/12/2011HousePublic Act . . . . . . . . . 97-0323

Statutes Amended In Order of Appearance
730 ILCS 5/3-6-2from Ch. 38, par. 1003-6-2
730 ILCS 5/3-8-2from Ch. 38, par. 1003-8-2
730 ILCS 5/3-10-2from Ch. 38, par. 1003-10-2
730 ILCS 125/17.10


Synopsis As Introduced
Amends the Unified Code of Corrections. Provides that prior to the release of any inmate committed to a facility of the Department of Corrections or the Department of Juvenile Justice, the Department must provide the inmate with appropriate information in writing, by video, or other electronic means, concerning HIV and AIDS. Provides that the Department shall develop the informational materials in consultation with the Department of Public Health. Provides that at the same time, the Department must also offer the committed person the option of testing for infection with human immunodeficiency virus (HIV), with no copayment for the test. Provides that pre-test information shall be provided to the committed person and informed consent obtained as required in the AIDS Confidentiality Act. Provides that the Department may conduct opt-out HIV testing. Provides that the Department shall follow procedures established by the Department of Public Health to conduct HIV testing and testing to confirm positive HIV test results. Eliminates references to the ELISA test and the Western Blot Assay test. Eliminates provision that HIV information and testing provided to inmates is subject to appropriation. Amends the County Jail Act. Provides that inmates of the Cook County Jail shall be provided information and testing conducted by an employee of the Cook County Health & Hospitals System (rather than the Bureau of Health Services).

House Committee Amendment No. 1
Adds reference to:
730 ILCS 5/3-6-2from Ch. 38, par. 1003-6-2
730 ILCS 5/3-8-2from Ch. 38, par. 1003-8-2
730 ILCS 5/3-10-2from Ch. 38, par. 1003-10-2
730 ILCS 125/17.10

Replaces everything after the enacting clause. Amends the Unified Code of Corrections. Provides that prior to the release of any inmate committed to a facility of the Department of Corrections or the Department of Juvenile Justice, the Department must provide the inmate with appropriate information verbally, in writing, by video, or other electronic means, concerning HIV and AIDS. Provides that the Department shall develop the informational materials in consultation with the Department of Public Health. Provides that at the same time, the Department must also offer the committed person the option of testing for infection with human immunodeficiency virus (HIV), with no copayment for the test. Provides that pre-test information shall be provided to the committed person and informed consent obtained as required in the AIDS Confidentiality Act. Provides that the Department may conduct opt-out HIV testing. Provides that the Department shall follow procedures established by the Department of Public Health to conduct HIV testing and testing to confirm positive HIV test results. Eliminates references to the ELISA test and the Western Blot Assay test. Eliminates provision that HIV information and testing provided to inmates is subject to appropriation. Provides that nothing in these provisions shall require the Department to offer HIV testing to an inmate who is known to be infected with HIV, or who has been tested for HIV within the previous 180 days and whose documented HIV test result is available to the Department electronically. Amends the County Jail Act. Provides that inmates of the Cook County Jail shall be provided information and testing conducted by an employee of the Cook County Health & Hospitals System (rather than the Bureau of Health Services). Provides that nothing in these provisions shall require the Cook County Health and Hospitals System to offer HIV testing to inmates who are known to be infected with HIV. Effective August 1, 2011.

Actions 
DateChamber Action
  2/16/2011HouseFiled with the Clerk by Rep. Camille Y. Lilly
  2/16/2011HouseFirst Reading
  2/16/2011HouseReferred to Rules Committee
  2/17/2011HouseAdded Chief Co-Sponsor Rep. Constance A. Howard
  2/22/2011HouseAssigned to Judiciary II - Criminal Law Committee
  2/23/2011HouseAdded Chief Co-Sponsor Rep. Al Riley
  2/24/2011HouseAdded Chief Co-Sponsor Rep. Elizabeth Hernandez
  2/24/2011HouseAdded Chief Co-Sponsor Rep. Greg Harris
  2/24/2011HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  2/24/2011HouseAdded Co-Sponsor Rep. Thaddeus Jones
  3/2/2011HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/2/2011HouseAdded Co-Sponsor Rep. Rita Mayfield
  3/14/2011HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Camille Y. Lilly
  3/14/2011HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/16/2011HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary II - Criminal Law Committee
  3/17/2011HouseRecommends Do Pass Subcommittee/ Judiciary II - Criminal Law Committee; 003-000-000
  3/17/2011HouseRemains in Judiciary II - Criminal Law Committee
  3/17/2011HouseHouse Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/17/2011HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 007-000-000
  3/17/2011HousePlaced on Calendar 2nd Reading - Short Debate
  3/29/2011HouseSecond Reading - Short Debate
  3/29/2011HouseHeld on Calendar Order of Second Reading - Short Debate
  3/29/2011HouseHouse Committee Amendment No. 1 Fiscal Note Requested as Amended by Rep. Chapin Rose
  3/29/2011HouseHouse Committee Amendment No. 1 State Mandates Fiscal Note Requested as Amended by Rep. Chapin Rose
  3/29/2011HouseHouse Committee Amendment No. 1 Correctional Note Requested as Amended by Rep. Chapin Rose
  3/29/2011HouseHouse Committee Amendment No. 1 Fiscal Note Requested as Amended - Withdrawn by Rep. Chapin Rose
  3/29/2011HouseHouse Committee Amendment No. 1 State Mandates Fiscal Note Requested as Amended - Withdrawn by Rep. Chapin Rose
  3/29/2011HouseHouse Committee Amendment No. 1 Correctional Note Requested as Amended - Withdrawn by Rep. Chapin Rose
  3/30/2011HouseSecond Reading - Short Debate
  3/30/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/30/2011HouseAdded Co-Sponsor Rep. William Davis
  3/30/2011HouseRemove Chief Co-Sponsor Rep. Al Riley
  3/30/2011HouseRemove Chief Co-Sponsor Rep. Greg Harris
  3/30/2011HouseAdded Co-Sponsor Rep. Al Riley
  3/30/2011HouseAdded Co-Sponsor Rep. Greg Harris
  3/30/2011HouseAdded Chief Co-Sponsor Rep. Karen A. Yarbrough
  3/30/2011HouseAdded Chief Co-Sponsor Rep. Naomi D. Jakobsson
  3/30/2011HouseRemoved Co-Sponsor Rep. Naomi D. Jakobsson
  3/30/2011HouseAdded Co-Sponsor Rep. Monique D. Davis
  3/30/2011HouseAdded Co-Sponsor Rep. Arthur Turner
  3/31/2011HouseAdded Co-Sponsor Rep. Patricia R. Bellock
  3/31/2011HouseAdded Co-Sponsor Rep. Marlow H. Colvin
  3/31/2011HouseThird Reading - Short Debate - Passed 112-000-000
  3/31/2011HouseAdded Co-Sponsor Rep. Esther Golar
  4/6/2011SenateArrive in Senate
  4/6/2011SenatePlaced on Calendar Order of First Reading
  4/6/2011SenateChief Senate Sponsor Sen. Emil Jones, III
  4/6/2011SenateAdded as Alternate Chief Co-Sponsor Sen. Toi W. Hutchinson
  4/7/2011SenateFirst Reading
  4/7/2011SenateReferred to Assignments
  4/27/2011SenateAssigned to Criminal Law
  5/6/2011SenatePostponed - Criminal Law
  5/11/2011SenateAdded as Alternate Co-Sponsor Sen. Heather A. Steans
  5/11/2011SenateDo Pass Criminal Law; 005-000-000
  5/11/2011SenatePlaced on Calendar Order of 2nd Reading May 12, 2011
  5/12/2011SenateSecond Reading
  5/12/2011SenatePlaced on Calendar Order of 3rd Reading May 13, 2011
  5/17/2011SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/17/2011SenateThird Reading - Passed; 058-000-000
  5/17/2011HousePassed Both Houses
  6/15/2011HouseSent to the Governor
  8/12/2011HouseGovernor Approved
  8/12/2011HouseEffective Date August 12, 2011
  8/12/2011HousePublic Act . . . . . . . . . 97-0323

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