HB0230ham001 96TH GENERAL ASSEMBLY

Judiciary II - Criminal Law Committee

Filed: 3/12/2009

09600HB0230ham001 LRB096 03181 RLC 22185 a

AMENDMENT TO HOUSE BILL 230

AMENDMENT NO. ______. Amend House Bill 230 on page 1, by inserting immediately below line 3 the following:

"Section 3. The Criminal Code of 1961 is amended by changing Section 12-16.2 as follows:

(720 ILCS 5/12-16.2) (from Ch. 38, par. 12-16.2)

Sec. 12-16.2. Criminal Transmission of HIV. (a) A person commits criminal transmission of HIV when he or she, knowing that he or she is infected with HIV:

(1) engages in intimate contact with another;

(2) transfers, donates, or provides his or her blood, tissue, semen, organs, or other potentially infectious body fluids for transfusion, transplantation, insemination, or other administration to another; or

(3) dispenses, delivers, exchanges, sells, or in any other way transfers to another any nonsterile intravenous or intramuscular drug paraphernalia.

(b) For purposes of this Section:

"HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome.

"Intimate contact with another" means the exposure of the body of one person to a bodily fluid of another person in a manner that could result in the transmission of HIV as determined by the medical judgment of a physician.

"Intravenous or intramuscular drug paraphernalia" means any equipment, product, or material of any kind which is peculiar to and marketed for use in injecting a substance into the human body.

(c) Nothing in this Section shall be construed to require that an infection with HIV has occurred in order for a person to have committed criminal transmission of HIV.

(d) It shall be an affirmative defense that the person exposed knew that the infected person was infected with HIV, knew that the action could result in infection with HIV, and consented to the action with that knowledge.

(e) A person who commits criminal transmission of HIV commits a Class 2 felony.

(Source: P.A. 86-897.)".