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IL SB3673
Bill
AI Summary
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Amends the AIDS Confidentiality Act to allow courts to order production of HIV-related records in criminal transmission of HIV cases when reasonable suspicion exists, with records initially submitted for in camera inspection before disclosure to prosecutors.
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Changes the criminal transmission of HIV statute to require "specific intent to commit the offense" rather than just "knowing" infection status, raising the mental state requirement for conviction.
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Narrows the definition of prohibited sexual activity to specific acts (insertive vaginal or anal intercourse by infected males, receptive consensual vaginal intercourse by infected females with males, or receptive consensual anal intercourse by infected persons with males) rather than broader "intimate contact."
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Requires knowledge of HIV infection for all three transmission methods: sexual activity without condoms, transfer of blood or body fluids, and sharing of nonsterile drug paraphernalia.
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Preserves the affirmative defense that an exposed person knew the other was infected with HIV, knew infection could result, and consented with that knowledge.
Legislative Description
CRIM CD-CRIM TRANSMISSION HIV
Last Action
Public Act . . . . . . . . . 97-1046
8/21/2012