HB 4396 — CRIM PRO-BLOOD WITHDRAWL

*LRB09416026RLC51261b* HB4396 94THEngrossed GENERALLRB094 ASSEMBLY16026 StateRLC of51261 Illinoisb andAN 2006ACT HB4396concerning Introducedpublic 01/05/06,health. by Rep.

Ronald A.

Wait SYNOPSIS AS INTRODUCED:

ILCS 5/108-1.5 new Amends the Code of Criminal Procedure of 1963.

Provides that a peace officer who, in the course of a lawful arrest or investigation of an alleged criminal offense, is exposed to the blood or other bodily fluids of an alleged offender or other suspect may require that the alleged offender or suspect submit a sample of his or her blood to the law enforcement agency for whom the peace officer is employed for testing and analysis of the blood to determine if the alleged offender or suspect has any sexually transmissible or communicable disease, including a test for infection with HIV or any other identified causative agent of AIDS.

Provides that any such medical test shall be performed only by appropriately licensed medical practitioners and may include an analysis of any bodily fluids as well as an examination of the alleged offender or suspect’s person.

Provides that the costs of such testing and analysis shall be paid by the suspect or the alleged offender unless he or she is unable to pay for such testing and analysis in which case the testing and analysis shall be paid by the law enforcement agency for whom the peace officer who has been exposed to the blood or other bodily fluids is employed.

Provides that the results of the testing shall be disclosed only to the peace officer who has been exposed to the alleged offender or suspect’s blood or other bodily fluids.

LRB094 16026 RLC 51261 b FISCAL NOTE ACT MAY APPLY A BILL FOR HB4396 LRB094 16026 RLC 51261 b AN ACT concerning criminal law.

The CodeAIDS ofConfidentiality CriminalAct Procedure of 1963 is amended by addingchanging Section 108-1.57 as follows:

(725(410 ILCS 5/108-1.5305/7) new)(from Sec.Ch.

108-1.5.111 1/2, par.

Exposure7307) ofSec. peace officer to blood or other bodily fluids of alleged offender.

(a)7. A peace officer who, in the course of a lawful arrest or investigation of an alleged criminal offense, is exposed to the blood or other bodily fluids of an alleged offender or other suspect may require that the alleged offender or suspect submit a sample of his or her blood to the law enforcement agency for whom the peace officer is employed for testing and analysis of the blood to determine if the alleged offender or suspect has any sexually transmissible or communicable disease, including a test for infection with human immunodeficiency virus (HIV) or any other identified causative agent of acquired immunodeficiency syndrome (AIDS).

Any(a) suchNotwithstanding medicalthe provisions of Sections 4, 5 and 6 of this Act, written informed consent is not required for a health care provider or health facility to perform a test shallwhen bethe performedhealth onlycare byprovider appropriatelyor licensedhealth medicalfacility practitionersprocures, andprocesses, maydistributes includeor anuses analysisa ofhuman anybody bodilypart fluidsdonated asfor wella aspurpose anspecified examinationunder the Illinois Anatomical Gift Act, or semen provided prior to the effective date of this Act for the allegedpurpose offenderof artificial insemination, and such a test is necessary to assure medical acceptability of such gift or suspect’ssemen person.for the purposes intended.

(b) TheWritten resultsinformed ofconsent theis testingnot andrequired analysisfor ofa thehealth bloodcare ofprovider theor allegedhealth offenderfacility to perform a test when a health care provider or suspectemployee shallof bea kepthealth confidentialfacility, andor maya befirefighter disclosedor onlyan toEMT-A, theEMT-I peaceor officerEMT-P, whois cameinvolved in an accidental direct skin or mucous membrane contact with the allegedblood offender or suspect’sbodily bloodfluids orof otheran bodilyindividual fluids.which is of a nature that may transmit HIV, as determined by a physician in his medical judgment.

(c)Should The costs of such testingtest andprove analysisto shall be paidpositive, by the suspectpatient orand the allegedhealth offendercare unlessprovider, hehealth orfacility sheemployee, isfirefighter, unableEMT-A, toEMT-I, payor forEMT-P such testing and analysis in which case the testing and analysis shall be paidprovided byappropriate thecounseling lawconsistent enforcementwith agencythis forAct. HB4396 - 2 - LRB094 16026 RLC 51261 b whom the peace officer who has been exposed to the blood or other bodily fluids is employed.

(c) Written informed consent is not required for a health care provider or health facility to perform a test when a law enforcement officer is involved in the line of duty in a direct skin or mucous membrane contact with the blood or bodily fluids of an individual which is of a nature that may transmit HIV, as HB4396 Engrossed - 2 - LRB094 16026 RLC 51261 b determined by a physician in his medical judgment.

When the physician determines that a law enforcement officer in the line of duty has experienced a direct skin or mucous membrane contact with the blood or bodily fluids of an individual which is of a nature that may transmit HIV, the individual shall submit, upon the request of that law enforcement officer, to a test of blood or other bodily fluids to detect the presence of HIV.

Should such test prove to be positive, the patient shall be provided appropriate counseling consistent with this Act.

For purposes of this subsection (c), "law enforcement officer" means any person employed by the State, a county or a municipality as a policeman, peace officer, auxiliary policeman, correctional officer or in some like position involving the enforcement of the law and protection of the public interest at the risk of that person’s life.

(Source:

P.A.

93-794, eff.

7-22-04.)