94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4396


 
Introduced 01/05/06, by Rep. Ronald A. Wait
 
SYNOPSIS AS INTRODUCED:
 		













725 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






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    AN ACT concerning criminal  law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Code of Criminal Procedure of 1963 is 
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amended  by adding Section 108-1.5 as follows:
 
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    (725 ILCS 5/108-1.5  new)
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    Sec. 108-1.5. Exposure of peace officer to blood or other 
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bodily fluids of alleged offender.
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    (a) A peace officer who, in the course of a lawful arrest 
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or investigation of an alleged criminal offense, is exposed to 
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the blood or other bodily fluids of an alleged offender or 
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other suspect may require  that the alleged offender or suspect  
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submit a sample of his or her blood to the law enforcement 
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agency  for whom the peace officer is employed for testing and 
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analysis of the blood to determine if the alleged offender or 
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suspect has any sexually transmissible or communicable 
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disease,
including a test for infection with human 
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immunodeficiency virus (HIV) or
any other identified causative 
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agent of acquired immunodeficiency syndrome
(AIDS).  Any such 
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medical test shall be performed only by appropriately
licensed 
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medical practitioners and may include an analysis of any bodily

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fluids as well as an examination of the alleged offender or 
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suspect's person.

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    (b) The results of the testing and analysis of the blood of 
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the alleged offender or suspect shall be kept confidential and 
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may be disclosed only to the peace officer who came in contact 
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with the alleged offender or suspect's blood or other bodily 
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fluids.
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    (c) The costs of such testing and analysis shall be paid by 
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the suspect or the alleged offender unless he or she is unable 
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to pay for such testing and analysis in which case the testing 
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and analysis shall be paid by the law enforcement agency for 
 


 






HB4396
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LRB094 16026 RLC 51261 b




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whom the peace officer who has been exposed to the blood or 
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other bodily fluids is employed.