S.B. 3637, 97th Gen. Assemb., Reg. Sess. (Ill. 2012)

SB 3673, passed during the spring of 2012, amends Illinois' HIV criminalization law to make several significant changes, which are highlighted in the attached copy of the statute. Most significantly the law limits prosecution to a more narrowly defined "sexual activity" (rather than "intimate contact") which includes anal and vaginal intercourse, limits prosecution to sexual activity without a condom, requires that prosecutors show that a defendant had the specific intent to "commit the offense" in order to sustain a prosecution, and problematically allows a broader release and disclosure of an individual's health records, not limited to HIV status, to a court. While the focus on unprotected intercourse with intent is an improvement, the law continues to allow prosecution where no harm has occurred.

As before, no actual transmission of HIV is required in order to prosecute an individual under the law, and violation of the statute is punishable as a Class 2 felony, subject to a $25,000 fine and 3 to 7 years in prison.