Important note: Information in this article was accurate in 1993. The state of the art may have changed since the publication date.
Chicago Tribune (CT) - THURSDAY November 11, 1993 Edition: NORTHWEST SPORTS FINAL Section: NORTHWEST Page: 6 Word Count: 380
William Grady, Tribune Legal Affairs Writer
"There is no rational basis for what the legislature did here," said Michael L. Closen, a professor at John Marshall Law School in Chicago and one of the attorneys challenging the constitutionality of the law on behalf of two Downstate residents.
Closen contended the language of the 4-year-old statute was so vague that people with the human immunodeficiency virus could face felony charges if they sought medical care. But Gerry Arnold, a staff lawyer with the state appellate prosecutor's office, urged the justices to disregard the hypotheticals and look at the facts of the cases before them.
He noted that both of the defendants had been charged with violating the law by engaging in sexual intercourse and suggested that the law was not vague in the context of these cases.
"Sexual intercourse is generally acknowledged as a means of transmitting HIV," Arnold said.
And, he said, how best to combat the spread of AIDS was a policy decision that ought to be left up to the legislature.
The Illinois law allows state prosecutors to bring felony criminal charges against anyone who, knowing he or she is infected with HIV, engages in activities-including intimate conduct, donating blood or sharing dirty needles-that transmit the AIDS virus.
Only a handful of people have been charged under the law since it was approved in 1989. In separate decisions, trial judges dismissed the criminal transmission of HIV charges, ruling that the law was unconstitutional.
Judicial review so far, though, has been mixed.
In March, a state Appellate Court panel in another case upheld the convictions of a Downstate man charged with sexually assaulting a 9-year-old boy and criminal transmission of HIV.
At least 27 states have laws criminalizing some sort of conduct that could transmit HIV., but there are a wide variety of approaches. The statutes in some states are aimed chiefly at prostitution; some states allow for criminal charges only if an HIV-infected person donates blood. Other states try to prohibit people from engaging in sexual activity if they know they are infected with HIV.
931111
CT931105
Copyright © 1993 - Chicago Tribune. All rights reserved. Reproduced with permission. Reproduction of this article (other than one copy for personal reference) must be cleared through the Chicago Tribune, Permissions Desk, 435 North Michigan Avenue, Chicago, IL 60611 http://www.chicagotribune.com
AEGiS is a 501(c)3, not-for-profit, tax-exempt, educational corporation. AEGiS is made possible through unrestricted funding from Broadway Cares/Equity Fights AIDS, the Elton John AIDS Foundation, National Library of Medicine, Pacific Life Foundation, and donations from users like you.
Always watch for outdated information. This article first appeared in 1993. This material is designed to support, not replace, the relationship that exists between you and your doctor.
AEGiS presents published material, reprinted with permission and neither endorses nor opposes any material. All information contained on this website, including information relating to health conditions, products, and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals. Always discuss treatment options with a doctor who specializes in treating HIV.
Copyright ©1980, 1993. AEGiS. All materials appearing on AEGiS are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of AEGiS, or the party credited as the provider of the content. .