Cicero Police Detective John Savage. (Credit: Cook County Sheriff)

CHICAGO (CBS) — An HIV-positive Cicero police detective faces felony charges, for allegedly having unprotected sex with a man who did not know the detective was infected.

Although the law under which Cicero Detective John Savage is charged is “transmission of HIV,” State’s Attorney’s spokesperson Sandra Simonton said the alleged victim has not tested positive.

She said the 38-year-old Savage and the 24-year-old man met on a gay dating Web site, exchanged text messages, e-mails and phone calls, and went on dates July 10 and July 29.

The prosecutor said only after the two had unprotected sex on the second date did Savage disclose in text messages that he was HIV-positive.

If true, that would violate a state law then requiring HIV-positive persons to disclose that fact before engaging in sex. The law changed in August to include the failure to wear a condom.

Simonton said Savage did not wear a condom.

The victim has not tested positive for HIV, but Simonton said that is not a defense.

Town of Cicero spokesman Ray Hanania said sheriff’s police arrested Savage at the Cicero Police station. He was immediately suspended, pending trial.

“All of the incident involved him while he was off-duty,” Hanania said.

Judge Ann Collins released Savage on a personal recognizance bond.  Simonton said Savage returns to Maywood Court next Thursday.