State of Illinois
91st General Assembly
Legislation

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91_SB0644

 
                                               LRB9104253RCcd

 1        AN  ACT  to  amend  the  Unified  Code  of Corrections by
 2    changing Sections 3-3-11.5 and 5-4-3.

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

 5        Section 5.  The Unified Code of Corrections is amended by
 6    changing Sections 3-3-11.5 and 5-4-3 as follows:

 7        (730 ILCS 5/3-3-11.5)
 8        Sec. 3-3-11.5.  Sex offender and forcible felony offender
 9     restrictions.
10        (a)  Definition.  For purposes of this Act: , a
11        "Sex  offender" is any person who has ever been convicted
12    of a sexual offense or attempt to commit  a  sexual  offense,
13    and   sentenced   to   a   term   of  imprisonment,  periodic
14    imprisonment, fine, probation, conditional discharge  or  any
15    other  form  of  sentence,  or  given  a disposition of court
16    supervision for the offense; or adjudicated or found to be  a
17    sexually dangerous person under any law substantially similar
18    to the Sexually Dangerous Persons Act; and
19        "Forcible  felony  offender"  is  any person who has been
20    convicted of a forcible felony as defined in Section  2-8  of
21    the  Criminal Code of 1961 or a substantially similar offense
22    of another state.
23        (b)  Residency restrictions.  No sex  offender  shall  be
24    accepted  for supervised or conditioned residency in Illinois
25    under the Interstate Compact for the Supervision of  Parolees
26    and Probationers unless he or she:
27             (1)  Complies  with  any  registration  requirements
28        imposed  by  the Sex Offender Registration Act within the
29        times  prescribed  and  with  law  enforcement   agencies
30        designated under that Act;
31             (2)  Complies  with  the  requirements  of paragraph
 
                            -2-                LRB9104253RCcd
 1        (a)(5)  of  Section  5-4-3  of  the   Unified   Code   of
 2        Corrections relating to the submission of blood specimens
 3        for  genetic  marker grouping by persons seeking transfer
 4        to or residency in Illinois; and
 5             (3)  Signs a written form approved by the Department
 6        of  Corrections  which,  at  a  minimum,   includes   the
 7        substance  of  this  Section  or  a  summary of it and an
 8        acknowledgement that he or she agrees  to  abide  by  the
 9        conditions set forth in that document and this Section.
10    (Source: P.A. 89-8, eff. 1-1-96.)

11        (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
12        Sec.  5-4-3.  Persons  convicted  of, or found delinquent
13    for, forcible felonies, sexual offenses or  institutionalized
14    as   sexually  dangerous;  blood  specimens;  genetic  marker
15    groups.
16        (a)  Any person convicted of, found  delinquent  for,  or
17    who  received  a  disposition  of  court  supervision  for, a
18    forcible felony, a sexual offense  or  attempt  of  a  sexual
19    offense  or  institutionalized as a sexually dangerous person
20    under the Sexually Dangerous Persons Act shall, regardless of
21    the sentence or disposition imposed, be  required  to  submit
22    specimens of blood to the Illinois Department of State Police
23    in  accordance  with the provisions of this Section, provided
24    such person is:
25             (1)  convicted  of  a  forcible  felony,  a   sexual
26        offense  or  attempt  of a sexual offense on or after the
27        effective date  of  this  amendatory  Act  of  1989,  and
28        sentenced   to   a   term   of   imprisonment,   periodic
29        imprisonment,  fine,  probation, conditional discharge or
30        any other form of sentence, or  given  a  disposition  of
31        court supervision for the offense, or
32             (1.5)  found delinquent under the Juvenile Court Act
33        of  1987  for  a  forcible  felony,  a  sexual offense or
 
                            -3-                LRB9104253RCcd
 1        attempt of a sexual offense on  or  after  the  effective
 2        date of this amendatory Act of 1996, or
 3             (2)  ordered   institutionalized   as   a   sexually
 4        dangerous  person  on or after the effective date of this
 5        amendatory Act of 1989, or
 6             (3)  convicted  of  a  forcible  felony,  a   sexual
 7        offense  or  attempt  of  a  sexual  offense  before  the
 8        effective  date  of  this  amendatory  Act of 1989 and is
 9        presently confined as a result of such conviction in  any
10        State   correctional   facility  or  county  jail  or  is
11        presently serving a sentence  of  probation,  conditional
12        discharge  or  periodic  imprisonment as a result of such
13        conviction, or
14             (4)  presently  institutionalized  as   a   sexually
15        dangerous  person  or  presently  institutionalized  as a
16        person found  guilty  but  mentally  ill  of  a  forcible
17        felony,  a  sexual  offense or attempt to commit a sexual
18        offense; or
19             (5)  seeking transfer to or  residency  in  Illinois
20        under  Sections  3-3-11  through  3-3-11.5 of the Unified
21        Code  of  Corrections   (Interstate   Compact   for   the
22        Supervision   of   Parolees   and  Probationers)  or  the
23        Interstate Agreements on Sexually Dangerous Persons Act.
24        (b)  Any person required by paragraphs (a)(1),  (a)(1.5),
25    and  (a)(2)  to  provide  specimens  of  blood  shall provide
26    specimens  of  blood  within  45  days  after  sentencing  or
27    disposition at a collection site designated by  the  Illinois
28    Department of State Police.
29        (c)  Any  person required by paragraphs (a)(3) and (a)(4)
30    to provide specimens of blood shall be  required  to  provide
31    such  samples prior to final discharge, parole, or release at
32    a collection site designated by the  Illinois  Department  of
33    State Police.
34        (c-5)  Any person required by paragraph (a)(5) to provide
 
                            -4-                LRB9104253RCcd
 1    specimens  of  blood  shall,  where  feasible, be required to
 2    provide the specimens before being accepted  for  conditioned
 3    residency   in  Illinois  under  the  interstate  compact  or
 4    agreement, but no later than 45 days after  arrival  in  this
 5    State.
 6        (d)  The   Illinois  Department  of  State  Police  shall
 7    provide all equipment  and  instructions  necessary  for  the
 8    collection of blood samples.  The collection of samples shall
 9    be   performed  in  a  medically  approved  manner.   Only  a
10    physician authorized to practice medicine, a registered nurse
11    or other qualified person approved by the Illinois Department
12    of Public Health may withdraw blood for the purposes of  this
13    Act.   The  samples  shall  thereafter  be  forwarded  to the
14    Illinois Department of State  Police,  Division  of  Forensic
15    Services,  for  analysis and categorizing into genetic marker
16    groupings.
17        (e)  The genetic marker groupings shall be maintained  by
18    the Illinois Department of State Police, Division of Forensic
19    Services.
20        (f)  The  genetic  marker  grouping  analysis information
21    obtained pursuant to this Act shall be confidential and shall
22    be released only to peace officers of the United  States,  of
23    other  states  or  territories, of the insular possessions of
24    the United States, of foreign countries  duly  authorized  to
25    receive  the  same,  to  all  peace  officers of the State of
26    Illinois and to all prosecutorial  agencies.  Notwithstanding
27    any   other   statutory   provision   to  the  contrary,  all
28    information obtained under this Section shall  be  maintained
29    in a single data base and may not be subject to expungement.
30        (g)  For  the  purposes of this Section, "sexual offense"
31    means any of the following:
32             (1)  Any violation of Sections 11-6, 11-9.1,  11-11,
33        11-15.1,  11-17.1,  11-18.1,  11-19.1,  11-19.2, 11-20.1,
34        12-13, 12-14, 12-14.1, 12-15,  12-16,  or  12-33  of  the
 
                            -5-                LRB9104253RCcd
 1        Criminal Code of 1961, or
 2             (2)  Any  former statute of this State which defined
 3        a felony sexual offense, or
 4             (3)  Any violation of paragraph (10)  of  subsection
 5        (b) of Section 10-5 of the Criminal Code of 1961 when the
 6        sentencing  court,  upon a motion by the State's Attorney
 7        or Attorney General,  makes  a  finding  that  the  child
 8        luring involved an intent to commit sexual penetration or
 9        sexual  conduct  as  defined  in  Section  12-12  of  the
10        Criminal Code of 1961.
11        (g-5)  For the purpose of this Section, "forcible felony"
12    has the meaning ascribed to it by Section 2-8 of the Criminal
13    Code of 1961.
14        (h)  The Illinois Department of State Police shall be the
15    State  central  repository  for  all  genetic marker grouping
16    analysis information obtained  pursuant  to  this  Act.   The
17    Illinois  Department of State Police may promulgate rules for
18    the form and manner of the collection of  blood  samples  and
19    other   procedures  for  the  operation  of  this  Act.   The
20    provisions of the Administrative Review Law  shall  apply  to
21    all actions taken under the rules so promulgated.
22        (i)  A  person required to provide a blood specimen shall
23    cooperate  with  the  collection  of  the  specimen  and  any
24    deliberate act by that person intended to  impede,  delay  or
25    stop  the  collection  of  the  blood  specimen  is a Class A
26    misdemeanor.
27        (j)  Any person required  by  subsection  (a)  to  submit
28    specimens of blood to the Illinois Department of State Police
29    for analysis and categorization into genetic marker grouping,
30    in  addition  to  any  other  disposition,  penalty,  or fine
31    imposed, shall pay an analysis fee of  $500.   Upon  verified
32    petition  of the person, the court may suspend payment of all
33    or part of the fee if it finds that the person does not  have
34    the ability to pay the fee.
 
                            -6-                LRB9104253RCcd
 1        (k)  All analysis and categorization fees provided for by
 2    subsection (j) shall be regulated as follows:
 3             (1)  The  State  Offender  DNA Identification System
 4        Fund is hereby created as a special  fund  in  the  State
 5        Treasury.
 6             (2)  All fees shall be collected by the clerk of the
 7        court   and   forwarded   to   the   State  Offender  DNA
 8        Identification System Fund for deposit.  The clerk of the
 9        circuit court may retain the  amount  of  $10  from  each
10        collected  analysis  fee  to  offset administrative costs
11        incurred in carrying  out  the  clerk's  responsibilities
12        under this Section.
13             (3)  Fees  deposited  into  the  State  Offender DNA
14        Identification System Fund  shall  be  used  by  Illinois
15        State  Police  crime  laboratories  as  designated by the
16        Director of  State  Police.   These  funds  shall  be  in
17        addition  to  any  allocations  made pursuant to existing
18        laws and shall be designated for  the  exclusive  use  of
19        State  crime  laboratories.   These uses may include, but
20        are not limited to, the following:
21                  (A)  Costs incurred in providing  analysis  and
22             genetic   marker   categorization   as  required  by
23             subsection (d).
24                  (B)  Costs  incurred  in  maintaining   genetic
25             marker groupings as required by subsection (e).
26                  (C)  Costs   incurred   in   the  purchase  and
27             maintenance  of  equipment  for  use  in  performing
28             analyses.
29                  (D)  Costs incurred in continuing research  and
30             development  of  new  techniques  for  analysis  and
31             genetic marker categorization.
32                  (E)  Costs  incurred  in  continuing education,
33             training, and professional development  of  forensic
34             scientists regularly employed by these laboratories.
 
                            -7-                LRB9104253RCcd
 1    (Source: P.A.  89-8,  eff.  1-1-96;  89-428,  eff.  12-13-95;
 2    89-462,  eff.  5-29-96;  89-550,  eff.  1-1-97;  90-124, eff.
 3    1-1-98; 90-130, eff. 1-1-98; 90-655,  eff.  7-30-98,  90-793,
 4    eff. 8-14-98.)

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