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91_SB0644sam002
LRB9104253RCsbam
1 AMENDMENT TO SENATE BILL 644
2 AMENDMENT NO. . Amend Senate Bill 644 by replacing
3 the title with the following:
4 "AN ACT to amend the Unified Code of Corrections by
5 changing Section 5-4-3."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Unified Code of Corrections is amended
9 by changing Section 5-4-3 as follows:
10 (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
11 Sec. 5-4-3. Persons convicted of, or found delinquent
12 for, qualifying sexual offenses or institutionalized as
13 sexually dangerous; blood specimens; genetic marker groups.
14 (a) Any person convicted of, found guilty under the
15 Juvenile Court Act of 1987 delinquent for, or who received a
16 disposition of court supervision for, a qualifying sexual
17 offense or attempt of a qualifying sexual offense, or
18 institutionalized as a sexually dangerous person under the
19 Sexually Dangerous Persons Act, or committed as a sexually
20 violent person under the Sexually Violent Persons Commitment
21 Act shall, regardless of the sentence or disposition imposed,
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1 be required to submit specimens of blood to the Illinois
2 Department of State Police in accordance with the provisions
3 of this Section, provided such person is:
4 (1) convicted of a qualifying sexual offense or
5 attempt of a qualifying sexual offense on or after the
6 effective date of this amendatory Act of 1989, and
7 sentenced to a term of imprisonment, periodic
8 imprisonment, fine, probation, conditional discharge or
9 any other form of sentence, or given a disposition of
10 court supervision for the offense, or
11 (1.5) found guilty or given supervision delinquent
12 under the Juvenile Court Act of 1987 for a qualifying
13 sexual offense or attempt of a qualifying sexual offense
14 on or after the effective date of this amendatory Act of
15 1996, or
16 (2) ordered institutionalized as a sexually
17 dangerous person on or after the effective date of this
18 amendatory Act of 1989, or
19 (3) convicted of a qualifying sexual offense or
20 attempt of a qualifying sexual offense before the
21 effective date of this amendatory Act of 1989 and is
22 presently confined as a result of such conviction in any
23 State correctional facility or county jail or is
24 presently serving a sentence of probation, conditional
25 discharge or periodic imprisonment as a result of such
26 conviction, or
27 (4) presently institutionalized as a sexually
28 dangerous person or presently institutionalized as a
29 person found guilty but mentally ill of a sexual offense
30 or attempt to commit a sexual offense; or
31 (4.5) ordered committed as a sexually violent
32 person on or after the effective date of the Sexually
33 Violent Persons Commitment Act; or
34 (5) seeking transfer to or residency in Illinois
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1 under Sections 3-3-11 through 3-3-11.5 of the Unified
2 Code of Corrections (Interstate Compact for the
3 Supervision of Parolees and Probationers) or the
4 Interstate Agreements on Sexually Dangerous Persons Act.
5 (a-5) Any person who was otherwise convicted of or
6 received a disposition of court supervision for any other
7 offense under the Criminal Code of 1961 or any offense
8 classified as a felony under Illinois law or who was found
9 guilty or given supervision for such a violation under the
10 Juvenile Court Act of 1987, may, regardless of the sentence
11 imposed, be required by an order of the court to submit
12 specimens of blood to the Illinois Department of State Police
13 in accordance with the provisions of this Section.
14 (b) Any person required by paragraphs (a)(1), (a)(1.5),
15 and (a)(2), and (a-5) to provide specimens of blood shall
16 provide specimens of blood within 45 days after sentencing or
17 disposition at a collection site designated by the Illinois
18 Department of State Police.
19 (c) Any person required by paragraphs (a)(3), and (a)(4)
20 , and (a)(4.5) to provide specimens of blood shall be
21 required to provide such samples prior to final discharge,
22 parole, or release at a collection site designated by the
23 Illinois Department of State Police.
24 (c-5) Any person required by paragraph (a)(5) to provide
25 specimens of blood shall, where feasible, be required to
26 provide the specimens before being accepted for conditioned
27 residency in Illinois under the interstate compact or
28 agreement, but no later than 45 days after arrival in this
29 State.
30 (d) The Illinois Department of State Police shall
31 provide all equipment and instructions necessary for the
32 collection of blood samples. The collection of samples shall
33 be performed in a medically approved manner. Only a
34 physician authorized to practice medicine, a registered nurse
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1 or other qualified person trained in venipuncture approved by
2 the Illinois Department of Public Health may withdraw blood
3 for the purposes of this Act. The samples shall thereafter
4 be forwarded to the Illinois Department of State Police,
5 Division of Forensic Services, for analysis and categorizing
6 into genetic marker groupings.
7 (e) The genetic marker groupings shall be maintained by
8 the Illinois Department of State Police, Division of Forensic
9 Services.
10 (f) The genetic marker grouping analysis information
11 obtained pursuant to this Act shall be confidential and shall
12 be released only to peace officers of the United States, of
13 other states or territories, of the insular possessions of
14 the United States, of foreign countries duly authorized to
15 receive the same, to all peace officers of the State of
16 Illinois and to all prosecutorial agencies. Notwithstanding
17 any other statutory provision to the contrary, all
18 information obtained under this Section shall be maintained
19 in a single State data base, which may be uploaded into a
20 national database, and may not be subject to expungement.
21 (g) For the purposes of this Section, "qualifying sexual
22 Sections 11-6, 11-9.1, 11-11,
25 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1,
26 12-11, 12-11.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, or
27 12-33, 18-3, or 18-4 of the Criminal Code of 1961, or
28 (1.1) Any violation of Section 18-1, 18-2, 19-1 or
29 19-2 of the Criminal Code of 1961 committed on or after
30 July 1, 2001, or
31 (2) Any former statute of this State which defined
32 a felony sexual offense, or
33 (3) Any violation of paragraph (10) of subsection
34 (b) of Section 10-5 of the Criminal Code of 1961 when the
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1 sentencing court, upon a motion by the State's Attorney
2 or Attorney General, makes a finding that the child
3 luring involved an intent to commit sexual penetration or
4 sexual conduct as defined in Section 12-12 of the
5 Criminal Code of 1961.
6 (h) The Illinois Department of State Police shall be the
7 State central repository for all genetic marker grouping
8 analysis information obtained pursuant to this Act. The
9 Illinois Department of State Police may promulgate rules for
10 the form and manner of the collection of blood samples and
11 other procedures for the operation of this Act. The
12 provisions of the Administrative Review Law shall apply to
13 all actions taken under the rules so promulgated.
14 (i) A person required to provide a blood specimen shall
15 cooperate with the collection of the specimen and any
16 deliberate act by that person intended to impede, delay or
17 stop the collection of the blood specimen is a Class A
18 misdemeanor.
19 (j) Any person required by subsection (a) to submit
20 specimens of blood to the Illinois Department of State Police
21 for analysis and categorization into genetic marker grouping,
22 in addition to any other disposition, penalty, or fine
23 imposed, shall pay an analysis fee of $500. Upon verified
24 petition of the person, the court may suspend payment of all
25 or part of the fee if it finds that the person does not have
26 the ability to pay the fee.
27 (k) All analysis and categorization fees provided for by
28 subsection (j) shall be regulated as follows:
29 (1) The State Offender DNA Identification System
30 Fund is hereby created as a special fund in the State
31 Treasury.
32 (2) All fees shall be collected by the clerk of the
33 court and forwarded to the State Offender DNA
34 Identification System Fund for deposit. The clerk of the
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1 circuit court may retain the amount of $10 from each
2 collected analysis fee to offset administrative costs
3 incurred in carrying out the clerk's responsibilities
4 under this Section.
5 (3) Fees deposited into the State Offender DNA
6 Identification System Fund shall be used by Illinois
7 State Police crime laboratories as designated by the
8 Director of State Police. These funds shall be in
9 addition to any allocations made pursuant to existing
10 laws and shall be designated for the exclusive use of
11 State crime laboratories. These uses may include, but
12 are not limited to, the following:
13 (A) Costs incurred in providing analysis and
14 genetic marker categorization as required by
15 subsection (d).
16 (B) Costs incurred in maintaining genetic
17 marker groupings as required by subsection (e).
18 (C) Costs incurred in the purchase and
19 maintenance of equipment for use in performing
20 analyses.
21 (D) Costs incurred in continuing research and
22 development of new techniques for analysis and
23 genetic marker categorization.
24 (E) Costs incurred in continuing education,
25 training, and professional development of forensic
26 scientists regularly employed by these laboratories.
27 (1) The failure of a person to provide a specimen,
28 or of any person or agency to collect a specimen, within
29 the 45 day period shall in no way alter the obligation of
30 the person to submit such specimen, or the authority of
31 the Illinois Department of State Police or persons
32 designated by the Department to collect the specimen, or
33 the authority of the Illinois Department of State Police
34 to accept, analyze and maintain the specimen or to
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1 maintain or upload results of genetic marker grouping
2 analysis information into a State or national database.
3 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 12-13-95;
4 89-462, eff. 5-29-96; 89-550, eff. 1-1-97; 90-124, eff.
5 1-1-98; 90-130, eff. 1-1-98; 90-655, eff. 7-30-98, 90-793,
6 eff. 8-14-98.)
7 Section 99. Effective date. This Act takes effect on
8 January 1, 2000.".