Rep. Susana Mendoza
Filed: 3/25/2004
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1 | AMENDMENT TO HOUSE BILL 4825
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2 | AMENDMENT NO. ______. Amend House Bill 4825, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Code of Criminal Procedure of 1963 is | ||||||
6 | amended by adding Section 107-2.5 as follows: | ||||||
7 | (725 ILCS 5/107-2.5 new) | ||||||
8 | Sec. 107-2.5. DNA fingerprinting analysis. | ||||||
9 | (a) Every person arrested for committing a felony as | ||||||
10 | defined in Section 2-7 of the Criminal Code of 1961 shall have | ||||||
11 | a sample of his or her saliva or tissue taken for DNA | ||||||
12 | fingerprinting analysis, at the time of booking, for the | ||||||
13 | purpose of determining identity and for the purposes specified | ||||||
14 | in this Section and subsection (f) of Section 5-4-3 of the | ||||||
15 | Unified Code of Corrections. Any law enforcement agency | ||||||
16 | extracting DNA samples under this Section shall be required to | ||||||
17 | follow all written rules and regulations for the collection, | ||||||
18 | storage, and processing of those samples promulgated by the | ||||||
19 | Department of State Police. The analysis shall be performed by | ||||||
20 | the Department of State Police or a specific agent approved by | ||||||
21 | the Department of State Police. The identification | ||||||
22 | characteristics resulting from the DNA analysis shall be stored | ||||||
23 | and maintained by the Department of State Police or the | ||||||
24 | specific agent approved by the Department. All results |
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1 | developed from collected DNA samples shall be subject to any | ||||||
2 | and all confidentiality provisions of State and federal laws. | ||||||
3 | The specific agent approved by the Department of State Police | ||||||
4 | to store and analyze DNA samples shall be required to meet all | ||||||
5 | Illinois State Police laboratory accreditation requirements | ||||||
6 | and shall properly forward the results of the DNA analysis to | ||||||
7 | the Department of State Police. | ||||||
8 | (b) If charges are dismissed or an individual is found not | ||||||
9 | guilty, any expungement of that person's DNA sample shall be in | ||||||
10 | accordance with the procedures set forth in Section 5 of the | ||||||
11 | Criminal Identification Act. | ||||||
12 | (c) Subject to appropriation, the Department of State | ||||||
13 | Police shall implement this Section; however, this Section | ||||||
14 | becomes operative no later than the earliest of the following:
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15 | (1) two years after the effective date of this amendatory Act | ||||||
16 | of the 93rd General Assembly;
(2) the date on which the | ||||||
17 | Department of State Police informs law enforcement agencies | ||||||
18 | that the Department is ready to collect samples; or
(3) January | ||||||
19 | 1, 2007. | ||||||
20 | Section 10. The Unified Code of Corrections is amended by | ||||||
21 | changing Section 5-4-3 as follows:
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22 | (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
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23 | Sec. 5-4-3. Persons convicted of, or found delinquent for, | ||||||
24 | certain
offenses or institutionalized as sexually dangerous; | ||||||
25 | specimens;
genetic marker groups.
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26 | (a) Any person convicted of, found guilty under the | ||||||
27 | Juvenile Court Act of
1987 for, or who received a disposition | ||||||
28 | of court supervision for, a qualifying
offense or attempt of a | ||||||
29 | qualifying offense, arrested for or convicted or found guilty | ||||||
30 | of any
offense classified as a felony under Illinois law, found | ||||||
31 | guilty or given
supervision for any offense classified as a | ||||||
32 | felony under the Juvenile Court Act
of 1987, or |
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1 | institutionalized as a sexually dangerous person under the | ||||||
2 | Sexually
Dangerous Persons Act, or committed as a sexually | ||||||
3 | violent person under the
Sexually Violent Persons Commitment | ||||||
4 | Act shall, regardless of the sentence or
disposition imposed, | ||||||
5 | be required to submit specimens of blood, saliva, or
tissue to | ||||||
6 | the Illinois Department of State Police in accordance with the
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7 | provisions of this Section, provided such person is:
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8 | (1) convicted of a qualifying offense or attempt of a | ||||||
9 | qualifying offense
on or after July 1, 1990 and sentenced | ||||||
10 | to a term of imprisonment, periodic imprisonment, fine,
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11 | probation, conditional discharge or any other form of | ||||||
12 | sentence, or given a
disposition of court supervision for | ||||||
13 | the offense;
| ||||||
14 | (1.5) found guilty or given supervision under the | ||||||
15 | Juvenile Court Act of
1987 for a qualifying offense or | ||||||
16 | attempt of a qualifying offense on or after
January 1, | ||||||
17 | 1997;
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18 | (2) ordered institutionalized as a sexually dangerous | ||||||
19 | person on or after
July 1, 1990;
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20 | (3) convicted of a qualifying offense or attempt of a | ||||||
21 | qualifying offense
before July 1, 1990
and is presently | ||||||
22 | confined as a result of such conviction in any State
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23 | correctional facility or county jail or is presently | ||||||
24 | serving a sentence of
probation, conditional discharge or | ||||||
25 | periodic imprisonment as a result of such
conviction;
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26 | (3.5) convicted or found guilty of any offense | ||||||
27 | classified as a felony
under Illinois law or found guilty | ||||||
28 | or given supervision for such an offense
under the Juvenile | ||||||
29 | Court Act of 1987 on or after August 22, 2002;
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30 | (4) presently institutionalized as a sexually | ||||||
31 | dangerous person or
presently institutionalized as a | ||||||
32 | person found guilty but mentally ill of a
sexual offense or | ||||||
33 | attempt to commit a sexual offense;
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34 | (4.5) ordered committed as a sexually violent person on |
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1 | or after the
effective date of the Sexually Violent Persons | ||||||
2 | Commitment Act; or
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3 | (5) seeking transfer to or residency in Illinois under | ||||||
4 | Sections 3-3-11.05
through 3-3-11.5 of the Unified Code of | ||||||
5 | Corrections and the Interstate Compact
for Adult Offender | ||||||
6 | Supervision or the Interstate Agreements on Sexually
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7 | Dangerous Persons Act ; or . | ||||||
8 | (6) arrested who is suspected of committing a felony as | ||||||
9 | defined in Section 2-7 of the Criminal Code of 1961.
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10 | Notwithstanding other provisions of this Section, any | ||||||
11 | person incarcerated in
a facility of the Illinois Department of | ||||||
12 | Corrections on or after August 22,
2002 shall be required to | ||||||
13 | submit a specimen of blood, saliva, or tissue
prior to his or | ||||||
14 | her final discharge or release on parole or mandatory
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15 | supervised release, as a
condition of his or her parole or | ||||||
16 | mandatory supervised release.
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17 | (a-5) Any person who was otherwise convicted of or received | ||||||
18 | a disposition
of court supervision for any other offense under | ||||||
19 | the Criminal Code of 1961 or
who was found guilty or given | ||||||
20 | supervision for such a violation under the
Juvenile Court Act | ||||||
21 | of 1987, may, regardless of the sentence imposed, be
required | ||||||
22 | by an order of the court to submit specimens of blood, saliva, | ||||||
23 | or
tissue to the Illinois Department of State Police in | ||||||
24 | accordance with the
provisions of this Section.
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25 | (b) Any person required by paragraphs (a)(1), (a)(1.5), | ||||||
26 | (a)(2), (a)(3.5),
and (a-5) to provide specimens of blood, | ||||||
27 | saliva, or tissue shall provide
specimens of blood, saliva, or | ||||||
28 | tissue within 45 days after sentencing or
disposition at a | ||||||
29 | collection site designated by the Illinois Department of
State | ||||||
30 | Police.
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31 | (c) Any person required by paragraphs (a)(3), (a)(4), and | ||||||
32 | (a)(4.5) to
provide specimens of blood, saliva, or tissue shall | ||||||
33 | be required to provide
such samples prior to final discharge, | ||||||
34 | parole, or release at a collection
site designated by the |
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1 | Illinois Department of State Police.
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2 | (c-5) Any person required by paragraph (a)(5) to provide | ||||||
3 | specimens of
blood, saliva, or tissue shall, where feasible, be | ||||||
4 | required to provide the
specimens before being accepted for | ||||||
5 | conditioned residency in Illinois under
the interstate compact | ||||||
6 | or agreement, but no later than 45 days after arrival
in this | ||||||
7 | State.
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8 | (c-6) The Illinois Department of State Police may determine | ||||||
9 | which type of
specimen or specimens, blood, saliva, or tissue, | ||||||
10 | is acceptable for submission
to the Division of Forensic | ||||||
11 | Services for analysis. | ||||||
12 | (c-7) Any person required by paragraph (a)(6) to provide | ||||||
13 | specimens of saliva or tissue shall be required to provide the | ||||||
14 | specimens at the booking procedure. The law enforcement officer | ||||||
15 | shall verify that the arrestee sample has not been previously | ||||||
16 | collected at each arrest.
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17 | (d) The Illinois Department of State Police shall provide | ||||||
18 | all equipment
and instructions necessary for the collection of | ||||||
19 | blood samples.
The collection of samples shall be performed in | ||||||
20 | a medically approved
manner. Only a physician authorized to | ||||||
21 | practice medicine, a registered
nurse or other qualified person | ||||||
22 | trained in venipuncture may withdraw blood
for the purposes of | ||||||
23 | this Act. The samples
shall thereafter be forwarded to the | ||||||
24 | Illinois Department of State Police,
Division of Forensic | ||||||
25 | Services, for analysis and
categorizing into genetic marker | ||||||
26 | groupings.
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27 | (d-1) The Illinois Department of State Police shall provide | ||||||
28 | all equipment
and instructions necessary for the collection of | ||||||
29 | saliva samples under this Section . The
collection of saliva | ||||||
30 | samples shall be performed in a medically approved manner.
Only | ||||||
31 | a person trained in the instructions promulgated by the | ||||||
32 | Illinois State
Police on collecting saliva may collect saliva | ||||||
33 | for the purposes of this
Section. The samples shall thereafter | ||||||
34 | be forwarded to the Illinois Department
of State Police, |
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1 | Division of Forensic Services, for analysis and categorizing
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2 | into genetic marker groupings.
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3 | (d-2) The Illinois Department of State Police shall provide | ||||||
4 | all equipment
and instructions necessary for the collection of | ||||||
5 | tissue samples under this Section . The
collection of tissue | ||||||
6 | samples shall be performed in a medically approved
manner. Only | ||||||
7 | a person trained in the instructions promulgated by the | ||||||
8 | Illinois
State Police on collecting tissue may collect tissue | ||||||
9 | for the purposes of this
Section. The samples shall thereafter | ||||||
10 | be forwarded to the Illinois Department
of State Police, | ||||||
11 | Division of Forensic Services, for analysis and categorizing
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12 | into genetic marker groupings.
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13 | (d-5) To the extent that funds are available, the Illinois | ||||||
14 | Department of
State Police shall contract with qualified | ||||||
15 | personnel and certified laboratories
for the collection, | ||||||
16 | analysis, and categorization of known samples.
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17 | (d-6) Agencies designated by the Illinois Department of | ||||||
18 | State Police and
the Illinois Department of State Police may | ||||||
19 | contract with third parties to
provide for the collection or | ||||||
20 | analysis of DNA, or both, of an offender's blood,
saliva, and | ||||||
21 | tissue samples.
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22 | (e) The genetic marker groupings shall be maintained by the | ||||||
23 | Illinois
Department of State Police, Division of Forensic | ||||||
24 | Services.
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25 | (f) The genetic marker grouping analysis information | ||||||
26 | obtained pursuant
to this Act and the information obtained | ||||||
27 | under Section 107-2.5 of the Code of Criminal Procedure of 1963
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28 | shall be confidential and shall be released only to peace
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29 | officers of the United States, of other states or territories, | ||||||
30 | of the
insular possessions of the United States, of foreign | ||||||
31 | countries duly
authorized to receive the same, to all peace | ||||||
32 | officers of the State of
Illinois and to all prosecutorial | ||||||
33 | agencies, and to defense counsel as
provided by Section 116-5 | ||||||
34 | of the Code of Criminal Procedure of 1963.
The genetic marker |
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1 | grouping analysis information obtained pursuant to
this Act | ||||||
2 | shall be used only for (i) valid law enforcement identification
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3 | purposes and as required by the Federal Bureau of Investigation | ||||||
4 | for
participation in the National DNA database, (ii) technology
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5 | validation
purposes, (iii) a population statistics database, | ||||||
6 | or (iv) quality
assurance
purposes if personally identifying | ||||||
7 | information is removed , or (v)
(iii) assisting in the defense | ||||||
8 | of the criminally accused pursuant
to
Section 116-5 of the Code | ||||||
9 | of Criminal Procedure of 1963. Notwithstanding
any other | ||||||
10 | statutory provision to the contrary,
all information obtained | ||||||
11 | under this Section shall be maintained in a single
State data | ||||||
12 | base, which may be uploaded into a national database, and which
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13 | information may be subject to expungement only as set forth in | ||||||
14 | subsection
(f-1).
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15 | (f-1) Upon receipt of notification of a reversal of a | ||||||
16 | conviction based on
actual innocence, or of the granting of a | ||||||
17 | pardon pursuant to Section 12 of
Article V of the Illinois | ||||||
18 | Constitution, if that pardon document specifically
states that | ||||||
19 | the reason for the pardon is the actual innocence of an | ||||||
20 | individual
whose DNA record has been stored in the State or | ||||||
21 | national DNA identification
index in accordance with this | ||||||
22 | Section by the Illinois Department of State
Police, the DNA | ||||||
23 | record shall be expunged from the DNA identification index, and
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24 | the Department shall by rule prescribe procedures to ensure | ||||||
25 | that the record and
any samples, analyses, or other documents | ||||||
26 | relating to such record, whether in
the possession of the | ||||||
27 | Department or any law enforcement or police agency, or
any | ||||||
28 | forensic DNA laboratory, including any duplicates or copies | ||||||
29 | thereof, are
destroyed and a letter is sent to the court | ||||||
30 | verifying the expungement is
completed.
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31 | (f-5) Any person who intentionally uses genetic marker | ||||||
32 | grouping analysis
information, or any other information | ||||||
33 | derived from a DNA sample, beyond the
authorized uses as | ||||||
34 | provided under this Section, or any other Illinois law, is
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1 | guilty of a Class 4 felony, and shall be subject to a fine of | ||||||
2 | not less than
$5,000.
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3 | (f-6) The Illinois Department of State Police may contract | ||||||
4 | with third
parties for the purposes of implementing this | ||||||
5 | amendatory Act of the 93rd
General Assembly. Any other party | ||||||
6 | contracting to carry out the functions of
this Section shall be | ||||||
7 | subject to the same restrictions and requirements of this
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8 | Section insofar as applicable, as the Illinois Department of | ||||||
9 | State Police, and
to any additional restrictions imposed by the | ||||||
10 | Illinois Department of State
Police.
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11 | (g) For the purposes of this Section, "qualifying offense" | ||||||
12 | means any of
the following:
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13 | (1) any violation or inchoate violation of Section | ||||||
14 | 11-6, 11-9.1, 11-11,
11-18.1, 12-15, or 12-16 of the | ||||||
15 | Criminal Code of 1961;
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16 | (1.1) any violation or inchoate violation of Section | ||||||
17 | 9-1, 9-2, 10-1,
10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, | ||||||
18 | 18-4, 19-1, or 19-2 of the Criminal
Code of 1961 for which | ||||||
19 | persons are convicted on or after July 1, 2001;
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20 | (2) any former statute of this State which defined a | ||||||
21 | felony sexual
offense;
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22 | (3) (blank);
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23 | (4) any inchoate violation of Section 9-3.1, 11-9.3, | ||||||
24 | 12-7.3, or 12-7.4 of
the Criminal Code of 1961; or
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25 | (5) any violation or inchoate violation of Article 29D | ||||||
26 | of the Criminal
Code of 1961.
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27 | (g-5) (Blank).
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28 | (h) The Illinois Department of State Police shall be the | ||||||
29 | State central
repository for all genetic marker grouping | ||||||
30 | analysis information obtained
pursuant to this Act. The | ||||||
31 | Illinois Department of State Police may
promulgate rules for | ||||||
32 | the form and manner of the collection of blood, saliva,
or | ||||||
33 | tissue samples and other procedures for the operation of this | ||||||
34 | Act. The
provisions of the Administrative Review Law shall |
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1 | apply to all actions taken
under the rules so promulgated.
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2 | (i) (1) A person required to provide a blood, saliva, or | ||||||
3 | tissue specimen
shall
cooperate with the collection of the | ||||||
4 | specimen and any deliberate act by
that person intended to | ||||||
5 | impede, delay or stop the collection of the blood,
saliva, | ||||||
6 | or tissue specimen is a Class A misdemeanor.
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7 | (2) In the event that a person's DNA sample is not | ||||||
8 | adequate for any
reason, the person shall provide another | ||||||
9 | DNA sample for analysis. Duly
authorized law
enforcement | ||||||
10 | and corrections personnel may employ reasonable force in | ||||||
11 | cases in
which an individual refuses to provide a DNA | ||||||
12 | sample required under this
Act.
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13 | (j) Any person sentenced and required by subsection (a) to | ||||||
14 | submit specimens of blood,
saliva, or tissue to
the Illinois | ||||||
15 | Department of State Police for analysis and categorization into
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16 | genetic marker grouping, in addition to any other disposition, | ||||||
17 | penalty, or
fine imposed, shall pay an analysis fee of $200. If | ||||||
18 | the analysis fee is not
paid at the time of sentencing, the | ||||||
19 | court shall establish a fee schedule by
which the entire amount | ||||||
20 | of the analysis fee shall be paid in full, such
schedule not to | ||||||
21 | exceed 24 months from the time of conviction. The inability to
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22 | pay this analysis fee shall not be the sole ground to | ||||||
23 | incarcerate the person.
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24 | (k) All analysis and categorization fees provided for by | ||||||
25 | subsection (j)
shall be regulated as follows:
| ||||||
26 | (1) The State Offender DNA Identification System Fund | ||||||
27 | is hereby created as
a special fund in the State Treasury.
| ||||||
28 | (2) All fees shall be collected by the clerk of the | ||||||
29 | court and forwarded to
the State Offender DNA | ||||||
30 | Identification System Fund for deposit. The
clerk of the | ||||||
31 | circuit court may retain the amount of $10 from each | ||||||
32 | collected
analysis fee to offset administrative costs | ||||||
33 | incurred in carrying out the
clerk's responsibilities | ||||||
34 | under this Section.
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1 | (3) Fees deposited into the State Offender DNA | ||||||
2 | Identification System Fund
shall be used by Illinois State | ||||||
3 | Police crime laboratories as designated by the
Director of | ||||||
4 | State Police. These funds shall be in addition to any | ||||||
5 | allocations
made pursuant to existing laws and shall be | ||||||
6 | designated for the exclusive use of
State crime | ||||||
7 | laboratories. These uses may include, but are not limited | ||||||
8 | to, the
following:
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9 | (A) Costs incurred in providing analysis and | ||||||
10 | genetic marker
categorization as required by | ||||||
11 | subsection (d).
| ||||||
12 | (B) Costs incurred in maintaining genetic marker | ||||||
13 | groupings as required
by subsection (e).
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14 | (C) Costs incurred in the purchase and maintenance | ||||||
15 | of equipment for use
in performing analyses.
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16 | (D) Costs incurred in continuing research and | ||||||
17 | development of new
techniques for analysis and genetic | ||||||
18 | marker categorization.
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19 | (E) Costs incurred in continuing education, | ||||||
20 | training, and professional
development of forensic | ||||||
21 | scientists regularly employed by these laboratories.
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22 | (l) The failure of a person to provide a specimen, or of | ||||||
23 | any person or
agency to collect a specimen, within the 45 day | ||||||
24 | period shall in no way alter
the obligation of the person to | ||||||
25 | submit such specimen, or the authority of the
Illinois | ||||||
26 | Department of State Police or persons designated by the | ||||||
27 | Department to
collect the specimen, or the authority of the | ||||||
28 | Illinois Department of State
Police to accept, analyze and | ||||||
29 | maintain the specimen or to maintain or upload
results of | ||||||
30 | genetic marker grouping analysis information into a State or
| ||||||
31 | national database.
| ||||||
32 | (m) If any provision of this amendatory Act of the 93rd | ||||||
33 | General Assembly
is
held unconstitutional or otherwise | ||||||
34 | invalid, the remainder of this amendatory
Act
of the 93rd |
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1 | General Assembly is not affected.
| ||||||
2 | (Source: P.A. 92-16, eff. 6-28-01; 92-40, eff.
6-29-01; 92-571, | ||||||
3 | eff. 6-26-02; 92-600, eff. 6-28-02; 92-829, eff. 8-22-02;
| ||||||
4 | 92-854, eff. 12-5-02; 93-216, eff. 1-1-04; 93-605, eff. | ||||||
5 | 11-19-03; revised 12-9-03.)
| ||||||
6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
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