93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6884

 

Introduced 02/09/04, by John J. Millner

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-4-3   from Ch. 38, par. 1005-4-3

    Amends the Unified Code of Corrections. Includes in the requirements of submission of blood, saliva, and tissue samples for analysis and inclusion in the genetic marker grouping analysis database maintained by the Department of State Police a person found not guilty by reason of insanity for certain qualifying offenses or inchoate offenses. Includes in the definition of "qualifying offense" any offense or inchoate offense that is a felony.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Unified Code of Corrections is amended by
5 changing Section 5-4-3 as follows:
 
6     (730 ILCS 5/5-4-3)  (from Ch. 38, par. 1005-4-3)
7     Sec. 5-4-3. Persons convicted of, or found not guilty by
8 reason of insanity of, or found delinquent for, certain
9 offenses or institutionalized as sexually dangerous;
10 specimens; genetic marker groups.
11     (a) Any person convicted of, or found not guilty by reason
12 of insanity of, or found guilty under the Juvenile Court Act of
13 1987 for, or who received a disposition of court supervision
14 for, a qualifying offense or inchoate attempt of a qualifying
15 offense, convicted or found not guilty by reason of insanity of
16 any offense classified as a felony under Illinois law, found
17 guilty or given supervision for any offense classified as a
18 felony under the Juvenile Court Act of 1987, or
19 institutionalized as a sexually dangerous person under the
20 Sexually Dangerous Persons Act, or committed as a sexually
21 violent person under the Sexually Violent Persons Commitment
22 Act shall, regardless of the sentence or disposition imposed,
23 be required to submit specimens of blood, saliva, or tissue to
24 the Illinois Department of State Police in accordance with the
25 provisions of this Section, provided such person is:
26         (1) convicted of a qualifying offense or inchoate
27     attempt of a qualifying offense on or after July 1, 1990
28     and 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 court
31     supervision for the offense, or remanded to a Department of
32     Human Services mental health facility;

 

 

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1         (1.5) found guilty or given supervision under the
2     Juvenile Court Act of 1987 for a qualifying offense or
3     inchoate attempt of a qualifying offense on or after
4     January 1, 1997;
5         (2) ordered institutionalized as a sexually dangerous
6     person on or after July 1, 1990;
7         (3) convicted of a qualifying offense or inchoate
8     attempt of a qualifying offense before July 1, 1990 and is
9     presently confined as a result of such conviction in any
10     State correctional facility or county jail or is presently
11     serving a sentence of probation, conditional discharge or
12     periodic imprisonment as a result of such conviction, or is
13     confined in a Department of Human Services mental health
14     facility;
15         (3.5) convicted or found guilty of any offense
16     classified as a felony under Illinois law or found guilty
17     or given supervision for such an offense under the Juvenile
18     Court Act of 1987 on or after August 22, 2002;
19         (4) presently institutionalized as a sexually
20     dangerous person or presently institutionalized as a
21     person found guilty but mentally ill of a sexual offense or
22     attempt to commit a sexual offense;
23         (4.5) ordered committed as a sexually violent person on
24     or after the effective date of the Sexually Violent Persons
25     Commitment Act; or
26         (5) seeking transfer to or residency in Illinois under
27     Sections 3-3-11.05 through 3-3-11.5 of the Unified Code of
28     Corrections and the Interstate Compact for Adult Offender
29     Supervision or the Interstate Agreements on Sexually
30     Dangerous Persons Act.
31     Notwithstanding other provisions of this Section, any
32 person incarcerated in a facility of the Illinois Department of
33 Corrections or confined in a Department of Human Services
34 mental health facility after a finding of not guilty by reason
35 of insanity for a felony offense, qualifying offense, or
36 inchoate qualifying offense on or after August 22, 2002 shall

 

 

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1 be required to submit a specimen of blood, saliva, or tissue
2 prior to his or her final discharge or release on parole or
3 mandatory supervised release, as a condition of his or her
4 parole or mandatory supervised release.
5     (a-5) Any person who was otherwise convicted of, or found
6 not guilty by reason of insanity of, or received a disposition
7 of court supervision for any other offense under the Criminal
8 Code of 1961 or who was found guilty or given supervision for
9 such a violation under the Juvenile Court Act of 1987, may,
10 regardless of the sentence imposed, be required by an order of
11 the court to submit specimens of blood, saliva, or tissue to
12 the Illinois Department of State Police in accordance with the
13 provisions of this Section.
14     (b) Any person required by paragraphs (a)(1), (a)(1.5),
15 (a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
16 saliva, or tissue shall provide specimens of blood, saliva, or
17 tissue within 45 days after sentencing or disposition at a
18 collection site designated by the Illinois Department of State
19 Police.
20     (c) Any person required by paragraphs (a)(3), (a)(4), and
21 (a)(4.5) to provide specimens of blood, saliva, or tissue shall
22 be required to provide such samples prior to final discharge,
23 parole, or release at a collection site designated by the
24 Illinois Department of State Police.
25     (c-5) Any person required by paragraph (a)(5) to provide
26 specimens of blood, saliva, or tissue shall, where feasible, be
27 required to provide the specimens before being accepted for
28 conditioned residency in Illinois under the interstate compact
29 or agreement, but no later than 45 days after arrival in this
30 State.
31     (c-6) The Illinois Department of State Police may determine
32 which type of specimen or specimens, blood, saliva, or tissue,
33 is acceptable for submission to the Division of Forensic
34 Services for analysis.
35     (d) The Illinois Department of State Police shall provide
36 all equipment and instructions necessary for the collection of

 

 

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1 blood samples. The collection of samples shall be performed in
2 a medically approved manner. Only a physician authorized to
3 practice medicine, a registered nurse or other qualified person
4 trained in venipuncture may withdraw blood for the purposes of
5 this Act. The samples shall thereafter be forwarded to the
6 Illinois Department of State Police, Division of Forensic
7 Services, for analysis and categorizing into genetic marker
8 groupings.
9     (d-1) The Illinois Department of State Police shall provide
10 all equipment and instructions necessary for the collection of
11 saliva samples. The collection of saliva samples shall be
12 performed in a medically approved manner. Only a person trained
13 in the instructions promulgated by the Illinois State Police on
14 collecting saliva may collect saliva for the purposes of this
15 Section. The samples shall thereafter be forwarded to the
16 Illinois Department of State Police, Division of Forensic
17 Services, for analysis and categorizing into genetic marker
18 groupings.
19     (d-2) The Illinois Department of State Police shall provide
20 all equipment and instructions necessary for the collection of
21 tissue samples. The collection of tissue samples shall be
22 performed in a medically approved manner. Only a person trained
23 in the instructions promulgated by the Illinois State Police on
24 collecting tissue may collect tissue for the purposes of this
25 Section. The samples shall thereafter be forwarded to the
26 Illinois Department of State Police, Division of Forensic
27 Services, for analysis and categorizing into genetic marker
28 groupings.
29     (d-5) To the extent that funds are available, the Illinois
30 Department of State Police shall contract with qualified
31 personnel and certified laboratories for the collection,
32 analysis, and categorization of known samples.
33     (d-6) Agencies designated by the Illinois Department of
34 State Police and the Illinois Department of State Police may
35 contract with third parties to provide for the collection or
36 analysis of DNA, or both, of an offender's blood, saliva, and

 

 

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1 tissue samples.
2     (e) The genetic marker groupings shall be maintained by the
3 Illinois Department of State Police, Division of Forensic
4 Services.
5     (f) The genetic marker grouping analysis information
6 obtained pursuant to this Act shall be confidential and shall
7 be released only to peace officers of the United States, of
8 other states or territories, of the insular possessions of the
9 United States, of foreign countries duly authorized to receive
10 the same, to all peace officers of the State of Illinois and to
11 all prosecutorial agencies, and to defense counsel as provided
12 by Section 116-5 of the Code of Criminal Procedure of 1963. The
13 genetic marker grouping analysis information obtained pursuant
14 to this Act shall be used only for (i) valid law enforcement
15 identification purposes and as required by the Federal Bureau
16 of Investigation for participation in the National DNA
17 database, (ii) technology validation purposes, (iii) a
18 population statistics database, or (iv) quality assurance
19 purposes if personally identifying information is removed, or
20 (v) (iii) assisting in the defense of the criminally accused
21 pursuant to Section 116-5 of the Code of Criminal Procedure of
22 1963. Notwithstanding any other statutory provision to the
23 contrary, all information obtained under this Section shall be
24 maintained in a single State data base, which may be uploaded
25 into a national database, and which information may be subject
26 to expungement only as set forth in subsection (f-1).
27     (f-1) Upon receipt of notification of a reversal of a
28 conviction based on actual innocence, or of the granting of a
29 pardon pursuant to Section 12 of Article V of the Illinois
30 Constitution, if that pardon document specifically states that
31 the reason for the pardon is the actual innocence of an
32 individual whose DNA record has been stored in the State or
33 national DNA identification index in accordance with this
34 Section by the Illinois Department of State Police, the DNA
35 record shall be expunged from the DNA identification index, and
36 the Department shall by rule prescribe procedures to ensure

 

 

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1 that the record and any samples, analyses, or other documents
2 relating to such record, whether in the possession of the
3 Department or any law enforcement or police agency, or any
4 forensic DNA laboratory, including any duplicates or copies
5 thereof, are destroyed and a letter is sent to the court
6 verifying the expungement is completed.
7     (f-5) Any person who intentionally uses genetic marker
8 grouping analysis information, or any other information
9 derived from a DNA sample, beyond the authorized uses as
10 provided under this Section, or any other Illinois law, is
11 guilty of a Class 4 felony, and shall be subject to a fine of
12 not less than $5,000.
13     (f-6) The Illinois Department of State Police may contract
14 with third parties for the purposes of implementing this
15 amendatory Act of the 93rd General Assembly. Any other party
16 contracting to carry out the functions of this Section shall be
17 subject to the same restrictions and requirements of this
18 Section insofar as applicable, as the Illinois Department of
19 State Police, and to any additional restrictions imposed by the
20 Illinois Department of State Police.
21     (g) For the purposes of this Section, "qualifying offense"
22 means any of the following:
23         (1) any offense or inchoate offense that is a felony;
24         (2) any violation or inchoate violation of Section
25     9-3.1, 11-6, 11-9.1, 11-9.3, 11-18.1, 12-7.3, 12-7.4, or
26     12-15 whether punishable as a felony or a misdemeanor; or
27         (3) any former statute of this State that defined a
28     felony offense.
29         (1) any violation or inchoate violation of Section
30     11-6, 11-9.1, 11-11, 11-18.1, 12-15, or 12-16 of the
31     Criminal Code of 1961;
32         (1.1) any violation or inchoate violation of Section
33     9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
34     18-4, 19-1, or 19-2 of the Criminal Code of 1961 for which
35     persons are convicted on or after July 1, 2001;
36         (2) any former statute of this State which defined a

 

 

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1     felony sexual offense;
2         (3) (blank);
3         (4) any inchoate violation of Section 9-3.1, 11-9.3,
4     12-7.3, or 12-7.4 of the Criminal Code of 1961; or
5         (5) any violation or inchoate violation of Article 29D
6     of the Criminal Code of 1961.
7     (g-5) (Blank).
8     (h) The Illinois Department of State Police shall be the
9 State central repository for all genetic marker grouping
10 analysis information obtained pursuant to this Act. The
11 Illinois Department of State Police may promulgate rules for
12 the form and manner of the collection of blood, saliva, or
13 tissue samples and other procedures for the operation of this
14 Act. The provisions of the Administrative Review Law shall
15 apply to all actions taken under the rules so promulgated.
16     (i) (1) A person required to provide a blood, saliva, or
17     tissue specimen shall cooperate with the collection of the
18     specimen and any deliberate act by that person intended to
19     impede, delay or stop the collection of the blood, saliva,
20     or tissue specimen is a Class A misdemeanor.
21         (2) In the event that a person's DNA sample is not
22     adequate for any reason, the person shall provide another
23     DNA sample for analysis. Duly authorized law enforcement
24     and corrections personnel may employ reasonable force in
25     cases in which an individual refuses to provide a DNA
26     sample required under this Act.
27     (j) Any person required by subsection (a) to submit
28 specimens of blood, saliva, or tissue to the Illinois
29 Department of State Police for analysis and categorization into
30 genetic marker grouping, in addition to any other disposition,
31 penalty, or fine imposed, shall pay an analysis fee of $200. If
32 the analysis fee is not paid at the time of sentencing, the
33 court shall establish a fee schedule by which the entire amount
34 of the analysis fee shall be paid in full, such schedule not to
35 exceed 24 months from the time of conviction. The inability to
36 pay this analysis fee shall not be the sole ground to

 

 

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1 incarcerate the person.
2     (k) All analysis and categorization fees provided for by
3 subsection (j) shall be regulated as follows:
4         (1) The State Offender DNA Identification System Fund
5     is hereby created as a special fund in the State 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 State
15     Police crime laboratories as designated by the Director of
16     State Police. These funds shall be in addition to any
17     allocations made pursuant to existing laws and shall be
18     designated for the exclusive use of State crime
19     laboratories. These uses may include, but are not limited
20     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 marker
25         groupings as required by subsection (e).
26             (C) Costs incurred in the purchase and maintenance
27         of equipment for use in performing analyses.
28             (D) Costs incurred in continuing research and
29         development of new techniques for analysis and genetic
30         marker categorization.
31             (E) Costs incurred in continuing education,
32         training, and professional development of forensic
33         scientists regularly employed by these laboratories.
34     (l) The failure of a person to provide a specimen, or of
35 any person or agency to collect a specimen, within the 45 day
36 period shall in no way alter the obligation of the person to

 

 

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1 submit such specimen, or the authority of the Illinois
2 Department of State Police or persons designated by the
3 Department to collect the specimen, or the authority of the
4 Illinois Department of State Police to accept, analyze and
5 maintain the specimen or to maintain or upload results of
6 genetic marker grouping analysis information into a State or
7 national database.
8     (m) If any provision of this amendatory Act of the 93rd
9 General Assembly is held unconstitutional or otherwise
10 invalid, the remainder of this amendatory Act of the 93rd
11 General Assembly is not affected.
12 (Source: P.A. 92-16, eff. 6-28-01; 92-40, eff. 6-29-01; 92-571,
13 eff. 6-26-02; 92-600, eff. 6-28-02; 92-829, eff. 8-22-02;
14 92-854, eff. 12-5-02; 93-216, eff. 1-1-04; 93-605, eff.
15 11-19-03; revised 12-9-03.)