093_SB0280enr
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1 AN ACT concerning corrections.
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 delinquent
8 for, certain offenses or institutionalized as sexually
9 dangerous; specimens; genetic marker groups.
10 (a) Any person convicted of, found guilty under the
11 Juvenile Court Act of 1987 for, or who received a disposition
12 of court supervision for, a qualifying offense or attempt of
13 a qualifying offense, convicted or found guilty of any
14 offense classified as a felony under Illinois law, found
15 guilty or given supervision for any offense classified as a
16 felony under the Juvenile Court Act of 1987, or
17 institutionalized as a sexually dangerous person under the
18 Sexually Dangerous Persons Act, or committed as a sexually
19 violent person under the Sexually Violent Persons Commitment
20 Act shall, regardless of the sentence or disposition imposed,
21 be required to submit specimens of blood, saliva, or tissue
22 to the Illinois Department of State Police in accordance with
23 the provisions of this Section, provided such person is:
24 (1) convicted of a qualifying offense or attempt of
25 a qualifying offense on or after July 1, 1990 the
26 effective date of this amendatory Act of 1989, and
27 sentenced to a term of imprisonment, periodic
28 imprisonment, fine, probation, conditional discharge or
29 any other form of sentence, or given a disposition of
30 court supervision for the offense;, or
31 (1.5) found guilty or given supervision under the
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1 Juvenile Court Act of 1987 for a qualifying offense or
2 attempt of a qualifying offense on or after January 1,
3 1997; the effective date of this amendatory Act of 1996,
4 or
5 (2) ordered institutionalized as a sexually
6 dangerous person on or after July 1, 1990; the effective
7 date of this amendatory Act of 1989, or
8 (3) convicted of a qualifying offense or attempt of
9 a qualifying offense before July 1, 1990 the effective
10 date of this amendatory Act of 1989 and is presently
11 confined as a result of such conviction in any State
12 correctional facility or county jail or is presently
13 serving a sentence of probation, conditional discharge or
14 periodic imprisonment as a result of such conviction;, or
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
18 Juvenile Court Act of 1987 on or after August 22, 2002;
19 the effective date of this amendatory Act of the 92nd
20 General Assembly, or
21 (4) presently institutionalized as a sexually
22 dangerous person or presently institutionalized as a
23 person found guilty but mentally ill of a sexual offense
24 or attempt to commit a sexual offense; or
25 (4.5) ordered committed as a sexually violent
26 person on or after the effective date of the Sexually
27 Violent Persons Commitment Act; or
28 (5) seeking transfer to or residency in Illinois
29 under Sections 3-3-11.05 through 3-3-11.5 of the Unified
30 Code of Corrections and the Interstate Compact for Adult
31 Offender Supervision or the Interstate Agreements on
32 Sexually Dangerous Persons Act.
33 Notwithstanding other provisions of this Section, any
34 person incarcerated in a facility of the Illinois Department
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1 of Corrections on or after August 22, 2002 the effective date
2 of this amendatory Act of the 92nd General Assembly shall be
3 required to submit a specimen of blood, saliva, or tissue
4 prior to his or her final discharge or release on parole or
5 mandatory supervised release, as a condition of his or her
6 parole or mandatory supervised release.
7 (a-5) Any person who was otherwise convicted of or
8 received a disposition of court supervision for any other
9 offense under the Criminal Code of 1961 or who was found
10 guilty or given supervision for such a violation under the
11 Juvenile Court Act of 1987, may, regardless of the sentence
12 imposed, be required by an order of the court to submit
13 specimens of blood, saliva, or tissue to the Illinois
14 Department of State Police in accordance with the provisions
15 of this Section.
16 (b) Any person required by paragraphs (a)(1), (a)(1.5),
17 (a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
18 saliva, or tissue shall provide specimens of blood, saliva,
19 or tissue within 45 days after sentencing or disposition at a
20 collection site designated by the Illinois Department of
21 State Police.
22 (c) Any person required by paragraphs (a)(3), (a)(4),
23 and (a)(4.5) to provide specimens of blood, saliva, or tissue
24 shall be required to provide such samples prior to final
25 discharge, parole, or release at a collection site designated
26 by the Illinois Department of State Police.
27 (c-5) Any person required by paragraph (a)(5) to provide
28 specimens of blood, saliva, or tissue shall, where feasible,
29 be required to provide the specimens before being accepted
30 for conditioned residency in Illinois under the interstate
31 compact or agreement, but no later than 45 days after arrival
32 in this State.
33 (c-6) The Illinois Department of State Police may
34 determine which type of specimen or specimens, blood, saliva,
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1 or tissue, is acceptable for submission to the Division of
2 Forensic Services for analysis.
3 (d) The Illinois Department of State Police shall
4 provide all equipment and instructions necessary for the
5 collection of blood samples. The collection of samples shall
6 be performed in a medically approved manner. Only a
7 physician authorized to practice medicine, a registered nurse
8 or other qualified person trained in venipuncture may
9 withdraw blood for the purposes of this Act. The samples
10 shall thereafter be forwarded to the Illinois Department of
11 State Police, Division of Forensic Services, for analysis and
12 categorizing into genetic marker groupings.
13 (d-1) The Illinois Department of State Police shall
14 provide all equipment and instructions necessary for the
15 collection of saliva samples. The collection of saliva
16 samples shall be performed in a medically approved manner.
17 Only a person trained in the instructions promulgated by the
18 Illinois State Police on collecting saliva may collect saliva
19 for the purposes of this Section. The samples shall
20 thereafter be forwarded to the Illinois Department of State
21 Police, Division of Forensic Services, for analysis and
22 categorizing into genetic marker groupings.
23 (d-2) The Illinois Department of State Police shall
24 provide all equipment and instructions necessary for the
25 collection of tissue samples. The collection of tissue
26 samples shall be performed in a medically approved manner.
27 Only a person trained in the instructions promulgated by the
28 Illinois State Police on collecting tissue may collect tissue
29 for the purposes of this Section. The samples shall
30 thereafter be forwarded to the Illinois Department of State
31 Police, Division of Forensic Services, for analysis and
32 categorizing into genetic marker groupings.
33 (d-5) To the extent that funds are available, the
34 Illinois Department of State Police shall contract with
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1 qualified personnel and certified laboratories for the
2 collection, analysis, and categorization of known samples.
3 (d-6) Agencies designated by the Illinois Department of
4 State Police and the Illinois Department of State Police may
5 contract with third parties to provide for the collection or
6 analysis of DNA, or both, of an offender's blood, saliva, and
7 tissue samples.
8 (e) The genetic marker groupings shall be maintained by
9 the Illinois Department of State Police, Division of Forensic
10 Services.
11 (f) The genetic marker grouping analysis information
12 obtained pursuant to this Act shall be confidential and shall
13 be released only to peace officers of the United States, of
14 other states or territories, of the insular possessions of
15 the United States, of foreign countries duly authorized to
16 receive the same, to all peace officers of the State of
17 Illinois and to all prosecutorial agencies. The genetic
18 marker grouping analysis information obtained pursuant to
19 this Act shall be used only for (i) valid law enforcement
20 identification purposes and as required by the Federal Bureau
21 of Investigation for participation in the National DNA
22 database, or (ii) technology validation purposes, (iii) a
23 population statistics database, or (iv) quality assurance
24 purposes if personally identifying information is removed.
25 Notwithstanding any other statutory provision to the
26 contrary, all information obtained under this Section shall
27 be maintained in a single State data base, which may be
28 uploaded into a national database, and which information may
29 be subject to expungement only as set forth in subsection
30 (f-1).
31 (f-1) Upon receipt of notification of a reversal of a
32 conviction based on actual innocence, or of the granting of a
33 pardon pursuant to Section 12 of Article V of the Illinois
34 Constitution, if that pardon document specifically states
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1 that the reason for the pardon is the actual innocence of an
2 individual whose DNA record has been stored in the State or
3 national DNA identification index in accordance with this
4 Section by the Illinois Department of State Police, the DNA
5 record shall be expunged from the DNA identification index,
6 and the Department shall by rule prescribe procedures to
7 ensure that the record and any samples, analyses, or other
8 documents relating to such record, whether in the possession
9 of the Department or any law enforcement or police agency, or
10 any forensic DNA laboratory, including any duplicates or
11 copies thereof, are destroyed and a letter is sent to the
12 court verifying the expungement is completed.
13 (f-5) Any person who intentionally uses genetic marker
14 grouping analysis information, or any other information
15 derived from a DNA sample, beyond the authorized uses as
16 provided under this Section, or any other Illinois law, is
17 guilty of a Class 4 felony, and shall be subject to a fine of
18 not less than $5,000.
19 (f-6) The Illinois Department of State Police may
20 contract with third parties for the purposes of implementing
21 this amendatory Act of the 93rd General Assembly. Any other
22 party contracting to carry out the functions of this Section
23 shall be subject to the same restrictions and requirements of
24 this Section insofar as applicable, as the Illinois
25 Department of State Police, and to any additional
26 restrictions imposed by the Illinois Department of State
27 Police.
28 (g) For the purposes of this Section, "qualifying
29 offense" means any of the following:
30 (1) any violation or inchoate violation of Section
31 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or 12-16 of the
32 Criminal Code of 1961;, or
33 (1.1) any violation or inchoate violation of
34 Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
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1 18-3, 18-4, 19-1, or 19-2 of the Criminal Code of 1961
2 for which persons are convicted on or after July 1,
3 2001;, or
4 (2) any former statute of this State which defined
5 a felony sexual offense;, or
6 (3) (blank);, or
7 (4) any inchoate violation of Section 9-3.1,
8 11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961;,
9 or
10 (5) any violation or inchoate violation of Article
11 29D of the Criminal Code of 1961.
12 (g-5) (Blank).
13 (h) The Illinois Department of State Police shall be the
14 State central repository for all genetic marker grouping
15 analysis information obtained pursuant to this Act. The
16 Illinois Department of State Police may promulgate rules for
17 the form and manner of the collection of blood, saliva, or
18 tissue samples and other procedures for the operation of this
19 Act. The provisions of the Administrative Review Law shall
20 apply to all actions taken under the rules so promulgated.
21 (i)(1) A person required to provide a blood, saliva, or
22 tissue specimen shall cooperate with the collection of the
23 specimen and any deliberate act by that person intended to
24 impede, delay or stop the collection of the blood, saliva, or
25 tissue specimen is a Class A misdemeanor.
26 (2) In the event that a person's DNA sample is not
27 adequate for any reason, the person shall provide another DNA
28 sample for analysis. Duly authorized law enforcement and
29 corrections personnel may employ reasonable force in cases in
30 which an individual refuses to provide a DNA sample required
31 under this Act.
32 (j) Any person required by subsection (a) to submit
33 specimens of blood, saliva, or tissue to the Illinois
34 Department of State Police for analysis and categorization
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1 into genetic marker grouping, in addition to any other
2 disposition, penalty, or fine imposed, shall pay an analysis
3 fee of $200. If the analysis fee is not paid at the time of
4 sentencing, the court shall establish a fee schedule by which
5 the entire amount of the analysis fee shall be paid in full,
6 such schedule not to exceed 24 months from the time of
7 conviction. The inability to pay this analysis fee shall not
8 be the sole ground to incarcerate the person.
9 (k) All analysis and categorization fees provided for by
10 subsection (j) shall be regulated as follows:
11 (1) The State Offender DNA Identification System
12 Fund is hereby created as a special fund in the State
13 Treasury.
14 (2) All fees shall be collected by the clerk of the
15 court and forwarded to the State Offender DNA
16 Identification System Fund for deposit. The clerk of the
17 circuit court may retain the amount of $10 from each
18 collected analysis fee to offset administrative costs
19 incurred in carrying out the clerk's responsibilities
20 under this Section.
21 (3) Fees deposited into the State Offender DNA
22 Identification System Fund shall be used by Illinois
23 State Police crime laboratories as designated by the
24 Director of State Police. These funds shall be in
25 addition to any allocations made pursuant to existing
26 laws and shall be designated for the exclusive use of
27 State crime laboratories. These uses may include, but
28 are not limited to, the following:
29 (A) Costs incurred in providing analysis and
30 genetic marker categorization as required by
31 subsection (d).
32 (B) Costs incurred in maintaining genetic
33 marker groupings as required by subsection (e).
34 (C) Costs incurred in the purchase and
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1 maintenance of equipment for use in performing
2 analyses.
3 (D) Costs incurred in continuing research and
4 development of new techniques for analysis and
5 genetic marker categorization.
6 (E) Costs incurred in continuing education,
7 training, and professional development of forensic
8 scientists regularly employed by these laboratories.
9 (l) The failure of a person to provide a specimen, or of
10 any person or agency to collect a specimen, within the 45 day
11 period shall in no way alter the obligation of the person to
12 submit such specimen, or the authority of the Illinois
13 Department of State Police or persons designated by the
14 Department to collect the specimen, or the authority of the
15 Illinois Department of State Police to accept, analyze and
16 maintain the specimen or to maintain or upload results of
17 genetic marker grouping analysis information into a State or
18 national database.
19 (m) If any provision of this amendatory Act of the 93rd
20 General Assembly is held unconstitutional or otherwise
21 invalid, the remainder of this amendatory Act of the 93rd
22 General Assembly is not affected.
23 (Source: P.A. 91-528, eff. 1-1-00; 92-16, eff. 6-28-01;
24 92-40, eff. 6-29-01; 92-571, eff. 6-26-02; 92-600, eff.
25 6-28-02; 92-829, eff. 8-22-02; 92-854, eff. 12-5-02; revised
26 1-20-03.)