093_SB0280ham001
LRB093 03819 RLC 15459 a
1 AMENDMENT TO SENATE BILL 280
2 AMENDMENT NO. . Amend Senate Bill 280 as follows:
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Unified Code of Corrections is amended
6 by changing Section 5-4-3 as follows:
7 (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
8 Sec. 5-4-3. Persons convicted of, or found delinquent
9 for, certain offenses or institutionalized as sexually
10 dangerous; specimens; genetic marker groups.
11 (a) Any person convicted of, found guilty under the
12 Juvenile Court Act of 1987 for, or who received a disposition
13 of court supervision for, a qualifying offense or attempt of
14 a qualifying offense, convicted or found guilty of any
15 offense classified as a felony under Illinois law, found
16 guilty or given supervision for any offense classified as a
17 felony under the Juvenile Court Act of 1987, 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,
22 be required to submit specimens of blood, saliva, or tissue
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1 to the Illinois Department of State Police in accordance with
2 the provisions of this Section, provided such person is:
3 (1) convicted of a qualifying offense or attempt of
4 a qualifying offense on or after July 1, 1990 the
5 effective date of this amendatory Act of 1989, and
6 sentenced to a term of imprisonment, periodic
7 imprisonment, fine, probation, conditional discharge or
8 any other form of sentence, or given a disposition of
9 court supervision for the offense;, or
10 (1.5) found guilty or given supervision under the
11 Juvenile Court Act of 1987 for a qualifying offense or
12 attempt of a qualifying offense on or after January 1,
13 1997; the effective date of this amendatory Act of 1996,
14 or
15 (2) ordered institutionalized as a sexually
16 dangerous person on or after July 1, 1990; the effective
17 date of this amendatory Act of 1989, or
18 (3) convicted of a qualifying offense or attempt of
19 a qualifying offense before July 1, 1990 the effective
20 date of this amendatory Act of 1989 and is presently
21 confined as a result of such conviction in any State
22 correctional facility or county jail or is presently
23 serving a sentence of probation, conditional discharge or
24 periodic imprisonment as a result of such conviction;, or
25 (3.5) convicted or found guilty of any offense
26 classified as a felony under Illinois law or found guilty
27 or given supervision for such an offense under the
28 Juvenile Court Act of 1987 on or after August 22, 2002;
29 the effective date of this amendatory Act of the 92nd
30 General Assembly, or
31 (4) presently institutionalized as a sexually
32 dangerous person or presently institutionalized as a
33 person found guilty but mentally ill of a sexual offense
34 or attempt to commit a sexual offense; or
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1 (4.5) ordered committed as a sexually violent
2 person on or after the effective date of the Sexually
3 Violent Persons Commitment Act; or
4 (5) seeking transfer to or residency in Illinois
5 under Sections 3-3-11.05 through 3-3-11.5 of the Unified
6 Code of Corrections and the Interstate Compact for Adult
7 Offender Supervision or the Interstate Agreements on
8 Sexually Dangerous Persons Act.
9 Notwithstanding other provisions of this Section, any
10 person incarcerated in a facility of the Illinois Department
11 of Corrections on or after August 22, 2002 the effective date
12 of this amendatory Act of the 92nd General Assembly shall be
13 required to submit a specimen of blood, saliva, or tissue
14 prior to his or her final discharge or release on parole or
15 mandatory supervised release, as a condition of his or her
16 parole or mandatory supervised release.
17 (a-5) Any person who was otherwise convicted of or
18 received a disposition of court supervision for any other
19 offense under the Criminal Code of 1961 or who was found
20 guilty or given supervision for such a violation under the
21 Juvenile Court Act of 1987, may, regardless of the sentence
22 imposed, be required by an order of the court to submit
23 specimens of blood, saliva, or tissue to the Illinois
24 Department of State Police in accordance with the provisions
25 of this Section.
26 (b) Any person required by paragraphs (a)(1), (a)(1.5),
27 (a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
28 saliva, or tissue shall provide specimens of blood, saliva,
29 or tissue within 45 days after sentencing or disposition at a
30 collection site designated by the Illinois Department of
31 State Police.
32 (c) Any person required by paragraphs (a)(3), (a)(4),
33 and (a)(4.5) to provide specimens of blood, saliva, or tissue
34 shall be required to provide such samples prior to final
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1 discharge, parole, or release at a collection site designated
2 by the Illinois Department of State Police.
3 (c-5) Any person required by paragraph (a)(5) to provide
4 specimens of blood, saliva, or tissue shall, where feasible,
5 be required to provide the specimens before being accepted
6 for conditioned residency in Illinois under the interstate
7 compact or agreement, but no later than 45 days after arrival
8 in this State.
9 (c-6) The Illinois Department of State Police may
10 determine which type of specimen or specimens, blood, saliva,
11 or tissue, is acceptable for submission to the Division of
12 Forensic Services for analysis.
13 (d) The Illinois Department of State Police shall
14 provide all equipment and instructions necessary for the
15 collection of blood samples. The collection of samples shall
16 be performed in a medically approved manner. Only a
17 physician authorized to practice medicine, a registered nurse
18 or other qualified person trained in venipuncture may
19 withdraw blood for the purposes of this Act. The samples
20 shall thereafter be forwarded to the Illinois Department of
21 State Police, Division of Forensic Services, for analysis and
22 categorizing into genetic marker groupings.
23 (d-1) The Illinois Department of State Police shall
24 provide all equipment and instructions necessary for the
25 collection of saliva samples. The collection of saliva
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 saliva may collect saliva
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-2) The Illinois Department of State Police shall
34 provide all equipment and instructions necessary for the
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1 collection of tissue samples. The collection of tissue
2 samples shall be performed in a medically approved manner.
3 Only a person trained in the instructions promulgated by the
4 Illinois State Police on collecting tissue may collect tissue
5 for the purposes of this Section. The samples shall
6 thereafter be forwarded to the Illinois Department of State
7 Police, Division of Forensic Services, for analysis and
8 categorizing into genetic marker groupings.
9 (d-5) To the extent that funds are available, the
10 Illinois Department of State Police shall contract with
11 qualified personnel and certified laboratories for the
12 collection, analysis, and categorization of known samples.
13 (d-6) Agencies designated by the Illinois Department of
14 State Police and the Illinois Department of State Police may
15 contract with third parties to provide for the collection or
16 analysis of DNA, or both, of an offender's blood, saliva, and
17 tissue samples.
18 (e) The genetic marker groupings shall be maintained by
19 the Illinois Department of State Police, Division of Forensic
20 Services.
21 (f) The genetic marker grouping analysis information
22 obtained pursuant to this Act shall be confidential and shall
23 be released only to peace officers of the United States, of
24 other states or territories, of the insular possessions of
25 the United States, of foreign countries duly authorized to
26 receive the same, to all peace officers of the State of
27 Illinois and to all prosecutorial agencies. The genetic
28 marker grouping analysis information obtained pursuant to
29 this Act shall be used only for (i) valid law enforcement
30 identification purposes and as required by the Federal Bureau
31 of Investigation for participation in the National DNA
32 database, or (ii) technology validation purposes, (iii) a
33 population statistics database, or (iv) quality assurance
34 purposes if personally identifying information is removed.
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1 Notwithstanding any other statutory provision to the
2 contrary, all information obtained under this Section shall
3 be maintained in a single State data base, which may be
4 uploaded into a national database, and which information may
5 be subject to expungement only as set forth in subsection
6 (f-1).
7 (f-1) Upon receipt of notification of a reversal of a
8 conviction based on actual innocence, or of the granting of a
9 pardon pursuant to Section 12 of Article V of the Illinois
10 Constitution, if that pardon document specifically states
11 that the reason for the pardon is the actual innocence of an
12 individual whose DNA record has been stored in the State or
13 national DNA identification index in accordance with this
14 Section by the Illinois Department of State Police, the DNA
15 record shall be expunged from the DNA identification index,
16 and the Department shall by rule prescribe procedures to
17 ensure that the record and any samples, analyses, or other
18 documents relating to such record, whether in the possession
19 of the Department or any law enforcement or police agency, or
20 any forensic DNA laboratory, including any duplicates or
21 copies thereof, are destroyed and a letter is sent to the
22 court verifying the expungement is completed.
23 (f-5) Any person who intentionally uses genetic marker
24 grouping analysis information, or any other information
25 derived from a DNA sample, beyond the authorized uses as
26 provided under this Section, or any other Illinois law, is
27 guilty of a Class 4 felony, and shall be subject to a fine of
28 not less than $5,000.
29 (f-6) The Illinois Department of State Police may
30 contract with third parties for the purposes of implementing
31 this amendatory Act of the 93rd General Assembly. Any other
32 party contracting to carry out the functions of this Section
33 shall be subject to the same restrictions and requirements of
34 this Section insofar as applicable, as the Illinois
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1 Department of State Police, and to any additional
2 restrictions imposed by the Illinois Department of State
3 Police.
4 (g) For the purposes of this Section, "qualifying
5 offense" means any of the following:
6 (1) any violation or inchoate violation of Section
7 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or 12-16 of the
8 Criminal Code of 1961;, or
9 (1.1) any violation or inchoate violation of
10 Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
11 18-3, 18-4, 19-1, or 19-2 of the Criminal Code of 1961
12 for which persons are convicted on or after July 1,
13 2001;, or
14 (2) any former statute of this State which defined
15 a felony sexual offense;, or
16 (3) (blank);, or
17 (4) any inchoate violation of Section 9-3.1,
18 11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961;,
19 or
20 (5) any violation or inchoate violation of Article
21 29D of the Criminal Code of 1961.
22 (g-5) (Blank).
23 (h) The Illinois Department of State Police shall be the
24 State central repository for all genetic marker grouping
25 analysis information obtained pursuant to this Act. The
26 Illinois Department of State Police may promulgate rules for
27 the form and manner of the collection of blood, saliva, or
28 tissue samples and other procedures for the operation of this
29 Act. The provisions of the Administrative Review Law shall
30 apply to all actions taken under the rules so promulgated.
31 (i)(1) A person required to provide a blood, saliva, or
32 tissue specimen shall cooperate with the collection of the
33 specimen and any deliberate act by that person intended to
34 impede, delay or stop the collection of the blood, saliva, or
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1 tissue specimen is a Class A misdemeanor.
2 (2) In the event that a person's DNA sample is not
3 adequate for any reason, the person shall provide another DNA
4 sample for analysis. Duly authorized law enforcement and
5 corrections personnel may employ reasonable force in cases in
6 which an individual refuses to provide a DNA sample required
7 under this Act.
8 (j) Any person required by subsection (a) to submit
9 specimens of blood, saliva, or tissue to the Illinois
10 Department of State Police for analysis and categorization
11 into genetic marker grouping, in addition to any other
12 disposition, penalty, or fine imposed, shall pay an analysis
13 fee of $200. If the analysis fee is not paid at the time of
14 sentencing, the court shall establish a fee schedule by which
15 the entire amount of the analysis fee shall be paid in full,
16 such schedule not to exceed 24 months from the time of
17 conviction. The inability to pay this analysis fee shall not
18 be the sole ground to incarcerate the person.
19 (k) All analysis and categorization fees provided for by
20 subsection (j) shall be regulated as follows:
21 (1) The State Offender DNA Identification System
22 Fund is hereby created as a special fund in the State
23 Treasury.
24 (2) All fees shall be collected by the clerk of the
25 court and forwarded to the State Offender DNA
26 Identification System Fund for deposit. The clerk of the
27 circuit court may retain the amount of $10 from each
28 collected analysis fee to offset administrative costs
29 incurred in carrying out the clerk's responsibilities
30 under this Section.
31 (3) Fees deposited into the State Offender DNA
32 Identification System Fund shall be used by Illinois
33 State Police crime laboratories as designated by the
34 Director of State Police. These funds shall be in
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1 addition to any allocations made pursuant to existing
2 laws and shall be designated for the exclusive use of
3 State crime laboratories. These uses may include, but
4 are not limited to, the following:
5 (A) Costs incurred in providing analysis and
6 genetic marker categorization as required by
7 subsection (d).
8 (B) Costs incurred in maintaining genetic
9 marker groupings as required by subsection (e).
10 (C) Costs incurred in the purchase and
11 maintenance of equipment for use in performing
12 analyses.
13 (D) Costs incurred in continuing research and
14 development of new techniques for analysis and
15 genetic marker categorization.
16 (E) Costs incurred in continuing education,
17 training, and professional development of forensic
18 scientists regularly employed by these laboratories.
19 (l) The failure of a person to provide a specimen, or of
20 any person or agency to collect a specimen, within the 45 day
21 period shall in no way alter the obligation of the person to
22 submit such specimen, or the authority of the Illinois
23 Department of State Police or persons designated by the
24 Department to collect the specimen, or the authority of the
25 Illinois Department of State Police to accept, analyze and
26 maintain the specimen or to maintain or upload results of
27 genetic marker grouping analysis information into a State or
28 national database.
29 (m) If any provision of this amendatory Act of the 93rd
30 General Assembly is held unconstitutional or otherwise
31 invalid, the remainder of this amendatory Act of the 93rd
32 General Assembly is not affected.
33 (Source: P.A. 91-528, eff. 1-1-00; 92-16, eff. 6-28-01;
34 92-40, eff. 6-29-01; 92-571, eff. 6-26-02; 92-600, eff.
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1 6-28-02; 92-829, eff. 8-22-02; 92-854, eff. 12-5-02; revised
2 1-20-03.)".