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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | Section 31-4 as follows:
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6 | (720 ILCS 5/31-4) (from Ch. 38, par. 31-4)
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7 | Sec. 31-4. Obstructing justice.
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8 | (a) A person obstructs justice when, with intent to prevent | ||||||
9 | the apprehension
or obstruct the prosecution or defense of any | ||||||
10 | person, he knowingly commits
any of the following acts:
| ||||||
11 | (1)
(a) Destroys, alters, conceals or disguises physical | ||||||
12 | evidence, plants
false evidence, furnishes false information; | ||||||
13 | or
| ||||||
14 | (2)
(b) Induces a witness having knowledge material to the | ||||||
15 | subject at issue
to leave the State or conceal himself; or
| ||||||
16 | (3)
(c) Possessing knowledge material to the subject at | ||||||
17 | issue, he leaves the
State or conceals himself ; or .
| ||||||
18 | (4) Destroys, alters, conceals, disguises, or otherwise | ||||||
19 | tampers with evidence collected under Section 107-2.5 of the | ||||||
20 | Code of Criminal Procedure of 1963 or Section 5-4-3 of the | ||||||
21 | Unified Code of Corrections.
| ||||||
22 | (b)
(d) Sentence.
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23 | (1) Obstructing justice is a Class 4 felony, except as |
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1 | provided in
paragraph (2) of this subsection (b)
(d) .
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2 | (2) Obstructing justice in furtherance of streetgang | ||||||
3 | related or
gang-related activity, as defined in Section 10 | ||||||
4 | of the Illinois Streetgang
Terrorism Omnibus Prevention | ||||||
5 | Act, is a Class 3 felony. Obstructing justice in violation | ||||||
6 | of paragraph (a)(4) is a Class 3 felony.
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7 | (c) Notwithstanding any other rulemaking authority that | ||||||
8 | may exist, neither the Governor nor any agency or agency head | ||||||
9 | under the jurisdiction of the Governor has any authority to | ||||||
10 | make or promulgate rules to implement or enforce the provisions | ||||||
11 | of this amendatory Act of the 95th General Assembly. If, | ||||||
12 | however, the Governor believes that rules are necessary to | ||||||
13 | implement or enforce the provisions of this amendatory Act of | ||||||
14 | the 95th General Assembly, the Governor may suggest rules to | ||||||
15 | the General Assembly by filing them with the Clerk of the House | ||||||
16 | and Secretary of the Senate and by requesting that the General | ||||||
17 | Assembly authorize such rulemaking by law, enact those | ||||||
18 | suggested rules into law, or take any other appropriate action | ||||||
19 | in the General Assembly's discretion. Nothing contained in this | ||||||
20 | amendatory Act of the 95th General Assembly shall be | ||||||
21 | interpreted to grant rulemaking authority under any other | ||||||
22 | Illinois statute where such authority is not otherwise | ||||||
23 | explicitly given. For the purposes of this amendatory Act of | ||||||
24 | the 95th General Assembly, "rules" is given the meaning | ||||||
25 | contained in Section 1-70 of the Illinois Administrative | ||||||
26 | Procedure Act, and "agency" and "agency head" are given the |
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| |||||||
1 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
2 | Administrative Procedure Act to the extent that such | ||||||
3 | definitions apply to agencies or agency heads under the | ||||||
4 | jurisdiction of the Governor. | ||||||
5 | (Source: P.A. 90-363, eff. 1-1-98.)
| ||||||
6 | Section 10. The Code of Criminal Procedure of 1963 is | ||||||
7 | amended by adding Section 107-2.5 as follows: | ||||||
8 | (725 ILCS 5/107-2.5 new) | ||||||
9 | Sec. 107-2.5. DNA fingerprinting analysis. | ||||||
10 | (a) Every person arrested for committing a felony as | ||||||
11 | defined in Section 2-7 of the Criminal Code of 1961 shall have | ||||||
12 | a sample of his or her saliva or tissue taken for DNA | ||||||
13 | fingerprinting analysis, at the time of booking, for the | ||||||
14 | purpose of determining identity and for the purposes specified | ||||||
15 | in this Section and subsection (f) of Section 5-4-3 of the | ||||||
16 | Unified Code of Corrections. The analysis shall be performed by | ||||||
17 | the Department of State Police or a specific agent approved by | ||||||
18 | the Department of State Police. The identification | ||||||
19 | characteristics resulting from the DNA analysis shall be stored | ||||||
20 | and maintained by the Department of State Police or the | ||||||
21 | specific agent approved by the Department. All results | ||||||
22 | developed from collected DNA samples shall be subject to any | ||||||
23 | and all confidentiality provisions of State and federal laws. | ||||||
24 | The specific agent approved by the Department of State Police |
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1 | to store and analyze DNA samples shall be required to meet all | ||||||
2 | Illinois State Police laboratory accreditation requirements | ||||||
3 | and shall properly forward the results of the DNA analysis to | ||||||
4 | the Department of State Police. | ||||||
5 | (b) If charges are dismissed or an individual is found not | ||||||
6 | guilty, any expungement of that person's DNA sample shall be in | ||||||
7 | accordance with the procedures set forth in Section 5 of the | ||||||
8 | Criminal Identification Act. | ||||||
9 | (c) Subject to appropriation, the Department of State | ||||||
10 | Police shall implement this Section; however, this Section | ||||||
11 | becomes operative no later than the earliest of the following:
| ||||||
12 | (1) 2 years after the effective date of this amendatory Act of | ||||||
13 | the 95th General Assembly;
(2) the date on which the Department | ||||||
14 | of State Police informs law enforcement agencies that the | ||||||
15 | Department is ready to collect samples; or
(3) January 1, 2011. | ||||||
16 | (d) Notwithstanding any other rulemaking authority that | ||||||
17 | may exist, neither the Governor nor any agency or agency head | ||||||
18 | under the jurisdiction of the Governor has any authority to | ||||||
19 | make or promulgate rules to implement or enforce the provisions | ||||||
20 | of this amendatory Act of the 95th General Assembly. If, | ||||||
21 | however, the Governor believes that rules are necessary to | ||||||
22 | implement or enforce the provisions of this amendatory Act of | ||||||
23 | the 95th General Assembly, the Governor may suggest rules to | ||||||
24 | the General Assembly by filing them with the Clerk of the House | ||||||
25 | and Secretary of the Senate and by requesting that the General | ||||||
26 | Assembly authorize such rulemaking by law, enact those |
| |||||||
| |||||||
1 | suggested rules into law, or take any other appropriate action | ||||||
2 | in the General Assembly's discretion. Nothing contained in this | ||||||
3 | amendatory Act of the 95th General Assembly shall be | ||||||
4 | interpreted to grant rulemaking authority under any other | ||||||
5 | Illinois statute where such authority is not otherwise | ||||||
6 | explicitly given. For the purposes of this amendatory Act of | ||||||
7 | the 95th General Assembly, "rules" is given the meaning | ||||||
8 | contained in Section 1-70 of the Illinois Administrative | ||||||
9 | Procedure Act, and "agency" and "agency head" are given the | ||||||
10 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
11 | Administrative Procedure Act to the extent that such | ||||||
12 | definitions apply to agencies or agency heads under the | ||||||
13 | jurisdiction of the Governor. | ||||||
14 | Section 15. The Unified Code of Corrections is amended by | ||||||
15 | changing Section 5-4-3 as follows:
| ||||||
16 | (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
| ||||||
17 | Sec. 5-4-3. Persons convicted of, or found delinquent for, | ||||||
18 | certain
offenses or institutionalized as sexually dangerous; | ||||||
19 | specimens;
genetic marker groups. | ||||||
20 | (a) Any person convicted of, found guilty under the | ||||||
21 | Juvenile Court Act of
1987 for, or who received a disposition | ||||||
22 | of court supervision for, a qualifying
offense or attempt of a | ||||||
23 | qualifying offense, arrested for or convicted or found guilty | ||||||
24 | of any
offense classified as a felony under Illinois law, |
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1 | convicted or found guilty of any offense requiring registration | ||||||
2 | under the Sex Offender Registration Act, found guilty or given
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3 | supervision for any offense classified as a felony under the | ||||||
4 | Juvenile Court Act
of 1987, convicted or found guilty of, under | ||||||
5 | the Juvenile Court Act of 1987, any offense requiring | ||||||
6 | registration under the Sex Offender Registration Act, or | ||||||
7 | institutionalized as a sexually dangerous person under the | ||||||
8 | Sexually
Dangerous Persons Act, or committed as a sexually | ||||||
9 | violent person under the
Sexually Violent Persons Commitment | ||||||
10 | Act shall, regardless of the sentence or
disposition imposed, | ||||||
11 | be required 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, provided such person is:
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14 | (1) convicted of a qualifying offense or attempt of a | ||||||
15 | qualifying offense
on or after July 1, 1990 and sentenced | ||||||
16 | to a term of imprisonment, periodic imprisonment, fine,
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17 | probation, conditional discharge or any other form of | ||||||
18 | sentence, or given a
disposition of court supervision for | ||||||
19 | the offense;
| ||||||
20 | (1.5) found guilty or given supervision under the | ||||||
21 | Juvenile Court Act of
1987 for a qualifying offense or | ||||||
22 | attempt of a qualifying offense on or after
January 1, | ||||||
23 | 1997;
| ||||||
24 | (2) ordered institutionalized as a sexually dangerous | ||||||
25 | person on or after
July 1, 1990;
| ||||||
26 | (3) convicted of a qualifying offense or attempt of a |
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1 | qualifying offense
before July 1, 1990
and is presently | ||||||
2 | confined as a result of such conviction in any State
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3 | correctional facility or county jail or is presently | ||||||
4 | serving a sentence of
probation, conditional discharge or | ||||||
5 | periodic imprisonment as a result of such
conviction;
| ||||||
6 | (3.5) convicted or found guilty of any offense | ||||||
7 | classified as a felony
under Illinois law or found guilty | ||||||
8 | or given supervision for such an offense
under the Juvenile | ||||||
9 | Court Act of 1987 on or after August 22, 2002;
| ||||||
10 | (4) presently institutionalized as a sexually | ||||||
11 | dangerous person or
presently institutionalized as a | ||||||
12 | person found guilty but mentally ill of a
sexual offense or | ||||||
13 | attempt to commit a sexual offense;
| ||||||
14 | (4.5) ordered committed as a sexually violent person on | ||||||
15 | or after the
effective date of the Sexually Violent Persons | ||||||
16 | Commitment Act; or
| ||||||
17 | (5) seeking transfer to or residency in Illinois under | ||||||
18 | Sections 3-3-11.05
through 3-3-11.5 of the Unified Code of | ||||||
19 | Corrections and the Interstate Compact
for Adult Offender | ||||||
20 | Supervision or the Interstate Agreements on Sexually
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21 | Dangerous Persons Act ; or
.
| ||||||
22 | (6) arrested and is suspected of committing a felony as | ||||||
23 | defined in Section 2-7 of the Criminal Code of 1961.
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24 | Notwithstanding other provisions of this Section, any | ||||||
25 | person incarcerated in
a facility of the Illinois Department of | ||||||
26 | Corrections on or after August 22,
2002 shall be required to |
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1 | submit a specimen of blood, saliva, or tissue
prior to his or | ||||||
2 | her final discharge or release on parole or mandatory
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3 | supervised release, as a
condition of his or her parole or | ||||||
4 | mandatory supervised release.
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5 | Notwithstanding other provisions of this Section, any | ||||||
6 | person sentenced to life imprisonment in a facility of the | ||||||
7 | Illinois Department of Corrections after the effective date of | ||||||
8 | this amendatory Act of the 94th General Assembly or sentenced | ||||||
9 | to death after the effective date of this amendatory Act of the | ||||||
10 | 94th General Assembly shall be required to provide a specimen | ||||||
11 | of blood, saliva, or tissue within 45 days after sentencing or | ||||||
12 | disposition at a collection site designated by the Illinois | ||||||
13 | Department of State Police. Any person serving a sentence of | ||||||
14 | life imprisonment in a facility of the Illinois Department of | ||||||
15 | Corrections on the effective date of this amendatory Act of the | ||||||
16 | 94th General Assembly or any person who is under a sentence of | ||||||
17 | death on the effective date of this amendatory Act of the 94th | ||||||
18 | General Assembly shall be required to provide a specimen of | ||||||
19 | blood, saliva, or tissue upon request at a collection site | ||||||
20 | designated by the Illinois Department of State Police.
| ||||||
21 | (a-5) Any person who was otherwise convicted of or received | ||||||
22 | a disposition
of court supervision for any other offense under | ||||||
23 | the Criminal Code of 1961 or
who was found guilty or given | ||||||
24 | supervision for such a violation under the
Juvenile Court Act | ||||||
25 | of 1987, may, regardless of the sentence imposed, be
required | ||||||
26 | by an order of the court to submit specimens of blood, saliva, |
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1 | or
tissue to the Illinois Department of State Police in | ||||||
2 | accordance with the
provisions of this Section.
| ||||||
3 | (b) Any person required by paragraphs (a)(1), (a)(1.5), | ||||||
4 | (a)(2), (a)(3.5),
and (a-5) to provide specimens of blood, | ||||||
5 | saliva, or tissue shall provide
specimens of blood, saliva, or | ||||||
6 | tissue within 45 days after sentencing or
disposition at a | ||||||
7 | collection site designated by the Illinois Department of
State | ||||||
8 | Police.
| ||||||
9 | (c) Any person required by paragraphs (a)(3), (a)(4), and | ||||||
10 | (a)(4.5) to
provide specimens of blood, saliva, or tissue shall | ||||||
11 | be required to provide
such samples prior to final discharge, | ||||||
12 | parole, or release at a collection
site designated by the | ||||||
13 | Illinois Department of State Police.
| ||||||
14 | (c-5) Any person required by paragraph (a)(5) to provide | ||||||
15 | specimens of
blood, saliva, or tissue shall, where feasible, be | ||||||
16 | required to provide the
specimens before being accepted for | ||||||
17 | conditioned residency in Illinois under
the interstate compact | ||||||
18 | or agreement, but no later than 45 days after arrival
in this | ||||||
19 | State.
| ||||||
20 | (c-6) The Illinois Department of State Police may determine | ||||||
21 | which type of
specimen or specimens, blood, saliva, or tissue, | ||||||
22 | is acceptable for submission
to the Division of Forensic | ||||||
23 | Services for analysis.
| ||||||
24 | (c-7) Any person required by paragraph (a)(6) to provide | ||||||
25 | specimens of saliva or tissue shall be required to provide the | ||||||
26 | specimens at the booking procedure. The law enforcement officer |
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1 | shall verify that the arrestee sample has not been previously | ||||||
2 | collected at each arrest.
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3 | (d) The Illinois Department of State Police shall provide | ||||||
4 | all equipment
and instructions necessary for the collection of | ||||||
5 | blood samples.
The collection of samples shall be performed in | ||||||
6 | a medically approved
manner. Only a physician authorized to | ||||||
7 | practice medicine, a registered
nurse or other qualified person | ||||||
8 | trained in venipuncture may withdraw blood
for the purposes of | ||||||
9 | this Act. The samples
shall thereafter be forwarded to the | ||||||
10 | Illinois Department of State Police,
Division of Forensic | ||||||
11 | Services, for analysis and
categorizing into genetic marker | ||||||
12 | groupings.
| ||||||
13 | (d-1) The Illinois Department of State Police shall provide | ||||||
14 | all equipment
and instructions necessary for the collection of | ||||||
15 | saliva samples under this Section . The
collection of saliva | ||||||
16 | samples shall be performed in a medically approved manner.
Only | ||||||
17 | 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 thereafter | ||||||
20 | be forwarded to the Illinois Department
of State Police, | ||||||
21 | Division of Forensic Services, for analysis and categorizing
| ||||||
22 | into genetic marker groupings.
| ||||||
23 | (d-2) The Illinois Department of State Police shall provide | ||||||
24 | all equipment
and instructions necessary for the collection of | ||||||
25 | tissue samples under this Section . The
collection of tissue | ||||||
26 | samples shall be performed in a medically approved
manner. Only |
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1 | a person trained in the instructions promulgated by the | ||||||
2 | Illinois
State Police on collecting tissue may collect tissue | ||||||
3 | for the purposes of this
Section. 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 | (d-5) To the extent that funds are available, the Illinois | ||||||
8 | Department of
State Police shall contract with qualified | ||||||
9 | personnel and certified laboratories
for the collection, | ||||||
10 | analysis, and categorization of known samples.
| ||||||
11 | (d-6) Agencies designated by the Illinois Department of | ||||||
12 | State Police and
the Illinois Department of State Police may | ||||||
13 | contract with third parties to
provide for the collection or | ||||||
14 | analysis of DNA, or both, of an offender's blood,
saliva, and | ||||||
15 | tissue samples.
| ||||||
16 | (e) The genetic marker groupings shall be maintained by the | ||||||
17 | Illinois
Department of State Police, Division of Forensic | ||||||
18 | Services.
| ||||||
19 | (f) The genetic marker grouping analysis information | ||||||
20 | obtained pursuant
to this Act and the information obtained | ||||||
21 | under Section 107-2.5 of the Code of Criminal Procedure of 1963
| ||||||
22 | shall be confidential and shall be released only to peace
| ||||||
23 | officers of the United States, of other states or territories, | ||||||
24 | of the
insular possessions of the United States, of foreign | ||||||
25 | countries duly
authorized to receive the same, to all peace | ||||||
26 | officers of the State of
Illinois and to all prosecutorial |
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1 | agencies, and to defense counsel as
provided by Section 116-5 | ||||||
2 | of the Code of Criminal Procedure of 1963.
The genetic marker | ||||||
3 | grouping analysis information obtained pursuant to
this Act | ||||||
4 | shall be used only for (i) valid law enforcement identification
| ||||||
5 | purposes and as required by the Federal Bureau of Investigation | ||||||
6 | for
participation in the National DNA database, (ii) technology
| ||||||
7 | validation
purposes, (iii) a population statistics database, | ||||||
8 | (iv) quality
assurance
purposes if personally identifying | ||||||
9 | information is removed,
(v) assisting in the defense of the | ||||||
10 | criminally accused pursuant
to
Section 116-5 of the Code of | ||||||
11 | Criminal Procedure of 1963, or (vi) identifying and assisting | ||||||
12 | in the prosecution of a person who is suspected of committing a | ||||||
13 | sexual assault as defined in Section 1a of the Sexual Assault | ||||||
14 | Survivors Emergency Treatment Act. Notwithstanding
any other | ||||||
15 | statutory provision to the contrary,
all information obtained | ||||||
16 | under this Section shall be maintained in a single
State data | ||||||
17 | base, which may be uploaded into a national database, and which
| ||||||
18 | information may be subject to expungement only as set forth in | ||||||
19 | subsection
(f-1).
| ||||||
20 | (f-1) Upon receipt of notification of a reversal of a | ||||||
21 | conviction based on
actual innocence, or of the granting of a | ||||||
22 | pardon pursuant to Section 12 of
Article V of the Illinois | ||||||
23 | Constitution, if that pardon document specifically
states that | ||||||
24 | the reason for the pardon is the actual innocence of an | ||||||
25 | individual
whose DNA record has been stored in the State or | ||||||
26 | national DNA identification
index in accordance with this |
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| |||||||
1 | Section by the Illinois Department of State
Police, the DNA | ||||||
2 | record shall be expunged from the DNA identification index, and
| ||||||
3 | the Department shall by rule prescribe procedures to ensure | ||||||
4 | that the record and
any samples, analyses, or other documents | ||||||
5 | relating to such record, whether in
the possession of the | ||||||
6 | Department or any law enforcement or police agency, or
any | ||||||
7 | forensic DNA laboratory, including any duplicates or copies | ||||||
8 | thereof, are
destroyed and a letter is sent to the court | ||||||
9 | verifying the expungement is
completed.
| ||||||
10 | (f-5) Any person who intentionally uses genetic marker | ||||||
11 | grouping analysis
information, or any other information | ||||||
12 | derived from a DNA sample, beyond the
authorized uses as | ||||||
13 | provided under this Section or under Section 107-2.5 of the | ||||||
14 | Code of Criminal Procedure of 1963 , or any other Illinois law, | ||||||
15 | is
guilty of a Class 3
4 felony, and shall be subject to a fine | ||||||
16 | of not less than
$5,000.
| ||||||
17 | (f-6) The Illinois Department of State Police may contract | ||||||
18 | with third
parties for the purposes of implementing this | ||||||
19 | amendatory Act of the 93rd
General Assembly. Any other party | ||||||
20 | contracting to carry out the functions of
this Section shall be | ||||||
21 | subject to the same restrictions and requirements of this
| ||||||
22 | Section insofar as applicable, as the Illinois Department of | ||||||
23 | State Police, and
to any additional restrictions imposed by the | ||||||
24 | Illinois Department of State
Police.
| ||||||
25 | (g) For the purposes of this Section, "qualifying offense" | ||||||
26 | means any of
the following:
|
| |||||||
| |||||||
1 | (1) any violation or inchoate violation of Section | ||||||
2 | 11-6, 11-9.1, 11-11,
11-18.1, 12-15, or 12-16 of the | ||||||
3 | Criminal Code of 1961;
| ||||||
4 | (1.1) any violation or inchoate violation of Section | ||||||
5 | 9-1, 9-2, 10-1,
10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, | ||||||
6 | 18-4, 19-1, or 19-2 of the Criminal
Code of 1961 for which | ||||||
7 | persons are convicted on or after July 1, 2001;
| ||||||
8 | (2) any former statute of this State which defined a | ||||||
9 | felony sexual
offense;
| ||||||
10 | (3) (blank);
| ||||||
11 | (4) any inchoate violation of Section 9-3.1, 11-9.3, | ||||||
12 | 12-7.3, or 12-7.4 of
the Criminal Code of 1961; or
| ||||||
13 | (5) any violation or inchoate violation of Article 29D | ||||||
14 | of the Criminal
Code of 1961.
| ||||||
15 | (g-5) (Blank).
| ||||||
16 | (h) The Illinois Department of State Police shall be the | ||||||
17 | State central
repository for all genetic marker grouping | ||||||
18 | analysis information obtained
pursuant to this Act. The | ||||||
19 | Illinois Department of State Police may
promulgate rules for | ||||||
20 | the form and manner of the collection of blood, saliva,
or | ||||||
21 | tissue samples and other procedures for the operation of this | ||||||
22 | Act. The
provisions of the Administrative Review Law shall | ||||||
23 | apply to all actions taken
under the rules so promulgated.
| ||||||
24 | (i) (1) A person required to provide a blood, saliva, or | ||||||
25 | tissue specimen
shall
cooperate with the collection of the | ||||||
26 | specimen and any deliberate act by
that person intended to |
| |||||||
| |||||||
1 | impede, delay or stop the collection of the blood,
saliva, | ||||||
2 | or tissue specimen is a Class A misdemeanor.
| ||||||
3 | (2) In the event that a person's DNA sample is not | ||||||
4 | adequate for any
reason, the person shall provide another | ||||||
5 | DNA sample for analysis. Duly
authorized law
enforcement | ||||||
6 | and corrections personnel may employ reasonable force in | ||||||
7 | cases in
which an individual refuses to provide a DNA | ||||||
8 | sample required under this
Act.
| ||||||
9 | (j) Any person sentenced and required by subsection (a) to | ||||||
10 | submit specimens of blood,
saliva, or tissue to
the Illinois | ||||||
11 | Department of State Police for analysis and categorization into
| ||||||
12 | genetic marker grouping, in addition to any other disposition, | ||||||
13 | penalty, or
fine imposed, shall pay an analysis fee of $200. If | ||||||
14 | the analysis fee is not
paid at the time of sentencing, the | ||||||
15 | court shall establish a fee schedule by
which the entire amount | ||||||
16 | of the analysis fee shall be paid in full, such
schedule not to | ||||||
17 | exceed 24 months from the time of conviction. The inability to
| ||||||
18 | pay this analysis fee shall not be the sole ground to | ||||||
19 | incarcerate the person.
| ||||||
20 | (k) All analysis and categorization fees provided for by | ||||||
21 | subsection (j)
shall be regulated as follows:
| ||||||
22 | (1) The State Offender DNA Identification System Fund | ||||||
23 | is hereby created as
a special fund in the State 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 |
| |||||||
| |||||||
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 State | ||||||
7 | Police crime laboratories as designated by the
Director of | ||||||
8 | State Police. These funds shall be in addition to any | ||||||
9 | allocations
made pursuant to existing laws and shall be | ||||||
10 | designated for the exclusive use of
State crime | ||||||
11 | laboratories. These uses may include, but are not limited | ||||||
12 | 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 marker | ||||||
17 | groupings as required
by subsection (e).
| ||||||
18 | (C) Costs incurred in the purchase and maintenance | ||||||
19 | of equipment for use
in performing analyses.
| ||||||
20 | (D) Costs incurred in continuing research and | ||||||
21 | development of new
techniques for analysis and genetic | ||||||
22 | marker categorization.
| ||||||
23 | (E) Costs incurred in continuing education, | ||||||
24 | training, and professional
development of forensic | ||||||
25 | scientists regularly employed by these laboratories.
| ||||||
26 | (l) The failure of a person to provide a specimen, or of |
| |||||||
| |||||||
1 | any person or
agency to collect a specimen, within the 45 day | ||||||
2 | period shall in no way alter
the obligation of the person to | ||||||
3 | submit such specimen, or the authority of the
Illinois | ||||||
4 | Department of State Police or persons designated by the | ||||||
5 | Department to
collect the specimen, or the authority of the | ||||||
6 | Illinois Department of State
Police to accept, analyze and | ||||||
7 | maintain the specimen or to maintain or upload
results of | ||||||
8 | genetic marker grouping analysis information into a State or
| ||||||
9 | national database.
| ||||||
10 | (m) If any provision of Public Act 93-216 this amendatory | ||||||
11 | Act of the 93rd General Assembly
is
held unconstitutional or | ||||||
12 | otherwise invalid, the remainder of Public Act 93-216 this | ||||||
13 | amendatory
Act
of the 93rd General Assembly is not affected.
| ||||||
14 | (n) If any provision of this amendatory Act of the 95th | ||||||
15 | General Assembly
is
held unconstitutional or otherwise | ||||||
16 | invalid, the remainder of this amendatory
Act
of the 95th | ||||||
17 | General Assembly is not affected. | ||||||
18 | (o) Notwithstanding any other rulemaking authority that | ||||||
19 | may exist, neither the Governor nor any agency or agency head | ||||||
20 | under the jurisdiction of the Governor has any authority to | ||||||
21 | make or promulgate rules to implement or enforce the provisions | ||||||
22 | of this amendatory Act of the 95th General Assembly. If, | ||||||
23 | however, the Governor believes that rules are necessary to | ||||||
24 | implement or enforce the provisions of this amendatory Act of | ||||||
25 | the 95th General Assembly, the Governor may suggest rules to | ||||||
26 | the General Assembly by filing them with the Clerk of the House |
| |||||||
| |||||||
1 | and Secretary of the Senate and by requesting that the General | ||||||
2 | Assembly authorize such rulemaking by law, enact those | ||||||
3 | suggested rules into law, or take any other appropriate action | ||||||
4 | in the General Assembly's discretion. Nothing contained in this | ||||||
5 | amendatory Act of the 95th General Assembly shall be | ||||||
6 | interpreted to grant rulemaking authority under any other | ||||||
7 | Illinois statute where such authority is not otherwise | ||||||
8 | explicitly given. For the purposes of this amendatory Act of | ||||||
9 | the 95th General Assembly, "rules" is given the meaning | ||||||
10 | contained in Section 1-70 of the Illinois Administrative | ||||||
11 | Procedure Act, and "agency" and "agency head" are given the | ||||||
12 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
13 | Administrative Procedure Act to the extent that such | ||||||
14 | definitions apply to agencies or agency heads under the | ||||||
15 | jurisdiction of the Governor. | ||||||
16 | (Source: P.A. 93-216, eff. 1-1-04; 93-605, eff. 11-19-03; | ||||||
17 | 93-781, eff. 1-1-05; 94-16, eff. 6-13-05; 94-1018, eff. | ||||||
18 | 1-1-07.)
| ||||||
19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.
|