Bill Status of HB3533 103rd General Assembly
Short Description: SEXUAL ASSAULT SURVIVORS-DNA
Rep. Patrick Windhorst
|Rule 19(a) / Re-referred to Rules Committee
Statutes Amended In Order of Appearance
Synopsis As Introduced
Creates the Sexual Assault Survivors Protection Act. Establishes procedures that apply to the collection and use of known reference samples of DNA from a victim of a sex offense or alleged sex offense, and to known reference samples of DNA from any individual that was voluntarily provided for the purpose of exclusion, and to any profiles developed from those samples. Provides that law enforcement agencies and their agents shall use these DNA samples or profiles only for purposes directly related to the incident being investigated. Provides that a law enforcement agency or agent of a law enforcement agency may not compare any of these samples or profiles with DNA samples or profiles that do not relate to the incident being investigated. Provides that a law enforcement agency or agent of a law enforcement agency may not include any of these DNA profiles in any database that allows these samples to be compared to or matched with profiles derived from DNA evidence obtained from crime scenes. Provides that any part of a DNA sample that remains after the requested testing or analysis has been performed shall be securely stored and may only be used in accordance with the restrictions on use and disclosure of the sample provided in these provisions. Provides that an agent of a law enforcement agency may not provide any part of these DNA samples or profiles to any person or entity other than the law enforcement agency that provided them, except portions of these remaining DNA samples may be provided to the defendant when authorized by court order. Provides that the database profile of a person whose DNA profile has been voluntarily provided for purposes of exclusion shall be expunged from all public and private databases if the person has no past or present offense or pending charge which qualifies that person for inclusion within this State's DNA database as provided in the Unified Code of Corrections. Provides exceptions.