Illinois General Assembly - Full Text of HB0206
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Full Text of HB0206  102nd General Assembly

HB0206 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0206

 

Introduced 1/22/2021, by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 85/6.28 new
725 ILCS 5/103-10 new
730 ILCS 5/5-4-3  from Ch. 38, par. 1005-4-3
730 ILCS 150/8  from Ch. 38, par. 228

    Amends the Hospital Licensing Act and the Code of Criminal Procedure of 1963. Provides that each licensed hospital shall designate patient-care areas under rules adopted by the Department of Public Health. These areas shall include examination and operating rooms and out-patient care areas of the hospital. Provides that each licensed hospital shall post a sign of a type and size specified by the Department of Public Health in a conspicuous place at the entrance of each patient-care area of the hospital stating that peace officers may not enter the area without the knowing consent of the health supervisor or a valid search warrant. Provides that each hospital shall designate one of its staff as a health supervisor. Provides that the health supervisor shall be the person designated by the hospital to communicate and interact with peace officers including about the treatment and care being provided at the hospital to a person in the peace officer's custody who is being treated at the hospital. Provides that the health supervisor shall be a hospital administrator or other person in charge of supervising nurses at the hospital but who is not providing treatment to patients. Amends the Unified Code of Corrections and the Sex Offender Registration Act. Deletes provisions that require DNA submissions of persons charged with certain offenses and of each registered sex offender to the Illinois State Police for DNA analysis. Deletes provisions that the detention, arrest, or conviction of a person based upon a database match or database information is not invalidated if it is determined that the specimen was obtained or placed in the database by mistake.


LRB102 03800 RLC 13813 b

 

 

A BILL FOR

 

HB0206LRB102 03800 RLC 13813 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Hospital Licensing Act is amended by adding
5Section 6.28 as follows:
 
6    (210 ILCS 85/6.28 new)
7    Sec. 6.28. Designation of patient-care areas; peace
8officers prohibited; interaction with nurses prohibited.
9    (a) In this Section:
10        "Hospital" includes an ambulatory surgical treatment
11    center licensed under the Ambulatory Surgical Treatment
12    Center Act and a hospital operated by the State, a unit of
13    local government, or college or university whether public
14    or private.
15        "Law enforcement officer" means any person employed by
16    the State, a county, or a municipality as a policeman,
17    peace officer, auxiliary policeman, or correctional
18    officer or in some like position involving the enforcement
19    of the law and protection of the public interest at the
20    risk of that person's life.
21        "Peace officer" has the meaning ascribed to it in
22    Section 2-13 of the Criminal Code of 2012 and includes a
23    law enforcement officer.

 

 

HB0206- 2 -LRB102 03800 RLC 13813 b

1    (b) Each hospital licensed under this Act shall designate
2patient-care areas under rules adopted by the Department of
3Public Health. These areas shall include examination and
4operating rooms and out-patient care areas of the hospital.
5    (c) Each hospital licensed under this Act shall post a
6sign of a type and size specified by the Department of Public
7Health in a conspicuous place at the entrance of each
8patient-care area of the hospital stating that peace officers
9may not enter the area without the knowing consent of the
10health supervisor or a valid search warrant.
11    (d) Each hospital shall designate one of its staff as a
12health supervisor. The health supervisor shall be the person
13designated by the hospital to communicate and interact with
14peace officers including about the treatment and care being
15provided at the hospital to a person in the peace officer's
16custody who is being treated at the hospital. The health
17supervisor shall be a hospital administrator or other person
18in charge of supervising nurses at the hospital but who is not
19providing treatment to patients.
 
20    Section 10. The Code of Criminal Procedure of 1963 is
21amended by adding Section 103-10 as follows:
 
22    (725 ILCS 5/103-10 new)
23    Sec. 103-10. Patient-care areas of hospitals; peace
24officers prohibited.

 

 

HB0206- 3 -LRB102 03800 RLC 13813 b

1    (a) In this Section:
2        "Law enforcement officer" means any person employed by
3    the State, a county, or a municipality as a policeman,
4    peace officer, auxiliary policeman, or correctional
5    officer or in some like position involving the enforcement
6    of the law and protection of the public interest at the
7    risk of that person's life.
8        "Peace officer" has the meaning ascribed to it in
9    Section 2-13 of the Criminal Code of 2012 and includes a
10    law enforcement officer.
11    (b) A peace officer is prohibited from entering a
12patient-care area of a hospital designated under Section 6.27
13of the Hospital Licensing Act without the knowing consent of
14the health supervisor designated by the hospital under Section
156.27 of the Hospital Licensing Act or a valid search warrant.
16    (c) A peace officer may not communicate or otherwise
17interact with a nurse licensed under the Nurse Practice Act
18who is providing care for a person in the peace officer's
19custody. The peace officer may only communicate or otherwise
20interact with a health supervisor designated by the hospital
21under Section 6.27 of the Hospital Licensing Act.
 
22    Section 15. The Unified Code of Corrections is amended by
23changing Section 5-4-3 as follows:
 
24    (730 ILCS 5/5-4-3)  (from Ch. 38, par. 1005-4-3)

 

 

HB0206- 4 -LRB102 03800 RLC 13813 b

1    Sec. 5-4-3. Specimens; genetic marker groups.
2    (a) Any person convicted of, found guilty under the
3Juvenile Court Act of 1987 for, or who received a disposition
4of court supervision for, a qualifying offense or attempt of a
5qualifying offense, convicted or found guilty of any offense
6classified as a felony under Illinois law, convicted or found
7guilty of any offense requiring registration under the Sex
8Offender Registration Act, found guilty or given supervision
9for any offense classified as a felony under the Juvenile
10Court Act of 1987, convicted or found guilty of, under the
11Juvenile Court Act of 1987, any offense requiring registration
12under the Sex Offender Registration Act, or institutionalized
13as a sexually dangerous person under the Sexually Dangerous
14Persons Act, or committed as a sexually violent person under
15the Sexually Violent Persons Commitment Act shall, regardless
16of the sentence or disposition imposed, be required to submit
17specimens of blood, saliva, or tissue to the Illinois
18Department of State Police in accordance with the provisions
19of this Section, provided such person is:
20        (1) convicted of a qualifying offense or attempt of a
21    qualifying offense on or after July 1, 1990 and sentenced
22    to a term of imprisonment, periodic imprisonment, fine,
23    probation, conditional discharge or any other form of
24    sentence, or given a disposition of court supervision for
25    the offense;
26        (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;
4        (2) ordered institutionalized as a sexually dangerous
5    person on or after July 1, 1990;
6        (3) convicted of a qualifying offense or attempt of a
7    qualifying offense before July 1, 1990 and is presently
8    confined as a result of such conviction in any State
9    correctional facility or county jail or is presently
10    serving a sentence of probation, conditional discharge or
11    periodic imprisonment as a result of such conviction;
12        (3.5) convicted or found guilty of any offense
13    classified as a felony under Illinois law or found guilty
14    or given supervision for such an offense under the
15    Juvenile Court Act of 1987 on or after August 22, 2002;
16        (4) presently institutionalized as a sexually
17    dangerous person or presently institutionalized as a
18    person found guilty but mentally ill of a sexual offense
19    or attempt to commit a sexual offense; or
20        (4.5) ordered committed as a sexually violent person
21    on or after the effective date of the Sexually Violent
22    Persons Commitment Act.
23    (a-1) Any person incarcerated in a facility of the
24Illinois Department of Corrections or the Illinois Department
25of Juvenile Justice on or after August 22, 2002, whether for a
26term of years, natural life, or a sentence of death, who has

 

 

HB0206- 6 -LRB102 03800 RLC 13813 b

1not yet submitted a specimen of blood, saliva, or tissue shall
2be required to submit a specimen of blood, saliva, or tissue
3prior to his or her final discharge, or release on parole,
4aftercare release, or mandatory supervised release, as a
5condition of his or her parole, aftercare release, or
6mandatory supervised release, or within 6 months from August
713, 2009 (the effective date of Public Act 96-426), whichever
8is sooner. A person incarcerated on or after August 13, 2009
9(the effective date of Public Act 96-426) shall be required to
10submit a specimen within 45 days of incarceration, or prior to
11his or her final discharge, or release on parole, aftercare
12release, or mandatory supervised release, as a condition of
13his or her parole, aftercare release, or mandatory supervised
14release, whichever is sooner. These specimens shall be placed
15into the State or national DNA database, to be used in
16accordance with other provisions of this Section, by the
17Illinois State Police.
18    (a-2) Any person sentenced to life imprisonment in a
19facility of the Illinois Department of Corrections after the
20effective date of this amendatory Act of the 94th General
21Assembly or sentenced to death after the effective date of
22this amendatory Act of the 94th General Assembly shall be
23required to provide a specimen of blood, saliva, or tissue
24within 45 days after sentencing or disposition at a collection
25site designated by the Illinois Department of State Police.
26Any person serving a sentence of life imprisonment in a

 

 

HB0206- 7 -LRB102 03800 RLC 13813 b

1facility of the Illinois Department of Corrections on the
2effective date of this amendatory Act of the 94th General
3Assembly or any person who is under a sentence of death on the
4effective date of this amendatory Act of the 94th General
5Assembly shall be required to provide a specimen of blood,
6saliva, or tissue upon request at a collection site designated
7by the Illinois Department of State Police.
8    (a-3) Any person seeking transfer to or residency in
9Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
10Code, the Interstate Compact for Adult Offender Supervision,
11or the Interstate Agreements on Sexually Dangerous Persons Act
12shall be required to provide a specimen of blood, saliva, or
13tissue within 45 days after transfer to or residency in
14Illinois at a collection site designated by the Illinois
15Department of State Police.
16    (a-3.1) Any person required by an order of the court to
17submit a DNA specimen shall be required to provide a specimen
18of blood, saliva, or tissue within 45 days after the court
19order at a collection site designated by the Illinois
20Department of State Police.
21    (a-3.2) (Blank). On or after January 1, 2012 (the
22effective date of Public Act 97-383), any person arrested for
23any of the following offenses, after an indictment has been
24returned by a grand jury, or following a hearing pursuant to
25Section 109-3 of the Code of Criminal Procedure of 1963 and a
26judge finds there is probable cause to believe the arrestee

 

 

HB0206- 8 -LRB102 03800 RLC 13813 b

1has committed one of the designated offenses, or an arrestee
2has waived a preliminary hearing shall be required to provide
3a specimen of blood, saliva, or tissue within 14 days after
4such indictment or hearing at a collection site designated by
5the Illinois Department of State Police:
6        (A) first degree murder;
7        (B) home invasion;
8        (C) predatory criminal sexual assault of a child;
9        (D) aggravated criminal sexual assault; or
10        (E) criminal sexual assault.
11    (a-3.3) (Blank). Any person required to register as a sex
12offender under the Sex Offender Registration Act, regardless
13of the date of conviction as set forth in subsection (c-5.2)
14shall be required to provide a specimen of blood, saliva, or
15tissue within the time period prescribed in subsection (c-5.2)
16at a collection site designated by the Illinois Department of
17State Police.
18    (a-5) Any person who was otherwise convicted of or
19received a disposition of court supervision for any other
20offense under the Criminal Code of 1961 or the Criminal Code of
212012 or who was found guilty or given supervision for such a
22violation under the Juvenile Court Act of 1987, may,
23regardless of the sentence imposed, be required by an order of
24the court to submit specimens of blood, saliva, or tissue to
25the Illinois Department of State Police in accordance with the
26provisions of this Section.

 

 

HB0206- 9 -LRB102 03800 RLC 13813 b

1    (b) Any person required by paragraphs (a)(1), (a)(1.5),
2(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
3saliva, or tissue shall provide specimens of blood, saliva, or
4tissue within 45 days after sentencing or disposition at a
5collection site designated by the Illinois Department of State
6Police.
7    (c) Any person required by paragraphs (a)(3), (a)(4), and
8(a)(4.5) to provide specimens of blood, saliva, or tissue
9shall be required to provide such specimens prior to final
10discharge or within 6 months from August 13, 2009 (the
11effective date of Public Act 96-426), whichever is sooner.
12These specimens shall be placed into the State or national DNA
13database, to be used in accordance with other provisions of
14this Act, by the Illinois State Police.
15    (c-5) Any person required by paragraph (a-3) to provide
16specimens of blood, saliva, or tissue shall, where feasible,
17be required to provide the specimens before being accepted for
18conditioned residency in Illinois under the interstate compact
19or agreement, but no later than 45 days after arrival in this
20State.
21    (c-5.2) (Blank). Unless it is determined that a registered
22sex offender has previously submitted a specimen of blood,
23saliva, or tissue that has been placed into the State DNA
24database, a person registering as a sex offender shall be
25required to submit a specimen at the time of his or her initial
26registration pursuant to the Sex Offender Registration Act or,

 

 

HB0206- 10 -LRB102 03800 RLC 13813 b

1for a person registered as a sex offender on or prior to
2January 1, 2012 (the effective date of Public Act 97-383),
3within one year of January 1, 2012 (the effective date of
4Public Act 97-383) or at the time of his or her next required
5registration.
6    (c-6) The Illinois Department of State Police may
7determine which type of specimen or specimens, blood, saliva,
8or tissue, is acceptable for submission to the Division of
9Forensic Services for analysis. The Illinois Department of
10State Police may require the submission of fingerprints from
11anyone required to give a specimen under this Act.
12    (d) The Illinois Department of State Police shall provide
13all equipment and instructions necessary for the collection of
14blood specimens. The collection of specimens shall be
15performed in a medically approved manner. Only a physician
16authorized to practice medicine, a registered nurse or other
17qualified person trained in venipuncture may withdraw blood
18for the purposes of this Act. The specimens shall thereafter
19be forwarded to the Illinois Department of State Police,
20Division of Forensic Services, for analysis and categorizing
21into genetic marker groupings.
22    (d-1) The Illinois Department of State Police shall
23provide all equipment and instructions necessary for the
24collection of saliva specimens. The collection of saliva
25specimens shall be performed in a medically approved manner.
26Only a person trained in the instructions promulgated by the

 

 

HB0206- 11 -LRB102 03800 RLC 13813 b

1Illinois State Police on collecting saliva may collect saliva
2for the purposes of this Section. The specimens shall
3thereafter be forwarded to the Illinois Department of State
4Police, Division of Forensic Services, for analysis and
5categorizing into genetic marker groupings.
6    (d-2) The Illinois Department of State Police shall
7provide all equipment and instructions necessary for the
8collection of tissue specimens. The collection of tissue
9specimens shall be performed in a medically approved manner.
10Only a person trained in the instructions promulgated by the
11Illinois State Police on collecting tissue may collect tissue
12for the purposes of this Section. The specimens shall
13thereafter be forwarded to the Illinois Department of State
14Police, Division of Forensic Services, for analysis and
15categorizing into genetic marker groupings.
16    (d-5) To the extent that funds are available, the Illinois
17Department of State Police shall contract with qualified
18personnel and certified laboratories for the collection,
19analysis, and categorization of known specimens, except as
20provided in subsection (n) of this Section.
21    (d-6) Agencies designated by the Illinois Department of
22State Police and the Illinois Department of State Police may
23contract with third parties to provide for the collection or
24analysis of DNA, or both, of an offender's blood, saliva, and
25tissue specimens, except as provided in subsection (n) of this
26Section.

 

 

HB0206- 12 -LRB102 03800 RLC 13813 b

1    (e) The genetic marker groupings shall be maintained by
2the Illinois Department of State Police, Division of Forensic
3Services.
4    (f) The genetic marker grouping analysis information
5obtained pursuant to this Act shall be confidential and shall
6be released only to peace officers of the United States, of
7other states or territories, of the insular possessions of the
8United States, of foreign countries duly authorized to receive
9the same, to all peace officers of the State of Illinois and to
10all prosecutorial agencies, and to defense counsel as provided
11by Section 116-5 of the Code of Criminal Procedure of 1963. The
12genetic marker grouping analysis information obtained pursuant
13to this Act shall be used only for (i) valid law enforcement
14identification purposes and as required by the Federal Bureau
15of Investigation for participation in the National DNA
16database, (ii) technology validation purposes, (iii) a
17population statistics database, (iv) quality assurance
18purposes if personally identifying information is removed, (v)
19assisting in the defense of the criminally accused pursuant to
20Section 116-5 of the Code of Criminal Procedure of 1963, or
21(vi) identifying and assisting in the prosecution of a person
22who is suspected of committing a sexual assault as defined in
23Section 1a of the Sexual Assault Survivors Emergency Treatment
24Act. Notwithstanding any other statutory provision to the
25contrary, all information obtained under this Section shall be
26maintained in a single State data base, which may be uploaded

 

 

HB0206- 13 -LRB102 03800 RLC 13813 b

1into a national database, and which information may be subject
2to expungement only as set forth in subsection (f-1).
3    (f-1) Upon receipt of notification of a reversal of a
4conviction based on actual innocence, or of the granting of a
5pardon pursuant to Section 12 of Article V of the Illinois
6Constitution, if that pardon document specifically states that
7the reason for the pardon is the actual innocence of an
8individual whose DNA record has been stored in the State or
9national DNA identification index in accordance with this
10Section by the Illinois Department of State Police, the DNA
11record shall be expunged from the DNA identification index,
12and the Department shall by rule prescribe procedures to
13ensure that the record and any specimens, analyses, or other
14documents relating to such record, whether in the possession
15of the Department or any law enforcement or police agency, or
16any forensic DNA laboratory, including any duplicates or
17copies thereof, are destroyed and a letter is sent to the court
18verifying the expungement is completed. For specimens required
19to be collected prior to conviction, unless the individual has
20other charges or convictions that require submission of a
21specimen, the DNA record for an individual shall be expunged
22from the DNA identification databases and the specimen
23destroyed upon receipt of a certified copy of a final court
24order for each charge against an individual in which the
25charge has been dismissed, resulted in acquittal, or that the
26charge was not filed within the applicable time period. The

 

 

HB0206- 14 -LRB102 03800 RLC 13813 b

1Department shall by rule prescribe procedures to ensure that
2the record and any specimens in the possession or control of
3the Department are destroyed and a letter is sent to the court
4verifying the expungement is completed.
5    (f-5) Any person who intentionally uses genetic marker
6grouping analysis information, or any other information
7derived from a DNA specimen, beyond the authorized uses as
8provided under this Section, or any other Illinois law, is
9guilty of a Class 4 felony, and shall be subject to a fine of
10not less than $5,000.
11    (f-6) The Illinois Department of State Police may contract
12with third parties for the purposes of implementing this
13amendatory Act of the 93rd General Assembly, except as
14provided in subsection (n) of this Section. Any other party
15contracting to carry out the functions of this Section shall
16be subject to the same restrictions and requirements of this
17Section insofar as applicable, as the Illinois Department of
18State Police, and to any additional restrictions imposed by
19the Illinois Department of State Police.
20    (g) For the purposes of this Section, "qualifying offense"
21means any of the following:
22        (1) any violation or inchoate violation of Section
23    11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or
24    12-16 of the Criminal Code of 1961 or the Criminal Code of
25    2012;
26        (1.1) any violation or inchoate violation of Section

 

 

HB0206- 15 -LRB102 03800 RLC 13813 b

1    9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
2    18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of
3    1961 or the Criminal Code of 2012 for which persons are
4    convicted on or after July 1, 2001;
5        (2) any former statute of this State which defined a
6    felony sexual offense;
7        (3) (blank);
8        (4) any inchoate violation of Section 9-3.1, 9-3.4,
9    11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or
10    the Criminal Code of 2012; or
11        (5) any violation or inchoate violation of Article 29D
12    of the Criminal Code of 1961 or the Criminal Code of 2012.
13    (g-5) (Blank).
14    (h) The Illinois Department of State Police shall be the
15State central repository for all genetic marker grouping
16analysis information obtained pursuant to this Act. The
17Illinois Department of State Police may promulgate rules for
18the form and manner of the collection of blood, saliva, or
19tissue specimens and other procedures for the operation of
20this Act. The provisions of the Administrative Review Law
21shall apply to all actions taken under the rules so
22promulgated.
23    (i) (1) A person required to provide a blood, saliva, or
24    tissue specimen shall cooperate with the collection of the
25    specimen and any deliberate act by that person intended to
26    impede, delay or stop the collection of the blood, saliva,

 

 

HB0206- 16 -LRB102 03800 RLC 13813 b

1    or tissue specimen is a Class 4 felony.
2        (2) In the event that a person's DNA specimen is not
3    adequate for any reason, the person shall provide another
4    DNA specimen for analysis. Duly authorized law enforcement
5    and corrections personnel may employ reasonable force in
6    cases in which an individual refuses to provide a DNA
7    specimen required under this Act.
8    (j) (Blank).
9    (k) All analysis and categorization assessments provided
10under the Criminal and Traffic Assessments Act to the State
11Offender DNA Identification System Fund shall be regulated as
12follows:
13        (1) The State Offender DNA Identification System Fund
14    is hereby created as a special fund in the State Treasury.
15        (2) (Blank).
16        (3) Moneys deposited into the State Offender DNA
17    Identification System Fund shall be used by Illinois State
18    Police crime laboratories as designated by the Director of
19    State Police. These funds shall be in addition to any
20    allocations made pursuant to existing laws and shall be
21    designated for the exclusive use of State crime
22    laboratories. These uses may include, but are not limited
23    to, the following:
24            (A) Costs incurred in providing analysis and
25        genetic marker categorization as required by
26        subsection (d).

 

 

HB0206- 17 -LRB102 03800 RLC 13813 b

1            (B) Costs incurred in maintaining genetic marker
2        groupings as required by subsection (e).
3            (C) Costs incurred in the purchase and maintenance
4        of equipment for use in performing analyses.
5            (D) Costs incurred in continuing research and
6        development of new techniques for analysis and genetic
7        marker categorization.
8            (E) Costs incurred in continuing education,
9        training, and professional development of forensic
10        scientists regularly employed by these laboratories.
11    (l) The failure of a person to provide a specimen, or of
12any person or agency to collect a specimen, shall in no way
13alter the obligation of the person to submit such specimen, or
14the authority of the Illinois Department of State Police or
15persons designated by the Department to collect the specimen,
16or the authority of the Illinois Department of State Police to
17accept, analyze and maintain the specimen or to maintain or
18upload results of genetic marker grouping analysis information
19into a State or national database.
20    (m) If any provision of this amendatory Act of the 93rd
21General Assembly is held unconstitutional or otherwise
22invalid, the remainder of this amendatory Act of the 93rd
23General Assembly is not affected.
24    (n) Neither the Department of State Police, the Division
25of Forensic Services, nor any laboratory of the Division of
26Forensic Services may contract out forensic testing for the

 

 

HB0206- 18 -LRB102 03800 RLC 13813 b

1purpose of an active investigation or a matter pending before
2a court of competent jurisdiction without the written consent
3of the prosecuting agency. For the purposes of this subsection
4(n), "forensic testing" includes the analysis of physical
5evidence in an investigation or other proceeding for the
6prosecution of a violation of the Criminal Code of 1961 or the
7Criminal Code of 2012 or for matters adjudicated under the
8Juvenile Court Act of 1987, and includes the use of forensic
9databases and databanks, including DNA, firearm, and
10fingerprint databases, and expert testimony.
11    (o) (Blank). Mistake does not invalidate a database match.
12The detention, arrest, or conviction of a person based upon a
13database match or database information is not invalidated if
14it is determined that the specimen was obtained or placed in
15the database by mistake.
16    (p) This Section may be referred to as the Illinois DNA
17Database Law of 2011.
18(Source: P.A. 100-987, eff. 7-1-19.)
 
19    Section 20. The Sex Offender Registration Act is amended
20by changing Section 8 as follows:
 
21    (730 ILCS 150/8)  (from Ch. 38, par. 228)
22    Sec. 8. Registration and DNA submission requirements.
23    (a) Registration. Registration as required by this Article
24shall consist of a statement in writing signed by the person

 

 

HB0206- 19 -LRB102 03800 RLC 13813 b

1giving the information that is required by the Department of
2State Police, which may include the fingerprints and must
3include a current photograph of the person, to be updated
4annually. If the sex offender is a child sex offender as
5defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
61961 or the Criminal Code of 2012, he or she shall sign a
7statement that he or she understands that according to
8Illinois law as a child sex offender he or she may not reside
9within 500 feet of a school, park, or playground. The offender
10may also not reside within 500 feet of a facility providing
11services directed exclusively toward persons under 18 years of
12age unless the sex offender meets specified exemptions. The
13registration information must include whether the person is a
14sex offender as defined in the Sex Offender Community
15Notification Law. Within 3 days, the registering law
16enforcement agency shall forward any required information to
17the Department of State Police. The registering law
18enforcement agency shall enter the information into the Law
19Enforcement Agencies Data System (LEADS) as provided in
20Sections 6 and 7 of the Intergovernmental Missing Child
21Recovery Act of 1984.
22    (b) (Blank). DNA submission. Every person registering as a
23sex offender pursuant to this Act, regardless of the date of
24conviction or the date of initial registration who is required
25to submit specimens of blood, saliva, or tissue for DNA
26analysis as required by subsection (a) of Section 5-4-3 of the

 

 

HB0206- 20 -LRB102 03800 RLC 13813 b

1Unified Code of Corrections shall submit the specimens as
2required by that Section. Registered sex offenders who have
3previously submitted a DNA specimen which has been uploaded to
4the Illinois DNA database shall not be required to submit an
5additional specimen pursuant to this Section.
6(Source: P.A. 97-383, eff. 1-1-12; 97-1150, eff. 1-25-13.)