Full Text of HB4424 93rd General Assembly
HB4424enr 93RD GENERAL ASSEMBLY
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| AN ACT concerning sexual assault.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Sexual Assault Survivors Emergency | 5 |
| Treatment Act is amended by changing Section 6.4 as follows:
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| (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
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| Sec. 6.4. Sexual assault evidence collection program.
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| (a) There is created a statewide sexual assault evidence | 9 |
| collection program
to facilitate the prosecution of persons | 10 |
| accused of sexual assault. This
program shall be administered | 11 |
| by the Illinois
State Police. The program shall
consist of the | 12 |
| following: (1) distribution of sexual assault evidence
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| collection kits which have been approved by the Illinois
State | 14 |
| Police to hospitals that request them, or arranging for
such | 15 |
| distribution by the manufacturer of the kits, (2) collection of | 16 |
| the kits
from hospitals after the kits have been used to | 17 |
| collect
evidence, (3) analysis of the collected evidence and | 18 |
| conducting of laboratory
tests, and (4) maintaining the chain | 19 |
| of custody and safekeeping of the evidence
for use in a legal | 20 |
| proceeding , and (5) the comparison of the collected evidence | 21 |
| with the genetic marker grouping analysis information | 22 |
| maintained by the Department of State Police under Section | 23 |
| 5-4-3 of the Unified Code of Corrections and with the | 24 |
| information contained in the Federal Bureau of Investigation's | 25 |
| National DNA database; provided the amount and quality of | 26 |
| genetic marker grouping results obtained from the evidence in | 27 |
| the sexual assault case meets the requirements of both the | 28 |
| Department of State Police and the Federal Bureau of | 29 |
| Investigation's Combined DNA Index System (CODIS) policies . | 30 |
| The standardized evidence collection kit for
the State of | 31 |
| Illinois shall be the State Police Evidence Collection Kit, | 32 |
| also
known as "S.P.E.C.K.".
A sexual assault evidence |
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| collection kit may not be released by a hospital
without the | 2 |
| written consent of the sexual assault survivor. In the case of | 3 |
| a
survivor who is a minor 13 years of age or older, evidence | 4 |
| and
information concerning the alleged sexual assault may be | 5 |
| released at the
written request of the minor. If the survivor | 6 |
| is a minor who is under 13 years
of age, evidence and | 7 |
| information concerning the alleged sexual assault may be
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| released at the written request of the parent, guardian, | 9 |
| investigating law
enforcement officer, or Department of | 10 |
| Children and Family Services. Any health
care professional, | 11 |
| including any physician or nurse, sexual assault nurse
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| examiner, and any health care
institution, including any | 13 |
| hospital, who provides evidence or information to a
law | 14 |
| enforcement officer pursuant to a written request as specified | 15 |
| in this
Section is immune from any civil or professional | 16 |
| liability that might arise
from those actions, with the | 17 |
| exception of willful or wanton misconduct. The
immunity | 18 |
| provision applies only if all of the requirements of this | 19 |
| Section are
met.
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| (a-5) All sexual assault evidence collected using the State | 21 |
| Police Evidence Collection Kits before the effective date of | 22 |
| this amendatory Act of the 93rd General Assembly that have not | 23 |
| been previously analyzed and tested by the Department of State | 24 |
| Police shall be analyzed and tested within 2 years after | 25 |
| receipt of all necessary evidence and standards into the State | 26 |
| Police Laboratory if sufficient staffing and resources are | 27 |
| available. All sexual assault evidence collected using the | 28 |
| State Police Evidence Collection Kits on or after the effective | 29 |
| date of this amendatory Act of the 93rd General Assembly shall | 30 |
| be analyzed and tested by the Department of State Police within | 31 |
| one year after receipt of all necessary evidence and standards | 32 |
| into the State Police Laboratory if sufficient staffing and | 33 |
| resources are available.
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| (b) The Illinois State Police shall administer a program to | 35 |
| train hospitals
and hospital personnel participating in the | 36 |
| sexual assault evidence collection
program, in the correct use |
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| and application of the sexual assault evidence
collection kits. | 2 |
| A sexual assault nurse examiner may conduct
examinations using | 3 |
| the sexual assault evidence collection kits, without the
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| presence or participation of a physician. The Department of | 5 |
| Public Health
shall
cooperate with the Illinois State Police in | 6 |
| this
program as it pertains to medical aspects of the evidence | 7 |
| collection.
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| (c) In this Section, "sexual assault nurse examiner" means | 9 |
| a registered
nurse
who has completed a sexual assault nurse | 10 |
| examiner (SANE) training program that
meets the Forensic Sexual | 11 |
| Assault Nurse Examiner Education Guidelines
established by the | 12 |
| International Association of Forensic Nurses.
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| (Source: P.A. 91-888, eff. 7-6-00; 92-514, eff. 1-1-02.)
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| Section 10. The Unified Code of Corrections is amended by | 15 |
| changing Section 5-4-3 as follows:
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| (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
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| Sec. 5-4-3. Persons convicted of, or found delinquent for, | 18 |
| certain
offenses or institutionalized as sexually dangerous; | 19 |
| specimens;
genetic marker groups.
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| (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, convicted or found guilty of any
offense | 24 |
| classified as a felony under Illinois law, found guilty or | 25 |
| given
supervision for any offense classified as a felony under | 26 |
| the Juvenile Court Act
of 1987, or institutionalized as a | 27 |
| sexually dangerous person under the Sexually
Dangerous Persons | 28 |
| Act, or committed as a sexually violent person under the
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| Sexually Violent Persons Commitment Act shall, regardless of | 30 |
| the sentence or
disposition imposed, be required to submit | 31 |
| specimens of blood, saliva, or
tissue to the Illinois | 32 |
| Department of State Police in accordance with the
provisions of | 33 |
| this Section, provided such person is:
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| (1) convicted of a qualifying offense or attempt of a |
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| qualifying offense
on or after July 1, 1990 and sentenced | 2 |
| to a term of imprisonment, periodic imprisonment, fine,
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| probation, conditional discharge or any other form of | 4 |
| sentence, or given a
disposition of court supervision for | 5 |
| the offense;
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| (1.5) found guilty or given supervision under the | 7 |
| Juvenile Court Act of
1987 for a qualifying offense or | 8 |
| attempt of a qualifying offense on or after
January 1, | 9 |
| 1997;
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| (2) ordered institutionalized as a sexually dangerous | 11 |
| person on or after
July 1, 1990;
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| (3) convicted of a qualifying offense or attempt of a | 13 |
| qualifying offense
before July 1, 1990
and is presently | 14 |
| confined as a result of such conviction in any State
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| correctional facility or county jail or is presently | 16 |
| serving a sentence of
probation, conditional discharge or | 17 |
| periodic imprisonment as a result of such
conviction;
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| (3.5) convicted or found guilty of any offense | 19 |
| classified as a felony
under Illinois law or found guilty | 20 |
| or given supervision for such an offense
under the Juvenile | 21 |
| Court Act of 1987 on or after August 22, 2002;
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| (4) presently institutionalized as a sexually | 23 |
| dangerous person or
presently institutionalized as a | 24 |
| person found guilty but mentally ill of a
sexual offense or | 25 |
| attempt to commit a sexual offense;
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| (4.5) ordered committed as a sexually violent person on | 27 |
| or after the
effective date of the Sexually Violent Persons | 28 |
| Commitment Act; or
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| (5) seeking transfer to or residency in Illinois under | 30 |
| Sections 3-3-11.05
through 3-3-11.5 of the Unified Code of | 31 |
| Corrections and the Interstate Compact
for Adult Offender | 32 |
| Supervision or the Interstate Agreements on Sexually
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| Dangerous Persons Act.
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| Notwithstanding other provisions of this Section, any | 35 |
| person incarcerated in
a facility of the Illinois Department of | 36 |
| Corrections on or after August 22,
2002 shall be required to |
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| 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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| supervised release, as a
condition of his or her parole or | 4 |
| mandatory supervised release.
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| (a-5) Any person who was otherwise convicted of or received | 6 |
| a disposition
of court supervision for any other offense under | 7 |
| the Criminal Code of 1961 or
who was found guilty or given | 8 |
| supervision for such a violation under the
Juvenile Court Act | 9 |
| of 1987, may, regardless of the sentence imposed, be
required | 10 |
| by an order of the court to submit specimens of blood, saliva, | 11 |
| or
tissue to the Illinois Department of State Police in | 12 |
| accordance with the
provisions of this Section.
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| (b) Any person required by paragraphs (a)(1), (a)(1.5), | 14 |
| (a)(2), (a)(3.5),
and (a-5) to provide specimens of blood, | 15 |
| saliva, or tissue shall provide
specimens of blood, saliva, or | 16 |
| tissue within 45 days after sentencing or
disposition at a | 17 |
| collection site designated by the Illinois Department of
State | 18 |
| Police.
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| (c) Any person required by paragraphs (a)(3), (a)(4), and | 20 |
| (a)(4.5) to
provide specimens of blood, saliva, or tissue shall | 21 |
| be required to provide
such samples prior to final discharge, | 22 |
| parole, or release at a collection
site designated by the | 23 |
| Illinois Department of State Police.
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| (c-5) Any person required by paragraph (a)(5) to provide | 25 |
| specimens of
blood, saliva, or tissue shall, where feasible, be | 26 |
| required to provide the
specimens before being accepted for | 27 |
| conditioned residency in Illinois under
the interstate compact | 28 |
| or agreement, but no later than 45 days after arrival
in this | 29 |
| State.
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| (c-6) The Illinois Department of State Police may determine | 31 |
| which type of
specimen or specimens, blood, saliva, or tissue, | 32 |
| is acceptable for submission
to the Division of Forensic | 33 |
| Services for analysis.
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| (d) The Illinois Department of State Police shall provide | 35 |
| all equipment
and instructions necessary for the collection of | 36 |
| blood samples.
The collection of samples shall be performed in |
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| a medically approved
manner. Only a physician authorized to | 2 |
| practice medicine, a registered
nurse or other qualified person | 3 |
| trained in venipuncture may withdraw blood
for the purposes of | 4 |
| this Act. The samples
shall thereafter be forwarded to the | 5 |
| Illinois Department of State Police,
Division of Forensic | 6 |
| Services, for analysis and
categorizing into genetic marker | 7 |
| groupings.
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| (d-1) The Illinois Department of State Police shall provide | 9 |
| all equipment
and instructions necessary for the collection of | 10 |
| saliva samples. The
collection of saliva samples shall be | 11 |
| performed in a medically approved manner.
Only a person trained | 12 |
| in the instructions promulgated by the Illinois State
Police on | 13 |
| collecting saliva may collect saliva for the purposes of this
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| Section. The samples shall thereafter be forwarded to the | 15 |
| Illinois Department
of State Police, Division of Forensic | 16 |
| Services, for analysis and categorizing
into genetic marker | 17 |
| groupings.
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| (d-2) The Illinois Department of State Police shall provide | 19 |
| all equipment
and instructions necessary for the collection of | 20 |
| tissue samples. The
collection of tissue samples shall be | 21 |
| performed in a medically approved
manner. Only a person trained | 22 |
| in the instructions promulgated by the Illinois
State Police on | 23 |
| collecting tissue may collect tissue for the purposes of this
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| Section. The samples shall thereafter be forwarded to the | 25 |
| Illinois Department
of State Police, Division of Forensic | 26 |
| Services, for analysis and categorizing
into genetic marker | 27 |
| groupings.
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| (d-5) To the extent that funds are available, the Illinois | 29 |
| Department of
State Police shall contract with qualified | 30 |
| personnel and certified laboratories
for the collection, | 31 |
| analysis, and categorization of known samples.
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| (d-6) Agencies designated by the Illinois Department of | 33 |
| State Police and
the Illinois Department of State Police may | 34 |
| contract with third parties to
provide for the collection or | 35 |
| analysis of DNA, or both, of an offender's blood,
saliva, and | 36 |
| tissue samples.
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| (e) The genetic marker groupings shall be maintained by the | 2 |
| Illinois
Department of State Police, Division of Forensic | 3 |
| Services.
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| (f) The genetic marker grouping analysis information | 5 |
| obtained pursuant
to this Act shall be confidential and shall | 6 |
| be released only to peace
officers of the United States, of | 7 |
| other states or territories, of the
insular possessions of the | 8 |
| United States, of foreign countries duly
authorized to receive | 9 |
| the same, to all peace officers of the State of
Illinois and to | 10 |
| all prosecutorial agencies, and to defense counsel as
provided | 11 |
| by Section 116-5 of the Code of Criminal Procedure of 1963.
The | 12 |
| genetic marker grouping analysis information obtained pursuant | 13 |
| to
this Act shall be used only for (i) valid law enforcement | 14 |
| identification
purposes and as required by the Federal Bureau | 15 |
| of Investigation for
participation in the National DNA | 16 |
| database, (ii) technology
validation
purposes, (iii) a | 17 |
| population statistics database, or (iv) quality
assurance
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| purposes if personally identifying information is removed ,
or
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| (v)
(iii) assisting in the defense of the criminally accused | 20 |
| pursuant
to
Section 116-5 of the Code of Criminal Procedure of | 21 |
| 1963 , or (vi) identifying and assisting in the prosecution of a | 22 |
| person who is suspected of committing a sexual assault as | 23 |
| defined in Section 1a of the Sexual Assault Survivors Emergency | 24 |
| Treatment Act . Notwithstanding
any other statutory provision | 25 |
| to the contrary,
all information obtained under this Section | 26 |
| shall be maintained in a single
State data base, which may be | 27 |
| uploaded into a national database, and which
information may be | 28 |
| subject to expungement only as set forth in subsection
(f-1).
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| (f-1) Upon receipt of notification of a reversal of a | 30 |
| conviction based on
actual innocence, or of the granting of a | 31 |
| pardon pursuant to Section 12 of
Article V of the Illinois | 32 |
| Constitution, if that pardon document specifically
states that | 33 |
| the reason for the pardon is the actual innocence of an | 34 |
| individual
whose DNA record has been stored in the State or | 35 |
| national DNA identification
index in accordance with this | 36 |
| Section by the Illinois Department of State
Police, the DNA |
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| record shall be expunged from the DNA identification index, and
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| the Department shall by rule prescribe procedures to ensure | 3 |
| that the record and
any samples, analyses, or other documents | 4 |
| relating to such record, whether in
the possession of the | 5 |
| Department or any law enforcement or police agency, or
any | 6 |
| forensic DNA laboratory, including any duplicates or copies | 7 |
| thereof, are
destroyed and a letter is sent to the court | 8 |
| verifying the expungement is
completed.
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| (f-5) Any person who intentionally uses genetic marker | 10 |
| grouping analysis
information, or any other information | 11 |
| derived from a DNA sample, beyond the
authorized uses as | 12 |
| provided under this Section, or any other Illinois law, is
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| guilty of a Class 4 felony, and shall be subject to a fine of | 14 |
| not less than
$5,000.
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| (f-6) The Illinois Department of State Police may contract | 16 |
| with third
parties for the purposes of implementing this | 17 |
| amendatory Act of the 93rd
General Assembly. Any other party | 18 |
| contracting to carry out the functions of
this Section shall be | 19 |
| subject to the same restrictions and requirements of this
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| Section insofar as applicable, as the Illinois Department of | 21 |
| State Police, and
to any additional restrictions imposed by the | 22 |
| Illinois Department of State
Police.
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| (g) For the purposes of this Section, "qualifying offense" | 24 |
| means any of
the following:
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| (1) any violation or inchoate violation of Section | 26 |
| 11-6, 11-9.1, 11-11,
11-18.1, 12-15, or 12-16 of the | 27 |
| Criminal Code of 1961;
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| (1.1) any violation or inchoate violation of Section | 29 |
| 9-1, 9-2, 10-1,
10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, | 30 |
| 18-4, 19-1, or 19-2 of the Criminal
Code of 1961 for which | 31 |
| persons are convicted on or after July 1, 2001;
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| (2) any former statute of this State which defined a | 33 |
| felony sexual
offense;
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| (3) (blank);
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| (4) any inchoate violation of Section 9-3.1, 11-9.3, | 36 |
| 12-7.3, or 12-7.4 of
the Criminal Code of 1961; or
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| (5) any violation or inchoate violation of Article 29D | 2 |
| of the Criminal
Code of 1961.
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| (g-5) (Blank).
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| (h) The Illinois Department of State Police shall be the | 5 |
| State central
repository for all genetic marker grouping | 6 |
| analysis information obtained
pursuant to this Act. The | 7 |
| Illinois Department of State Police may
promulgate rules for | 8 |
| the form and manner of the collection of blood, saliva,
or | 9 |
| tissue samples and other procedures for the operation of this | 10 |
| Act. The
provisions of the Administrative Review Law shall | 11 |
| apply to all actions taken
under the rules so promulgated.
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| (i) (1) A person required to provide a blood, saliva, or | 13 |
| tissue specimen
shall
cooperate with the collection of the | 14 |
| specimen and any deliberate act by
that person intended to | 15 |
| impede, delay or stop the collection of the blood,
saliva, | 16 |
| or tissue specimen is a Class A misdemeanor.
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| (2) In the event that a person's DNA sample is not | 18 |
| adequate for any
reason, the person shall provide another | 19 |
| DNA sample for analysis. Duly
authorized law
enforcement | 20 |
| and corrections personnel may employ reasonable force in | 21 |
| cases in
which an individual refuses to provide a DNA | 22 |
| sample required under this
Act.
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| (j) Any person required by subsection (a) to submit | 24 |
| specimens of blood,
saliva, or tissue to
the Illinois | 25 |
| Department of State Police for analysis and categorization into
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| genetic marker grouping, in addition to any other disposition, | 27 |
| penalty, or
fine imposed, shall pay an analysis fee of $200. If | 28 |
| the analysis fee is not
paid at the time of sentencing, the | 29 |
| court shall establish a fee schedule by
which the entire amount | 30 |
| of the analysis fee shall be paid in full, such
schedule not to | 31 |
| exceed 24 months from the time of conviction. The inability to
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| pay this analysis fee shall not be the sole ground to | 33 |
| incarcerate the person.
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| (k) All analysis and categorization fees provided for by | 35 |
| subsection (j)
shall be regulated as follows:
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| (1) The State Offender DNA Identification System Fund |
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| is hereby created as
a special fund in the State Treasury.
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| (2) All fees shall be collected by the clerk of the | 3 |
| court and forwarded to
the State Offender DNA | 4 |
| Identification System Fund for deposit. The
clerk of the | 5 |
| circuit court may retain the amount of $10 from each | 6 |
| collected
analysis fee to offset administrative costs | 7 |
| incurred in carrying out the
clerk's responsibilities | 8 |
| under this Section.
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| (3) Fees deposited into the State Offender DNA | 10 |
| Identification System Fund
shall be used by Illinois State | 11 |
| Police crime laboratories as designated by the
Director of | 12 |
| State Police. These funds shall be in addition to any | 13 |
| allocations
made pursuant to existing laws and shall be | 14 |
| designated for the exclusive use of
State crime | 15 |
| laboratories. These uses may include, but are not limited | 16 |
| to, the
following:
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| (A) Costs incurred in providing analysis and | 18 |
| genetic marker
categorization as required by | 19 |
| subsection (d).
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| (B) Costs incurred in maintaining genetic marker | 21 |
| groupings as required
by subsection (e).
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| (C) Costs incurred in the purchase and maintenance | 23 |
| of equipment for use
in performing analyses.
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| (D) Costs incurred in continuing research and | 25 |
| development of new
techniques for analysis and genetic | 26 |
| marker categorization.
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| (E) Costs incurred in continuing education, | 28 |
| training, and professional
development of forensic | 29 |
| scientists regularly employed by these laboratories.
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| (l) The failure of a person to provide a specimen, or of | 31 |
| any person or
agency to collect a specimen, within the 45 day | 32 |
| period shall in no way alter
the obligation of the person to | 33 |
| submit such specimen, or the authority of the
Illinois | 34 |
| Department of State Police or persons designated by the | 35 |
| Department to
collect the specimen, or the authority of the | 36 |
| Illinois Department of State
Police to accept, analyze and |
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| maintain the specimen or to maintain or upload
results of | 2 |
| genetic marker grouping analysis information into a State or
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| national database.
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| (m) If any provision of this amendatory Act of the 93rd | 5 |
| General Assembly
is
held unconstitutional or otherwise | 6 |
| invalid, the remainder of this amendatory
Act
of the 93rd | 7 |
| General Assembly is not affected.
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| (Source: P.A. 92-16, eff. 6-28-01; 92-40, eff.
6-29-01; 92-571, | 9 |
| eff. 6-26-02; 92-600, eff. 6-28-02; 92-829, eff. 8-22-02;
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| 92-854, eff. 12-5-02; 93-216, eff. 1-1-04; 93-605, eff. | 11 |
| 11-19-03; revised 12-9-03.)
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