Full Text of HB2890 103rd General Assembly
HB2890eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 5-4-3 as follows:
| 6 | | (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
| 7 | | Sec. 5-4-3. Specimens;
genetic marker groups. | 8 | | (a) Any person convicted of , found guilty under the | 9 | | Juvenile Court Act of
1987 for, or who received a disposition | 10 | | of court supervision for, a qualifying
offense or attempt of a | 11 | | qualifying offense, convicted or found guilty of any
offense | 12 | | classified as a felony under Illinois law, convicted or found | 13 | | guilty of any offense requiring registration under the Sex | 14 | | Offender Registration Act, found guilty or given
supervision | 15 | | for any offense classified as a felony under the Juvenile | 16 | | Court Act
of 1987, convicted or found guilty of, under the | 17 | | Juvenile Court Act of 1987, any offense requiring registration | 18 | | under the Sex Offender Registration Act, or institutionalized | 19 | | as a sexually dangerous person under the Sexually
Dangerous | 20 | | Persons Act, or committed as a sexually violent person under | 21 | | the
Sexually Violent Persons Commitment Act shall, regardless | 22 | | of the sentence or
disposition imposed, be required to submit | 23 | | specimens of blood, saliva, or
tissue to the Illinois State |
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| 1 | | Police in accordance with the
provisions of this Section, | 2 | | provided such person is:
| 3 | | (1) convicted of a qualifying offense or attempt of a | 4 | | qualifying offense
on or after July 1, 1990 and sentenced | 5 | | to a term of imprisonment, periodic imprisonment, fine,
| 6 | | probation, conditional discharge or any other form of | 7 | | sentence, or given a
disposition of court supervision for | 8 | | the offense;
| 9 | | (1.5) (blank) found guilty or given supervision under | 10 | | the Juvenile Court Act of
1987 for a qualifying offense or | 11 | | attempt of a qualifying offense on or after
January 1, | 12 | | 1997 ;
| 13 | | (2) ordered institutionalized as a sexually dangerous | 14 | | person on or after
July 1, 1990;
| 15 | | (3) convicted of a qualifying offense or attempt of a | 16 | | qualifying offense
before July 1, 1990
and is presently | 17 | | confined as a result of such conviction in any State
| 18 | | correctional facility or county jail or is presently | 19 | | serving a sentence of
probation, conditional discharge or | 20 | | periodic imprisonment as a result of such
conviction;
| 21 | | (3.5) convicted or found guilty of any offense | 22 | | classified as a felony
under Illinois law or found guilty | 23 | | or given supervision for such an offense
under the | 24 | | Juvenile Court Act of 1987 on or after August 22, 2002 ;
| 25 | | (4) presently institutionalized as a sexually | 26 | | dangerous person or
presently institutionalized as a |
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| 1 | | person found guilty but mentally ill of a
sexual offense | 2 | | or attempt to commit a sexual offense; or
| 3 | | (4.5) ordered committed as a sexually violent person | 4 | | on or after the
effective date of the Sexually Violent | 5 | | Persons Commitment Act.
| 6 | | (a-1) Any person incarcerated in
a facility of the | 7 | | Illinois Department of Corrections or the Illinois Department | 8 | | of Juvenile Justice on or after August 22,
2002, whether for a | 9 | | term of years, natural life, or a sentence of death, who has | 10 | | not yet submitted a specimen of blood, saliva, or tissue shall | 11 | | be required to submit a specimen of blood, saliva, or tissue
| 12 | | prior to his or her final discharge, or release on parole, | 13 | | aftercare release, or mandatory
supervised release, as a
| 14 | | condition of his or her parole, aftercare release, or | 15 | | mandatory supervised release, or within 6 months from August | 16 | | 13, 2009 (the effective date of Public Act 96-426), whichever | 17 | | is sooner. A person incarcerated on or after August 13, 2009 | 18 | | (the effective date of Public Act 96-426) shall be required to | 19 | | submit a specimen within 45 days of incarceration, or prior to | 20 | | his or her final discharge, or release on parole, aftercare | 21 | | release, or mandatory supervised release, as a condition of | 22 | | his or her parole, aftercare release, or mandatory supervised | 23 | | release, whichever is sooner. These specimens shall be placed | 24 | | into the State or national DNA database, to be used in | 25 | | accordance with other provisions of this Section, by the | 26 | | Illinois State Police.
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| 1 | | (a-2) Any person sentenced to life imprisonment in a | 2 | | facility of the Illinois Department of Corrections after the | 3 | | effective date of this amendatory Act of the 94th General | 4 | | Assembly or sentenced to death after the effective date of | 5 | | this amendatory Act of the 94th General Assembly shall be | 6 | | required to provide a specimen of blood, saliva, or tissue | 7 | | within 45 days after sentencing or disposition at a collection | 8 | | site designated by the Illinois State Police. Any person | 9 | | serving a sentence of life imprisonment in a facility of the | 10 | | Illinois Department of Corrections on the effective date of | 11 | | this amendatory Act of the 94th General Assembly or any person | 12 | | who is under a sentence of death on the effective date of this | 13 | | amendatory Act of the 94th General Assembly shall be required | 14 | | to provide a specimen of blood, saliva, or tissue upon request | 15 | | at a collection site designated by the Illinois State Police.
| 16 | | (a-3) Any person seeking transfer to or residency in | 17 | | Illinois under Sections 3-3-11.05
through 3-3-11.5 of this | 18 | | Code, the Interstate Compact
for Adult Offender Supervision, | 19 | | or the Interstate Agreements on Sexually
Dangerous Persons Act | 20 | | shall be required to provide a specimen of blood, saliva, or | 21 | | tissue within 45 days after transfer to or residency in | 22 | | Illinois at a collection site designated by the Illinois State | 23 | | Police. | 24 | | (a-3.1) Any person required by an order of the court to | 25 | | submit a DNA specimen shall be required to provide a specimen | 26 | | of blood, saliva, or tissue within 45 days after the court |
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| 1 | | order at a collection site designated by the Illinois State | 2 | | Police. | 3 | | (a-3.2) On or after January 1, 2012 (the effective date of | 4 | | Public Act 97-383), any person arrested for any of the | 5 | | following offenses, after an indictment has been returned by a | 6 | | grand jury, or following a hearing pursuant to Section 109-3 | 7 | | of the Code of Criminal Procedure of 1963 and a judge finds | 8 | | there is probable cause to believe the arrestee has committed | 9 | | one of the designated offenses, or an arrestee has waived a | 10 | | preliminary hearing shall be required to provide a specimen of | 11 | | blood, saliva, or tissue within 14 days after such indictment | 12 | | or hearing at a collection site designated by the Illinois | 13 | | State Police: | 14 | | (A) first degree murder; | 15 | | (B) home invasion; | 16 | | (C) predatory criminal sexual assault
of a child; | 17 | | (D) aggravated criminal sexual assault; or | 18 | | (E) criminal sexual assault. | 19 | | (a-3.3) Any person required to register as a sex offender | 20 | | under the Sex Offender Registration Act, regardless of the | 21 | | date of conviction as set forth in subsection (c-5.2) shall be | 22 | | required to provide a specimen of blood, saliva, or tissue | 23 | | within the time period prescribed in subsection (c-5.2) at a | 24 | | collection site designated by the Illinois State Police. | 25 | | (a-5) Any person who was otherwise convicted of or | 26 | | received a disposition
of court supervision for any other |
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| 1 | | offense under the Criminal Code of 1961 or the Criminal Code of | 2 | | 2012 or
who was found guilty or given supervision for such a | 3 | | violation under the
Juvenile Court Act of 1987, may, | 4 | | regardless of the sentence imposed, be
required by an order of | 5 | | the court to submit specimens of blood, saliva, or
tissue to | 6 | | the Illinois State Police in accordance with the
provisions of | 7 | | this Section.
| 8 | | (b) Any person required by paragraphs (a)(1), (a)(1.5), | 9 | | (a)(2), (a)(3.5),
and (a-5) to provide specimens of blood, | 10 | | saliva, or tissue shall provide
specimens of blood, saliva, or | 11 | | tissue within 45 days after sentencing or
disposition at a | 12 | | collection site designated by the Illinois
State Police.
| 13 | | (c) Any person required by paragraphs (a)(3), (a)(4), and | 14 | | (a)(4.5) to
provide specimens of blood, saliva, or tissue | 15 | | shall be required to provide
such specimens prior to final | 16 | | discharge or within 6 months from August 13, 2009 (the | 17 | | effective date of Public Act 96-426), whichever is sooner. | 18 | | These specimens shall be placed into the State or national DNA | 19 | | database, to be used in accordance with other provisions of | 20 | | this Act, by the Illinois State Police.
| 21 | | (c-5) Any person required by paragraph (a-3) to provide | 22 | | specimens of
blood, saliva, or tissue shall, where feasible, | 23 | | be required to provide the
specimens before being accepted for | 24 | | conditioned residency in Illinois under
the interstate compact | 25 | | or agreement, but no later than 45 days after arrival
in this | 26 | | State.
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| 1 | | (c-5.2) Unless it is determined that a registered sex | 2 | | offender has previously submitted a specimen of blood, saliva, | 3 | | or tissue that has been placed into the State DNA database, a | 4 | | person registering as a sex offender shall be required to | 5 | | submit a specimen at the time of his or her initial | 6 | | registration pursuant to the Sex Offender Registration Act or, | 7 | | for a person registered as a sex offender on or prior to | 8 | | January 1, 2012 (the effective date of Public Act 97-383), | 9 | | within one year of January 1, 2012 (the effective date of | 10 | | Public Act 97-383) or at the time of his or her next required | 11 | | registration. | 12 | | (c-6) The Illinois State Police may determine which type | 13 | | of
specimen or specimens, blood, saliva, or tissue, is | 14 | | acceptable for submission
to the Division of Forensic Services | 15 | | for analysis. The Illinois State Police may require the | 16 | | submission of fingerprints from anyone required to give a | 17 | | specimen under this Act.
| 18 | | (d) The Illinois State Police shall provide all equipment
| 19 | | and instructions necessary for the collection of blood | 20 | | specimens.
The collection of specimens shall be performed in a | 21 | | medically approved
manner. Only a physician authorized to | 22 | | practice medicine, a registered
nurse or other qualified | 23 | | person trained in venipuncture may withdraw blood
for the | 24 | | purposes of this Act. The specimens
shall thereafter be | 25 | | forwarded to the Illinois State Police,
Division of Forensic | 26 | | Services, for analysis and
categorizing into genetic marker |
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| 1 | | groupings.
| 2 | | (d-1) The Illinois State Police shall provide all | 3 | | equipment
and instructions necessary for the collection of | 4 | | saliva specimens. The
collection of saliva specimens shall be | 5 | | performed in a medically approved manner.
Only a person | 6 | | trained in the instructions promulgated by the Illinois State
| 7 | | Police on collecting saliva may collect saliva for the | 8 | | purposes of this
Section. The specimens shall thereafter be | 9 | | forwarded to the Illinois State Police, Division of Forensic | 10 | | Services, for analysis and categorizing
into genetic marker | 11 | | groupings.
| 12 | | (d-2) The Illinois State Police shall provide all | 13 | | equipment
and instructions necessary for the collection of | 14 | | tissue specimens. The
collection of tissue specimens shall be | 15 | | performed in a medically approved
manner. Only a person | 16 | | trained in the instructions promulgated by the Illinois
State | 17 | | Police on collecting tissue may collect tissue for the | 18 | | purposes of this
Section. The specimens shall thereafter be | 19 | | forwarded to the Illinois State Police, Division of Forensic | 20 | | Services, for analysis and categorizing
into genetic marker | 21 | | groupings.
| 22 | | (d-5) To the extent that funds are available, the Illinois
| 23 | | State Police shall contract with qualified personnel and | 24 | | certified laboratories
for the collection, analysis, and | 25 | | categorization of known specimens, except as provided in | 26 | | subsection (n) of this Section.
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| 1 | | (d-6) Agencies designated by the Illinois State Police and
| 2 | | the Illinois State Police may contract with third parties to
| 3 | | provide for the collection or analysis of DNA, or both, of an | 4 | | offender's blood,
saliva, and tissue specimens, except as | 5 | | provided in subsection (n) of this Section.
| 6 | | (e) The genetic marker groupings shall be maintained by | 7 | | the Illinois
State Police, Division of Forensic Services.
| 8 | | (f) The genetic marker grouping analysis information | 9 | | obtained pursuant
to this Act shall be confidential and shall | 10 | | be released only to peace
officers of the United States, of | 11 | | other states or territories, of the
insular possessions of the | 12 | | United States, of foreign countries duly
authorized to receive | 13 | | the same, to all peace officers of the State of
Illinois and to | 14 | | all prosecutorial agencies, and to defense counsel as
provided | 15 | | by Section 116-5 of the Code of Criminal Procedure of 1963.
The | 16 | | genetic marker grouping analysis information obtained pursuant | 17 | | to
this Act shall be used only for (i) valid law enforcement | 18 | | identification
purposes and as required by the Federal Bureau | 19 | | of Investigation for
participation in the National DNA | 20 | | database, (ii) technology
validation
purposes, (iii) a | 21 | | population statistics database, (iv) quality
assurance
| 22 | | purposes if personally identifying information is removed,
(v) | 23 | | assisting in the defense of the criminally accused pursuant
to
| 24 | | Section 116-5 of the Code of Criminal Procedure of 1963, or | 25 | | (vi) identifying and assisting in the prosecution of a person | 26 | | who is suspected of committing a sexual assault as defined in |
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| 1 | | Section 1a of the Sexual Assault Survivors Emergency Treatment | 2 | | Act. Notwithstanding
any other statutory provision to the | 3 | | contrary,
all information obtained under this Section shall be | 4 | | maintained in a single
State data base, which may be uploaded | 5 | | into a national database, and which
information may be subject | 6 | | to expungement only as set forth in subsection
(f-1).
| 7 | | (f-1) Upon receipt of notification of a reversal of a | 8 | | conviction based on
actual innocence, or of the granting of a | 9 | | pardon pursuant to Section 12 of
Article V of the Illinois | 10 | | Constitution, if that pardon document specifically
states that | 11 | | the reason for the pardon is the actual innocence of an | 12 | | individual
whose DNA record has been stored in the State or | 13 | | national DNA identification
index in accordance with this | 14 | | Section by the Illinois State
Police, the DNA record shall be | 15 | | expunged from the DNA identification index, and
the Department | 16 | | shall by rule prescribe procedures to ensure that the record | 17 | | and
any specimens, analyses, or other documents relating to | 18 | | such record, whether in
the possession of the Department or | 19 | | any law enforcement or police agency, or
any forensic DNA | 20 | | laboratory, including any duplicates or copies thereof, are
| 21 | | destroyed and a letter is sent to the court verifying the | 22 | | expungement is
completed. For specimens required to be | 23 | | collected prior to conviction, unless the individual has other | 24 | | charges or convictions that require submission of a specimen, | 25 | | the DNA record for an individual shall be expunged from the DNA | 26 | | identification databases and the specimen destroyed upon |
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| 1 | | receipt of a certified copy of a final court order for each | 2 | | charge against an individual in which the charge has been | 3 | | dismissed, resulted in acquittal, or that the charge was not | 4 | | filed within the applicable time period. The Department shall | 5 | | by rule prescribe procedures to ensure that the record and any | 6 | | specimens in the possession or control of the Department are | 7 | | destroyed and a letter is sent to the court verifying the | 8 | | expungement is completed.
| 9 | | (f-5) Any person who intentionally uses genetic marker | 10 | | grouping analysis
information, or any other information | 11 | | derived from a DNA specimen, beyond the
authorized uses as | 12 | | provided under this Section, or any other Illinois law, is
| 13 | | guilty of a Class 4 felony, and shall be subject to a fine of | 14 | | not less than
$5,000.
| 15 | | (f-6) The Illinois State Police may contract with third
| 16 | | parties for the purposes of implementing this amendatory Act | 17 | | of the 93rd
General Assembly, except as provided in subsection | 18 | | (n) of this Section. Any other party contracting to carry out | 19 | | the functions of
this Section shall be subject to the same | 20 | | restrictions and requirements of this
Section insofar as | 21 | | applicable, as the Illinois State Police, and
to any | 22 | | additional restrictions imposed by the Illinois State
Police.
| 23 | | (g) For the purposes of this Section, "qualifying offense" | 24 | | means any of
the following:
| 25 | | (1) any violation or inchoate violation of Section | 26 | | 11-1.50, 11-1.60, 11-6, 11-9.1, 11-11,
11-18.1, 12-15, or |
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| 1 | | 12-16 of the Criminal Code of 1961 or the Criminal Code of | 2 | | 2012;
| 3 | | (1.1) any violation or inchoate violation of Section | 4 | | 9-1, 9-2, 10-1,
10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, | 5 | | 18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal
Code of | 6 | | 1961 or the Criminal Code of 2012 for which persons are | 7 | | 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, 9-3.4, | 12 | | 11-9.3, 12-7.3, or 12-7.4 of
the Criminal Code of 1961 or | 13 | | the Criminal Code of 2012; or
| 14 | | (5) any violation or inchoate violation of Article 29D | 15 | | of the Criminal
Code of 1961 or the Criminal Code of 2012.
| 16 | | (g-5) (Blank).
| 17 | | (h) The Illinois State Police shall be the State central
| 18 | | repository for all genetic marker grouping analysis | 19 | | information obtained
pursuant to this Act. The Illinois State | 20 | | Police may
promulgate rules for the form and manner of the | 21 | | collection of blood, saliva,
or tissue specimens and other | 22 | | procedures for the operation of this Act. The
provisions of | 23 | | the Administrative Review Law shall apply to all actions taken
| 24 | | under the rules so promulgated.
| 25 | | (i)(1) A person required to provide a blood, saliva, or | 26 | | tissue specimen
shall
cooperate with the collection of the |
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| 1 | | specimen and any deliberate act by
that person intended to | 2 | | impede, delay or stop the collection of the blood,
saliva, or | 3 | | tissue specimen is a Class 4 felony.
| 4 | | (2) In the event that a person's DNA specimen is not | 5 | | adequate for any
reason, the person shall provide another DNA | 6 | | specimen for analysis. Duly
authorized law
enforcement and | 7 | | corrections personnel may employ reasonable force in cases in
| 8 | | which an individual refuses to provide a DNA specimen required | 9 | | under this
Act.
| 10 | | (j) (Blank).
| 11 | | (k) All analysis and categorization assessments provided | 12 | | under the Criminal and Traffic Assessments Act to the State | 13 | | Crime Laboratory Fund
shall be regulated as follows:
| 14 | | (1) (Blank).
| 15 | | (2) (Blank).
| 16 | | (3) Moneys deposited into the State Crime Laboratory | 17 | | Fund
shall be used by Illinois State Police crime | 18 | | laboratories as designated by the
Director of the Illinois | 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).
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| 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 | 12 | | any person or
agency to collect a specimen, shall in no way | 13 | | alter
the obligation of the person to submit such specimen, or | 14 | | the authority of the
Illinois State Police or persons | 15 | | designated by the Illinois State Police to
collect the | 16 | | specimen, or the authority of the Illinois State
Police to | 17 | | accept, analyze and maintain the specimen or to maintain or | 18 | | upload
results of genetic marker grouping analysis information | 19 | | into a State or
national database.
| 20 | | (m) If any provision of this amendatory Act of the 93rd | 21 | | General Assembly
is
held unconstitutional or otherwise | 22 | | invalid, the remainder of this amendatory
Act
of the 93rd | 23 | | General Assembly is not affected.
| 24 | | (n) Neither the Illinois State Police, the Division of | 25 | | Forensic Services, nor any laboratory of the Division of | 26 | | Forensic Services may contract out forensic testing for the |
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| 1 | | purpose of an active investigation or a matter pending before | 2 | | a court of competent jurisdiction without the written consent | 3 | | of the prosecuting agency. For the purposes of this subsection | 4 | | (n), "forensic testing" includes the analysis of physical | 5 | | evidence in an investigation or other proceeding for the | 6 | | prosecution of a violation of the Criminal Code of 1961 or the | 7 | | Criminal Code of 2012 or for matters adjudicated under the | 8 | | Juvenile Court Act of 1987, and includes the use of forensic | 9 | | databases and databanks, including DNA, firearm, and | 10 | | fingerprint databases, and expert testimony. | 11 | | (o) Mistake does not invalidate a database match. The | 12 | | detention, arrest, or conviction of a person based upon a | 13 | | database match or database information is not invalidated if | 14 | | it is determined that the specimen was obtained or placed in | 15 | | the database by mistake. | 16 | | (p) This Section may be referred to as the Illinois DNA | 17 | | Database Law of 2011. | 18 | | (Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)
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