Full Text of HB3238 97th General Assembly
HB3238enr 97TH 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 Persons convicted of, or found | 8 | | delinquent for, certain
offenses or institutionalized as | 9 | | sexually dangerous; specimens ;
genetic marker groups. | 10 | | (a) Any person convicted of, found guilty under the | 11 | | Juvenile Court Act of
1987 for, or who received a disposition | 12 | | of court supervision for, a qualifying
offense or attempt of a | 13 | | qualifying offense, convicted or found guilty of any
offense | 14 | | classified as a felony under Illinois law, convicted or found | 15 | | guilty of any offense requiring registration under the Sex | 16 | | Offender Registration Act, found guilty or given
supervision | 17 | | for any offense classified as a felony under the Juvenile Court | 18 | | Act
of 1987, convicted or found guilty of, under the Juvenile | 19 | | Court Act of 1987, any offense requiring registration under the | 20 | | Sex Offender Registration Act, or institutionalized as a | 21 | | sexually dangerous person under the Sexually
Dangerous Persons | 22 | | Act, or committed as a sexually violent person under the
| 23 | | Sexually Violent Persons Commitment Act shall, regardless of |
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| 1 | | the sentence or
disposition imposed, be required to submit | 2 | | specimens of blood, saliva, or
tissue to the Illinois | 3 | | Department of State Police in accordance with the
provisions of | 4 | | this Section, provided such person is:
| 5 | | (1) convicted of a qualifying offense or attempt of a | 6 | | qualifying offense
on or after July 1, 1990 and sentenced | 7 | | to a term of imprisonment, periodic imprisonment, fine,
| 8 | | probation, conditional discharge or any other form of | 9 | | sentence, or given a
disposition of court supervision for | 10 | | the offense;
| 11 | | (1.5) found guilty or given supervision under the | 12 | | Juvenile Court Act of
1987 for a qualifying offense or | 13 | | attempt of a qualifying offense on or after
January 1, | 14 | | 1997;
| 15 | | (2) ordered institutionalized as a sexually dangerous | 16 | | person on or after
July 1, 1990;
| 17 | | (3) convicted of a qualifying offense or attempt of a | 18 | | qualifying offense
before July 1, 1990
and is presently | 19 | | confined as a result of such conviction in any State
| 20 | | correctional facility or county jail or is presently | 21 | | serving a sentence of
probation, conditional discharge or | 22 | | periodic imprisonment as a result of such
conviction;
| 23 | | (3.5) convicted or found guilty of any offense | 24 | | classified as a felony
under Illinois law or found guilty | 25 | | or given supervision for such an offense
under the Juvenile | 26 | | Court Act of 1987 on or after August 22, 2002;
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| 1 | | (4) presently institutionalized as a sexually | 2 | | dangerous person or
presently institutionalized as a | 3 | | person found guilty but mentally ill of a
sexual offense or | 4 | | attempt to commit a sexual offense; or
| 5 | | (4.5) ordered committed as a sexually violent person on | 6 | | or after the
effective date of the Sexually Violent Persons | 7 | | Commitment Act . ; or
| 8 | | (5) seeking transfer to or residency in Illinois under | 9 | | Sections 3-3-11.05
through 3-3-11.5 of the Unified Code of | 10 | | Corrections and the Interstate Compact
for Adult Offender | 11 | | Supervision or the Interstate Agreements on Sexually
| 12 | | Dangerous Persons Act.
| 13 | | (a-1) Any Notwithstanding other provisions of this | 14 | | Section, any person incarcerated in
a facility of the Illinois | 15 | | Department of Corrections or the Illinois Department of | 16 | | Juvenile Justice on or after August 22,
2002, whether for a | 17 | | term of years, natural life, or a sentence of death, who has | 18 | | not yet submitted a specimen sample of blood, saliva, or tissue | 19 | | shall be required to submit a specimen of blood, saliva, or | 20 | | tissue
prior to his or her final discharge, or release on | 21 | | parole or mandatory
supervised release, as a
condition of his | 22 | | or her parole or mandatory supervised release, or within 6 | 23 | | months from August 13, 2009 (the effective date of Public Act | 24 | | 96-426), whichever is sooner. A person incarcerated on or after | 25 | | August 13, 2009 (the effective date of Public Act 96-426) shall | 26 | | be required to submit a specimen sample within 45 days of |
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| 1 | | incarceration, or prior to his or her final discharge, or | 2 | | release on parole or mandatory supervised release, as a | 3 | | condition of his or her parole or mandatory supervised release, | 4 | | whichever is sooner. These specimens shall be placed into the | 5 | | State or national DNA database, to be used in accordance with | 6 | | other provisions of this Section, by the Illinois State Police.
| 7 | | (a-2) Any Notwithstanding other provisions of this | 8 | | Section, any person sentenced to life imprisonment in a | 9 | | facility of the Illinois Department of Corrections after the | 10 | | effective date of this amendatory Act of the 94th General | 11 | | Assembly or sentenced to death after the effective date of this | 12 | | amendatory Act of the 94th General Assembly shall be required | 13 | | to provide a specimen of blood, saliva, or tissue within 45 | 14 | | days after sentencing or disposition at a collection site | 15 | | designated by the Illinois Department of State Police. Any | 16 | | person serving a sentence of life imprisonment in a facility of | 17 | | the Illinois Department of Corrections on the effective date of | 18 | | this amendatory Act of the 94th General Assembly or any person | 19 | | who is under a sentence of death on the effective date of this | 20 | | amendatory Act of the 94th General Assembly shall be required | 21 | | to provide a specimen of blood, saliva, or tissue upon request | 22 | | at a collection site designated by the Illinois Department of | 23 | | State Police.
| 24 | | (a-3) Any person seeking transfer to or residency in | 25 | | Illinois under Sections 3-3-11.05
through 3-3-11.5 of this | 26 | | Code, the Interstate Compact
for Adult Offender Supervision, or |
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| 1 | | the Interstate Agreements on Sexually
Dangerous Persons Act | 2 | | shall be required to provide a specimen of blood, saliva, or | 3 | | tissue within 45 days after transfer to or residency in | 4 | | Illinois at a collection site designated by the Illinois | 5 | | Department of State Police. | 6 | | (a-3.1) Any person required by an order of the court to | 7 | | submit a DNA specimen shall be required to provide a specimen | 8 | | of blood, saliva, or tissue within 45 days after the court | 9 | | order at a collection site designated by the Illinois | 10 | | Department of State Police. | 11 | | (a-3.2) On or after the effective date of this amendatory | 12 | | Act of the 97th General Assembly, any person arrested for any | 13 | | of the following offenses, after an indictment has been | 14 | | returned by a grand jury, or following a hearing pursuant to | 15 | | Section 109-3 of the Code of Criminal Procedure of 1963 and a | 16 | | judge finds there is probable cause to believe the arrestee has | 17 | | committed one of the designated offenses, or an arrestee has | 18 | | waived a preliminary hearing shall be required to provide a | 19 | | specimen of blood, saliva, or tissue within 14 days after such | 20 | | indictment or hearing at a collection site designated by the | 21 | | Illinois Department of State Police: | 22 | | (A) first degree murder; | 23 | | (B) home invasion; | 24 | | (C) predatory criminal sexual assault
of a child; | 25 | | (D) aggravated criminal sexual assault; or | 26 | | (E) criminal sexual assault. |
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| 1 | | (a-3.3) Any person required to register as a sex offender | 2 | | under the Sex Offender Registration Act, regardless of the date | 3 | | of conviction as set forth in subsection (c-5.2) shall be | 4 | | required to provide a specimen of blood, saliva, or tissue | 5 | | within the time period prescribed in subsection (c-5.2) at a | 6 | | collection site designated by the Illinois Department of State | 7 | | Police. | 8 | | (a-5) Any person who was otherwise convicted of or received | 9 | | a disposition
of court supervision for any other offense under | 10 | | the Criminal Code of 1961 or
who was found guilty or given | 11 | | supervision for such a violation under the
Juvenile Court Act | 12 | | of 1987, may, regardless of the sentence imposed, be
required | 13 | | by an order of the court to submit specimens of blood, saliva, | 14 | | or
tissue to the Illinois Department of State Police in | 15 | | accordance with the
provisions of this Section.
| 16 | | (b) Any person required by paragraphs (a)(1), (a)(1.5), | 17 | | (a)(2), (a)(3.5),
and (a-5) to provide specimens of blood, | 18 | | saliva, or tissue shall provide
specimens of blood, saliva, or | 19 | | tissue within 45 days after sentencing or
disposition at a | 20 | | collection site designated by the Illinois Department of
State | 21 | | Police.
| 22 | | (c) Any person required by paragraphs (a)(3), (a)(4), and | 23 | | (a)(4.5) to
provide specimens of blood, saliva, or tissue shall | 24 | | be required to provide
such specimens samples prior to final | 25 | | discharge or within 6 months from August 13, 2009 (the | 26 | | effective date of Public Act 96-426), whichever is sooner. |
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| 1 | | These specimens shall be placed into the State or national DNA | 2 | | database, to be used in accordance with other provisions of | 3 | | this Act, by the Illinois State Police.
| 4 | | (c-5) Any person required by paragraph (a-3) (a)(5) to | 5 | | provide specimens of
blood, saliva, or tissue shall, where | 6 | | feasible, be required to provide the
specimens before being | 7 | | accepted for conditioned residency in Illinois under
the | 8 | | interstate compact or agreement, but no later than 45 days | 9 | | after arrival
in this State.
| 10 | | (c-5.2) Unless it is determined that a registered sex | 11 | | offender has previously submitted a specimen of blood, saliva, | 12 | | or tissue that has been placed into the State DNA database, a | 13 | | person registering as a sex offender shall be required to | 14 | | submit a specimen at the time of his or her initial | 15 | | registration pursuant to the Sex Offender Registration Act or, | 16 | | for a person registered as a sex offender on or prior to the | 17 | | effective date of this amendatory Act of the 97th General | 18 | | Assembly, within one year of the effective date of this | 19 | | amendatory Act or at the time of his or her next required | 20 | | registration. | 21 | | (c-6) The Illinois Department of State Police may determine | 22 | | which type of
specimen or specimens, blood, saliva, or tissue, | 23 | | is acceptable for submission
to the Division of Forensic | 24 | | Services for analysis. The Illinois Department of State Police | 25 | | may require the submission of fingerprints from anyone required | 26 | | to give a specimen under this Act.
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| 1 | | (d) The Illinois Department of State Police shall provide | 2 | | all equipment
and instructions necessary for the collection of | 3 | | blood specimens samples .
The collection of specimens samples | 4 | | shall be performed in a medically approved
manner. Only a | 5 | | physician authorized to practice medicine, a registered
nurse | 6 | | or other qualified person trained in venipuncture may withdraw | 7 | | blood
for the purposes of this Act. The specimens samples
shall | 8 | | thereafter be forwarded to the Illinois Department of State | 9 | | Police,
Division of Forensic Services, for analysis and
| 10 | | categorizing into genetic marker groupings.
| 11 | | (d-1) The Illinois Department of State Police shall provide | 12 | | all equipment
and instructions necessary for the collection of | 13 | | saliva specimens samples . The
collection of saliva specimens | 14 | | samples shall be performed in a medically approved manner.
Only | 15 | | a person trained in the instructions promulgated by the | 16 | | Illinois State
Police on collecting saliva may collect saliva | 17 | | for the purposes of this
Section. The specimens samples shall | 18 | | thereafter be forwarded to the Illinois Department
of State | 19 | | Police, Division of Forensic Services, for analysis and | 20 | | categorizing
into genetic marker groupings.
| 21 | | (d-2) The Illinois Department of State Police shall provide | 22 | | all equipment
and instructions necessary for the collection of | 23 | | tissue specimens samples . The
collection of tissue specimens | 24 | | samples shall be performed in a medically approved
manner. Only | 25 | | a person trained in the instructions promulgated by the | 26 | | Illinois
State Police on collecting tissue may collect tissue |
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| 1 | | for the purposes of this
Section. The specimens samples shall | 2 | | thereafter be forwarded to the Illinois Department
of State | 3 | | Police, Division of Forensic Services, for analysis and | 4 | | categorizing
into genetic marker groupings.
| 5 | | (d-5) To the extent that funds are available, the Illinois | 6 | | Department of
State Police shall contract with qualified | 7 | | personnel and certified laboratories
for the collection, | 8 | | analysis, and categorization of known specimens samples , | 9 | | except as provided in subsection (n) of this Section.
| 10 | | (d-6) Agencies designated by the Illinois Department of | 11 | | State Police and
the Illinois Department of State Police may | 12 | | contract with third parties to
provide for the collection or | 13 | | analysis of DNA, or both, of an offender's blood,
saliva, and | 14 | | tissue specimens samples , except as provided in subsection (n) | 15 | | of this Section.
| 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 shall be confidential and shall | 21 | | be released only to peace
officers of the United States, of | 22 | | other states or territories, of the
insular possessions of the | 23 | | United States, of foreign countries duly
authorized to receive | 24 | | the same, to all peace officers of the State of
Illinois and to | 25 | | all prosecutorial agencies, and to defense counsel as
provided | 26 | | by Section 116-5 of the Code of Criminal Procedure of 1963.
The |
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| 1 | | genetic marker grouping analysis information obtained pursuant | 2 | | to
this Act shall be used only for (i) valid law enforcement | 3 | | identification
purposes and as required by the Federal Bureau | 4 | | of Investigation for
participation in the National DNA | 5 | | database, (ii) technology
validation
purposes, (iii) a | 6 | | population statistics database, (iv) quality
assurance
| 7 | | purposes if personally identifying information is removed,
(v) | 8 | | assisting in the defense of the criminally accused pursuant
to
| 9 | | Section 116-5 of the Code of Criminal Procedure of 1963, or | 10 | | (vi) identifying and assisting in the prosecution of a person | 11 | | who is suspected of committing a sexual assault as defined in | 12 | | Section 1a of the Sexual Assault Survivors Emergency Treatment | 13 | | Act. Notwithstanding
any other statutory provision to the | 14 | | contrary,
all information obtained under this Section shall be | 15 | | maintained in a single
State data base, which may be uploaded | 16 | | into a national database, and which
information may be subject | 17 | | to expungement only as set forth in subsection
(f-1).
| 18 | | (f-1) Upon receipt of notification of a reversal of a | 19 | | conviction based on
actual innocence, or of the granting of a | 20 | | pardon pursuant to Section 12 of
Article V of the Illinois | 21 | | Constitution, if that pardon document specifically
states that | 22 | | the reason for the pardon is the actual innocence of an | 23 | | individual
whose DNA record has been stored in the State or | 24 | | national DNA identification
index in accordance with this | 25 | | Section by the Illinois Department of State
Police, the DNA | 26 | | record shall be expunged from the DNA identification index, and
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| 1 | | the Department shall by rule prescribe procedures to ensure | 2 | | that the record and
any specimens samples , analyses, or other | 3 | | documents relating to such record, whether in
the possession of | 4 | | the Department or any law enforcement or police agency, or
any | 5 | | forensic DNA laboratory, including any duplicates or copies | 6 | | thereof, are
destroyed and a letter is sent to the court | 7 | | verifying the expungement is
completed. For specimens required | 8 | | to be collected prior to conviction, unless the individual has | 9 | | other charges or convictions that require submission of a | 10 | | specimen, the DNA record for an individual shall be expunged | 11 | | from the DNA identification databases and the specimen | 12 | | destroyed upon receipt of a certified copy of a final court | 13 | | order for each charge against an individual in which the charge | 14 | | has been dismissed, resulted in acquittal, or that the charge | 15 | | was not filed within the applicable time period. The Department | 16 | | shall by rule prescribe procedures to ensure that the record | 17 | | and any specimens in the possession or control of the | 18 | | Department are destroyed and a letter is sent to the court | 19 | | verifying the expungement is completed.
| 20 | | (f-5) Any person who intentionally uses genetic marker | 21 | | grouping analysis
information, or any other information | 22 | | derived from a DNA specimen sample , beyond the
authorized uses | 23 | | as provided under this Section, or any other Illinois law, is
| 24 | | guilty of a Class 4 felony, and shall be subject to a fine of | 25 | | not less than
$5,000.
| 26 | | (f-6) The Illinois Department of State Police may contract |
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| 1 | | with third
parties for the purposes of implementing this | 2 | | amendatory Act of the 93rd
General Assembly, except as provided | 3 | | in subsection (n) of this Section. Any other party contracting | 4 | | to carry out the functions of
this Section shall be subject to | 5 | | the same restrictions and requirements of this
Section insofar | 6 | | as applicable, as the Illinois Department of State Police, and
| 7 | | to any additional restrictions imposed by the Illinois | 8 | | Department of State
Police.
| 9 | | (g) For the purposes of this Section, "qualifying offense" | 10 | | means any of
the following:
| 11 | | (1) any violation or inchoate violation of Section | 12 | | 11-6, 11-9.1, 11-11,
11-18.1, 12-15, or 12-16 of the | 13 | | Criminal Code of 1961;
| 14 | | (1.1) any violation or inchoate violation of Section | 15 | | 9-1, 9-2, 10-1,
10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, | 16 | | 18-4, 19-1, or 19-2 of the Criminal
Code of 1961 for which | 17 | | persons are convicted on or after July 1, 2001;
| 18 | | (2) any former statute of this State which defined a | 19 | | felony sexual
offense;
| 20 | | (3) (blank);
| 21 | | (4) any inchoate violation of Section 9-3.1, 11-9.3, | 22 | | 12-7.3, or 12-7.4 of
the Criminal Code of 1961; or
| 23 | | (5) any violation or inchoate violation of Article 29D | 24 | | of the Criminal
Code of 1961.
| 25 | | (g-5) (Blank).
| 26 | | (h) The Illinois Department of State Police shall be the |
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| 1 | | State central
repository for all genetic marker grouping | 2 | | analysis information obtained
pursuant to this Act. The | 3 | | Illinois Department of State Police may
promulgate rules for | 4 | | the form and manner of the collection of blood, saliva,
or | 5 | | tissue specimens samples and other procedures for the operation | 6 | | of this Act. The
provisions of the Administrative Review Law | 7 | | shall apply to all actions taken
under the rules so | 8 | | promulgated.
| 9 | | (i) (1) A person required to provide a blood, saliva, or | 10 | | tissue specimen
shall
cooperate with the collection of the | 11 | | specimen and any deliberate act by
that person intended to | 12 | | impede, delay or stop the collection of the blood,
saliva, | 13 | | or tissue specimen is a Class 4 felony A misdemeanor .
| 14 | | (2) In the event that a person's DNA specimen sample is | 15 | | not adequate for any
reason, the person shall provide | 16 | | another DNA specimen sample for analysis. Duly
authorized | 17 | | law
enforcement and corrections personnel may employ | 18 | | reasonable force in cases in
which an individual refuses to | 19 | | provide a DNA specimen sample required under this
Act.
| 20 | | (j) Any person required by subsection (a) , or any person | 21 | | who was previously required by subsection (a-3.2), to submit | 22 | | specimens of blood,
saliva, or tissue to
the Illinois | 23 | | Department of State Police for analysis and categorization into
| 24 | | genetic marker grouping, in addition to any other disposition, | 25 | | penalty, or
fine imposed, shall pay an analysis fee of $250 | 26 | | $200 . If the analysis fee is not
paid at the time of |
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| 1 | | sentencing, the court shall establish a fee schedule by
which | 2 | | the entire amount of the analysis fee shall be paid in full, | 3 | | such
schedule not to exceed 24 months from the time of | 4 | | conviction. The inability to
pay this analysis fee shall not be | 5 | | the sole ground to incarcerate the person.
| 6 | | (k) All analysis and categorization fees provided for by | 7 | | subsection (j)
shall be regulated as follows:
| 8 | | (1) The State Offender DNA Identification System Fund | 9 | | is hereby created as
a special fund in the State Treasury.
| 10 | | (2) All fees shall be collected by the clerk of the | 11 | | court and forwarded to
the State Offender DNA | 12 | | Identification System Fund for deposit. The
clerk of the | 13 | | circuit court may retain the amount of $10 from each | 14 | | collected
analysis fee to offset administrative costs | 15 | | incurred in carrying out the
clerk's responsibilities | 16 | | under this Section.
| 17 | | (3) Fees deposited into the State Offender DNA | 18 | | Identification System Fund
shall be used by Illinois State | 19 | | Police crime laboratories as designated by the
Director of | 20 | | State Police. These funds shall be in addition to any | 21 | | allocations
made pursuant to existing laws and shall be | 22 | | designated for the exclusive use of
State crime | 23 | | laboratories. These uses may include, but are not limited | 24 | | to, the
following:
| 25 | | (A) Costs incurred in providing analysis and | 26 | | genetic marker
categorization as required by |
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| 1 | | subsection (d).
| 2 | | (B) Costs incurred in maintaining genetic marker | 3 | | groupings as required
by subsection (e).
| 4 | | (C) Costs incurred in the purchase and maintenance | 5 | | of equipment for use
in performing analyses.
| 6 | | (D) Costs incurred in continuing research and | 7 | | development of new
techniques for analysis and genetic | 8 | | marker categorization.
| 9 | | (E) Costs incurred in continuing education, | 10 | | training, and professional
development of forensic | 11 | | scientists regularly employed by these laboratories.
| 12 | | (l) The failure of a person to provide a specimen, or of | 13 | | any person or
agency to collect a specimen, within the 45 day | 14 | | period shall in no way alter
the obligation of the person to | 15 | | submit such specimen, or the authority of the
Illinois | 16 | | Department of State Police or persons designated by the | 17 | | Department to
collect the specimen, or the authority of the | 18 | | Illinois Department of State
Police to accept, analyze and | 19 | | maintain the specimen or to maintain or upload
results of | 20 | | genetic marker grouping analysis information into a State or
| 21 | | national database.
| 22 | | (m) If any provision of this amendatory Act of the 93rd | 23 | | General Assembly
is
held unconstitutional or otherwise | 24 | | invalid, the remainder of this amendatory
Act
of the 93rd | 25 | | General Assembly is not affected.
| 26 | | (n) Neither the Department of State Police, the Division of |
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| 1 | | Forensic Services, nor any laboratory of the Division of | 2 | | Forensic Services may contract out forensic testing for the | 3 | | purpose of an active investigation or a matter pending before a | 4 | | court of competent jurisdiction without the written consent of | 5 | | the prosecuting agency. For the purposes of this subsection | 6 | | (n), "forensic testing" includes the analysis of physical | 7 | | evidence in an investigation or other proceeding for the | 8 | | prosecution of a violation of the Criminal Code of 1961 or for | 9 | | matters adjudicated under the Juvenile Court Act of 1987, and | 10 | | includes the use of forensic databases and databanks, including | 11 | | DNA, firearm, and fingerprint databases, and expert testimony. | 12 | | (o) Mistake does not invalidate a database match. The | 13 | | detention, arrest, or conviction of a person based upon a | 14 | | database match or database information is not invalidated if it | 15 | | is determined that the specimen was obtained or placed in the | 16 | | database by mistake. | 17 | | (p) This Section may be referred to as the Illinois DNA | 18 | | Database Law of 2011. | 19 | | (Source: P.A. 96-426, eff. 8-13-09; 96-642, eff. 8-24-09; | 20 | | 96-1000, eff. 7-2-10.)
| 21 | | Section 10. The Sex Offender Registration Act is amended by | 22 | | changing Section 8 as follows:
| 23 | | (730 ILCS 150/8) (from Ch. 38, par. 228)
| 24 | | Sec. 8. Registration and DNA submission requirements |
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| 1 | | Requirements . | 2 | | (a) Registration. Registration as required by this
Article | 3 | | shall consist of a statement in writing signed by the person | 4 | | giving the
information that is required by the Department of | 5 | | State Police, which may
include the fingerprints and must | 6 | | include a current photograph of the person, to be updated | 7 | | annually. If the sex offender is a child sex offender as | 8 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 9 | | 1961, he or she shall sign a statement that he or she | 10 | | understands that according to Illinois law as a child sex | 11 | | offender he or she may not reside within 500 feet of a school, | 12 | | park, or playground. The offender may also not reside within | 13 | | 500 feet of a facility providing services directed exclusively | 14 | | toward persons under 18 years of age unless the sex offender | 15 | | meets specified exemptions. The
registration
information must | 16 | | include whether the person is a sex offender as
defined
in the | 17 | | Sex Offender Community Notification
Law. Within 3
days, the
| 18 | | registering law enforcement agency shall forward any
required | 19 | | information to the Department of State Police. The registering
| 20 | | law enforcement agency shall
enter the information into the Law | 21 | | Enforcement Agencies Data System (LEADS) as
provided in | 22 | | Sections 6 and 7 of the Intergovernmental Missing Child | 23 | | Recovery
Act of 1984.
| 24 | | (b) DNA submission. Every person registering as a sex | 25 | | offender _pursuant to this Act, regardless of the date of | 26 | | conviction or the date of initial registration who is required |
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| 1 | | to submit specimens of blood, saliva, or tissue for DNA | 2 | | analysis as required by subsection (a) of Section 5-4-3 of the | 3 | | Unified Code of Corrections shall submit the specimens as | 4 | | required by that Section. Registered sex offenders who have | 5 | | previously submitted a DNA specimen which has been uploaded to | 6 | | the Illinois DNA database shall not be required to submit an | 7 | | additional specimen pursuant to this Section. | 8 | | (Source: P.A. 93-979, eff. 8-20-04; 94-166, eff. 1-1-06; | 9 | | 94-945, eff. 6-27-06.)
| 10 | | Section 97. Severability. The provisions of this Act are | 11 | | severable under Section 1.31 of the Statute on Statutes.
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