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92_SB2024enr SB2024 Enrolled LRB9215588RCcd 1 AN ACT in relation to 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 5 by 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. Persons convicted of, or found delinquent 8 for, certainqualifyingoffenses or institutionalized as 9 sexually dangerous;bloodspecimens; 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 13 a qualifying offense, convicted or found guilty of any 14 offense classified as a felony under Illinois law, found 15 guilty or given supervision for any offense classified as a 16 felony under the Juvenile Court Act of 1987, or 17 institutionalized as a sexually dangerous person under the 18 Sexually Dangerous Persons Act, or committed as a sexually 19 violent person under the Sexually Violent Persons Commitment 20 Act shall, regardless of the sentence or disposition imposed, 21 be required to submit specimens of blood, saliva, or tissue 22 to the Illinois Department of State Police in accordance with 23 the provisions of this Section, provided such person is: 24 (1) convicted of a qualifying offense or attempt of 25 a qualifying offense on or after the effective date of 26 this amendatory Act of 1989, and sentenced to a term of 27 imprisonment, periodic imprisonment, fine, probation, 28 conditional discharge or any other form of sentence, or 29 given a disposition of court supervision for the offense, 30 or 31 (1.5) found guilty or given supervision under the SB2024 Enrolled -2- LRB9215588RCcd 1 Juvenile Court Act of 1987 for a qualifying offense or 2 attempt of a qualifying offense on or after the effective 3 date of this amendatory Act of 1996, or 4 (2) ordered institutionalized as a sexually 5 dangerous person on or after the effective date of this 6 amendatory Act of 1989, or 7 (3) convicted of a qualifying offense or attempt of 8 a qualifying offense before the effective date of this 9 amendatory Act of 1989 and is presently confined as a 10 result of such conviction in any State correctional 11 facility or county jail or is presently serving a 12 sentence of probation, conditional discharge or periodic 13 imprisonment as a result of such conviction, or 14 (3.5) convicted or found guilty of any offense 15 classified as a felony under Illinois law or found guilty 16 or given supervision for such an offense under the 17 Juvenile Court Act of 1987 on or after the effective date 18 of this amendatory Act of the 92nd General Assembly, or 19 (4) presently institutionalized as a sexually 20 dangerous person or presently institutionalized as a 21 person found guilty but mentally ill of a sexual offense 22 or attempt to commit a sexual offense; or 23 (4.5) ordered committed as a sexually violent 24 person on or after the effective date of the Sexually 25 Violent Persons Commitment Act; or 26 (5) seeking transfer to or residency in Illinois 27 under Sections 3-3-11 through 3-3-11.5 of the Unified 28 Code of Corrections (Interstate Compact for the 29 Supervision of Parolees and Probationers) or the 30 Interstate Agreements on Sexually Dangerous Persons Act. 31 Notwithstanding other provisions of this Section, any 32 person incarcerated in a facility of the Illinois Department 33 of Corrections on or after the effective date of this 34 amendatory Act of the 92nd General Assembly shall be required SB2024 Enrolled -3- LRB9215588RCcd 1 to submit a specimen of blood, saliva, or tissue prior to his 2 or her release on parole or mandatory supervised release, as 3 a condition of his or her parole or mandatory supervised 4 release. 5 (a-5) Any person who was otherwise convicted of or 6 received a disposition of court supervision for any other 7 offense under the Criminal Code of 1961or any offense8classified as a felony under Illinois lawor who was found 9 guilty or given supervision for such a violation under the 10 Juvenile Court Act of 1987, may, regardless of the sentence 11 imposed, be required by an order of the court to submit 12 specimens of blood, saliva, or tissue to the Illinois 13 Department of State Police in accordance with the provisions 14 of this Section. 15 (b) Any person required by paragraphs (a)(1), (a)(1.5), 16 (a)(2), (a)(3.5), and (a-5) to provide specimens of blood, 17 saliva, or tissue shall provide specimens of blood, saliva, 18 or tissue within 45 days after sentencing or disposition at a 19 collection site designated by the Illinois Department of 20 State Police. 21 (c) Any person required by paragraphs (a)(3), (a)(4), 22 and (a)(4.5) to provide specimens of blood, saliva, or tissue 23 shall be required to provide such samples prior to final 24 discharge, parole, or release at a collection site designated 25 by the Illinois Department of State Police. 26 (c-5) Any person required by paragraph (a)(5) to provide 27 specimens of blood, saliva, or tissue shall, where feasible, 28 be required to provide the specimens before being accepted 29 for conditioned residency in Illinois under the interstate 30 compact or agreement, but no later than 45 days after arrival 31 in this State. 32 (c-6) The Illinois Department of State Police may 33 determine which type of specimen or specimens, blood, saliva, 34 or tissue, is acceptable for submission to the Division of SB2024 Enrolled -4- LRB9215588RCcd 1 Forensic Services for analysis. 2 (d) The Illinois Department of State Police shall 3 provide all equipment and instructions necessary for the 4 collection of blood samples. The collection of samples shall 5 be performed in a medically approved manner. Only a 6 physician authorized to practice medicine, a registered nurse 7 or other qualified person trained in venipuncture may 8 withdraw blood for the purposes of this Act. The samples 9 shall thereafter be forwarded to the Illinois Department of 10 State Police, Division of Forensic Services, for analysis and 11 categorizing into genetic marker groupings. 12 (d-1) The Illinois Department of State Police shall 13 provide all equipment and instructions necessary for the 14 collection of saliva samples. The collection of saliva 15 samples shall be performed in a medically approved manner. 16 Only a person trained in the instructions promulgated by the 17 Illinois State Police on collecting saliva may collect saliva 18 for the purposes of this Section. The samples shall 19 thereafter be forwarded to the Illinois Department of State 20 Police, Division of Forensic Services, for analysis and 21 categorizing into genetic marker groupings. 22 (d-2) The Illinois Department of State Police shall 23 provide all equipment and instructions necessary for the 24 collection of tissue samples. The collection of tissue 25 samples shall be performed in a medically approved manner. 26 Only a person trained in the instructions promulgated by the 27 Illinois State Police on collecting tissue may collect tissue 28 for the purposes of this Section. The samples shall 29 thereafter be forwarded to the Illinois Department of State 30 Police, Division of Forensic Services, for analysis and 31 categorizing into genetic marker groupings. 32 (e) The genetic marker groupings shall be maintained by 33 the Illinois Department of State Police, Division of Forensic 34 Services. SB2024 Enrolled -5- LRB9215588RCcd 1 (f) The genetic marker grouping analysis information 2 obtained pursuant to this Act shall be confidential and shall 3 be released only to peace officers of the United States, of 4 other states or territories, of the insular possessions of 5 the United States, of foreign countries duly authorized to 6 receive the same, to all peace officers of the State of 7 Illinois and to all prosecutorial agencies. The genetic 8 marker grouping analysis information obtained pursuant to 9 this Act shall be used only for (i) valid law enforcement 10 identification purposes and as required by the Federal Bureau 11 of Investigation for participation in the National DNA 12 database or (ii) technology validation purposes. 13 Notwithstanding any other statutory provision to the 14 contrary, all information obtained under this Section shall 15 be maintained in a single State data base, which may be 16 uploaded into a national database, and which information may 17notbe subject to expungement only as set forth in subsection 18 (f-1). 19 (f-1) Upon receipt of notification of a reversal of a 20 conviction based on actual innocence, or of the granting of a 21 pardon pursuant to Section 12 of Article V of the Illinois 22 Constitution, if that pardon document specifically states 23 that the reason for the pardon is the actual innocence of an 24 individual whose DNA record has been stored in the State or 25 national DNA identification index in accordance with this 26 Section by the Illinois Department of State Police, the DNA 27 record shall be expunged from the DNA identification index, 28 and the Department shall by rule prescribe procedures to 29 ensure that the record and any samples, analyses, or other 30 documents relating to such record, whether in the possession 31 of the Department or any law enforcement or police agency, or 32 any forensic DNA laboratory, including any duplicates or 33 copies thereof, are destroyed and a letter is sent to the 34 court verifying the expungement is completed. SB2024 Enrolled -6- LRB9215588RCcd 1 (f-5) Any person who intentionally uses genetic marker 2 grouping analysis information, or any other information 3 derived from a DNA sample, beyond the authorized uses as 4 provided under this Section, or any other Illinois law, is 5 guilty of a Class 4 felony, and shall be subject to a fine of 6 not less than $5,000. 7 (g) For the purposes of this Section, "qualifying 8 offense" means any of the following: 9 (1) Any violation or inchoate violation of Section 10 11-6, 11-9.1, 11-11,11-15.1, 11-17.1,11-18.1,11-19.1,1111-19.2, 11-20.1, 12-13, 12-14, 12-14.1,12-15, or 12-16,12or 12-33of the Criminal Code of 1961, or 13 (1.1) Any violation or inchoate violation of 14 Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 15 18-3, 18-4, 19-1, or 19-2 of the Criminal Code of 1961 16 for which persons are convicted on or after July 1, 2001, 17 or 18 (2) Any former statute of this State which defined 19 a felony sexual offense, or 20 (3) (Blank), orAny violation of paragraph (10) of21subsection (b) of Section 10-5 of the Criminal Code of221961 when the sentencing court, upon a motion by the23State's Attorney or Attorney General, makes a finding24that the child luring involved an intent to commit sexual25penetration or sexual conduct as defined in Section 12-1226of the Criminal Code of 1961, or27 (4) Anyviolation orinchoate violation of Section 28 9-3.1, 11-9.3,12-3.3, 12-4.2, 12-4.3,12-7.3, or 12-7.4,2918-5, 19-3, 20-1.1, or 20.5-5of the Criminal Code of 30 1961. 31 (g-5) (Blank).The Department of State Police is not32required to provide equipment to collect or to accept or33process blood specimens from individuals convicted of any34offense listed in paragraph (1.1) or (4) of subsection (g),SB2024 Enrolled -7- LRB9215588RCcd 1until acquisition of the resources necessary to process such2blood specimens, or in the case of paragraph (1.1) of3subsection (g) until July 1, 2003, whichever is earlier.4Upon acquisition of necessary resources, including an5appropriation for the purpose of implementing this amendatory6Act of the 91st General Assembly, but in the case of7paragraph (1.1) of subsection (g) no later than July 1, 2003,8the Department of State Police shall notify the Department of9Corrections, the Administrative Office of the Illinois10Courts, and any other entity deemed appropriate by the11Department of State Police, to begin blood specimen12collection from individuals convicted of offenses enumerated13in paragraphs (1.1) and (4) of subsection (g) that the14Department is prepared to provide collection equipment and15receive and process blood specimens from individuals16convicted of offenses enumerated in paragraph (1.1) of17subsection (g).18Until the Department of State Police provides19notification, designated collection agencies are not required20to collect blood specimen from individuals convicted of21offenses enumerated in paragraphs (1.1) and (4) of subsection22(g).23 (h) The Illinois Department of State Police shall be the 24 State central repository for all genetic marker grouping 25 analysis information obtained pursuant to this Act. The 26 Illinois Department of State Police may promulgate rules for 27 the form and manner of the collection of blood, saliva, or 28 tissue samples and other procedures for the operation of this 29 Act. The provisions of the Administrative Review Law shall 30 apply to all actions taken under the rules so promulgated. 31 (i) A person required to provide a blood, saliva, or 32 tissue specimen shall cooperate with the collection of the 33 specimen and any deliberate act by that person intended to 34 impede, delay or stop the collection of the blood, saliva, or SB2024 Enrolled -8- LRB9215588RCcd 1 tissue specimen is a Class A misdemeanor. 2 (j) Any person required by subsection (a) to submit 3 specimens of blood, saliva, or tissue to the Illinois 4 Department of State Police for analysis and categorization 5 into genetic marker grouping, in addition to any other 6 disposition, penalty, or fine imposed, shall pay an analysis 7 fee of $200$500. If the analysis fee is not paid at the 8 time of sentencing, the court shall establish a fee schedule 9 by which the entire amount of the analysis fee shall be paid 10 in full, such schedule not to exceed 24 months from the time 11 of conviction. The inability to pay this analysis fee shall 12 not be the sole ground to incarcerate the person.Upon13verified petition of the person, the court may suspend14payment of all or part of the fee if it finds that the person15does not have the ability to pay the fee.16 (k) All analysis and categorization fees provided for by 17 subsection (j) shall be regulated as follows: 18 (1) The State Offender DNA Identification System 19 Fund is hereby created as a special fund in the State 20 Treasury. 21 (2) All fees shall be collected by the clerk of the 22 court and forwarded to the State Offender DNA 23 Identification System Fund for deposit. The clerk of the 24 circuit court may retain the amount of $10 from each 25 collected analysis fee to offset administrative costs 26 incurred in carrying out the clerk's responsibilities 27 under this Section. 28 (3) Fees deposited into the State Offender DNA 29 Identification System Fund shall be used by Illinois 30 State Police crime laboratories as designated by the 31 Director of State Police. These funds shall be in 32 addition to any allocations made pursuant to existing 33 laws and shall be designated for the exclusive use of 34 State crime laboratories. These uses may include, but SB2024 Enrolled -9- LRB9215588RCcd 1 are not limited to, the following: 2 (A) Costs incurred in providing analysis and 3 genetic marker categorization as required by 4 subsection (d). 5 (B) Costs incurred in maintaining genetic 6 marker groupings as required by subsection (e). 7 (C) Costs incurred in the purchase and 8 maintenance of equipment for use in performing 9 analyses. 10 (D) Costs incurred in continuing research and 11 development of new techniques for analysis and 12 genetic marker categorization. 13 (E) Costs incurred in continuing education, 14 training, and professional development of forensic 15 scientists regularly employed by these laboratories. 16 (l) The failure of a person to provide a specimen, or of 17 any person or agency to collect a specimen, within the 45 day 18 period shall in no way alter the obligation of the person to 19 submit such specimen, or the authority of the Illinois 20 Department of State Police or persons designated by the 21 Department to collect the specimen, or the authority of the 22 Illinois Department of State Police to accept, analyze and 23 maintain the specimen or to maintain or upload results of 24 genetic marker grouping analysis information into a State or 25 national database. 26 (Source: P.A. 91-528, eff. 1-1-00; 92-16, eff. 6-28-01; 27 92-40, eff. 6-29-01.) 28 Section 99. Effective date. This Act takes effect upon 29 becoming law.