State of Illinois
92^nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]

92_SB2024eng

 
SB2024 Engrossed                               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,  certain  qualifying  offenses  or  institutionalized as
 9    sexually dangerous; blood 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
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 Engrossed            -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, or
18             (4)  presently  institutionalized  as   a   sexually
19        dangerous  person  or  presently  institutionalized  as a
20        person found guilty but mentally ill of a sexual  offense
21        or attempt to commit a sexual offense; or
22             (4.5)  ordered   committed  as  a  sexually  violent
23        person on or after the effective  date  of  the  Sexually
24        Violent Persons Commitment Act; or
25             (5)  seeking  transfer  to  or residency in Illinois
26        under Sections 3-3-11 through  3-3-11.5  of  the  Unified
27        Code   of   Corrections   (Interstate   Compact  for  the
28        Supervision  of  Parolees  and   Probationers)   or   the
29        Interstate Agreements on Sexually Dangerous Persons Act.
30        Notwithstanding  other  provisions  of  this Section, any
31    person incarcerated in a facility of the Illinois  Department
32    of  Corrections  on  or  after  the  effective  date  of this
33    amendatory Act of the 92nd General Assembly shall be required
34    to submit a specimen of blood, saliva, or tissue prior to his
 
SB2024 Engrossed            -3-                LRB9215588RCcd
 1    or her release on parole or mandatory supervised release,  as
 2    a  condition  of  his  or  her parole or mandatory supervised
 3    release.
 4        (a-5)  Any person  who  was  otherwise  convicted  of  or
 5    received  a  disposition  of  court supervision for any other
 6    offense under the  Criminal  Code  of  1961  or  any  offense
 7    classified  as  a  felony under Illinois law or who was found
 8    guilty or given supervision for such a  violation  under  the
 9    Juvenile  Court  Act of 1987, may, regardless of the sentence
10    imposed, be required by an  order  of  the  court  to  submit
11    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
12    Department  of State Police in accordance with the provisions
13    of this Section.
14        (b)  Any person required by paragraphs (a)(1),  (a)(1.5),
15    (a)(2),  (a)(3.5),  and  (a-5) to provide specimens of blood,
16    saliva, or tissue shall provide specimens of  blood,  saliva,
17    or tissue within 45 days after sentencing or disposition at a
18    collection  site  designated  by  the  Illinois Department of
19    State Police.
20        (c)  Any person required by  paragraphs  (a)(3),  (a)(4),
21    and (a)(4.5) to provide specimens of blood, saliva, or tissue
22    shall  be  required  to  provide  such samples prior to final
23    discharge, parole, or release at a collection site designated
24    by the Illinois Department of State Police.
25        (c-5)  Any person required by paragraph (a)(5) to provide
26    specimens of blood, saliva, or tissue shall, where  feasible,
27    be  required  to  provide the specimens before being accepted
28    for conditioned residency in Illinois  under  the  interstate
29    compact or agreement, but no later than 45 days after arrival
30    in this State.
31        (c-6)  The   Illinois  Department  of  State  Police  may
32    determine which type of specimen or specimens, blood, saliva,
33    or tissue, is acceptable for submission to  the  Division  of
34    Forensic Services for analysis.
 
SB2024 Engrossed            -4-                LRB9215588RCcd
 1        (d)  The   Illinois  Department  of  State  Police  shall
 2    provide all equipment  and  instructions  necessary  for  the
 3    collection of blood samples.  The collection of samples shall
 4    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
 7    withdraw  blood  for  the  purposes of this Act.  The samples
 8    shall thereafter be forwarded to the Illinois  Department  of
 9    State Police, Division of Forensic Services, for analysis and
10    categorizing into genetic marker groupings.
11        (d-1)  The  Illinois  Department  of  State  Police shall
12    provide all equipment  and  instructions  necessary  for  the
13    collection  of  saliva  samples.   The  collection  of saliva
14    samples shall be performed in a  medically  approved  manner.
15    Only  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  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
22    provide  all  equipment  and  instructions  necessary for the
23    collection of  tissue  samples.   The  collection  of  tissue
24    samples  shall  be  performed in a medically approved manner.
25    Only a person trained in the instructions promulgated by  the
26    Illinois State Police on collecting tissue may collect tissue
27    for   the  purposes  of  this  Section.   The  samples  shall
28    thereafter be forwarded to the Illinois Department  of  State
29    Police,  Division  of  Forensic  Services,  for  analysis and
30    categorizing into genetic marker groupings.
31        (e)  The genetic marker groupings shall be maintained  by
32    the Illinois Department of State Police, Division of Forensic
33    Services.
34        (f)  The  genetic  marker  grouping  analysis information
 
SB2024 Engrossed            -5-                LRB9215588RCcd
 1    obtained pursuant to this Act shall be confidential and shall
 2    be released only to peace officers of the United  States,  of
 3    other  states  or  territories, of the insular possessions of
 4    the United States, of foreign countries  duly  authorized  to
 5    receive  the  same,  to  all  peace  officers of the State of
 6    Illinois and to all  prosecutorial  agencies.    The  genetic
 7    marker  grouping  analysis  information  obtained pursuant to
 8    this Act shall be used only for the investigation  of  crime.
 9    Notwithstanding   any   other   statutory  provision  to  the
10    contrary, all information obtained under this  Section  shall
11    be  maintained  in  a  single  State  data base, which may be
12    uploaded into a national database, and may not be subject  to
13    expungement.
14        (g)  For   the  purposes  of  this  Section,  "qualifying
15    offense" means any of the following:
16             (1)  Any violation or inchoate violation of  Section
17        11-6,   11-9.1,  11-11,  11-15.1,  11-17.1,  11-18.1,  or
18        11-19.1, 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1,  12-15,
19        12-16, or 12-33 of the Criminal Code of 1961, or
20             (1.1)  Any   violation   or  inchoate  violation  of
21        Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
22        18-3, 18-4, 19-1, or 19-2 of the Criminal  Code  of  1961
23        for which persons are convicted on or after July 1, 2001,
24        or
25             (2)  Any  former statute of this State which defined
26        a felony sexual offense, or
27             (3)  (Blank), or Any violation of paragraph (10)  of
28        subsection  (b)  of  Section 10-5 of the Criminal Code of
29        1961 when the sentencing court,  upon  a  motion  by  the
30        State's  Attorney  or  Attorney  General, makes a finding
31        that the child luring involved an intent to commit sexual
32        penetration or sexual conduct as defined in Section 12-12
33        of the Criminal Code of 1961, or
34             (4)  Any violation or inchoate violation of  Section
 
SB2024 Engrossed            -6-                LRB9215588RCcd
 1        9-3.1, 11-9.3, 12-3.3, 12-4.2, 12-4.3, 12-7.3, or 12-7.4,
 2        18-5,  19-3,  20-1.1,  or  20.5-5 of the Criminal Code of
 3        1961.
 4        (g-5)  (Blank).  The Department of State  Police  is  not
 5    required  to  provide  equipment  to  collect or to accept or
 6    process blood specimens from  individuals  convicted  of  any
 7    offense  listed  in paragraph (1.1) or (4) of subsection (g),
 8    until acquisition of the resources necessary to process  such
 9    blood  specimens,  or  in  the  case  of  paragraph  (1.1) of
10    subsection (g) until July 1, 2003, whichever is earlier.
11        Upon acquisition of  necessary  resources,  including  an
12    appropriation for the purpose of implementing this amendatory
13    Act  of  the  91st  General  Assembly,  but  in  the  case of
14    paragraph (1.1) of subsection (g) no later than July 1, 2003,
15    the Department of State Police shall notify the Department of
16    Corrections,  the  Administrative  Office  of  the   Illinois
17    Courts,  and  any  other  entity  deemed  appropriate  by the
18    Department  of  State  Police,  to   begin   blood   specimen
19    collection  from individuals convicted of offenses enumerated
20    in paragraphs (1.1)  and  (4)  of  subsection  (g)  that  the
21    Department  is  prepared  to provide collection equipment and
22    receive  and  process  blood   specimens   from   individuals
23    convicted  of  offenses  enumerated  in  paragraph  (1.1)  of
24    subsection (g).
25        Until   the   Department   of   State   Police   provides
26    notification, designated collection agencies are not required
27    to  collect  blood  specimen  from  individuals  convicted of
28    offenses enumerated in paragraphs (1.1) and (4) of subsection
29    (g).".
30        (h)  The Illinois Department of State Police shall be the
31    State central repository  for  all  genetic  marker  grouping
32    analysis  information  obtained  pursuant  to  this Act.  The
33    Illinois Department of State Police may promulgate rules  for
34    the  form  and  manner of the collection of blood, saliva, or
 
SB2024 Engrossed            -7-                LRB9215588RCcd
 1    tissue samples and other procedures for the operation of this
 2    Act.  The provisions of the Administrative Review  Law  shall
 3    apply to all actions taken under the rules so promulgated.
 4        (i)  A  person  required  to  provide a blood, saliva, or
 5    tissue specimen shall cooperate with the  collection  of  the
 6    specimen  and  any  deliberate act by that person intended to
 7    impede, delay or stop the collection of the blood, saliva, or
 8    tissue specimen is a Class A misdemeanor.
 9        (j)  Any person required  by  subsection  (a)  to  submit
10    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
11    Department  of  State  Police for analysis and categorization
12    into genetic  marker  grouping,  in  addition  to  any  other
13    disposition,  penalty, or fine imposed, shall pay an analysis
14    fee of $500.  Upon verified petition of the person, the court
15    may suspend payment of all or part of the  fee  if  it  finds
16    that the person does not have the ability to pay the fee.
17        (k)  All analysis and categorization fees provided for by
18    subsection (j) shall be regulated as follows:
19             (1)  The  State  Offender  DNA Identification System
20        Fund is hereby created as a special  fund  in  the  State
21        Treasury.
22             (2)  All fees shall be collected by the clerk of the
23        court   and   forwarded   to   the   State  Offender  DNA
24        Identification System Fund for deposit.  The clerk of the
25        circuit court may retain the  amount  of  $10  from  each
26        collected  analysis  fee  to  offset administrative costs
27        incurred in carrying  out  the  clerk's  responsibilities
28        under this Section.
29             (3)  Fees  deposited  into  the  State  Offender DNA
30        Identification System Fund  shall  be  used  by  Illinois
31        State  Police  crime  laboratories  as  designated by the
32        Director of  State  Police.   These  funds  shall  be  in
33        addition  to  any  allocations  made pursuant to existing
34        laws and shall be designated for  the  exclusive  use  of
 
SB2024 Engrossed            -8-                LRB9215588RCcd
 1        State  crime  laboratories.   These uses may include, but
 2        are not limited to, the following:
 3                  (A)  Costs incurred in providing  analysis  and
 4             genetic   marker   categorization   as  required  by
 5             subsection (d).
 6                  (B)  Costs  incurred  in  maintaining   genetic
 7             marker groupings as required by subsection (e).
 8                  (C)  Costs   incurred   in   the  purchase  and
 9             maintenance  of  equipment  for  use  in  performing
10             analyses.
11                  (D)  Costs incurred in continuing research  and
12             development  of  new  techniques  for  analysis  and
13             genetic marker categorization.
14                  (E)  Costs  incurred  in  continuing education,
15             training, and professional development  of  forensic
16             scientists regularly employed by these laboratories.
17        (l)  The failure of a person to provide a specimen, or of
18    any person or agency to collect a specimen, within the 45 day
19    period  shall in no way alter the obligation of the person to
20    submit such  specimen,  or  the  authority  of  the  Illinois
21    Department  of  State  Police  or  persons  designated by the
22    Department to collect the specimen, or the authority  of  the
23    Illinois  Department  of  State Police to accept, analyze and
24    maintain the specimen or to maintain  or  upload  results  of
25    genetic  marker grouping analysis information into a State or
26    national database.
27    (Source: P.A.  91-528,  eff.  1-1-00;  92-16,  eff.  6-28-01;
28    92-40, eff. 6-29-01.)

29        Section 99.  Effective date.  This Act takes effect  upon
30    becoming law.

[ Top ]