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92_SB2024ham001
LRB9215588RCcdam07
1 AMENDMENT TO SENATE BILL 2024
2 AMENDMENT NO. . Amend Senate Bill 2024 as follows:
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Unified Code of Corrections is amended
6 by changing Section 5-4-3 as follows:
7 (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
8 Sec. 5-4-3. Persons convicted of, or found delinquent
9 for, certain qualifying offenses or institutionalized as
10 sexually dangerous; blood specimens; genetic marker groups.
11 (a) Any person convicted of, found guilty under the
12 Juvenile Court Act of 1987 for, or who received a disposition
13 of court supervision for, a qualifying offense or attempt of
14 a qualifying offense, convicted or found guilty of any
15 offense classified as a felony under Illinois law, found
16 guilty or given supervision for any offense classified as a
17 felony under the Juvenile Court Act of 1987, or
18 institutionalized as a sexually dangerous person under the
19 Sexually Dangerous Persons Act, or committed as a sexually
20 violent person under the Sexually Violent Persons Commitment
21 Act shall, regardless of the sentence or disposition imposed,
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1 be required to submit specimens of blood, saliva, or tissue
2 to the Illinois Department of State Police in accordance with
3 the provisions of this Section, provided such person is:
4 (1) convicted of a qualifying offense or attempt of
5 a qualifying offense on or after the effective date of
6 this amendatory Act of 1989, and sentenced to a term of
7 imprisonment, periodic imprisonment, fine, probation,
8 conditional discharge or any other form of sentence, or
9 given a disposition of court supervision for the offense,
10 or
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 the effective
14 date of this amendatory Act of 1996, or
15 (2) ordered institutionalized as a sexually
16 dangerous person on or after the effective date of this
17 amendatory Act of 1989, or
18 (3) convicted of a qualifying offense or attempt of
19 a qualifying offense before the effective date of this
20 amendatory Act of 1989 and is presently confined as a
21 result of such conviction in any State correctional
22 facility or county jail or is presently serving a
23 sentence of probation, conditional discharge or periodic
24 imprisonment as a result of such conviction, or
25 (3.5) convicted or found guilty of any offense
26 classified as a felony under Illinois law or found guilty
27 or given supervision for such an offense under the
28 Juvenile Court Act of 1987, or
29 (4) presently institutionalized as a sexually
30 dangerous person or presently institutionalized as a
31 person found guilty but mentally ill of a sexual offense
32 or attempt to commit a sexual offense; or
33 (4.5) ordered committed as a sexually violent
34 person on or after the effective date of the Sexually
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1 Violent Persons Commitment Act; or
2 (5) seeking transfer to or residency in Illinois
3 under Sections 3-3-11 through 3-3-11.5 of the Unified
4 Code of Corrections (Interstate Compact for the
5 Supervision of Parolees and Probationers) or the
6 Interstate Agreements on Sexually Dangerous Persons Act.
7 Notwithstanding other provisions of this Section, any
8 person incarcerated in a facility of the Illinois Department
9 of Corrections on or after the effective date of this
10 amendatory Act of the 92nd General Assembly shall be required
11 to submit a specimen of blood, saliva, or tissue prior to his
12 or her release on parole or mandatory supervised release, as
13 a condition of his or her parole or mandatory supervised
14 release.
15 (a-5) Any person who was otherwise convicted of or
16 received a disposition of court supervision for any other
17 offense under the Criminal Code of 1961 or any offense
18 classified as a felony under Illinois law or who was found
19 guilty or given supervision for such a violation under the
20 Juvenile Court Act of 1987, may, regardless of the sentence
21 imposed, be required by an order of the court to submit
22 specimens of blood, saliva, or tissue to the Illinois
23 Department of State Police in accordance with the provisions
24 of this Section.
25 (b) Any person required by paragraphs (a)(1), (a)(1.5),
26 (a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
27 saliva, or tissue shall provide specimens of blood, saliva,
28 or tissue within 45 days after sentencing or disposition at a
29 collection site designated by the Illinois Department of
30 State Police.
31 (c) Any person required by paragraphs (a)(3), (a)(4),
32 and (a)(4.5) to provide specimens of blood, saliva, or tissue
33 shall be required to provide such samples prior to final
34 discharge, parole, or release at a collection site designated
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1 by the Illinois Department of State Police.
2 (c-5) Any person required by paragraph (a)(5) to provide
3 specimens of blood, saliva, or tissue shall, where feasible,
4 be required to provide the specimens before being accepted
5 for conditioned residency in Illinois under the interstate
6 compact or agreement, but no later than 45 days after arrival
7 in this State.
8 (c-6) The Illinois Department of State Police may
9 determine which type of specimen or specimens, blood, saliva,
10 or tissue, is acceptable for submission to the Division of
11 Forensic Services for analysis.
12 (d) The Illinois Department of State Police shall
13 provide all equipment and instructions necessary for the
14 collection of blood samples. The collection of samples shall
15 be performed in a medically approved manner. Only a
16 physician authorized to practice medicine, a registered nurse
17 or other qualified person trained in venipuncture may
18 withdraw blood for the purposes of this Act. The samples
19 shall thereafter be forwarded to the Illinois Department of
20 State Police, Division of Forensic Services, for analysis and
21 categorizing into genetic marker groupings.
22 (d-1) The Illinois Department of State Police shall
23 provide all equipment and instructions necessary for the
24 collection of saliva samples. The collection of saliva
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 saliva may collect saliva
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 (d-2) The Illinois Department of State Police shall
33 provide all equipment and instructions necessary for the
34 collection of tissue samples. The collection of tissue
-5- LRB9215588RCcdam07
1 samples shall be performed in a medically approved manner.
2 Only a person trained in the instructions promulgated by the
3 Illinois State Police on collecting tissue may collect tissue
4 for the purposes of this Section. The samples shall
5 thereafter be forwarded to the Illinois Department of State
6 Police, Division of Forensic Services, for analysis and
7 categorizing into genetic marker groupings.
8 (e) The genetic marker groupings shall be maintained by
9 the Illinois Department of State Police, Division of Forensic
10 Services.
11 (f) The genetic marker grouping analysis information
12 obtained pursuant to this Act shall be confidential and shall
13 be released only to peace officers of the United States, of
14 other states or territories, of the insular possessions of
15 the United States, of foreign countries duly authorized to
16 receive the same, to all peace officers of the State of
17 Illinois and to all prosecutorial agencies. The genetic
18 marker grouping analysis information obtained pursuant to
19 this Act shall be used only for valid law enforcement
20 identification purposes and as required by the Federal Bureau
21 of Investigation for participation in the National DNA
22 database. Notwithstanding any other statutory provision to
23 the contrary, all information obtained under this Section
24 shall be maintained in a single State data base, which may be
25 uploaded into a national database, and which information may
26 not be subject to expungement only as set forth in subsection
27 (f-1).
28 (f-1) Upon receipt of notification of a reversal of a
29 conviction based on actual innocence, or of the granting of a
30 pardon pursuant to Section 12 of Article V of the Illinois
31 Constitution, if that pardon document specifically states
32 that the reason for the pardon is the actual innocence of an
33 individual whose DNA record has been stored in the State or
34 national DNA identification index in accordance with this
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1 Section by the Illinois Department of State Police, the DNA
2 record shall be expunged from the DNA identification index,
3 and the Department shall by rule prescribe procedures to
4 ensure that the record and any samples, analyses, or other
5 documents relating to such record, whether in the possession
6 of the Department or any law enforcement or police agency, or
7 any forensic DNA laboratory, including any duplicates or
8 copies thereof, are destroyed and a letter is sent to the
9 court verifying the expungement is completed.
10 (f-5) Any person who intentionally uses genetic marker
11 grouping analysis information, or any other information
12 derived from a DNA sample, beyond the authorized uses as
13 provided under this Section, or any other Illinois law, is
14 guilty of a Class 4 felony, and shall be subject to a fine of
15 not less than $5,000.
16 (g) For the purposes of this Section, "qualifying
17 offense" means any of the following:
18 (1) Any violation or inchoate violation of Section
19 11-6, 11-9.1, 11-11, 11-15.1, 11-17.1, 11-18.1, or
20 11-19.1, 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15,
21 12-16, or 12-33 of the Criminal Code of 1961, or
22 (1.1) Any violation or inchoate violation of
23 Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
24 18-3, 18-4, 19-1, or 19-2 of the Criminal Code of 1961
25 for which persons are convicted on or after July 1, 2001,
26 or
27 (2) Any former statute of this State which defined
28 a felony sexual offense, or
29 (3) (Blank), or Any violation of paragraph (10) of
30 subsection (b) of Section 10-5 of the Criminal Code of
31 1961 when the sentencing court, upon a motion by the
32 State's Attorney or Attorney General, makes a finding
33 that the child luring involved an intent to commit sexual
34 penetration or sexual conduct as defined in Section 12-12
-7- LRB9215588RCcdam07
1 of the Criminal Code of 1961, or
2 (4) Any violation or inchoate violation of Section
3 9-3.1, 11-9.3, 12-3.3, 12-4.2, 12-4.3, 12-7.3, or 12-7.4,
4 18-5, 19-3, 20-1.1, or 20.5-5 of the Criminal Code of
5 1961.
6 (g-5) (Blank). The Department of State Police is not
7 required to provide equipment to collect or to accept or
8 process blood specimens from individuals convicted of any
9 offense listed in paragraph (1.1) or (4) of subsection (g),
10 until acquisition of the resources necessary to process such
11 blood specimens, or in the case of paragraph (1.1) of
12 subsection (g) until July 1, 2003, whichever is earlier.
13 Upon acquisition of necessary resources, including an
14 appropriation for the purpose of implementing this amendatory
15 Act of the 91st General Assembly, but in the case of
16 paragraph (1.1) of subsection (g) no later than July 1, 2003,
17 the Department of State Police shall notify the Department of
18 Corrections, the Administrative Office of the Illinois
19 Courts, and any other entity deemed appropriate by the
20 Department of State Police, to begin blood specimen
21 collection from individuals convicted of offenses enumerated
22 in paragraphs (1.1) and (4) of subsection (g) that the
23 Department is prepared to provide collection equipment and
24 receive and process blood specimens from individuals
25 convicted of offenses enumerated in paragraph (1.1) of
26 subsection (g).
27 Until the Department of State Police provides
28 notification, designated collection agencies are not required
29 to collect blood specimen from individuals convicted of
30 offenses enumerated in paragraphs (1.1) and (4) of subsection
31 (g).".
32 (h) The Illinois Department of State Police shall be the
33 State central repository for all genetic marker grouping
34 analysis information obtained pursuant to this Act. The
-8- LRB9215588RCcdam07
1 Illinois Department of State Police may promulgate rules for
2 the form and manner of the collection of blood, saliva, or
3 tissue samples and other procedures for the operation of this
4 Act. The provisions of the Administrative Review Law shall
5 apply to all actions taken under the rules so promulgated.
6 (i) A person required to provide a blood, saliva, or
7 tissue specimen shall cooperate with the collection of the
8 specimen and any deliberate act by that person intended to
9 impede, delay or stop the collection of the blood, saliva, or
10 tissue specimen is a Class A misdemeanor.
11 (j) Any person required by subsection (a) to submit
12 specimens of blood, saliva, or tissue to the Illinois
13 Department of State Police for analysis and categorization
14 into genetic marker grouping, in addition to any other
15 disposition, penalty, or fine imposed, shall pay an analysis
16 fee of $200 $500. If the analysis fee is not paid at the
17 time of sentencing, the court shall establish a fee schedule
18 by which the entire amount of the analysis fee shall be paid
19 in full, such schedule not to exceed 24 months from the time
20 of conviction. The inability to pay this analysis fee shall
21 not be the sole ground to incarcerate the person. Upon
22 verified petition of the person, the court may suspend
23 payment of all or part of the fee if it finds that the person
24 does not have the ability to pay the fee.
25 (k) All analysis and categorization fees provided for by
26 subsection (j) shall be regulated as follows:
27 (1) The State Offender DNA Identification System
28 Fund is hereby created as a special fund in the State
29 Treasury.
30 (2) All fees shall be collected by the clerk of the
31 court and forwarded to the State Offender DNA
32 Identification System Fund for deposit. The clerk of the
33 circuit court may retain the amount of $10 from each
34 collected analysis fee to offset administrative costs
-9- LRB9215588RCcdam07
1 incurred in carrying out the clerk's responsibilities
2 under this Section.
3 (3) Fees deposited into the State Offender DNA
4 Identification System Fund shall be used by Illinois
5 State Police crime laboratories as designated by the
6 Director of State Police. These funds shall be in
7 addition to any allocations made pursuant to existing
8 laws and shall be designated for the exclusive use of
9 State crime laboratories. These uses may include, but
10 are not limited to, the following:
11 (A) Costs incurred in providing analysis and
12 genetic marker categorization as required by
13 subsection (d).
14 (B) Costs incurred in maintaining genetic
15 marker groupings as required by subsection (e).
16 (C) Costs incurred in the purchase and
17 maintenance of equipment for use in performing
18 analyses.
19 (D) Costs incurred in continuing research and
20 development of new techniques for analysis and
21 genetic marker categorization.
22 (E) Costs incurred in continuing education,
23 training, and professional development of forensic
24 scientists regularly employed by these laboratories.
25 (l) The failure of a person to provide a specimen, or of
26 any person or agency to collect a specimen, within the 45 day
27 period shall in no way alter the obligation of the person to
28 submit such specimen, or the authority of the Illinois
29 Department of State Police or persons designated by the
30 Department to collect the specimen, or the authority of the
31 Illinois Department of State Police to accept, analyze and
32 maintain the specimen or to maintain or upload results of
33 genetic marker grouping analysis information into a State or
34 national database.
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1 (Source: P.A. 91-528, eff. 1-1-00; 92-16, eff. 6-28-01;
2 92-40, eff. 6-29-01.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.".