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92nd General Assembly

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Public Act 92-0040

HB0452 Enrolled                                LRB9203896RCcd

    AN ACT in relation to criminal law.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section   5.   The Unified Code of Corrections is amended
by changing Section 5-4-3 as follows:

    (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
    Sec. 5-4-3.  Persons convicted of,  or  found  delinquent
for,  qualifying  offenses  or  institutionalized as sexually
dangerous; blood specimens; genetic marker groups.
    (a)  Any person convicted  of,  found  guilty  under  the
Juvenile Court Act of 1987 for, or who received a disposition
of  court supervision for, a qualifying offense or attempt of
a qualifying offense,  or  institutionalized  as  a  sexually
dangerous person under the Sexually Dangerous Persons Act, or
committed  as  a  sexually  violent person under the Sexually
Violent Persons  Commitment  Act  shall,  regardless  of  the
sentence  or  disposition  imposed,  be  required  to  submit
specimens of blood to the Illinois Department of State Police
in  accordance  with the provisions of this Section, provided
such person is:
         (1)  convicted of a qualifying offense or attempt of
    a qualifying offense on or after the  effective  date  of
    this  amendatory  Act of 1989, and sentenced to a term of
    imprisonment,  periodic  imprisonment,  fine,  probation,
    conditional discharge or any other form of  sentence,  or
    given a disposition of court supervision for the offense,
    or
         (1.5)  found  guilty  or given supervision under the
    Juvenile Court Act of 1987 for a  qualifying  offense  or
    attempt of a qualifying offense on or after the effective
    date of this amendatory Act of 1996, or
         (2)  ordered   institutionalized   as   a   sexually
    dangerous  person  on or after the effective date of this
    amendatory Act of 1989, or
         (3)  convicted of a qualifying offense or attempt of
    a qualifying offense before the effective  date  of  this
    amendatory  Act  of  1989  and is presently confined as a
    result of  such  conviction  in  any  State  correctional
    facility  or  county  jail  or  is  presently  serving  a
    sentence  of probation, conditional discharge or periodic
    imprisonment as a result of such conviction, or
         (4)  presently  institutionalized  as   a   sexually
    dangerous  person  or  presently  institutionalized  as a
    person found guilty but mentally ill of a sexual  offense
    or attempt to commit a sexual offense; or
         (4.5)  ordered   committed  as  a  sexually  violent
    person on or after the effective  date  of  the  Sexually
    Violent Persons Commitment Act; or
         (5)  seeking  transfer  to  or residency in Illinois
    under Sections 3-3-11 through  3-3-11.5  of  the  Unified
    Code   of   Corrections   (Interstate   Compact  for  the
    Supervision  of  Parolees  and   Probationers)   or   the
    Interstate Agreements on Sexually Dangerous Persons Act.
    (a-5)  Any  person  who  was  otherwise  convicted  of or
received a disposition of court  supervision  for  any  other
offense  under  the  Criminal  Code  of  1961  or any offense
classified as a felony under Illinois law or  who  was  found
guilty  or  given  supervision for such a violation under the
Juvenile Court Act of 1987, may, regardless of  the  sentence
imposed,  be  required  by  an  order  of the court to submit
specimens of blood to the Illinois Department of State Police
in accordance with the provisions of this Section.
    (b)  Any person required by paragraphs (a)(1),  (a)(1.5),
(a)(2), and (a-5) to provide specimens of blood shall provide
specimens  of  blood  within  45  days  after  sentencing  or
disposition  at  a collection site designated by the Illinois
Department of State Police.
    (c)  Any person required by  paragraphs  (a)(3),  (a)(4),
and  (a)(4.5) to provide specimens of blood shall be required
to provide such samples prior to final discharge, parole,  or
release  at  a  collection  site  designated  by the Illinois
Department of State Police.
    (c-5)  Any person required by paragraph (a)(5) to provide
specimens of blood shall,  where  feasible,  be  required  to
provide  the  specimens before being accepted for conditioned
residency  in  Illinois  under  the  interstate  compact   or
agreement,  but  no  later than 45 days after arrival in this
State.
    (d)  The  Illinois  Department  of  State  Police   shall
provide  all  equipment  and  instructions  necessary for the
collection of blood samples.  The collection of samples shall
be  performed  in  a  medically  approved  manner.   Only   a
physician authorized to practice medicine, a registered nurse
or   other  qualified  person  trained  in  venipuncture  may
withdraw blood for the purposes of  this  Act.   The  samples
shall  thereafter  be forwarded to the Illinois Department of
State Police, Division of Forensic Services, for analysis and
categorizing into genetic marker groupings.
    (e)  The genetic marker groupings shall be maintained  by
the Illinois Department of State Police, Division of Forensic
Services.
    (f)  The  genetic  marker  grouping  analysis information
obtained pursuant to this Act shall be confidential and shall
be released only to peace officers of the United  States,  of
other  states  or  territories, of the insular possessions of
the United States, of foreign countries  duly  authorized  to
receive  the  same,  to  all  peace  officers of the State of
Illinois and to all prosecutorial  agencies.  Notwithstanding
any   other   statutory   provision   to  the  contrary,  all
information obtained under this Section shall  be  maintained
in  a  single  State  data base, which may be uploaded into a
national database, and may not be subject to expungement.
    (g)  For  the  purposes  of  this  Section,   "qualifying
offense" means any of the following:
         (1)  Any  violation or inchoate violation of Section
    11-6, 11-9.1, 11-11, 11-15.1, 11-17.1, 11-18.1,  11-19.1,
    11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, or
    12-33 of the Criminal Code of 1961, or
         (1.1)  Any   violation   or  inchoate  violation  of
    Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
    18-3, 18-4, 19-1, or 19-2 of the Criminal  Code  of  1961
    for  which  persons  are  convicted committed on or after
    July 1, 2001, or
         (2)  Any former statute of this State which  defined
    a felony sexual offense, or
         (3)  Any  violation  of paragraph (10) of subsection
    (b) of Section 10-5 of the Criminal Code of 1961 when the
    sentencing court, upon a motion by the  State's  Attorney
    or  Attorney  General,  makes  a  finding  that the child
    luring involved an intent to commit sexual penetration or
    sexual  conduct  as  defined  in  Section  12-12  of  the
    Criminal Code of 1961, or.
         (4)  Any violation or inchoate violation of  Section
    9-3.1,  11-9.3,  12-3.3,  12-4.2, 12-4.3, 12-7.3, 12-7.4,
    18-5, 19-3, 20-1.1, or 20.5-5 of  the  Criminal  Code  of
    1961.
    (g-5)  The  Department of State Police is not required to
provide equipment to collect or to accept  or  process  blood
specimens from individuals convicted of any offense listed in
paragraph  (1.1)  or (4) of subsection (g), until acquisition
of the resources necessary to process such  blood  specimens,
or  in  the  case  of paragraph (1.1) of subsection (g) until
July 1, 2003, whichever is earlier.
    Upon acquisition of  necessary  resources,  including  an
appropriation for the purpose of implementing this amendatory
Act  of  the  91st  General  Assembly,  but  in  the  case of
paragraph (1.1) of subsection (g) no later than July 1, 2003,
the Department of State Police shall notify the Department of
Corrections,  the  Administrative  Office  of  the   Illinois
Courts,  and  any  other  entity  deemed  appropriate  by the
Department  of  State  Police,  to   begin   blood   specimen
collection  from individuals convicted of offenses enumerated
in paragraphs (1.1)  and  (4)  of  subsection  (g)  that  the
Department  is  prepared  to provide collection equipment and
receive  and  process  blood   specimens   from   individuals
convicted  of  offenses  enumerated  in  paragraph  (1.1)  of
subsection (g).
    Until   the   Department   of   State   Police   provides
notification, designated collection agencies are not required
to  collect  blood  specimen  from  individuals  convicted of
offenses enumerated in paragraphs (1.1) and (4) of subsection
(g).
    (h)  The Illinois Department of State Police shall be the
State central repository  for  all  genetic  marker  grouping
analysis  information  obtained  pursuant  to  this Act.  The
Illinois Department of State Police may promulgate rules  for
the  form  and  manner of the collection of blood samples and
other  procedures  for  the  operation  of  this  Act.    The
provisions  of  the  Administrative Review Law shall apply to
all actions taken under the rules so promulgated.
    (i)  A person required to provide a blood specimen  shall
cooperate  with  the  collection  of  the  specimen  and  any
deliberate  act  by  that person intended to impede, delay or
stop the collection of  the  blood  specimen  is  a  Class  A
misdemeanor.
    (j)  Any  person  required  by  subsection  (a) to submit
specimens of blood to the Illinois Department of State Police
for analysis and categorization into genetic marker grouping,
in addition  to  any  other  disposition,  penalty,  or  fine
imposed,  shall  pay  an analysis fee of $500.  Upon verified
petition of the person, the court may suspend payment of  all
or  part of the fee if it finds that the person does not have
the ability to pay the fee.
    (k)  All analysis and categorization fees provided for by
subsection (j) shall be regulated as follows:
         (1)  The State Offender  DNA  Identification  System
    Fund  is  hereby  created  as a special fund in the State
    Treasury.
         (2)  All fees shall be collected by the clerk of the
    court  and  forwarded   to   the   State   Offender   DNA
    Identification System Fund for deposit.  The clerk of the
    circuit  court  may  retain  the  amount of $10 from each
    collected analysis fee  to  offset  administrative  costs
    incurred  in  carrying  out  the clerk's responsibilities
    under this Section.
         (3)  Fees deposited  into  the  State  Offender  DNA
    Identification  System  Fund  shall  be  used by Illinois
    State Police crime  laboratories  as  designated  by  the
    Director  of  State  Police.   These  funds  shall  be in
    addition to any allocations  made  pursuant  to  existing
    laws  and  shall  be  designated for the exclusive use of
    State crime laboratories.  These uses  may  include,  but
    are not limited to, the following:
              (A)  Costs  incurred  in providing analysis and
         genetic  marker  categorization   as   required   by
         subsection (d).
              (B)  Costs   incurred  in  maintaining  genetic
         marker groupings as required by subsection (e).
              (C)  Costs  incurred  in   the   purchase   and
         maintenance  of  equipment  for  use  in  performing
         analyses.
              (D)  Costs  incurred in continuing research and
         development  of  new  techniques  for  analysis  and
         genetic marker categorization.
              (E)  Costs incurred  in  continuing  education,
         training,  and  professional development of forensic
         scientists regularly employed by these laboratories.
    (l) (1)  The failure of a person to provide  a  specimen,
or  of any person or agency to collect a specimen, within the
45 day period shall in no way alter  the  obligation  of  the
person  to  submit  such  specimen,  or  the authority of the
Illinois Department of State Police or persons designated  by
the  Department  to collect the specimen, or the authority of
the Illinois Department of State Police  to  accept,  analyze
and maintain the specimen or to maintain or upload results of
genetic  marker grouping analysis information into a State or
national database.
(Source: P.A.  90-124,  eff.  1-1-98;  90-130,  eff.  1-1-98;
90-655, eff. 7-30-98;  90-793,  eff.  8-14-98;  91-528,  eff.
1-1-00; revised 6-13-00.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 15, 2001.
    Approved June 29, 2001.
    Effective June 29, 2001.

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