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92nd General Assembly

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Public Act 92-0829

SB2024 Enrolled                                LRB9215588RCcd

    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,  certain  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,  convicted  or  found  guilty  of  any
offense  classified  as  a  felony  under Illinois law, found
guilty or given supervision for any offense classified  as  a
felony   under   the   Juvenile   Court   Act   of  1987,  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, saliva, or tissue
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
         (3.5)  convicted or  found  guilty  of  any  offense
    classified as a felony under Illinois law or found guilty
    or  given  supervision  for  such  an  offense  under the
    Juvenile Court Act of 1987 on or after the effective date
    of this amendatory Act of the 92nd General Assembly, 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.
    Notwithstanding  other  provisions  of  this Section, any
person incarcerated in a facility of the Illinois  Department
of  Corrections  on  or  after  the  effective  date  of this
amendatory Act of the 92nd General Assembly shall be required
to submit a specimen of blood, saliva, or tissue prior to his
or her release on parole or mandatory supervised release,  as
a  condition  of  his  or  her parole or mandatory supervised
release.
    (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,  saliva,  or  tissue  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),  (a)(3.5),  and  (a-5) to provide specimens of blood,
saliva, or tissue shall provide specimens of  blood,  saliva,
or tissue 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, saliva, or tissue
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, saliva, or tissue 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.
    (c-6)  The   Illinois  Department  of  State  Police  may
determine which type of specimen or specimens, blood, saliva,
or tissue, is acceptable for submission to  the  Division  of
Forensic Services for analysis.
    (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.
    (d-1)  The  Illinois  Department  of  State  Police shall
provide all equipment  and  instructions  necessary  for  the
collection  of  saliva  samples.   The  collection  of saliva
samples shall be performed in a  medically  approved  manner.
Only  a person trained in the instructions promulgated by the
Illinois State Police on collecting saliva may collect saliva
for  the  purposes  of  this  Section.    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.
    (d-2)  The Illinois  Department  of  State  Police  shall
provide  all  equipment  and  instructions  necessary for the
collection of  tissue  samples.   The  collection  of  tissue
samples  shall  be  performed in a medically approved manner.
Only a person trained in the instructions promulgated by  the
Illinois State Police on collecting tissue may collect tissue
for   the  purposes  of  this  Section.   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.    The  genetic
marker  grouping  analysis  information  obtained pursuant to
this Act shall be used only for  (i)  valid  law  enforcement
identification purposes and as required by the Federal Bureau
of  Investigation  for  participation  in  the  National  DNA
database    or    (ii)    technology   validation   purposes.
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 which information may
not be subject to expungement only as set forth in subsection
(f-1).
    (f-1)  Upon receipt of notification of a  reversal  of  a
conviction based on actual innocence, or of the granting of a
pardon  pursuant  to  Section 12 of Article V of the Illinois
Constitution, if that  pardon  document  specifically  states
that  the reason for the pardon is the actual innocence of an
individual whose DNA record has been stored in the  State  or
national  DNA  identification  index  in accordance with this
Section by the Illinois Department of State Police,  the  DNA
record  shall  be expunged from the DNA identification index,
and the Department shall  by  rule  prescribe  procedures  to
ensure  that  the  record and any samples, analyses, or other
documents relating to such record, whether in the  possession
of the Department or any law enforcement or police agency, or
any  forensic  DNA  laboratory,  including  any duplicates or
copies thereof, are destroyed and a letter  is  sent  to  the
court verifying the expungement is completed.
    (f-5)  Any  person  who intentionally uses genetic marker
grouping  analysis  information,  or  any  other  information
derived from a DNA sample,  beyond  the  authorized  uses  as
provided  under  this  Section, or any other Illinois law, is
guilty of a Class 4 felony, and shall be subject to a fine of
not less than $5,000.
    (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, or 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 on or after July 1, 2001,
    or
         (2)  Any  former statute of this State which defined
    a felony sexual offense, or
         (3)  (Blank), or 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, or 12-7.4,
    18-5,  19-3,  20-1.1,  or  20.5-5 of the Criminal Code of
    1961.
    (g-5)  (Blank).  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, saliva, or
tissue 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, saliva, or
tissue 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, saliva, or
tissue specimen is a Class A misdemeanor.
    (j)  Any person required  by  subsection  (a)  to  submit
specimens  of  blood,  saliva,  or  tissue  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 $200 $500.  If the analysis fee is  not  paid  at  the
time  of sentencing, the court shall establish a fee schedule
by which the entire amount of the analysis fee shall be  paid
in  full, such schedule not to exceed 24 months from the time
of conviction.  The inability to pay this analysis fee  shall
not  be  the  sole  ground  to  incarcerate  the person. 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)  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.  91-528,  eff.  1-1-00;  92-16,  eff.  6-28-01;
92-40, eff. 6-29-01.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 29, 2002.
    Approved August 22, 2002.
    Effective August 22, 2002.

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