Public Act 093-0781
 		





HB4424 Enrolled
LRB093 19433 RLC 45171 b






    AN ACT concerning sexual assault.

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


 
    Section 5. The Sexual Assault Survivors Emergency 
Treatment Act is amended  by changing Section 6.4 as follows:
 



    (410 ILCS 70/6.4)  (from Ch. 111 1/2, par. 87-6.4)


    Sec. 6.4. Sexual assault evidence collection program. 

    (a) There is created a statewide sexual assault evidence 
collection program
to facilitate the prosecution of persons 
accused of sexual assault.  This
program shall be administered 
by the Illinois
State Police.  The program shall
consist of the 
following:  (1) distribution of sexual assault evidence

collection kits which have been approved by the Illinois
State 
Police to hospitals that request them, or arranging for
such 
distribution by the manufacturer of the kits, (2) collection of 
the kits
from hospitals after the kits have been  used to 
collect
evidence, (3) analysis of the collected evidence and 
conducting of laboratory
tests, and (4) maintaining the chain 
of custody and safekeeping of the evidence
for use in a legal 
proceeding, and (5) the comparison of the collected evidence 
with the genetic marker grouping analysis information 
maintained by the Department of State Police under Section 
5-4-3 of the Unified Code of Corrections and with the 
information contained in the Federal Bureau of Investigation's 
National DNA database; provided the amount and quality of 
genetic marker grouping results obtained from the evidence in 
the sexual assault case meets the requirements of both the 
Department of State Police and the Federal Bureau of 
Investigation's Combined DNA Index System (CODIS) policies.  
The standardized evidence collection kit for
the State of 
Illinois shall be the State Police Evidence Collection Kit, 
also
known as "S.P.E.C.K.".
A sexual assault evidence 
collection kit may not be released by a hospital
without the 
written consent of the sexual assault survivor.  In the case of 
a
survivor who is a minor 13 years of age or older, evidence 
and
information concerning  the alleged sexual assault may be 
released at the
written request of the minor. If the survivor 
is a minor who is under 13 years
of age, evidence and 
information concerning the alleged sexual assault may be

released at the written request of the parent, guardian, 
investigating law
enforcement officer, or Department of 
Children and Family Services. Any health
care professional, 
including any physician or nurse, sexual assault nurse

examiner, and any health care
institution, including any 
hospital, who provides evidence or information to a
law 
enforcement officer pursuant to a written request as specified 
in this
Section is immune from any civil or professional 
liability that might arise
from those actions, with the 
exception of willful or wanton misconduct.  The
immunity 
provision applies only if all of the requirements of this 
Section are
met.

    (a-5) All sexual assault evidence collected using the State 
Police Evidence Collection Kits before the effective date of 
this amendatory Act of the 93rd General Assembly that have not 
been previously analyzed and tested by the Department of State 
Police shall be analyzed and tested within 2 years after 
receipt of all necessary evidence and standards into the State 
Police Laboratory if sufficient staffing and resources are 
available. All sexual assault evidence collected using the 
State Police Evidence Collection Kits on or after the effective 
date of this amendatory Act of the 93rd General Assembly shall 
be analyzed and tested by the Department of State Police within 
one year after receipt of all necessary evidence and standards 
into the State Police Laboratory if sufficient staffing and 
resources are available.

    (b) The Illinois State Police shall administer a program to 
train hospitals
and hospital personnel participating in the 
sexual assault evidence collection
program, in the correct use 
and application of the sexual assault evidence
collection kits.  
A sexual assault nurse examiner may conduct
examinations using 
the sexual assault evidence collection kits, without the

presence or participation of a physician.  The Department of 
Public Health
shall
cooperate with the Illinois State Police in 
this
program as it pertains to medical aspects of the evidence 
collection.

    (c) In this Section, "sexual assault nurse examiner" means 
a registered
nurse
who has completed a sexual assault nurse 
examiner (SANE) training program that
meets the Forensic Sexual 
Assault Nurse Examiner Education Guidelines
established by the 
International Association of Forensic Nurses.

(Source: P.A. 91-888, eff. 7-6-00; 92-514, eff. 1-1-02.)



 
    Section 10. 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
offenses or institutionalized as sexually dangerous; 
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 July 1, 1990 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;


        (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
January 1, 
    1997;


        (2) ordered institutionalized as a sexually dangerous 
    person on or after
July 1, 1990;


        (3) convicted of a qualifying offense or attempt of a 
    qualifying offense
before July 1, 1990
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;


        (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 August 22, 2002;


        (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;


        (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 3-3-11.05
through 3-3-11.5 of the Unified Code of 
    Corrections and the Interstate Compact
for Adult Offender 
    Supervision 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 August 22,
2002 shall be required to 
submit a specimen of blood, saliva, or tissue
prior to his or 
her final discharge or 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
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.

    (d-5) To the extent that funds are available, the Illinois 
Department of
State Police shall contract with qualified 
personnel and certified laboratories
for the collection, 
analysis, and categorization of known samples.

    (d-6)  Agencies designated by the Illinois Department of 
State Police and
the Illinois Department of State Police may 
contract with third parties to
provide for the collection or 
analysis of DNA, or both, of an offender's blood,
saliva, and 
tissue samples.

    (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, and to defense counsel as
provided 
by Section 116-5 of the Code of Criminal Procedure of 1963.
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, (ii) technology
validation
purposes, (iii) a 
population statistics database, or (iv) quality
assurance

purposes if personally identifying information is removed,
or

(v)
(iii) assisting in the defense of the criminally accused 
pursuant
to
Section 116-5 of the Code of Criminal Procedure of 
1963, or (vi) identifying and assisting  in the prosecution of a 
person who is suspected of committing a sexual assault as 
defined in Section 1a of the Sexual Assault Survivors Emergency 
Treatment Act. 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 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.

    (f-6) The Illinois Department of State Police may contract 
with third
parties for the purposes of implementing this 
amendatory Act of the 93rd
General Assembly. Any other party 
contracting to carry out the functions of
this Section shall be 
subject to the same restrictions and requirements of this

Section insofar as applicable, as the Illinois Department of 
State Police, and
to any additional restrictions imposed by the 
Illinois Department of State
Police.

    (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,
11-18.1, 12-15, or 12-16 of the 
    Criminal Code of 1961;


        (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;


        (2) any former statute of this State which defined a 
    felony sexual
offense;


        (3) (blank);


        (4) any inchoate violation of Section 9-3.1, 11-9.3, 
    12-7.3, or 12-7.4 of
the Criminal Code of 1961; or


        (5) any violation or inchoate violation of Article 29D 
    of the Criminal
Code of 1961.

    (g-5) (Blank).

    (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) (1) 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.


        (2) In the event that a person's DNA sample is not 
    adequate for any
reason, the person shall provide another 
    DNA sample for analysis. Duly
authorized law
enforcement 
    and corrections personnel may employ reasonable force in 
    cases in
which an individual refuses to provide a DNA 
    sample required under this
Act.

    (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.  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.

    (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.

    (m) If any provision of this amendatory Act of the 93rd 
General Assembly
is
held unconstitutional or otherwise 
invalid, the remainder of this amendatory
Act
of the 93rd 
General Assembly is not affected.

(Source: P.A. 92-16, eff. 6-28-01; 92-40, eff.
6-29-01; 92-571, 
eff. 6-26-02; 92-600, eff. 6-28-02; 92-829, eff. 8-22-02;

92-854, eff. 12-5-02; 93-216, eff. 1-1-04; 93-605, eff. 
11-19-03; revised 12-9-03.)