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90_HB0232
730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3
Amends the Unified Code of Corrections. Provides that
the provisions requiring persons convicted of or who received
dispositions of court supervision for various sexual offenses
to submit blood samples for genetic marker groupings also
applies to persons found not guilty by reason of insanity or
unfit to stand trial. Also expands definition of sexual
offenses.
LRB9001532RCks
LRB9001532RCks
1 AN ACT to amend the Unified Code of Corrections by
2 changing Section 5-4-3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 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, Sexual offenses or found sexually dangerous; blood tests
10 required.
11 (a) A Any person convicted of, found delinquent for, or
12 who received a disposition of court supervision for, a sexual
13 offense or attempt of a sexual offense or institutionalized
14 as a sexually dangerous person under the Sexually Dangerous
15 Persons Act shall, regardless of the sentence or disposition
16 imposed, be required to submit specimens of blood to the
17 Illinois Department of State Police in accordance with the
18 provisions of this Section, provided the such person is:
19 charged under Illinois law, or any substantially similar
20 federal law or law of another state, with a sexual offense
21 set forth in subsection (g) of this Section or the attempt to
22 commit an included sexual offense, and at least one of the
23 following conditions (i), (ii), or (iii) is present:
24 (i) the person is convicted of or placed on
25 supervision for the offense or an attempt to commit the
26 offense;
27 (ii) the person is certified as a sexually
28 dangerous person under the Illinois Sexually Dangerous
29 Persons Act, or any substantially similar federal law or
30 law of another state, when any conduct giving rise to the
31 certification is committed or attempted against a person
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1 less than 18 years of age; or
2 (iii) the person is subject to the provisions of
3 Section 2 of the Interstate Agreements on Sexually
4 Dangerous Persons Act.
5 Convictions that result from or are connected with the
6 same act, or result from offenses committed at the same time,
7 shall be counted for the purposes of this Section as one
8 conviction. Any conviction set aside in accordance with law
9 is not a conviction for purposes of this Section.
10 (1) convicted of a sexual offense or attempt of a
11 sexual offense on or after the effective date of this
12 amendatory Act of 1989, and sentenced to a term of
13 imprisonment, periodic imprisonment, fine, probation,
14 conditional discharge or any other form of sentence, or
15 given a disposition of court supervision for the offense,
16 or
17 (1.5) found delinquent under the Juvenile Court Act
18 of 1987 for a sexual offense or attempt of a sexual
19 offense on or after the effective date of this amendatory
20 Act of 1996, or
21 (2) ordered institutionalized as a sexually
22 dangerous person on or after the effective date of this
23 amendatory Act of 1989, or
24 (3) convicted of a sexual offense or attempt of a
25 sexual offense before the effective date of this
26 amendatory Act of 1989 and is presently confined as a
27 result of such conviction in any State correctional
28 facility or county jail or is presently serving a
29 sentence of probation, conditional discharge or periodic
30 imprisonment as a result of such conviction, or
31 (4) presently institutionalized as a sexually
32 dangerous person or presently institutionalized as a
33 person found guilty but mentally ill of a sexual offense
34 or attempt to commit a sexual offense; or
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1 (5) seeking transfer to or residency in Illinois
2 under Sections 3-3-11 through 3-3-11.5 of the Unified
3 Code of Corrections (Interstate Compact for the
4 Supervision of Parolees and Probationers) or the
5 Interstate Agreements on Sexually Dangerous Persons Act.
6 (b) Any person charged with a sexual offense on or after
7 the effective date of this amendatory Act of 1997 who is
8 required by subsection (a) paragraphs (a)(1), (a)(1.5), and
9 (a)(2) to provide specimens of blood shall be ordered by the
10 court to have specimens of blood collected within 45 days
11 after sentencing or other disposition at a collection site
12 designated by the Illinois Department of State Police.
13 (c) Any person who has been sentenced or given a
14 disposition before the effective date of this amendatory Act
15 of 1997 who is required by subsection (a) paragraphs (a)(3)
16 and (a)(4) to provide specimens of blood shall be required to
17 provide the such samples prior to final discharge, parole, or
18 release at a collection site designated by the Illinois
19 Department of State Police.
20 (c-5) Any person required by paragraph (a)(iii) (5) to
21 provide specimens of blood shall, where feasible, be required
22 to provide the specimens before being accepted for
23 conditioned residency in Illinois under the interstate
24 compact or agreement, but no later than 45 days after arrival
25 in this State.
26 (d) The Illinois Department of State Police shall
27 provide all equipment and instructions necessary for the
28 collection of blood samples. The collection of samples shall
29 be performed in a medically approved manner. Only a
30 physician authorized to practice medicine, a registered nurse
31 or other qualified person approved by the Illinois Department
32 of Public Health may withdraw blood for the purposes of this
33 Act. The samples shall thereafter be forwarded to the
34 Illinois Department of State Police, Division of Forensic
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1 Services and Identification, for analysis and categorizing
2 into genetic marker groupings.
3 (e) The genetic marker groupings shall be maintained by
4 the Illinois Department of State Police, Division of Forensic
5 Services and Identification.
6 (f) The genetic marker grouping analysis information
7 obtained pursuant to this Act shall be confidential and shall
8 be released only to peace officers of the United States, of
9 other states or territories, of the insular possessions of
10 the United States, of foreign countries duly authorized to
11 receive the same, to all peace officers of the State of
12 Illinois and to all prosecutorial agencies. Notwithstanding
13 any other statutory provision to the contrary, all
14 information obtained under this Section shall be maintained
15 in a single data base and may not be subject to expungement.
16 (g) For the purposes of this Section, "sexual offense"
17 means:
18 (1) A violation of any of the following Sections of
19 the Criminal Code of 1961:
20 10-5(b)(10) (intentionally luring or attempting
21 to lure a child under the age of 16 into a motor
22 vehicle, building, housetrailer, or dwelling place
23 without the consent of the parent or lawful
24 custodian of the child for other than a lawful
25 purpose),
26 11-6 (indecent solicitation of a child),
27 11-9.1 (sexual exploitation of a child),
28 11-15 (soliciting for a prostitute),
29 11-15.1 (soliciting for a juvenile prostitute),
30 11-17 (keeping a place of prostitution),
31 11-17.1 (keeping a place of juvenile
32 prostitution),
33 11-18 (patronizing a prostitute),
34 11-18.1 (patronizing a juvenile prostitute),
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1 11-19 (pimping),
2 11-19.1 (juvenile pimping),
3 11-19.2 (exploitation of a child),
4 11-20.1 (child pornography),
5 12-3.2 (domestic battery),
6 12-13 (criminal sexual assault),
7 12-14 (aggravated criminal sexual assault),
8 12-14.1 (predatory criminal sexual assault of a
9 child),
10 12-15 (criminal sexual abuse),
11 12-16 (aggravated criminal sexual abuse),
12 12-33 (ritualized abuse of a child), or
13 An attempt to commit any of these offenses.
14 (2) A violation of any former law of this State
15 substantially equivalent to any offense listed in
16 paragraph (1) of subsection (g) of this Section.
17 A conviction for an offense of federal law or the law of
18 another state that is substantially equivalent to any offense
19 listed in paragraph (1) of subsection (g) of this Section
20 shall constitute a conviction for the purpose of this
21 Section. A finding or adjudication as a sexually dangerous
22 person under any federal law or law of another state that is
23 substantially equivalent to the Sexually Dangerous Persons
24 Act shall constitute an adjudication for the purposes of this
25 Section. any violation of Sections 11-11, 12-13, 12-14,
26 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961, or any
27 former statute of this State which defined a felony sexual
28 offense.
29 (h) The Illinois Department of State Police shall be the
30 State central repository for all genetic marker grouping
31 analysis information obtained pursuant to this Act. The
32 Illinois Department of State Police may promulgate rules for
33 the form and manner of the collection of blood samples and
34 other procedures for the operation of this Act. The
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1 provisions of the Administrative Review Law shall apply to
2 all actions taken under the rules so promulgated.
3 (i) A person ordered by the court to provide a blood
4 specimen shall cooperate with the collection of the specimen
5 and any deliberate act by that person intended to impede,
6 delay or stop the collection of the blood specimen shall be
7 punishable as contempt of court.
8 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 12-13-95;
9 89-462, eff. 5-29-96; 89-550, eff. 1-1-97.)