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90_HB0232enr
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.
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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) 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 such person is:
19 (1) convicted of a sexual offense or attempt of a
20 sexual offense on or after the effective date of this
21 amendatory Act of 1989, and sentenced to a term of
22 imprisonment, periodic imprisonment, fine, probation,
23 conditional discharge or any other form of sentence, or
24 given a disposition of court supervision for the offense,
25 or
26 (1.5) found delinquent under the Juvenile Court Act
27 of 1987 for a sexual offense or attempt of a sexual
28 offense on or after the effective date of this amendatory
29 Act of 1996, or
30 (2) ordered institutionalized as a sexually
31 dangerous person on or after the effective date of this
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1 amendatory Act of 1989, or
2 (3) convicted of a sexual offense or attempt of a
3 sexual offense before the effective date of this
4 amendatory Act of 1989 and is presently confined as a
5 result of such conviction in any State correctional
6 facility or county jail or is presently serving a
7 sentence of probation, conditional discharge or periodic
8 imprisonment as a result of such conviction, or
9 (4) presently institutionalized as a sexually
10 dangerous person or presently institutionalized as a
11 person found guilty but mentally ill of a sexual offense
12 or attempt to commit a sexual offense; or
13 (5) seeking transfer to or residency in Illinois
14 under Sections 3-3-11 through 3-3-11.5 of the Unified
15 Code of Corrections (Interstate Compact for the
16 Supervision of Parolees and Probationers) or the
17 Interstate Agreements on Sexually Dangerous Persons Act.
18 (b) Any person required by paragraphs (a)(1), (a)(1.5),
19 and (a)(2) to provide specimens of blood shall be ordered by
20 the court to have specimens of blood collected within 45 days
21 after sentencing or disposition at a collection site
22 designated by the Illinois Department of State Police.
23 (c) Any person required by paragraphs (a)(3) and (a)(4)
24 to provide specimens of blood shall be required to provide
25 such samples prior to final discharge, parole, or release at
26 a collection site designated by the Illinois Department of
27 State Police.
28 (c-5) Any person required by paragraph (a)(5) to provide
29 specimens of blood shall, where feasible, be required to
30 provide the specimens before being accepted for conditioned
31 residency in Illinois under the interstate compact or
32 agreement, but no later than 45 days after arrival in this
33 State.
34 (d) The Illinois Department of State Police shall
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1 provide all equipment and instructions necessary for the
2 collection of blood samples. The collection of samples shall
3 be performed in a medically approved manner. Only a
4 physician authorized to practice medicine, a registered nurse
5 or other qualified person approved by the Illinois Department
6 of Public Health may withdraw blood for the purposes of this
7 Act. The samples shall thereafter be forwarded to the
8 Illinois Department of State Police, Division of Forensic
9 Services and Identification, for analysis and categorizing
10 into genetic marker groupings.
11 (e) The genetic marker groupings shall be maintained by
12 the Illinois Department of State Police, Division of Forensic
13 Services and Identification.
14 (f) The genetic marker grouping analysis information
15 obtained pursuant to this Act shall be confidential and shall
16 be released only to peace officers of the United States, of
17 other states or territories, of the insular possessions of
18 the United States, of foreign countries duly authorized to
19 receive the same, to all peace officers of the State of
20 Illinois and to all prosecutorial agencies. Notwithstanding
21 any other statutory provision to the contrary, all
22 information obtained under this Section shall be maintained
23 in a single data base and may not be subject to expungement.
24 (g) For the purposes of this Section, "sexual offense"
25 means any of the following:
26 (1) Any violation of Sections 11-6, 11-9.1, 11-11,
27 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1,
28 12-13, 12-14, 12-14.1, 12-15, or 12-16, or 12-33 of the
29 Criminal Code of 1961, or
30 (2) Any former statute of this State which defined
31 a felony sexual offense, or.
32 (3) Any violation of paragraph (10) of subsection
33 (b) of Section 10-5 of the Criminal Code of 1961 when the
34 sentencing court, upon a motion by the State's Attorney or
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1 Attorney General, makes a finding that the child luring
2 involved an intent to commit sexual penetration or sexual
3 conduct as defined in Section 12-12 of the Criminal Code of
4 1961.
5 (h) The Illinois Department of State Police shall be the
6 State central repository for all genetic marker grouping
7 analysis information obtained pursuant to this Act. The
8 Illinois Department of State Police may promulgate rules for
9 the form and manner of the collection of blood samples and
10 other procedures for the operation of this Act. The
11 provisions of the Administrative Review Law shall apply to
12 all actions taken under the rules so promulgated.
13 (i) A person ordered by the court to provide a blood
14 specimen shall cooperate with the collection of the specimen
15 and any deliberate act by that person intended to impede,
16 delay or stop the collection of the blood specimen shall be
17 punishable as contempt of court.
18 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 12-13-95;
19 89-462, eff. 5-29-96; 89-550, eff. 1-1-97.)