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92_HB0452eng HB0452 Engrossed LRB9203896RCcd 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Unified Code of Corrections is amended 5 by changing Section 5-4-3 as follows: 6 (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3) 7 Sec. 5-4-3. Persons convicted of, or found delinquent 8 for, qualifying offenses or institutionalized as sexually 9 dangerous; blood specimens; genetic marker groups. 10 (a) Any person convicted of, found guilty under the 11 Juvenile Court Act of 1987 for, or who received a disposition 12 of court supervision for, a qualifying offense or attempt of 13 a qualifying offense, or institutionalized as a sexually 14 dangerous person under the Sexually Dangerous Persons Act, or 15 committed as a sexually violent person under the Sexually 16 Violent Persons Commitment Act shall, regardless of the 17 sentence or disposition imposed, be required to submit 18 specimens of blood to the Illinois Department of State Police 19 in accordance with the provisions of this Section, provided 20 such person is: 21 (1) convicted of a qualifying offense or attempt of 22 a qualifying offense on or after the effective date of 23 this amendatory Act of 1989, and sentenced to a term of 24 imprisonment, periodic imprisonment, fine, probation, 25 conditional discharge or any other form of sentence, or 26 given a disposition of court supervision for the offense, 27 or 28 (1.5) found guilty or given supervision under the 29 Juvenile Court Act of 1987 for a qualifying offense or 30 attempt of a qualifying offense on or after the effective 31 date of this amendatory Act of 1996, or HB0452 Engrossed -2- LRB9203896RCcd 1 (2) ordered institutionalized as a sexually 2 dangerous person on or after the effective date of this 3 amendatory Act of 1989, or 4 (3) convicted of a qualifying offense or attempt of 5 a qualifying offense before the effective date of this 6 amendatory Act of 1989 and is presently confined as a 7 result of such conviction in any State correctional 8 facility or county jail or is presently serving a 9 sentence of probation, conditional discharge or periodic 10 imprisonment as a result of such conviction, or 11 (4) presently institutionalized as a sexually 12 dangerous person or presently institutionalized as a 13 person found guilty but mentally ill of a sexual offense 14 or attempt to commit a sexual offense; or 15 (4.5) ordered committed as a sexually violent 16 person on or after the effective date of the Sexually 17 Violent Persons Commitment Act; or 18 (5) seeking transfer to or residency in Illinois 19 under Sections 3-3-11 through 3-3-11.5 of the Unified 20 Code of Corrections (Interstate Compact for the 21 Supervision of Parolees and Probationers) or the 22 Interstate Agreements on Sexually Dangerous Persons Act. 23 (a-5) Any person who was otherwise convicted of or 24 received a disposition of court supervision for any other 25 offense under the Criminal Code of 1961 or any offense 26 classified as a felony under Illinois law or who was found 27 guilty or given supervision for such a violation under the 28 Juvenile Court Act of 1987, may, regardless of the sentence 29 imposed, be required by an order of the court to submit 30 specimens of blood to the Illinois Department of State Police 31 in accordance with the provisions of this Section. 32 (b) Any person required by paragraphs (a)(1), (a)(1.5), 33 (a)(2), and (a-5) to provide specimens of blood shall provide 34 specimens of blood within 45 days after sentencing or HB0452 Engrossed -3- LRB9203896RCcd 1 disposition at a collection site designated by the Illinois 2 Department of State Police. 3 (c) Any person required by paragraphs (a)(3), (a)(4), 4 and (a)(4.5) to provide specimens of blood shall be required 5 to provide such samples prior to final discharge, parole, or 6 release at a collection site designated by the Illinois 7 Department of State Police. 8 (c-5) Any person required by paragraph (a)(5) to provide 9 specimens of blood shall, where feasible, be required to 10 provide the specimens before being accepted for conditioned 11 residency in Illinois under the interstate compact or 12 agreement, but no later than 45 days after arrival in this 13 State. 14 (d) The Illinois Department of State Police shall 15 provide all equipment and instructions necessary for the 16 collection of blood samples. The collection of samples shall 17 be performed in a medically approved manner. Only a 18 physician authorized to practice medicine, a registered nurse 19 or other qualified person trained in venipuncture may 20 withdraw blood for the purposes of this Act. The samples 21 shall thereafter be forwarded to the Illinois Department of 22 State Police, Division of Forensic Services, for analysis and 23 categorizing into genetic marker groupings. 24 (e) The genetic marker groupings shall be maintained by 25 the Illinois Department of State Police, Division of Forensic 26 Services. 27 (f) The genetic marker grouping analysis information 28 obtained pursuant to this Act shall be confidential and shall 29 be released only to peace officers of the United States, of 30 other states or territories, of the insular possessions of 31 the United States, of foreign countries duly authorized to 32 receive the same, to all peace officers of the State of 33 Illinois and to all prosecutorial agencies. Notwithstanding 34 any other statutory provision to the contrary, all HB0452 Engrossed -4- LRB9203896RCcd 1 information obtained under this Section shall be maintained 2 in a single State data base, which may be uploaded into a 3 national database, and may not be subject to expungement. 4 (g) For the purposes of this Section, "qualifying 5 offense" means any of the following: 6 (1) Any violation or inchoate violation of Section 7 11-6, 11-9.1, 11-11, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 8 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, or 9 12-33 of the Criminal Code of 1961, or 10 (1.1) Any violation or inchoate violation of 11 Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 12 18-3, 18-4, 19-1, or 19-2 of the Criminal Code of 1961 13 for which persons are convictedcommittedon or after 14 July 1, 2001, or 15 (2) Any former statute of this State which defined 16 a felony sexual offense, or 17 (3) Any violation of paragraph (10) of subsection 18 (b) of Section 10-5 of the Criminal Code of 1961 when the 19 sentencing court, upon a motion by the State's Attorney 20 or Attorney General, makes a finding that the child 21 luring involved an intent to commit sexual penetration or 22 sexual conduct as defined in Section 12-12 of the 23 Criminal Code of 1961, or.24 (4) Any violation or inchoate violation of Section 25 9-3.1, 11-9.3, 12-3.3, 12-4.2, 12-4.3, 12-7.3, 12-7.4, 26 18-5, 19-3, 20-1.1, or 20.5-5 of the Criminal Code of 27 1961. 28 (g-5) The Department of State Police is not required to 29 provide equipment to collect or to accept or process blood 30 specimens from individuals convicted of any offense listed in 31 paragraph (1.1) or (4) of subsection (g), until acquisition 32 of the resources necessary to process such blood specimens, 33 or in the case of paragraph (1.1) of subsection (g) until 34 July 1, 2003, whichever is earlier. HB0452 Engrossed -5- LRB9203896RCcd 1 Upon acquisition of necessary resources, including an 2 appropriation for the purpose of implementing this amendatory 3 Act of the 91st General Assembly, but in the case of 4 paragraph (1.1) of subsection (g) no later than July 1, 2003, 5 the Department of State Police shall notify the Department of 6 Corrections, the Administrative Office of the Illinois 7 Courts, and any other entity deemed appropriate by the 8 Department of State Police, to begin blood specimen 9 collection from individuals convicted of offenses enumerated 10 in paragraphs (1.1) and (4) of subsection (g) that the 11 Department is prepared to provide collection equipment and 12 receive and process blood specimens from individuals 13 convicted of offenses enumerated in paragraph (1.1) of 14 subsection (g). 15 Until the Department of State Police provides 16 notification, designated collection agencies are not required 17 to collect blood specimen from individuals convicted of 18 offenses enumerated in paragraphs (1.1) and (4) of subsection 19 (g). 20 (h) The Illinois Department of State Police shall be the 21 State central repository for all genetic marker grouping 22 analysis information obtained pursuant to this Act. The 23 Illinois Department of State Police may promulgate rules for 24 the form and manner of the collection of blood samples and 25 other procedures for the operation of this Act. The 26 provisions of the Administrative Review Law shall apply to 27 all actions taken under the rules so promulgated. 28 (i) A person required to provide a blood specimen shall 29 cooperate with the collection of the specimen and any 30 deliberate act by that person intended to impede, delay or 31 stop the collection of the blood specimen is a Class A 32 misdemeanor. 33 (j) Any person required by subsection (a) to submit 34 specimens of blood to the Illinois Department of State Police HB0452 Engrossed -6- LRB9203896RCcd 1 for analysis and categorization into genetic marker grouping, 2 in addition to any other disposition, penalty, or fine 3 imposed, shall pay an analysis fee of $500. Upon verified 4 petition of the person, the court may suspend payment of all 5 or part of the fee if it finds that the person does not have 6 the ability to pay the fee. 7 (k) All analysis and categorization fees provided for by 8 subsection (j) shall be regulated as follows: 9 (1) The State Offender DNA Identification System 10 Fund is hereby created as a special fund in the State 11 Treasury. 12 (2) All fees shall be collected by the clerk of the 13 court and forwarded to the State Offender DNA 14 Identification System Fund for deposit. The clerk of the 15 circuit court may retain the amount of $10 from each 16 collected analysis fee to offset administrative costs 17 incurred in carrying out the clerk's responsibilities 18 under this Section. 19 (3) Fees deposited into the State Offender DNA 20 Identification System Fund shall be used by Illinois 21 State Police crime laboratories as designated by the 22 Director of State Police. These funds shall be in 23 addition to any allocations made pursuant to existing 24 laws and shall be designated for the exclusive use of 25 State crime laboratories. These uses may include, but 26 are not limited to, the following: 27 (A) Costs incurred in providing analysis and 28 genetic marker categorization as required by 29 subsection (d). 30 (B) Costs incurred in maintaining genetic 31 marker groupings as required by subsection (e). 32 (C) Costs incurred in the purchase and 33 maintenance of equipment for use in performing 34 analyses. HB0452 Engrossed -7- LRB9203896RCcd 1 (D) Costs incurred in continuing research and 2 development of new techniques for analysis and 3 genetic marker categorization. 4 (E) Costs incurred in continuing education, 5 training, and professional development of forensic 6 scientists regularly employed by these laboratories. 7 (l)(1)The failure of a person to provide a specimen, 8 or of any person or agency to collect a specimen, within the 9 45 day period shall in no way alter the obligation of the 10 person to submit such specimen, or the authority of the 11 Illinois Department of State Police or persons designated by 12 the Department to collect the specimen, or the authority of 13 the Illinois Department of State Police to accept, analyze 14 and maintain the specimen or to maintain or upload results of 15 genetic marker grouping analysis information into a State or 16 national database. 17 (Source: P.A. 90-124, eff. 1-1-98; 90-130, eff. 1-1-98; 18 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; 91-528, eff. 19 1-1-00; revised 6-13-00.) 20 Section 99. Effective date. This Act takes effect upon 21 becoming law.