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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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