TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: DEPARTMENT OF STATE POLICE
PART 1285 SAMPLE COLLECTION FOR GENETIC MARKER INDEXING
SECTION 1285.10 PURPOSE


 

Section 1285.10  Purpose

 

a)         The purpose of this Part is to provide procedures and define responsibilities for the collection of body fluid samples from offenders or other individuals eligible per statute for collection and databasing.  These samples are required by law to be collected to enable genetic marker grouping analysis and indexing.  The results shall be available for future criminal investigations and other forensic analysis purposes.  Genetic marker grouping analysis and indexing may include, but is not limited to, those procedures known as DNA profiling, DNA indexing, and other processes used to identify distinctive genetic characteristics.

 

b)         A match between casework evidence DNA samples from a criminal investigation and DNA samples from a state or federal offender DNA database may be used only to sustain probable cause for the issuance of a warrant to obtain a separate DNA sample for confirmation.

 

c)         If it is determined that a sample was not eligible for the database after the sample was matched during a search, the laboratory will proceed as if the sample was in fact eligible.  The profile will be removed from CODIS, and the sample will be retained until such time an expungement order is received.

 

(Source:  Amended at 36 Ill. Reg. 5610, effective March 26, 2012)