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91_SB0644enr
SB644 Enrolled LRB9104253RCcd
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, qualifying sexual offenses or institutionalized as
10 sexually dangerous; blood specimens; genetic marker groups.
11 (a) Any person convicted of, found guilty under the
12 Juvenile Court Act of 1987 delinquent for, or who received a
13 disposition of court supervision for, a qualifying sexual
14 offense or attempt of a qualifying sexual offense, or
15 institutionalized as a sexually dangerous person under the
16 Sexually Dangerous Persons Act, or committed as a sexually
17 violent person under the Sexually Violent Persons Commitment
18 Act shall, regardless of the sentence or disposition imposed,
19 be required to submit specimens of blood to the Illinois
20 Department of State Police in accordance with the provisions
21 of this Section, provided such person is:
22 (1) convicted of a qualifying sexual offense or
23 attempt of a qualifying sexual offense on or after the
24 effective date of this amendatory Act of 1989, and
25 sentenced to a term of imprisonment, periodic
26 imprisonment, fine, probation, conditional discharge or
27 any other form of sentence, or given a disposition of
28 court supervision for the offense, or
29 (1.5) found guilty or given supervision delinquent
30 under the Juvenile Court Act of 1987 for a qualifying
31 sexual offense or attempt of a qualifying sexual offense
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1 on or after the effective date of this amendatory Act of
2 1996, or
3 (2) ordered institutionalized as a sexually
4 dangerous person on or after the effective date of this
5 amendatory Act of 1989, or
6 (3) convicted of a qualifying sexual offense or
7 attempt of a qualifying sexual offense before the
8 effective date of this amendatory Act of 1989 and is
9 presently confined as a result of such conviction in any
10 State correctional facility or county jail or is
11 presently serving a sentence of probation, conditional
12 discharge or periodic imprisonment as a result of such
13 conviction, or
14 (4) presently institutionalized as a sexually
15 dangerous person or presently institutionalized as a
16 person found guilty but mentally ill of a sexual offense
17 or attempt to commit a sexual offense; or
18 (4.5) ordered committed as a sexually violent
19 person on or after the effective date of the Sexually
20 Violent Persons Commitment Act; or
21 (5) seeking transfer to or residency in Illinois
22 under Sections 3-3-11 through 3-3-11.5 of the Unified
23 Code of Corrections (Interstate Compact for the
24 Supervision of Parolees and Probationers) or the
25 Interstate Agreements on Sexually Dangerous Persons Act.
26 (a-5) Any person who was otherwise convicted of or
27 received a disposition of court supervision for any other
28 offense under the Criminal Code of 1961 or any offense
29 classified as a felony under Illinois law or who was found
30 guilty or given supervision for such a violation under the
31 Juvenile Court Act of 1987, may, regardless of the sentence
32 imposed, be required by an order of the court to submit
33 specimens of blood to the Illinois Department of State Police
34 in accordance with the provisions of this Section.
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1 (b) Any person required by paragraphs (a)(1), (a)(1.5),
2 and (a)(2), and (a-5) to provide specimens of blood shall
3 provide specimens of blood within 45 days after sentencing or
4 disposition at a collection site designated by the Illinois
5 Department of State Police.
6 (c) Any person required by paragraphs (a)(3), and (a)(4)
7 , and (a)(4.5) to provide specimens of blood shall be
8 required to provide such samples prior to final discharge,
9 parole, or release at a collection site designated by the
10 Illinois Department of State Police.
11 (c-5) Any person required by paragraph (a)(5) to provide
12 specimens of blood shall, where feasible, be required to
13 provide the specimens before being accepted for conditioned
14 residency in Illinois under the interstate compact or
15 agreement, but no later than 45 days after arrival in this
16 State.
17 (d) The Illinois Department of State Police shall
18 provide all equipment and instructions necessary for the
19 collection of blood samples. The collection of samples shall
20 be performed in a medically approved manner. Only a
21 physician authorized to practice medicine, a registered nurse
22 or other qualified person trained in venipuncture approved by
23 the Illinois Department of Public Health may withdraw blood
24 for the purposes of this Act. The samples shall thereafter
25 be forwarded to the Illinois Department of State Police,
26 Division of Forensic Services, for analysis and categorizing
27 into genetic marker groupings.
28 (e) The genetic marker groupings shall be maintained by
29 the Illinois Department of State Police, Division of Forensic
30 Services.
31 (f) The genetic marker grouping analysis information
32 obtained pursuant to this Act shall be confidential and shall
33 be released only to peace officers of the United States, of
34 other states or territories, of the insular possessions of
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1 the United States, of foreign countries duly authorized to
2 receive the same, to all peace officers of the State of
3 Illinois and to all prosecutorial agencies. Notwithstanding
4 any other statutory provision to the contrary, all
5 information obtained under this Section shall be maintained
6 in a single State data base, which may be uploaded into a
7 national database, and may not be subject to expungement.
8 (g) For the purposes of this Section, "qualifying sexual
9 Sections 11-6, 11-9.1, 11-11, 11-15.1, 11-17.1, 11-18.1,
12 11-19.1, 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15,
13 12-16, or 12-33 of the Criminal Code of 1961, or
14 (1.1) Any violation or inchoate violation of
15 Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
16 18-3, 18-4, 19-1, or 19-2 of the Criminal Code of 1961
17 committed on or after July 1, 2001, or
18 (2) Any former statute of this State which defined
19 a felony sexual offense, or
20 (3) Any violation of paragraph (10) of subsection
21 (b) of Section 10-5 of the Criminal Code of 1961 when the
22 sentencing court, upon a motion by the State's Attorney
23 or Attorney General, makes a finding that the child
24 luring involved an intent to commit sexual penetration or
25 sexual conduct as defined in Section 12-12 of the
26 Criminal Code of 1961.
27 (g-5) The Department of State Police is not required to
28 accept or process blood specimens from individuals convicted
29 of any offense listed in paragraph (1.1) of subsection (g),
30 until acquisition of the resources necessary to process such
31 blood specimens, or until July 1, 2003, whichever is earlier.
32 Upon acquisition of necessary resources, including an
33 appropriation for the purpose of implementing this amendatory
34 Act of the 91st General Assembly, but no later than July 1,
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1 2003, the Department of State Police shall notify the
2 Department of Corrections, the Administrative Office of the
3 Illinois Courts, and any other entity deemed appropriate by
4 the Department of State Police, that the Department is
5 prepared to receive and process blood specimens from
6 individuals convicted of offenses enumerated in paragraph
7 (1.1) of subsection (g).
8 (h) The Illinois Department of State Police shall be the
9 State central repository for all genetic marker grouping
10 analysis information obtained pursuant to this Act. The
11 Illinois Department of State Police may promulgate rules for
12 the form and manner of the collection of blood samples and
13 other procedures for the operation of this Act. The
14 provisions of the Administrative Review Law shall apply to
15 all actions taken under the rules so promulgated.
16 (i) A person required to provide a blood specimen shall
17 cooperate with the collection of the specimen and any
18 deliberate act by that person intended to impede, delay or
19 stop the collection of the blood specimen is a Class A
20 misdemeanor.
21 (j) Any person required by subsection (a) to submit
22 specimens of blood to the Illinois Department of State Police
23 for analysis and categorization into genetic marker grouping,
24 in addition to any other disposition, penalty, or fine
25 imposed, shall pay an analysis fee of $500. Upon verified
26 petition of the person, the court may suspend payment of all
27 or part of the fee if it finds that the person does not have
28 the ability to pay the fee.
29 (k) All analysis and categorization fees provided for by
30 subsection (j) shall be regulated as follows:
31 (1) The State Offender DNA Identification System
32 Fund is hereby created as a special fund in the State
33 Treasury.
34 (2) All fees shall be collected by the clerk of the
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1 court and forwarded to the State Offender DNA
2 Identification System Fund for deposit. The clerk of the
3 circuit court may retain the amount of $10 from each
4 collected analysis fee to offset administrative costs
5 incurred in carrying out the clerk's responsibilities
6 under this Section.
7 (3) Fees deposited into the State Offender DNA
8 Identification System Fund shall be used by Illinois
9 State Police crime laboratories as designated by the
10 Director of State Police. These funds shall be in
11 addition to any allocations made pursuant to existing
12 laws and shall be designated for the exclusive use of
13 State crime laboratories. These uses may include, but
14 are not limited to, the following:
15 (A) Costs incurred in providing analysis and
16 genetic marker categorization as required by
17 subsection (d).
18 (B) Costs incurred in maintaining genetic
19 marker groupings as required by subsection (e).
20 (C) Costs incurred in the purchase and
21 maintenance of equipment for use in performing
22 analyses.
23 (D) Costs incurred in continuing research and
24 development of new techniques for analysis and
25 genetic marker categorization.
26 (E) Costs incurred in continuing education,
27 training, and professional development of forensic
28 scientists regularly employed by these laboratories.
29 (1) The failure of a person to provide a specimen,
30 or of any person or agency to collect a specimen, within
31 the 45 day period shall in no way alter the obligation of
32 the person to submit such specimen, or the authority of
33 the Illinois Department of State Police or persons
34 designated by the Department to collect the specimen, or
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1 the authority of the Illinois Department of State Police
2 to accept, analyze and maintain the specimen or to
3 maintain or upload results of genetic marker grouping
4 analysis information into a State or national database.
5 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 12-13-95;
6 89-462, eff. 5-29-96; 89-550, eff. 1-1-97; 90-124, eff.
7 1-1-98; 90-130, eff. 1-1-98; 90-655, eff. 7-30-98, 90-793,
8 eff. 8-14-98.)
9 Section 99. Effective date. This Act takes effect on
10 January 1, 2000.
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