Rep. Jim Durkin
Filed: 4/19/2007
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1 | AMENDMENT TO HOUSE BILL 448
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2 | AMENDMENT NO. ______. Amend House Bill 448 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Department of State Police Law of the
Civil | ||||||
5 | Administrative Code of Illinois is amended by changing Section | ||||||
6 | 2605-40 as follows:
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7 | (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
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8 | Sec. 2605-40. Division of Forensic Services. | ||||||
9 | (a) The Division of
Forensic Services shall exercise the | ||||||
10 | following functions:
| ||||||
11 | (1) Exercise the rights, powers, and duties vested by
| ||||||
12 | law in the Department by the Criminal Identification Act.
| ||||||
13 | (2) Exercise the rights, powers, and duties vested by
| ||||||
14 | law in the Department by Section 2605-300 of this Law.
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15 | (3) Provide assistance to local law enforcement | ||||||
16 | agencies
through training, management, and consultant |
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1 | services.
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2 | (4) (Blank).
| ||||||
3 | (5) Exercise other duties that may be assigned by the | ||||||
4 | Director in
order to fulfill the responsibilities and | ||||||
5 | achieve the purposes of the
Department.
| ||||||
6 | (6) Establish and operate a forensic science | ||||||
7 | laboratory system,
including a forensic toxicological | ||||||
8 | laboratory service, for the purpose of
testing specimens | ||||||
9 | submitted by coroners and other law enforcement officers
in | ||||||
10 | their efforts to determine whether alcohol, drugs, or | ||||||
11 | poisonous or other
toxic substances have been involved in | ||||||
12 | deaths, accidents, or illness.
Forensic toxicological | ||||||
13 | laboratories shall be established in Springfield,
Chicago, | ||||||
14 | and elsewhere in the State as needed.
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15 | (7) Subject to specific appropriations made for these | ||||||
16 | purposes, establish
and coordinate a system for providing | ||||||
17 | accurate and expedited
forensic science and other | ||||||
18 | investigative and laboratory services to local law
| ||||||
19 | enforcement agencies and local State's Attorneys in aid of | ||||||
20 | the investigation
and trial of capital cases. | ||||||
21 | (b) When used in this Section, the following words and | ||||||
22 | terms shall have the meanings ascribed to them in this | ||||||
23 | subsection: | ||||||
24 | "Forensic laboratory" means any laboratory operated by the | ||||||
25 | Division of Forensic Services that performs forensic testing on | ||||||
26 | evidence in an investigation or other proceeding for the |
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1 | prosecution of a violation of the Criminal Code of 1961 or for | ||||||
2 | matters adjudicated under the Juvenile Court Act of 1987. | ||||||
3 | "Forensic testing" includes the analysis of physical | ||||||
4 | evidence in an investigation or other proceeding for the | ||||||
5 | prosecution of a violation of the Criminal Code of 1961 or for | ||||||
6 | matters adjudicated under the Juvenile Court Act of 1987, and | ||||||
7 | includes the use of forensic databases and databanks, including | ||||||
8 | DNA, firearm, and fingerprint databases, and expert testimony. | ||||||
9 | "Private laboratory" or "subcontractor" means any | ||||||
10 | laboratory operated by any entity other than the Division of | ||||||
11 | Forensic Services of the Illinois State Police that performs | ||||||
12 | forensic testing on evidence in an investigation or other | ||||||
13 | proceeding for the prosecution of a violation of the Criminal | ||||||
14 | Code of 1961 or for matters adjudicated under the Juvenile | ||||||
15 | Court Act of 1987.
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16 | "ASCLD/LAB" means a laboratory which is accredited by the | ||||||
17 | American Society of Crime Laboratory Directors Accreditation | ||||||
18 | Board.
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19 | "ISO accreditation" means accreditation under standard | ||||||
20 | 17025 of the International Organization for Standardization. | ||||||
21 | (c) A forensic laboratory authorized under this Section | ||||||
22 | must establish and carry out procedures to ensure, upon | ||||||
23 | subpoena request by prosecution or defense counsel, complete | ||||||
24 | disclosure in legal proceedings. Disclosure shall include all | ||||||
25 | reports, notes, and conversation logs, quality assurance and | ||||||
26 | quality control (QA/QC) documentation, protocol and procedure |
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1 | manuals, command directives and other statements of procedure | ||||||
2 | and policy relating to forensic testing, validation studies, | ||||||
3 | documentation relating to corrective actions and remedial | ||||||
4 | actions, incidents, incident logs, errors, and incidents of | ||||||
5 | contamination, proficiency tests, and results, unless the | ||||||
6 | disclosure would be burdensome or duplicative, or both, and is | ||||||
7 | relevant to the case in which the subpoena has been issued. | ||||||
8 | This disclosure obligation also applies to any subcontractors | ||||||
9 | used by the forensic laboratory to undertake forensic | ||||||
10 | examinations. Forensic laboratories shall also ensure | ||||||
11 | prosecution and defense counsel reasonable access to interview | ||||||
12 | personnel involved in the pending case. This shall include | ||||||
13 | cases that the laboratory sends to private laboratories as | ||||||
14 | subcontractors. Costs for discovery materials shall be borne by | ||||||
15 | the requesting party. Disclosure shall be limited to the | ||||||
16 | documents and personnel used in the pending case unless a court | ||||||
17 | determines that additional discovery is material and relevant.
| ||||||
18 | (Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00; 91-589, | ||||||
19 | eff. 1-1-00;
91-760, eff. 1-1-01.)
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20 | Section 10. The Code of Criminal Procedure of 1963 is | ||||||
21 | amended by changing Section 116-3 as follows: | ||||||
22 | (725 ILCS 5/116-3)
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23 | Sec. 116-3. Motion for fingerprint or forensic testing not | ||||||
24 | available at
trial regarding
actual innocence.
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1 | (a) A defendant may make a motion before the trial court | ||||||
2 | that entered the
judgment of conviction in his or her case for | ||||||
3 | the performance of fingerprint or
forensic DNA testing, | ||||||
4 | including comparison analysis of genetic marker
groupings of | ||||||
5 | the evidence collected by criminal justice agencies pursuant to
| ||||||
6 | the alleged offense, to those of the defendant, to those of | ||||||
7 | other forensic
evidence, and to those maintained
under | ||||||
8 | subsection (f) of Section 5-4-3 of the Unified Code of | ||||||
9 | Corrections,
on evidence that was secured in relation
to the | ||||||
10 | trial which resulted in his or her conviction, but which was | ||||||
11 | not subject
to the testing which is now requested because the | ||||||
12 | technology for the testing
was not available at the time of | ||||||
13 | trial. Reasonable notice of the motion shall
be served upon the | ||||||
14 | State.
| ||||||
15 | (b) The defendant must present a prima facie case that:
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16 | (1) identity was the issue in the trial which resulted | ||||||
17 | in his or her
conviction; and
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18 | (2) the evidence to be tested has been subject to a | ||||||
19 | chain of custody
sufficient to establish that it has not | ||||||
20 | been substituted, tampered with,
replaced, or altered in | ||||||
21 | any material aspect.
| ||||||
22 | (c) The trial court shall allow the testing under | ||||||
23 | reasonable conditions
designed to protect the State's | ||||||
24 | interests in the integrity of the evidence and
the testing | ||||||
25 | process upon a determination that:
| ||||||
26 | (1) the result of the testing has the scientific |
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1 | potential to produce
new, noncumulative evidence | ||||||
2 | materially relevant to the defendant's assertion of
actual | ||||||
3 | innocence even though the results may not completely | ||||||
4 | exonerate the
defendant;
| ||||||
5 | (2) the testing requested employs a scientific method | ||||||
6 | generally accepted
within the relevant scientific | ||||||
7 | community ; and
.
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8 | (3) when forensic DNA testing is requested, and the | ||||||
9 | testing is to be performed on or after the effective date | ||||||
10 | of this amendatory Act of the 95th General Assembly, the | ||||||
11 | forensic DNA testing shall be performed by a forensic | ||||||
12 | laboratory, private laboratory, or subcontractor as | ||||||
13 | defined under Section 2605-40 of the Department of State | ||||||
14 | Police Law of the
Civil Administrative Code of Illinois, | ||||||
15 | and shall be an American Society of Crime Laboratory | ||||||
16 | Directors/Laboratory Accreditation Board (ASCLD/LAB) | ||||||
17 | accredited laboratory or an International Organization for | ||||||
18 | Standardization (ISO) accredited laboratory, unless upon | ||||||
19 | written motion and after hearing arguments or evidence, or | ||||||
20 | both, the court may order the DNA testing be performed by a | ||||||
21 | laboratory that is not ASCLD/LAB or ISO accredited.
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22 | (Source: P.A. 93-605, eff. 11-19-03.)
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23 | Section 15. The Unified Code of Corrections is amended by | ||||||
24 | changing Section 5-4-3 as follows:
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1 | (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
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2 | Sec. 5-4-3. Persons convicted of, or found delinquent for, | ||||||
3 | certain
offenses or institutionalized as sexually dangerous; | ||||||
4 | specimens;
genetic marker groups. | ||||||
5 | (a) Any person convicted of, found guilty under the | ||||||
6 | Juvenile Court Act of
1987 for, or who received a disposition | ||||||
7 | of court supervision for, a qualifying
offense or attempt of a | ||||||
8 | qualifying offense, convicted or found guilty of any
offense | ||||||
9 | classified as a felony under Illinois law, convicted or found | ||||||
10 | guilty of any offense requiring registration under the Sex | ||||||
11 | Offender Registration Act, found guilty or given
supervision | ||||||
12 | for any offense classified as a felony under the Juvenile Court | ||||||
13 | Act
of 1987, convicted or found guilty of, under the Juvenile | ||||||
14 | Court Act of 1987, any offense requiring registration under the | ||||||
15 | Sex Offender Registration Act, or institutionalized as a | ||||||
16 | sexually dangerous person under the Sexually
Dangerous Persons | ||||||
17 | Act, or committed as a sexually violent person under the
| ||||||
18 | Sexually Violent Persons Commitment Act shall, regardless of | ||||||
19 | the sentence or
disposition imposed, be required to submit | ||||||
20 | specimens of blood, saliva, or
tissue to the Illinois | ||||||
21 | Department of State Police in accordance with the
provisions of | ||||||
22 | this Section, provided such person is:
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23 | (1) convicted of a qualifying offense or attempt of a | ||||||
24 | qualifying offense
on or after July 1, 1990 and sentenced | ||||||
25 | to a term of imprisonment, periodic imprisonment, fine,
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26 | probation, conditional discharge or any other form of |
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1 | sentence, or given a
disposition of court supervision for | ||||||
2 | the offense;
| ||||||
3 | (1.5) found guilty or given supervision under the | ||||||
4 | Juvenile Court Act of
1987 for a qualifying offense or | ||||||
5 | attempt of a qualifying offense on or after
January 1, | ||||||
6 | 1997;
| ||||||
7 | (2) ordered institutionalized as a sexually dangerous | ||||||
8 | person on or after
July 1, 1990;
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9 | (3) convicted of a qualifying offense or attempt of a | ||||||
10 | qualifying offense
before July 1, 1990
and is presently | ||||||
11 | confined as a result of such conviction in any State
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12 | correctional facility or county jail or is presently | ||||||
13 | serving a sentence of
probation, conditional discharge or | ||||||
14 | periodic imprisonment as a result of such
conviction;
| ||||||
15 | (3.5) convicted or found guilty of any offense | ||||||
16 | classified as a felony
under Illinois law or found guilty | ||||||
17 | or given supervision for such an offense
under the Juvenile | ||||||
18 | Court Act of 1987 on or after August 22, 2002;
| ||||||
19 | (4) presently institutionalized as a sexually | ||||||
20 | dangerous person or
presently institutionalized as a | ||||||
21 | person found guilty but mentally ill of a
sexual offense or | ||||||
22 | attempt to commit a sexual offense;
| ||||||
23 | (4.5) ordered committed as a sexually violent person on | ||||||
24 | or after the
effective date of the Sexually Violent Persons | ||||||
25 | Commitment Act; or
| ||||||
26 | (5) seeking transfer to or residency in Illinois under |
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1 | Sections 3-3-11.05
through 3-3-11.5 of the Unified Code of | ||||||
2 | Corrections and the Interstate Compact
for Adult Offender | ||||||
3 | Supervision or the Interstate Agreements on Sexually
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4 | Dangerous Persons Act.
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5 | Notwithstanding other provisions of this Section, any | ||||||
6 | person incarcerated in
a facility of the Illinois Department of | ||||||
7 | Corrections on or after August 22,
2002 shall be required to | ||||||
8 | submit a specimen of blood, saliva, or tissue
prior to his or | ||||||
9 | her final discharge or release on parole or mandatory
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10 | supervised release, as a
condition of his or her parole or | ||||||
11 | mandatory supervised release.
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12 | Notwithstanding other provisions of this Section, any | ||||||
13 | person sentenced to life imprisonment in a facility of the | ||||||
14 | Illinois Department of Corrections after the effective date of | ||||||
15 | this amendatory Act of the 94th General Assembly or sentenced | ||||||
16 | to death after the effective date of this amendatory Act of the | ||||||
17 | 94th General Assembly shall be required to provide a specimen | ||||||
18 | of blood, saliva, or tissue within 45 days after sentencing or | ||||||
19 | disposition , or within 30 days after sentencing or disposition | ||||||
20 | and receipt by the Department thereof if the sentence or | ||||||
21 | disposition occurred on or after the effective date of this | ||||||
22 | amendatory Act of the 95th General Assembly, at a collection | ||||||
23 | site designated by the Illinois Department of State Police. Any | ||||||
24 | person serving a sentence of life imprisonment in a facility of | ||||||
25 | the Illinois Department of Corrections on the effective date of | ||||||
26 | this amendatory Act of the 94th General Assembly or any person |
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| |||||||
1 | who is under a sentence of death on the effective date of this | ||||||
2 | amendatory Act of the 94th General Assembly shall be required | ||||||
3 | to provide a specimen of blood, saliva, or tissue upon request | ||||||
4 | at a collection site designated by the Illinois Department of | ||||||
5 | State Police.
| ||||||
6 | (a-5) Any person who was otherwise convicted of or received | ||||||
7 | a disposition
of court supervision for any other offense under | ||||||
8 | the Criminal Code of 1961 or
who was found guilty or given | ||||||
9 | supervision for such a violation under the
Juvenile Court Act | ||||||
10 | of 1987, may, regardless of the sentence imposed, be
required | ||||||
11 | by an order of the court to submit specimens of blood, saliva, | ||||||
12 | or
tissue to the Illinois Department of State Police in | ||||||
13 | accordance with the
provisions of this Section.
| ||||||
14 | (b) Any person required by paragraphs (a)(1), (a)(1.5), | ||||||
15 | (a)(2), (a)(3.5),
and (a-5) to provide specimens of blood, | ||||||
16 | saliva, or tissue shall provide
specimens of blood, saliva, or | ||||||
17 | tissue within 45 days after sentencing or
disposition at a | ||||||
18 | collection site designated by the Illinois Department of
State | ||||||
19 | Police.
| ||||||
20 | (c) Any person required by paragraphs (a)(3), (a)(4), and | ||||||
21 | (a)(4.5) to
provide specimens of blood, saliva, or tissue shall | ||||||
22 | be required to provide
such samples prior to final discharge, | ||||||
23 | parole, or release at a collection
site designated by the | ||||||
24 | Illinois Department of State Police.
| ||||||
25 | (c-5) Any person required by paragraph (a)(5) to provide | ||||||
26 | specimens of
blood, saliva, or tissue shall, where feasible, be |
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1 | required to provide the
specimens before being accepted for | ||||||
2 | conditioned residency in Illinois under
the interstate compact | ||||||
3 | or agreement, but no later than 45 days after arrival
in this | ||||||
4 | State.
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5 | (c-6) The Illinois Department of State Police may determine | ||||||
6 | which type of
specimen or specimens, blood, saliva, or tissue, | ||||||
7 | is acceptable for submission
to the Division of Forensic | ||||||
8 | Services for analysis.
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9 | (d) The Illinois Department of State Police shall provide | ||||||
10 | all equipment
and instructions necessary for the collection of | ||||||
11 | blood samples.
The collection of samples shall be performed in | ||||||
12 | a medically approved
manner. Only a physician authorized to | ||||||
13 | practice medicine, a registered
nurse or other qualified person | ||||||
14 | trained in venipuncture may withdraw blood
for the purposes of | ||||||
15 | this Act. The samples
shall thereafter be forwarded to the | ||||||
16 | Illinois Department of State Police,
Division of Forensic | ||||||
17 | Services, for analysis and
categorizing into genetic marker | ||||||
18 | groupings.
| ||||||
19 | (d-1) The Illinois Department of State Police shall provide | ||||||
20 | all equipment
and instructions necessary for the collection of | ||||||
21 | saliva samples. The
collection of saliva samples shall be | ||||||
22 | performed in a medically approved manner.
Only a person trained | ||||||
23 | in the instructions promulgated by the Illinois State
Police on | ||||||
24 | collecting saliva may collect saliva for the purposes of this
| ||||||
25 | Section. The samples shall thereafter be forwarded to the | ||||||
26 | Illinois Department
of State Police, Division of Forensic |
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| |||||||
1 | Services, for analysis and categorizing
into genetic marker | ||||||
2 | groupings.
| ||||||
3 | (d-2) The Illinois Department of State Police shall provide | ||||||
4 | all equipment
and instructions necessary for the collection of | ||||||
5 | tissue samples. The
collection of tissue samples shall be | ||||||
6 | performed in a medically approved
manner. Only a person trained | ||||||
7 | in the instructions promulgated by the Illinois
State Police on | ||||||
8 | collecting tissue may collect tissue for the purposes of this
| ||||||
9 | Section. The samples shall thereafter be forwarded to the | ||||||
10 | Illinois Department
of State Police, Division of Forensic | ||||||
11 | Services, for analysis and categorizing
into genetic marker | ||||||
12 | groupings.
| ||||||
13 | (d-5) To the extent that funds are available, the Illinois | ||||||
14 | Department of
State Police shall contract with qualified | ||||||
15 | personnel and certified laboratories
for the collection, | ||||||
16 | analysis, and categorization of known samples , except as | ||||||
17 | provided in subsection (n) of this Section .
| ||||||
18 | (d-6) Agencies designated by the Illinois Department of | ||||||
19 | State Police and
the Illinois Department of State Police may | ||||||
20 | contract with third parties to
provide for the collection or | ||||||
21 | analysis of DNA, or both, of an offender's blood,
saliva, and | ||||||
22 | tissue samples , except as provided in subsection (n) of this | ||||||
23 | Section .
| ||||||
24 | (e) The genetic marker groupings shall be maintained by the | ||||||
25 | Illinois
Department of State Police, Division of Forensic | ||||||
26 | Services.
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1 | (f) The genetic marker grouping analysis information | ||||||
2 | obtained pursuant
to this Act shall be confidential and shall | ||||||
3 | be released only to peace
officers of the United States, of | ||||||
4 | other states or territories, of the
insular possessions of the | ||||||
5 | United States, of foreign countries duly
authorized to receive | ||||||
6 | the same, to all peace officers of the State of
Illinois and to | ||||||
7 | all prosecutorial agencies, and to defense counsel as
provided | ||||||
8 | by Section 116-5 of the Code of Criminal Procedure of 1963.
The | ||||||
9 | genetic marker grouping analysis information obtained pursuant | ||||||
10 | to
this Act shall be used only for (i) valid law enforcement | ||||||
11 | identification
purposes and as required by the Federal Bureau | ||||||
12 | of Investigation for
participation in the National DNA | ||||||
13 | database, (ii) technology
validation
purposes, (iii) a | ||||||
14 | population statistics database, (iv) quality
assurance
| ||||||
15 | purposes if personally identifying information is removed,
(v) | ||||||
16 | assisting in the defense of the criminally accused pursuant
to
| ||||||
17 | Section 116-5 of the Code of Criminal Procedure of 1963, or | ||||||
18 | (vi) identifying and assisting in the prosecution of a person | ||||||
19 | who is suspected of committing a sexual assault as defined in | ||||||
20 | Section 1a of the Sexual Assault Survivors Emergency Treatment | ||||||
21 | Act. Notwithstanding
any other statutory provision to the | ||||||
22 | contrary,
all information obtained under this Section shall be | ||||||
23 | maintained in a single
State data base, which may be uploaded | ||||||
24 | into a national database, and which
information may be subject | ||||||
25 | to expungement only as set forth in subsection
(f-1).
| ||||||
26 | (f-1) Upon receipt of notification of a reversal of a |
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| |||||||
1 | conviction based on
actual innocence, or of the granting of a | ||||||
2 | pardon pursuant to Section 12 of
Article V of the Illinois | ||||||
3 | Constitution, if that pardon document specifically
states that | ||||||
4 | the reason for the pardon is the actual innocence of an | ||||||
5 | individual
whose DNA record has been stored in the State or | ||||||
6 | national DNA identification
index in accordance with this | ||||||
7 | Section by the Illinois Department of State
Police, the DNA | ||||||
8 | record shall be expunged from the DNA identification index, and
| ||||||
9 | the Department shall by rule prescribe procedures to ensure | ||||||
10 | that the record and
any samples, analyses, or other documents | ||||||
11 | relating to such record, whether in
the possession of the | ||||||
12 | Department or any law enforcement or police agency, or
any | ||||||
13 | forensic DNA laboratory, including any duplicates or copies | ||||||
14 | thereof, are
destroyed and a letter is sent to the court | ||||||
15 | verifying the expungement is
completed.
| ||||||
16 | (f-5) Any person who intentionally uses genetic marker | ||||||
17 | grouping analysis
information, or any other information | ||||||
18 | derived from a DNA sample, beyond the
authorized uses as | ||||||
19 | provided under this Section, or any other Illinois law, is
| ||||||
20 | guilty of a Class 4 felony, and shall be subject to a fine of | ||||||
21 | not less than
$5,000.
| ||||||
22 | (f-6) The Illinois Department of State Police may contract | ||||||
23 | with third
parties for the purposes of implementing this | ||||||
24 | amendatory Act of the 93rd
General Assembly , except as provided | ||||||
25 | in subsection (n) of this Section . Any other party contracting | ||||||
26 | to carry out the functions of
this Section shall be subject to |
| |||||||
| |||||||
1 | the same restrictions and requirements of this
Section insofar | ||||||
2 | as applicable, as the Illinois Department of State Police, and
| ||||||
3 | to any additional restrictions imposed by the Illinois | ||||||
4 | Department of State
Police.
| ||||||
5 | (g) For the purposes of this Section, "qualifying offense" | ||||||
6 | means any of
the following:
| ||||||
7 | (1) any violation or inchoate violation of Section | ||||||
8 | 11-6, 11-9.1, 11-11,
11-18.1, 12-15, or 12-16 of the | ||||||
9 | Criminal Code of 1961;
| ||||||
10 | (1.1) any violation or inchoate violation of Section | ||||||
11 | 9-1, 9-2, 10-1,
10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, | ||||||
12 | 18-4, 19-1, or 19-2 of the Criminal
Code of 1961 for which | ||||||
13 | persons are convicted on or after July 1, 2001;
| ||||||
14 | (2) any former statute of this State which defined a | ||||||
15 | felony sexual
offense;
| ||||||
16 | (3) (blank);
| ||||||
17 | (4) any inchoate violation of Section 9-3.1, 11-9.3, | ||||||
18 | 12-7.3, or 12-7.4 of
the Criminal Code of 1961; or
| ||||||
19 | (5) any violation or inchoate violation of Article 29D | ||||||
20 | of the Criminal
Code of 1961.
| ||||||
21 | (g-5) (Blank).
| ||||||
22 | (h) The Illinois Department of State Police shall be the | ||||||
23 | State central
repository for all genetic marker grouping | ||||||
24 | analysis information obtained
pursuant to this Act. The | ||||||
25 | Illinois Department of State Police may
promulgate rules for | ||||||
26 | the form and manner of the collection of blood, saliva,
or |
| |||||||
| |||||||
1 | tissue samples and other procedures for the operation of this | ||||||
2 | Act. The
provisions of the Administrative Review Law shall | ||||||
3 | apply to all actions taken
under the rules so promulgated.
| ||||||
4 | (i) (1) A person required to provide a blood, saliva, or | ||||||
5 | tissue specimen
shall
cooperate with the collection of the | ||||||
6 | specimen and any deliberate act by
that person intended to | ||||||
7 | impede, delay or stop the collection of the blood,
saliva, | ||||||
8 | or tissue specimen is a Class A misdemeanor.
| ||||||
9 | (2) In the event that a person's DNA sample is not | ||||||
10 | adequate for any
reason, the person shall provide another | ||||||
11 | DNA sample for analysis. Duly
authorized law
enforcement | ||||||
12 | and corrections personnel may employ reasonable force in | ||||||
13 | cases in
which an individual refuses to provide a DNA | ||||||
14 | sample required under this
Act.
| ||||||
15 | (j) Any person required by subsection (a) to submit | ||||||
16 | specimens of blood,
saliva, or tissue to
the Illinois | ||||||
17 | Department of State Police for analysis and categorization into
| ||||||
18 | genetic marker grouping, in addition to any other disposition, | ||||||
19 | penalty, or
fine imposed, shall pay an analysis fee of $200. If | ||||||
20 | the analysis fee is not
paid at the time of sentencing, the | ||||||
21 | court shall establish a fee schedule by
which the entire amount | ||||||
22 | of the analysis fee shall be paid in full, such
schedule not to | ||||||
23 | exceed 24 months from the time of conviction. The inability to
| ||||||
24 | pay this analysis fee shall not be the sole ground to | ||||||
25 | incarcerate the person.
| ||||||
26 | (k) All analysis and categorization fees provided for by |
| |||||||
| |||||||
1 | subsection (j)
shall be regulated as follows:
| ||||||
2 | (1) The State Offender DNA Identification System Fund | ||||||
3 | is hereby created as
a special fund in the State Treasury.
| ||||||
4 | (2) All fees shall be collected by the clerk of the | ||||||
5 | court and forwarded to
the State Offender DNA | ||||||
6 | Identification System Fund for deposit. The
clerk of the | ||||||
7 | circuit court may retain the amount of $10 from each | ||||||
8 | collected
analysis fee to offset administrative costs | ||||||
9 | incurred in carrying out the
clerk's responsibilities | ||||||
10 | under this Section.
| ||||||
11 | (3) Fees deposited into the State Offender DNA | ||||||
12 | Identification System Fund
shall be used by Illinois State | ||||||
13 | Police crime laboratories as designated by the
Director of | ||||||
14 | State Police. These funds shall be in addition to any | ||||||
15 | allocations
made pursuant to existing laws and shall be | ||||||
16 | designated for the exclusive use of
State crime | ||||||
17 | laboratories. These uses may include, but are not limited | ||||||
18 | to, the
following:
| ||||||
19 | (A) Costs incurred in providing analysis and | ||||||
20 | genetic marker
categorization as required by | ||||||
21 | subsection (d).
| ||||||
22 | (B) Costs incurred in maintaining genetic marker | ||||||
23 | groupings as required
by subsection (e).
| ||||||
24 | (C) Costs incurred in the purchase and maintenance | ||||||
25 | of equipment for use
in performing analyses.
| ||||||
26 | (D) Costs incurred in continuing research and |
| |||||||
| |||||||
1 | development of new
techniques for analysis and genetic | ||||||
2 | marker categorization.
| ||||||
3 | (E) Costs incurred in continuing education, | ||||||
4 | training, and professional
development of forensic | ||||||
5 | scientists regularly employed by these laboratories.
| ||||||
6 | (l) The failure of a person to provide a specimen, or of | ||||||
7 | any person or
agency to collect a specimen, within the 45 day
| ||||||
8 | period or periods specified by this Section shall in no way | ||||||
9 | alter
the obligation of the person to submit such specimen, or | ||||||
10 | the authority of the
Illinois Department of State Police or | ||||||
11 | persons designated by the Department to
collect the specimen, | ||||||
12 | or the authority of the Illinois Department of State
Police to | ||||||
13 | accept, analyze and maintain the specimen or to maintain or | ||||||
14 | upload
results of genetic marker grouping analysis information | ||||||
15 | into a State or
national database.
| ||||||
16 | (m) If any provision of this amendatory Act of the 93rd | ||||||
17 | General Assembly
is
held unconstitutional or otherwise | ||||||
18 | invalid, the remainder of this amendatory
Act
of the 93rd | ||||||
19 | General Assembly is not affected.
| ||||||
20 | (n) Neither the Department of State Police, the Division of | ||||||
21 | Forensic Services, nor any laboratory of the Division of | ||||||
22 | Forensic Services may contract out forensic testing, as defined | ||||||
23 | in Section 2605-40 of the Department of State Police Law of the
| ||||||
24 | Civil Administrative Code of Illinois, for the purpose of an | ||||||
25 | active investigation or a matter pending before a court of | ||||||
26 | competent jurisdiction without the written consent of the |
| |||||||
| |||||||
1 | prosecuting agency. | ||||||
2 | (o) On and after the effective date of this amendatory Act | ||||||
3 | of the 95th General Assembly, the Illinois Department of State | ||||||
4 | Police shall, within 30 days after sentencing, collect and | ||||||
5 | analyze DNA samples required to be submitted by a person | ||||||
6 | described in subsection (a) who has been convicted of a felony.
| ||||||
7 | (Source: P.A. 93-216, eff. 1-1-04; 93-605, eff. 11-19-03; | ||||||
8 | 93-781, eff. 1-1-05; 94-16, eff. 6-13-05; 94-1018, eff. | ||||||
9 | 1-1-07.)".
|