Sen. Matt Murphy
Filed: 5/26/2009
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 935
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 935 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Criminal Code of 1961 is amended by | ||||||
5 | changing Section 31-4 as follows:
| ||||||
6 | (720 ILCS 5/31-4) (from Ch. 38, par. 31-4)
| ||||||
7 | Sec. 31-4. Obstructing justice.
| ||||||
8 | (a) A person obstructs justice when, with intent to prevent | ||||||
9 | the apprehension
or obstruct the prosecution or defense of any | ||||||
10 | person, he knowingly commits
any of the following acts:
| ||||||
11 | (1)
(a) Destroys, alters, conceals or disguises physical | ||||||
12 | evidence, plants
false evidence, furnishes false information; | ||||||
13 | or
| ||||||
14 | (2)
(b) Induces a witness having knowledge material to the | ||||||
15 | subject at issue
to leave the State or conceal himself; or
| ||||||
16 | (3)
(c) Possessing knowledge material to the subject at |
| |||||||
| |||||||
1 | issue, he leaves the
State or conceals himself ; or .
| ||||||
2 | (4) Destroys, alters, conceals, disguises, or otherwise | ||||||
3 | tampers with samples collected under Section 107-2.5 of the | ||||||
4 | Code of Criminal Procedure of 1963 or Section 5-4-3 of the | ||||||
5 | Unified Code of Corrections.
| ||||||
6 | (b)
(d) Sentence.
| ||||||
7 | (1) Obstructing justice is a Class 4 felony, except as | ||||||
8 | provided in
paragraph (2) of this subsection (b)
(d) .
| ||||||
9 | (2) Obstructing justice in furtherance of streetgang | ||||||
10 | related or
gang-related activity, as defined in Section 10 | ||||||
11 | of the Illinois Streetgang
Terrorism Omnibus Prevention | ||||||
12 | Act, is a Class 3 felony. Obstructing justice in violation | ||||||
13 | of paragraph (a)(4) is a Class 3 felony.
| ||||||
14 | (Source: P.A. 90-363, eff. 1-1-98.)
| ||||||
15 | Section 10. The Code of Criminal Procedure of 1963 is | ||||||
16 | amended by adding Section 107-2.5 as follows: | ||||||
17 | (725 ILCS 5/107-2.5 new) | ||||||
18 | Sec. 107-2.5. DNA fingerprinting analysis. | ||||||
19 | (a) A law enforcement agency shall take a sample of a | ||||||
20 | person's saliva or tissue for DNA fingerprinting analysis, | ||||||
21 | after a judicial probable cause determination under Section | ||||||
22 | 109-3 of this Code or return of an indictment by a grand jury | ||||||
23 | against the person on a charge of committing a felony offense. | ||||||
24 | For the purposes of this Section, DNA fingerprinting is for the |
| |||||||
| |||||||
1 | purpose of determining identity and for the purposes specified | ||||||
2 | in this Section and subsection (f) of Section 5-4-3 of the | ||||||
3 | Unified Code of Corrections. Any law enforcement agency | ||||||
4 | extracting DNA samples under this Section shall be required to | ||||||
5 | follow all written rules and regulations for the collection, | ||||||
6 | storage, and processing of those samples promulgated by the | ||||||
7 | Department of State Police, including procedures to verify that | ||||||
8 | the person's sample is not already on file with the Department. | ||||||
9 | The analysis shall be performed by the Department of State | ||||||
10 | Police or a specific agent approved by the Department of State | ||||||
11 | Police. The identification characteristics resulting from the | ||||||
12 | DNA analysis shall be stored and maintained by the Department | ||||||
13 | of State Police or the specific agent approved by the | ||||||
14 | Department. All results developed from collected DNA samples | ||||||
15 | shall be subject to any and all confidentiality provisions of | ||||||
16 | State and federal laws. The specific agent approved by the | ||||||
17 | Department of State Police to store and analyze DNA samples | ||||||
18 | shall be required to meet all Illinois State Police laboratory | ||||||
19 | accreditation requirements and shall properly forward the | ||||||
20 | results of the DNA analysis to the Department of State Police. | ||||||
21 | (b) If charges are dismissed or an individual is found not | ||||||
22 | guilty, any expungement of that person's DNA sample shall be in | ||||||
23 | accordance with the procedures set forth in Section 5 of the | ||||||
24 | Criminal Identification Act upon notification to the | ||||||
25 | Department of State Police by the court system. | ||||||
26 | (c) Subject to appropriation, the Department of State |
| |||||||
| |||||||
1 | Police shall implement this Section no later than the earlier | ||||||
2 | of the following:
(1) the date on which the Department of State | ||||||
3 | Police informs law enforcement agencies that the Department is | ||||||
4 | ready to collect samples; or
(2) January 1, 2012. | ||||||
5 | Section 15. 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 for, | ||||||
9 | certain
offenses or institutionalized as sexually dangerous; | ||||||
10 | specimens;
genetic marker groups. | ||||||
11 | (a) Any person convicted of, found guilty under the | ||||||
12 | Juvenile Court Act of
1987 for, or who received a disposition | ||||||
13 | of court supervision for, a qualifying
offense or attempt of a | ||||||
14 | qualifying offense, after a probable cause determination or | ||||||
15 | return of an indictment or convicted or found guilty of any
| ||||||
16 | offense classified as a felony under Illinois law, convicted or | ||||||
17 | found guilty of any offense requiring registration under the | ||||||
18 | Sex Offender Registration Act, found guilty or given
| ||||||
19 | supervision for any offense classified as a felony under the | ||||||
20 | Juvenile Court Act
of 1987, convicted or found guilty of, under | ||||||
21 | the Juvenile Court Act of 1987, any offense requiring | ||||||
22 | registration under the Sex Offender Registration Act, or | ||||||
23 | institutionalized as a sexually dangerous person under the | ||||||
24 | Sexually
Dangerous Persons Act, or committed as a sexually |
| |||||||
| |||||||
1 | violent person under the
Sexually Violent Persons Commitment | ||||||
2 | Act shall, regardless of the sentence or
disposition imposed, | ||||||
3 | be required to submit specimens of blood, saliva, or
tissue to | ||||||
4 | the Illinois Department of State Police in accordance with the
| ||||||
5 | provisions of this Section, provided such person is:
| ||||||
6 | (1) convicted of a qualifying offense or attempt of a | ||||||
7 | qualifying offense
on or after July 1, 1990 and sentenced | ||||||
8 | to a term of imprisonment, periodic imprisonment, fine,
| ||||||
9 | probation, conditional discharge or any other form of | ||||||
10 | sentence, or given a
disposition of court supervision for | ||||||
11 | the offense;
| ||||||
12 | (1.5) found guilty or given supervision under the | ||||||
13 | Juvenile Court Act of
1987 for a qualifying offense or | ||||||
14 | attempt of a qualifying offense on or after
January 1, | ||||||
15 | 1997;
| ||||||
16 | (2) ordered institutionalized as a sexually dangerous | ||||||
17 | person on or after
July 1, 1990;
| ||||||
18 | (3) convicted of a qualifying offense or attempt of a | ||||||
19 | qualifying offense
before July 1, 1990
and is presently | ||||||
20 | confined as a result of such conviction in any State
| ||||||
21 | correctional facility or county jail or is presently | ||||||
22 | serving a sentence of
probation, conditional discharge or | ||||||
23 | periodic imprisonment as a result of such
conviction;
| ||||||
24 | (3.5) convicted or found guilty of any offense | ||||||
25 | classified as a felony
under Illinois law or found guilty | ||||||
26 | or given supervision for such an offense
under the Juvenile |
| |||||||
| |||||||
1 | Court Act of 1987 on or after August 22, 2002;
| ||||||
2 | (4) presently institutionalized as a sexually | ||||||
3 | dangerous person or
presently institutionalized as a | ||||||
4 | person found guilty but mentally ill of a
sexual offense or | ||||||
5 | attempt to commit a sexual offense;
| ||||||
6 | (4.5) ordered committed as a sexually violent person on | ||||||
7 | or after the
effective date of the Sexually Violent Persons | ||||||
8 | Commitment Act; or
| ||||||
9 | (5) seeking transfer to or residency in Illinois under | ||||||
10 | Sections 3-3-11.05
through 3-3-11.5 of the Unified Code of | ||||||
11 | Corrections and the Interstate Compact
for Adult Offender | ||||||
12 | Supervision or the Interstate Agreements on Sexually
| ||||||
13 | Dangerous Persons Act ; or
.
| ||||||
14 | (6) after a judicial probable cause determination or | ||||||
15 | return of an indictment on a charge of committing a felony | ||||||
16 | offense on or after the operative date of Section 107-2.5 | ||||||
17 | of the Code of Criminal Procedure of 1963.
| ||||||
18 | Notwithstanding other provisions of this Section, any | ||||||
19 | person incarcerated in
a facility of the Illinois Department of | ||||||
20 | Corrections on or after August 22,
2002 shall be required to | ||||||
21 | submit a specimen of blood, saliva, or tissue
prior to his or | ||||||
22 | her final discharge or release on parole or mandatory
| ||||||
23 | supervised release, as a
condition of his or her parole or | ||||||
24 | mandatory supervised release.
| ||||||
25 | Notwithstanding other provisions of this Section, any | ||||||
26 | person sentenced to life imprisonment in a facility of the |
| |||||||
| |||||||
1 | Illinois Department of Corrections after the effective date of | ||||||
2 | this amendatory Act of the 94th General Assembly or sentenced | ||||||
3 | to death after the effective date of this amendatory Act of the | ||||||
4 | 94th General Assembly shall be required to provide a specimen | ||||||
5 | of blood, saliva, or tissue within 45 days after sentencing or | ||||||
6 | disposition at a collection site designated by the Illinois | ||||||
7 | Department of State Police. Any person serving a sentence of | ||||||
8 | life imprisonment in a facility of the Illinois Department of | ||||||
9 | Corrections on the effective date of this amendatory Act of the | ||||||
10 | 94th General Assembly or any person who is under a sentence of | ||||||
11 | death on the effective date of this amendatory Act of the 94th | ||||||
12 | General Assembly shall be required to provide a specimen of | ||||||
13 | blood, saliva, or tissue upon request at a collection site | ||||||
14 | designated by the Illinois Department of State Police.
| ||||||
15 | (a-5) Any person who was otherwise convicted of or received | ||||||
16 | a disposition
of court supervision for any other offense under | ||||||
17 | the Criminal Code of 1961 or
who was found guilty or given | ||||||
18 | supervision for such a violation under the
Juvenile Court Act | ||||||
19 | of 1987, may, regardless of the sentence imposed, be
required | ||||||
20 | by an order of the court to submit specimens of blood, saliva, | ||||||
21 | or
tissue to the Illinois Department of State Police in | ||||||
22 | accordance with the
provisions of this Section.
| ||||||
23 | (b) Any person required by paragraphs (a)(1), (a)(1.5), | ||||||
24 | (a)(2), (a)(3.5),
and (a-5) to provide specimens of blood, | ||||||
25 | saliva, or tissue shall provide
specimens of blood, saliva, or | ||||||
26 | tissue within 45 days after sentencing or
disposition at a |
| |||||||
| |||||||
1 | collection site designated by the Illinois Department of
State | ||||||
2 | Police.
| ||||||
3 | (c) Any person required by paragraphs (a)(3), (a)(4), and | ||||||
4 | (a)(4.5) to
provide specimens of blood, saliva, or tissue shall | ||||||
5 | be required to provide
such samples prior to final discharge, | ||||||
6 | parole, or release at a collection
site designated by the | ||||||
7 | Illinois Department of State Police.
| ||||||
8 | (c-5) Any person required by paragraph (a)(5) to provide | ||||||
9 | specimens of
blood, saliva, or tissue shall, where feasible, be | ||||||
10 | required to provide the
specimens before being accepted for | ||||||
11 | conditioned residency in Illinois under
the interstate compact | ||||||
12 | or agreement, but no later than 45 days after arrival
in this | ||||||
13 | State.
| ||||||
14 | (c-6) The Illinois Department of State Police may determine | ||||||
15 | which type of
specimen or specimens, blood, saliva, or tissue, | ||||||
16 | is acceptable for submission
to the Division of Forensic | ||||||
17 | Services for analysis.
| ||||||
18 | (c-7) Any person required by paragraph (a)(6) to provide | ||||||
19 | specimens of saliva or tissue shall be required to provide the | ||||||
20 | specimens as required by the collecting law enforcement agency.
| ||||||
21 | (d) The Illinois Department of State Police shall provide | ||||||
22 | all equipment
and instructions necessary for the collection of | ||||||
23 | blood samples.
The collection of samples shall be performed in | ||||||
24 | a medically approved
manner. Only a physician authorized to | ||||||
25 | practice medicine, a registered
nurse or other qualified person | ||||||
26 | trained in venipuncture may withdraw blood
for the purposes of |
| |||||||
| |||||||
1 | this Act. The samples
shall thereafter be forwarded to the | ||||||
2 | Illinois Department of State Police,
Division of Forensic | ||||||
3 | Services, for analysis and
categorizing into genetic marker | ||||||
4 | groupings.
| ||||||
5 | (d-1) The Illinois Department of State Police shall provide | ||||||
6 | all equipment
and instructions necessary for the collection of | ||||||
7 | saliva samples under this Section . The
collection of saliva | ||||||
8 | samples shall be performed in a medically approved manner.
Only | ||||||
9 | a person trained in the instructions promulgated by the | ||||||
10 | Illinois State
Police on collecting saliva may collect saliva | ||||||
11 | for the purposes of this
Section. The samples shall thereafter | ||||||
12 | be forwarded to the Illinois Department
of State Police, | ||||||
13 | Division of Forensic Services, for analysis and categorizing
| ||||||
14 | into genetic marker groupings.
| ||||||
15 | (d-2) The Illinois Department of State Police shall provide | ||||||
16 | all equipment
and instructions necessary for the collection of | ||||||
17 | tissue samples under this Section . The
collection of tissue | ||||||
18 | samples shall be performed in a medically approved
manner. Only | ||||||
19 | a person trained in the instructions promulgated by the | ||||||
20 | Illinois
State Police on collecting tissue may collect tissue | ||||||
21 | for the purposes of this
Section. The samples shall thereafter | ||||||
22 | be forwarded to the Illinois Department
of State Police, | ||||||
23 | Division of Forensic Services, for analysis and categorizing
| ||||||
24 | into genetic marker groupings.
| ||||||
25 | (d-5) To the extent that funds are available, the Illinois | ||||||
26 | Department of
State Police shall contract with qualified |
| |||||||
| |||||||
1 | personnel and certified laboratories
for the collection, | ||||||
2 | analysis, and categorization of known samples.
| ||||||
3 | (d-6) Agencies designated by the Illinois Department of | ||||||
4 | State Police and
the Illinois Department of State Police may | ||||||
5 | contract with third parties to
provide for the collection or | ||||||
6 | analysis of DNA, or both, of an offender's blood,
saliva, and | ||||||
7 | tissue samples.
| ||||||
8 | (e) The genetic marker groupings shall be maintained by the | ||||||
9 | Illinois
Department of State Police, Division of Forensic | ||||||
10 | Services.
| ||||||
11 | (f) The genetic marker grouping analysis information | ||||||
12 | obtained pursuant
to this Act and the information obtained | ||||||
13 | under Section 107-2.5 of the Code of Criminal Procedure of 1963
| ||||||
14 | shall be confidential and shall be released only to peace
| ||||||
15 | officers of the United States, of other states or territories, | ||||||
16 | of the
insular possessions of the United States, of foreign | ||||||
17 | countries duly
authorized to receive the same, to all peace | ||||||
18 | officers of the State of
Illinois and to all prosecutorial | ||||||
19 | agencies, and to defense counsel as
provided by Section 116-5 | ||||||
20 | of the Code of Criminal Procedure of 1963.
The genetic marker | ||||||
21 | grouping analysis information obtained pursuant to
this Act | ||||||
22 | shall be used only for (i) valid law enforcement identification
| ||||||
23 | purposes and as required by the Federal Bureau of Investigation | ||||||
24 | for
participation in the National DNA database, (ii) technology
| ||||||
25 | validation
purposes, (iii) a population statistics database, | ||||||
26 | (iv) quality
assurance
purposes if personally identifying |
| |||||||
| |||||||
1 | information is removed,
(v) assisting in the defense of the | ||||||
2 | criminally accused pursuant
to
Section 116-5 of the Code of | ||||||
3 | Criminal Procedure of 1963, or (vi) identifying and assisting | ||||||
4 | in the prosecution of a person who is suspected of committing a | ||||||
5 | sexual assault as defined in Section 1a of the Sexual Assault | ||||||
6 | Survivors Emergency Treatment Act. Having established the | ||||||
7 | State DNA identification index, a match between casework | ||||||
8 | evidence DNA samples from a criminal investigation and DNA | ||||||
9 | samples from a State or federal DNA database of eligible | ||||||
10 | offenders may be used only to sustain probable cause for the | ||||||
11 | issuance of a warrant to obtain the DNA sample from an eligible | ||||||
12 | offender for confirmation. The identification, detention, | ||||||
13 | arrest, or conviction of a person based upon a database match | ||||||
14 | or database information is not invalidated if it is later | ||||||
15 | determined that the sample should not have been obtained or | ||||||
16 | placed in the database. Notwithstanding
any other statutory | ||||||
17 | provision to the contrary,
all information obtained under this | ||||||
18 | Section shall be maintained in a single
State data base, which | ||||||
19 | may be uploaded into a national database, and which
information | ||||||
20 | may be subject to expungement only as set forth in subsection
| ||||||
21 | (f-1).
| ||||||
22 | (f-1) Upon receipt of a certified copy of a final court | ||||||
23 | order for notification of a reversal of each a conviction based | ||||||
24 | on
actual innocence , if that document specifically states the | ||||||
25 | reason for the reversal is the actual innocence of an | ||||||
26 | individual , or of the granting of a pardon pursuant to Section |
| |||||||
| |||||||
1 | 12 of
Article V of the Illinois Constitution, if that pardon | ||||||
2 | document specifically
states that the reason for the pardon is | ||||||
3 | the actual innocence of an individual
whose DNA record has been | ||||||
4 | stored in the State or national DNA identification
index in | ||||||
5 | accordance with this Section by the Illinois Department of | ||||||
6 | State
Police, the DNA record for that conviction shall be | ||||||
7 | expunged from the DNA identification index, and
the Department | ||||||
8 | shall by rule prescribe procedures to ensure that the record | ||||||
9 | and
any samples, analyses, or other documents relating to such | ||||||
10 | record, whether in
the possession or control of the Department | ||||||
11 | or any law enforcement or police agency, or
any forensic DNA | ||||||
12 | laboratory, including any duplicates or copies thereof, are
| ||||||
13 | destroyed and a letter is sent to the court verifying the | ||||||
14 | expungement is
completed.
| ||||||
15 | Upon receipt of a certified copy of a final court order for | ||||||
16 | each charge against an individual, whose DNA record has been | ||||||
17 | stored in the State or national DNA identification index in | ||||||
18 | accordance with this Section by the Illinois Department of | ||||||
19 | State Police, establishing that such a charge has been | ||||||
20 | dismissed or resulted in acquittal, the DNA record for that | ||||||
21 | arrest shall be expunged from the DNA identification index, and | ||||||
22 | the Department shall by rule prescribe procedures to ensure | ||||||
23 | that the record and any samples, analyses, or other documents | ||||||
24 | relating to such records, in the possession or control of the | ||||||
25 | Department are destroyed and a letter is sent to the court | ||||||
26 | verifying the expungement is completed. |
| |||||||
| |||||||
1 | (f-5) Any person who intentionally uses genetic marker | ||||||
2 | grouping analysis
information, or any other information | ||||||
3 | derived from a DNA sample, beyond the
authorized uses as | ||||||
4 | provided under this Section or under Section 107-2.5 of the | ||||||
5 | Code of Criminal Procedure of 1963 , or any other Illinois law, | ||||||
6 | is
guilty of a Class 3
4 felony, and shall be subject to a fine | ||||||
7 | of not less than
$5,000.
| ||||||
8 | (f-6) The Illinois Department of State Police may contract | ||||||
9 | with third
parties for the purposes of implementing this | ||||||
10 | amendatory Act of the 93rd
General Assembly. Any other party | ||||||
11 | contracting to carry out the functions of
this Section shall be | ||||||
12 | subject to the same restrictions and requirements of this
| ||||||
13 | Section insofar as applicable, as the Illinois Department of | ||||||
14 | State Police, and
to any additional restrictions imposed by the | ||||||
15 | Illinois Department of State
Police.
| ||||||
16 | (g) For the purposes of this Section, "qualifying offense" | ||||||
17 | means any of
the following:
| ||||||
18 | (1) any violation or inchoate violation of Section | ||||||
19 | 11-6, 11-9.1, 11-11,
11-18.1, 12-15, or 12-16 of the | ||||||
20 | Criminal Code of 1961;
| ||||||
21 | (1.1) any violation or inchoate violation of Section | ||||||
22 | 9-1, 9-2, 10-1,
10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, | ||||||
23 | 18-4, 19-1, or 19-2 of the Criminal
Code of 1961 for which | ||||||
24 | persons are convicted on or after July 1, 2001;
| ||||||
25 | (2) any former statute of this State which defined a | ||||||
26 | felony sexual
offense;
|
| |||||||
| |||||||
1 | (3) (blank);
| ||||||
2 | (4) any inchoate violation of Section 9-3.1, 11-9.3, | ||||||
3 | 12-7.3, or 12-7.4 of
the Criminal Code of 1961; or
| ||||||
4 | (5) any violation or inchoate violation of Article 29D | ||||||
5 | of the Criminal
Code of 1961.
| ||||||
6 | (g-5) (Blank).
| ||||||
7 | (h) The Illinois Department of State Police shall be the | ||||||
8 | State central
repository for all genetic marker grouping | ||||||
9 | analysis information obtained
pursuant to this Act. The | ||||||
10 | Illinois Department of State Police may
promulgate rules for | ||||||
11 | the form and manner of the collection of blood, saliva,
or | ||||||
12 | tissue samples and other procedures for the operation of this | ||||||
13 | Act. The
provisions of the Administrative Review Law shall | ||||||
14 | apply to all actions taken
under the rules so promulgated.
| ||||||
15 | (i) (1) A person required to provide a blood, saliva, or | ||||||
16 | tissue specimen
shall
cooperate with the collection of the | ||||||
17 | specimen and any deliberate act by
that person intended to | ||||||
18 | impede, delay or stop the collection of the blood,
saliva, | ||||||
19 | or tissue specimen is a Class A misdemeanor.
| ||||||
20 | (2) In the event that a person's DNA sample is not | ||||||
21 | adequate for any
reason, the person shall provide another | ||||||
22 | DNA sample for analysis. Duly
authorized law
enforcement | ||||||
23 | and corrections personnel may employ reasonable force in | ||||||
24 | cases in
which an individual refuses to provide a DNA | ||||||
25 | sample required under this
Act.
| ||||||
26 | (j) Any person sentenced and required by subsection (a) to |
| |||||||
| |||||||
1 | submit specimens of blood,
saliva, or tissue to
the Illinois | ||||||
2 | Department of State Police for analysis and categorization into
| ||||||
3 | genetic marker grouping, in addition to any other disposition, | ||||||
4 | penalty, or
fine imposed, shall pay an analysis fee of $200. If | ||||||
5 | the analysis fee is not
paid at the time of sentencing, the | ||||||
6 | court shall establish a fee schedule by
which the entire amount | ||||||
7 | of the analysis fee shall be paid in full, such
schedule not to | ||||||
8 | exceed 24 months from the time of conviction. The inability to
| ||||||
9 | pay this analysis fee shall not be the sole ground to | ||||||
10 | incarcerate the person.
| ||||||
11 | (k) All analysis and categorization fees provided for by | ||||||
12 | subsection (j)
shall be regulated as follows:
| ||||||
13 | (1) The State Offender DNA Identification System Fund | ||||||
14 | is hereby created as
a special fund in the State Treasury.
| ||||||
15 | (2) All fees shall be collected by the clerk of the | ||||||
16 | court and forwarded to
the State Offender DNA | ||||||
17 | Identification System Fund for deposit. The
clerk of the | ||||||
18 | circuit court may retain the amount of $10 from each | ||||||
19 | collected
analysis fee to offset administrative costs | ||||||
20 | incurred in carrying out the
clerk's responsibilities | ||||||
21 | under this Section.
| ||||||
22 | (3) Fees deposited into the State Offender DNA | ||||||
23 | Identification System Fund
shall be used by Illinois State | ||||||
24 | Police crime laboratories as designated by the
Director of | ||||||
25 | State Police. These funds shall be in addition to any | ||||||
26 | allocations
made pursuant to existing laws and shall be |
| |||||||
| |||||||
1 | designated for the exclusive use of
State crime | ||||||
2 | laboratories. These uses may include, but are not limited | ||||||
3 | to, the
following:
| ||||||
4 | (A) Costs incurred in providing analysis and | ||||||
5 | genetic marker
categorization as required by | ||||||
6 | subsection (d).
| ||||||
7 | (B) Costs incurred in maintaining genetic marker | ||||||
8 | groupings as required
by subsection (e).
| ||||||
9 | (C) Costs incurred in the purchase and maintenance | ||||||
10 | of equipment for use
in performing analyses.
| ||||||
11 | (D) Costs incurred in continuing research and | ||||||
12 | development of new
techniques for analysis and genetic | ||||||
13 | marker categorization.
| ||||||
14 | (E) Costs incurred in continuing education, | ||||||
15 | training, and professional
development of forensic | ||||||
16 | scientists regularly employed by these laboratories.
| ||||||
17 | (l) The failure of a person to provide a specimen, or of | ||||||
18 | any person or
agency to collect a specimen, within the 45 day | ||||||
19 | period shall in no way alter
the obligation of the person to | ||||||
20 | submit such specimen, or the authority of the
Illinois | ||||||
21 | Department of State Police or persons designated by the | ||||||
22 | Department to
collect the specimen, or the authority of the | ||||||
23 | Illinois Department of State
Police to accept, analyze and | ||||||
24 | maintain the specimen or to maintain or upload
results of | ||||||
25 | genetic marker grouping analysis information into a State or
| ||||||
26 | national database.
|
| |||||||
| |||||||
1 | (m) If any provision of Public Act 93-216 this amendatory | ||||||
2 | Act of the 93rd General Assembly
is
held unconstitutional or | ||||||
3 | otherwise invalid, the remainder of Public Act 93-216 this | ||||||
4 | amendatory
Act
of the 93rd General Assembly is not affected.
| ||||||
5 | (n) If any provision of this amendatory Act of the 96th | ||||||
6 | General Assembly
is
held unconstitutional or otherwise | ||||||
7 | invalid, the remainder of this amendatory
Act
of the 96th | ||||||
8 | General Assembly is not affected. | ||||||
9 | (Source: P.A. 93-216, eff. 1-1-04; 93-605, eff. 11-19-03; | ||||||
10 | 93-781, eff. 1-1-05; 94-16, eff. 6-13-05; 94-1018, eff. | ||||||
11 | 1-1-07.)
| ||||||
12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.".
|