SB0710ham001 95TH GENERAL ASSEMBLY

Judiciary II - Criminal Law Committee

Filed: 5/24/2007

 

 


 

 


 
09500SB0710ham001 LRB095 04889 RLC 36178 a

1
AMENDMENT TO SENATE BILL 710

2     AMENDMENT NO. ______. Amend Senate Bill 710 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Unified Code of Corrections is amended by
5 changing Section 5-4-3 as follows:
 
6     (730 ILCS 5/5-4-3)  (from Ch. 38, par. 1005-4-3)
7     Sec. 5-4-3. Persons convicted of, or found delinquent for,
8 certain offenses or institutionalized as sexually dangerous;
9 specimens; genetic marker groups.
10     (a) Any person convicted of, found guilty under the
11 Juvenile Court Act of 1987 for, or who received a disposition
12 of court supervision for, a qualifying offense or attempt of a
13 qualifying offense, convicted or found guilty of any offense
14 classified as a felony under Illinois law, convicted or found
15 guilty of any offense requiring registration under the Sex
16 Offender Registration Act, found guilty or given supervision

 

 

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1 for any offense classified as a felony under the Juvenile Court
2 Act of 1987, convicted or found guilty of, under the Juvenile
3 Court Act of 1987, any offense requiring registration under the
4 Sex Offender Registration Act, or institutionalized as a
5 sexually dangerous person under the Sexually Dangerous Persons
6 Act, or committed as a sexually violent person under the
7 Sexually Violent Persons Commitment Act shall, regardless of
8 the sentence or disposition imposed, be required to submit
9 specimens of blood, saliva, or tissue to the Illinois
10 Department of State Police in accordance with the provisions of
11 this Section, provided such person is:
12         (1) convicted of a qualifying offense or attempt of a
13     qualifying offense on or after July 1, 1990 and sentenced
14     to a term of imprisonment, periodic imprisonment, fine,
15     probation, conditional discharge or any other form of
16     sentence, or given a disposition of court supervision for
17     the offense;
18         (1.5) found guilty or given supervision under the
19     Juvenile Court Act of 1987 for a qualifying offense or
20     attempt of a qualifying offense on or after January 1,
21     1997;
22         (2) ordered institutionalized as a sexually dangerous
23     person on or after July 1, 1990;
24         (3) convicted of a qualifying offense or attempt of a
25     qualifying offense before July 1, 1990 and is presently
26     confined as a result of such conviction in any State

 

 

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1     correctional facility or county jail or is presently
2     serving a sentence of probation, conditional discharge or
3     periodic imprisonment as a result of such conviction;
4         (3.5) convicted or found guilty of any offense
5     classified as a felony under Illinois law or found guilty
6     or given supervision for such an offense under the Juvenile
7     Court Act of 1987 on or after August 22, 2002;
8         (4) presently institutionalized as a sexually
9     dangerous person or presently institutionalized as a
10     person found guilty but mentally ill of a sexual offense or
11     attempt to commit a sexual offense;
12         (4.5) ordered committed as a sexually violent person on
13     or after the effective date of the Sexually Violent Persons
14     Commitment Act; or
15         (5) seeking transfer to or residency in Illinois under
16     Sections 3-3-11.05 through 3-3-11.5 of the Unified Code of
17     Corrections and the Interstate Compact for Adult Offender
18     Supervision or the Interstate Agreements on Sexually
19     Dangerous Persons Act.
20     Notwithstanding other provisions of this Section, any
21 person incarcerated in a facility of the Illinois Department of
22 Corrections or the Illinois Department of Juvenile Justice on
23 or after August 22, 2002, whether for a term of years, natural
24 life, or a sentence of death, who has not yet submitted a
25 sample of blood, saliva, or tissue shall be required to submit
26 a specimen of blood, saliva, or tissue prior to his or her

 

 

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1 final discharge or within 6 months from the effective date of
2 this amendatory Act of the 95th General Assembly, whichever is
3 sooner. These specimens shall be placed into the State or
4 national DNA database, to be used in accordance with other
5 provisions of this Act, by the Illinois State Police release on
6 parole or mandatory supervised release, as a condition of his
7 or her parole or mandatory supervised release.
8     Notwithstanding other provisions of this Section, any
9 person sentenced to life imprisonment in a facility of the
10 Illinois Department of Corrections after the effective date of
11 this amendatory Act of the 94th General Assembly or sentenced
12 to death after the effective date of this amendatory Act of the
13 94th General Assembly shall be required to provide a specimen
14 of blood, saliva, or tissue within 45 days after sentencing or
15 disposition at a collection site designated by the Illinois
16 Department of State Police. Any person serving a sentence of
17 life imprisonment in a facility of the Illinois Department of
18 Corrections on the effective date of this amendatory Act of the
19 94th General Assembly or any person who is under a sentence of
20 death on the effective date of this amendatory Act of the 94th
21 General Assembly shall be required to provide a specimen of
22 blood, saliva, or tissue upon request at a collection site
23 designated by the Illinois Department of State Police.
24     (a-5) Any person who was otherwise convicted of or received
25 a disposition of court supervision for any other offense under
26 the Criminal Code of 1961 or who was found guilty or given

 

 

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1 supervision for such a violation under the Juvenile Court Act
2 of 1987, may, regardless of the sentence imposed, be required
3 by an order of the court to submit specimens of blood, saliva,
4 or tissue to the Illinois Department of State Police in
5 accordance with the provisions of this Section.
6     (b) Any person required by paragraphs (a)(1), (a)(1.5),
7 (a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
8 saliva, or tissue shall provide specimens of blood, saliva, or
9 tissue within 45 days after sentencing or disposition at a
10 collection site designated by the Illinois Department of State
11 Police.
12     (c) Any person required by paragraphs (a)(3), (a)(4), and
13 (a)(4.5) to provide specimens of blood, saliva, or tissue shall
14 be required to provide such samples prior to final discharge or
15 within 6 months from the effective date of this amendatory Act
16 of the 95th General Assembly, whichever is sooner. These
17 specimens shall be placed into the State or national DNA
18 database, to be used in accordance with other provisions of
19 this Act, by the Illinois State Police , parole, or release at a
20 collection site designated by the Illinois Department of State
21 Police.
22     (c-5) Any person required by paragraph (a)(5) to provide
23 specimens of blood, saliva, or tissue shall, where feasible, be
24 required to provide the specimens before being accepted for
25 conditioned residency in Illinois under the interstate compact
26 or agreement, but no later than 45 days after arrival in this

 

 

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1 State.
2     (c-6) The Illinois Department of State Police may determine
3 which type of specimen or specimens, blood, saliva, or tissue,
4 is acceptable for submission to the Division of Forensic
5 Services for analysis.
6     (d) The Illinois Department of State Police shall provide
7 all equipment and instructions necessary for the collection of
8 blood samples. The collection of samples shall be performed in
9 a medically approved manner. Only a physician authorized to
10 practice medicine, a registered nurse or other qualified person
11 trained in venipuncture may withdraw blood for the purposes of
12 this Act. The samples shall thereafter be forwarded to the
13 Illinois Department of State Police, Division of Forensic
14 Services, for analysis and categorizing into genetic marker
15 groupings.
16     (d-1) The Illinois Department of State Police shall provide
17 all equipment and instructions necessary for the collection of
18 saliva samples. The collection of saliva samples shall be
19 performed in a medically approved manner. Only a person trained
20 in the instructions promulgated by the Illinois State Police on
21 collecting saliva may collect saliva for the purposes of this
22 Section. The samples shall thereafter be forwarded to the
23 Illinois Department of State Police, Division of Forensic
24 Services, for analysis and categorizing into genetic marker
25 groupings.
26     (d-2) The Illinois Department of State Police shall provide

 

 

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1 all equipment and instructions necessary for the collection of
2 tissue samples. The collection of tissue samples shall be
3 performed in a medically approved manner. Only a person trained
4 in the instructions promulgated by the Illinois State Police on
5 collecting tissue may collect tissue for the purposes of this
6 Section. The samples shall thereafter be forwarded to the
7 Illinois Department of State Police, Division of Forensic
8 Services, for analysis and categorizing into genetic marker
9 groupings.
10     (d-5) To the extent that funds are available, the Illinois
11 Department of State Police shall contract with qualified
12 personnel and certified laboratories for the collection,
13 analysis, and categorization of known samples.
14     (d-6) Agencies designated by the Illinois Department of
15 State Police and the Illinois Department of State Police may
16 contract with third parties to provide for the collection or
17 analysis of DNA, or both, of an offender's blood, saliva, and
18 tissue samples.
19     (e) The genetic marker groupings shall be maintained by the
20 Illinois Department of State Police, Division of Forensic
21 Services.
22     (f) The genetic marker grouping analysis information
23 obtained pursuant to this Act shall be confidential and shall
24 be released only to peace officers of the United States, of
25 other states or territories, of the insular possessions of the
26 United States, of foreign countries duly authorized to receive

 

 

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1 the same, to all peace officers of the State of Illinois and to
2 all prosecutorial agencies, and to defense counsel as provided
3 by Section 116-5 of the Code of Criminal Procedure of 1963. The
4 genetic marker grouping analysis information obtained pursuant
5 to this Act shall be used only for (i) valid law enforcement
6 identification purposes and as required by the Federal Bureau
7 of Investigation for participation in the National DNA
8 database, (ii) technology validation purposes, (iii) a
9 population statistics database, (iv) quality assurance
10 purposes if personally identifying information is removed, (v)
11 assisting in the defense of the criminally accused pursuant to
12 Section 116-5 of the Code of Criminal Procedure of 1963, or
13 (vi) identifying and assisting in the prosecution of a person
14 who is suspected of committing a sexual assault as defined in
15 Section 1a of the Sexual Assault Survivors Emergency Treatment
16 Act. Notwithstanding any other statutory provision to the
17 contrary, all information obtained under this Section shall be
18 maintained in a single State data base, which may be uploaded
19 into a national database, and which information may be subject
20 to expungement only as set forth in subsection (f-1).
21     (f-1) Upon receipt of notification of a reversal of a
22 conviction based on actual innocence, or of the granting of a
23 pardon pursuant to Section 12 of Article V of the Illinois
24 Constitution, if that pardon document specifically states that
25 the reason for the pardon is the actual innocence of an
26 individual whose DNA record has been stored in the State or

 

 

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1 national DNA identification index in accordance with this
2 Section by the Illinois Department of State Police, the DNA
3 record shall be expunged from the DNA identification index, and
4 the Department shall by rule prescribe procedures to ensure
5 that the record and any samples, analyses, or other documents
6 relating to such record, whether in the possession of the
7 Department or any law enforcement or police agency, or any
8 forensic DNA laboratory, including any duplicates or copies
9 thereof, are destroyed and a letter is sent to the court
10 verifying the expungement is completed.
11     (f-5) Any person who intentionally uses genetic marker
12 grouping analysis information, or any other information
13 derived from a DNA sample, beyond the authorized uses as
14 provided under this Section, or any other Illinois law, is
15 guilty of a Class 4 felony, and shall be subject to a fine of
16 not less than $5,000.
17     (f-6) The Illinois Department of State Police may contract
18 with third parties for the purposes of implementing this
19 amendatory Act of the 93rd General Assembly. Any other party
20 contracting to carry out the functions of this Section shall be
21 subject to the same restrictions and requirements of this
22 Section insofar as applicable, as the Illinois Department of
23 State Police, and to any additional restrictions imposed by the
24 Illinois Department of State Police.
25     (g) For the purposes of this Section, "qualifying offense"
26 means any of the following:

 

 

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1         (1) any violation or inchoate violation of Section
2     11-6, 11-9.1, 11-11, 11-18.1, 12-15, or 12-16 of the
3     Criminal Code of 1961;
4         (1.1) any violation or inchoate violation of Section
5     9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
6     18-4, 19-1, or 19-2 of the Criminal Code of 1961 for which
7     persons are convicted on or after July 1, 2001;
8         (2) any former statute of this State which defined a
9     felony sexual offense;
10         (3) (blank);
11         (4) any inchoate violation of Section 9-3.1, 11-9.3,
12     12-7.3, or 12-7.4 of the Criminal Code of 1961; or
13         (5) any violation or inchoate violation of Article 29D
14     of the Criminal Code of 1961.
15     (g-5) (Blank).
16     (h) The Illinois Department of State Police shall be the
17 State central repository for all genetic marker grouping
18 analysis information obtained pursuant to this Act. The
19 Illinois Department of State Police may promulgate rules for
20 the form and manner of the collection of blood, saliva, or
21 tissue samples and other procedures for the operation of this
22 Act. The provisions of the Administrative Review Law shall
23 apply to all actions taken under the rules so promulgated.
24     (i) (1) A person required to provide a blood, saliva, or
25     tissue specimen shall cooperate with the collection of the
26     specimen and any deliberate act by that person intended to

 

 

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1     impede, delay or stop the collection of the blood, saliva,
2     or tissue specimen is a Class A misdemeanor.
3         (2) In the event that a person's DNA sample is not
4     adequate for any reason, the person shall provide another
5     DNA sample for analysis. Duly authorized law enforcement
6     and corrections personnel may employ reasonable force in
7     cases in which an individual refuses to provide a DNA
8     sample required under this Act.
9     (j) Any person required by subsection (a) to submit
10 specimens of blood, saliva, or tissue to the Illinois
11 Department of State Police for analysis and categorization into
12 genetic marker grouping, in addition to any other disposition,
13 penalty, or fine imposed, shall pay an analysis fee of $200. If
14 the analysis fee is not paid at the time of sentencing, the
15 court shall establish a fee schedule by which the entire amount
16 of the analysis fee shall be paid in full, such schedule not to
17 exceed 24 months from the time of conviction. The inability to
18 pay this analysis fee shall not be the sole ground to
19 incarcerate the person.
20     (k) All analysis and categorization fees provided for by
21 subsection (j) shall be regulated as follows:
22         (1) The State Offender DNA Identification System Fund
23     is hereby created as a special fund in the State Treasury.
24         (2) All fees shall be collected by the clerk of the
25     court and forwarded to the State Offender DNA
26     Identification System Fund for deposit. The clerk of the

 

 

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1     circuit court may retain the amount of $10 from each
2     collected analysis fee to offset administrative costs
3     incurred in carrying out the clerk's responsibilities
4     under this Section.
5         (3) Fees deposited into the State Offender DNA
6     Identification System Fund shall be used by Illinois State
7     Police crime laboratories as designated by the Director of
8     State Police. These funds shall be in addition to any
9     allocations made pursuant to existing laws and shall be
10     designated for the exclusive use of State crime
11     laboratories. These uses may include, but are not limited
12     to, the following:
13             (A) Costs incurred in providing analysis and
14         genetic marker categorization as required by
15         subsection (d).
16             (B) Costs incurred in maintaining genetic marker
17         groupings as required by subsection (e).
18             (C) Costs incurred in the purchase and maintenance
19         of equipment for use in performing analyses.
20             (D) Costs incurred in continuing research and
21         development of new techniques for analysis and genetic
22         marker categorization.
23             (E) Costs incurred in continuing education,
24         training, and professional development of forensic
25         scientists regularly employed by these laboratories.
26     (l) The failure of a person to provide a specimen, or of

 

 

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1 any person or agency to collect a specimen, within the 45 day
2 period shall in no way alter the obligation of the person to
3 submit such specimen, or the authority of the Illinois
4 Department of State Police or persons designated by the
5 Department to collect the specimen, or the authority of the
6 Illinois Department of State Police to accept, analyze and
7 maintain the specimen or to maintain or upload results of
8 genetic marker grouping analysis information into a State or
9 national database.
10     (m) If any provision of this amendatory Act of the 93rd
11 General Assembly is held unconstitutional or otherwise
12 invalid, the remainder of this amendatory Act of the 93rd
13 General Assembly is not affected.
14 (Source: P.A. 93-216, eff. 1-1-04; 93-605, eff. 11-19-03;
15 93-781, eff. 1-1-05; 94-16, eff. 6-13-05; 94-1018, eff.
16 1-1-07.)
 
17     Section 99. Effective date. This Act takes effect upon
18 becoming law.".