Full Text of HB0935 96th General Assembly
HB0935sam002 96TH GENERAL ASSEMBLY
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Sen. Matt Murphy
Filed: 5/26/2009
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LRB096 10778 RLC 27457 a |
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| AMENDMENT TO HOUSE BILL 935
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| AMENDMENT NO. ______. Amend House Bill 935 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Criminal Code of 1961 is amended by | 5 |
| changing Section 31-4 as follows:
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| (720 ILCS 5/31-4) (from Ch. 38, par. 31-4)
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| Sec. 31-4. Obstructing justice.
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| (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:
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| (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 |
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| issue, he leaves the
State or conceals himself ; or .
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| (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.
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| (b)
(d) Sentence.
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| (1) Obstructing justice is a Class 4 felony, except as | 8 |
| provided in
paragraph (2) of this subsection (b)
(d) .
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| (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.
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| (Source: P.A. 90-363, eff. 1-1-98.)
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| 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 |
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| 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 |
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| 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:
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| (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
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| 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
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| 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
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| 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 |
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| 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
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| provisions of this Section, provided such person is:
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| (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,
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| probation, conditional discharge or any other form of | 10 |
| sentence, or given a
disposition of court supervision for | 11 |
| the offense;
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| (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;
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| (2) ordered institutionalized as a sexually dangerous | 17 |
| person on or after
July 1, 1990;
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| (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
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| 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;
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| (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 |
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| Court Act of 1987 on or after August 22, 2002;
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| (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;
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| (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
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| (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
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| Dangerous Persons Act ; or
.
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| (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.
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| 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
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| supervised release, as a
condition of his or her parole or | 24 |
| mandatory supervised release.
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| Notwithstanding other provisions of this Section, any | 26 |
| person sentenced to life imprisonment in a facility of the |
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| 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.
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| (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.
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| (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 |
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| collection site designated by the Illinois Department of
State | 2 |
| Police.
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| (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.
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| (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.
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| (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.
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| (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.
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| (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 |
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| 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.
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| (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
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| into genetic marker groupings.
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| (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
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| into genetic marker groupings.
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| (d-5) To the extent that funds are available, the Illinois | 26 |
| Department of
State Police shall contract with qualified |
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| personnel and certified laboratories
for the collection, | 2 |
| analysis, and categorization of known samples.
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| (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.
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| (e) The genetic marker groupings shall be maintained by the | 9 |
| Illinois
Department of State Police, Division of Forensic | 10 |
| Services.
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| (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
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| shall be confidential and shall be released only to peace
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| 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
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| purposes and as required by the Federal Bureau of Investigation | 24 |
| for
participation in the National DNA database, (ii) technology
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| validation
purposes, (iii) a population statistics database, | 26 |
| (iv) quality
assurance
purposes if personally identifying |
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| 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
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| (f-1).
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| (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 |
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| 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
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| destroyed and a letter is sent to the court verifying the | 14 |
| expungement is
completed.
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| 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. |
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| (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.
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| (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
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| 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.
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| (g) For the purposes of this Section, "qualifying offense" | 17 |
| means any of
the following:
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| (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;
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| (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;
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| (3) (blank);
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| (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
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| (5) any violation or inchoate violation of Article 29D | 5 |
| of the Criminal
Code of 1961.
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| (g-5) (Blank).
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| (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.
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| (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.
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| (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.
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| (j) Any person sentenced and required by subsection (a) to |
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| 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.
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| (k) All analysis and categorization fees provided for by | 12 |
| subsection (j)
shall be regulated as follows:
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| (1) The State Offender DNA Identification System Fund | 14 |
| is hereby created as
a special fund in the State Treasury.
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| (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.
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| (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 |
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| designated for the exclusive use of
State crime | 2 |
| laboratories. These uses may include, but are not limited | 3 |
| to, the
following:
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| (A) Costs incurred in providing analysis and | 5 |
| genetic marker
categorization as required by | 6 |
| subsection (d).
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| (B) Costs incurred in maintaining genetic marker | 8 |
| groupings as required
by subsection (e).
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| (C) Costs incurred in the purchase and maintenance | 10 |
| of equipment for use
in performing analyses.
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| (D) Costs incurred in continuing research and | 12 |
| development of new
techniques for analysis and genetic | 13 |
| marker categorization.
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| (E) Costs incurred in continuing education, | 15 |
| training, and professional
development of forensic | 16 |
| scientists regularly employed by these laboratories.
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| (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.
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| (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.".
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