HB1168 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1168

 

Introduced 1/31/2023, by Rep. Daniel Didech and Joyce Mason

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 513/15
725 ILCS 202/5
725 ILCS 202/6 new

    Amends the Genetic Information Privacy Act. Provides that in accordance with the Sexual Assault Evidence Submission Act, genetic information derived from reference specimens of DNA from: (1) a victim of a sexual assault crime or alleged sexual assault crime; (2) known reference samples of DNA from any individual that were voluntarily provided for the purpose of exclusion: and (3) any profiles developed from those samples, may be used only for purposes directly related to the investigation of the sexual assault crime or alleged sexual assault crime through which the victim's genetic information was obtained. Amends the Sexual Assault Evidence Submission Act. Establishes procedures for the use by law enforcement of known reference specimens of DNA from a victim of a sexual assault crime or alleged sexual assault crime, and to known reference samples of DNA from any individual that were voluntarily provided for the purpose of exclusion, and to any profiles developed from those samples. Adds various definitions to the Act.


LRB103 04746 RLC 49755 b

 

 

A BILL FOR

 

HB1168LRB103 04746 RLC 49755 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Genetic Information Privacy Act is amended
5by changing Section 15 as follows:
 
6    (410 ILCS 513/15)
7    Sec. 15. Confidentiality of genetic information.
8    (a) Except as otherwise provided in this Act, genetic
9testing and information derived from genetic testing is
10confidential and privileged and may be released only to the
11individual tested and to persons specifically authorized, in
12writing in accordance with Section 30, by that individual to
13receive the information. Except as otherwise provided in
14subsection (b) and in Section 30, this information shall not
15be admissible as evidence, nor discoverable in any action of
16any kind in any court, or before any tribunal, board, agency,
17or person pursuant to Part 21 of Article VIII of the Code of
18Civil Procedure. No liability shall attach to any hospital,
19physician, or other health care provider for compliance with
20the provisions of this Act including a specific written
21release by the individual in accordance with this Act.
22    (b) When a biological sample is legally obtained by a
23peace officer for use in a criminal investigation or

 

 

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1prosecution, information derived from genetic testing of that
2sample may be disclosed for identification purposes to
3appropriate law enforcement authorities conducting the
4investigation or prosecution and may be used in accordance
5with Section 5-4-3 of the Unified Code of Corrections and
6Section 6 of the Sexual Assault Evidence Submission Act. The
7information may be used for identification purposes during the
8course of the investigation or prosecution with respect to the
9individual tested without the consent of the individual and
10shall be admissible as evidence in court.
11    The information shall be confidential and may be disclosed
12only for purposes of criminal investigation or prosecution.
13    Genetic testing and genetic information derived thereof
14shall be admissible as evidence and discoverable, subject to a
15protective order, in any actions alleging a violation of this
16Act, seeking to enforce Section 30 of this Act through the
17Illinois Insurance Code, alleging discriminatory genetic
18testing or use of genetic information under the Illinois Human
19Rights Act or the Illinois Civil Rights Act of 2003, or
20requesting a workers' compensation claim under the Workers'
21Compensation Act.
22    In accordance with Section 6 of the Sexual Assault
23Evidence Submission Act, the following may be used only for
24purposes directly related to the investigation of the sexual
25assault crime or alleged sexual assault crime through which
26the victim's genetic information was obtained: (1) genetic

 

 

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1information derived from reference specimens of DNA from a
2victim of a sexual assault crime or alleged sexual assault
3crime; (2) genetic information derived from reference
4specimens of DNA from known reference samples of DNA from any
5individual that were voluntarily provided for the purpose of
6exclusion: and (3) genetic information derived from reference
7specimens of DNA from any profiles developed from those
8samples.
9    (c) If the subject of the information requested by law
10enforcement is found innocent of the offense or otherwise not
11criminally penalized, then the court records shall be expunged
12by the court within 30 days after the final legal proceeding.
13The court shall notify the subject of the information of the
14expungement of the records in writing.
15    (d) Results of genetic testing that indicate that the
16individual tested is at the time of the test afflicted with a
17disease, whether or not currently symptomatic, are not subject
18to the confidentiality requirements of this Act.
19(Source: P.A. 95-927, eff. 1-1-09.)
 
20    Section 10. The Sexual Assault Evidence Submission Act is
21amended by changing Section 5 and by adding Section 6 as
22follows:
 
23    (725 ILCS 202/5)
24    Sec. 5. Definitions. In this Act:

 

 

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1    "Agent" of a law enforcement agency includes any person or
2entity the agency provides access to a DNA sample collected
3directly from the person of a victim of or witness to a sexual
4assault crime or alleged sexual assault crime, or access to
5any profile developed from those samples. This includes, but
6is not limited to, public or private DNA testing facilities.
7    "Commission" means the Sexual Assault Evidence Tracking
8and Reporting Commission.
9    "Incident being investigated" means the sexual assault
10crime or alleged sexual assault crime that caused a law
11enforcement agency or agent to analyze or request a DNA sample
12from a victim of or witness to that sexual assault crime or
13alleged sexual assault crime.
14    "Law enforcement agencies" means local, county, State or
15federal law enforcement agencies involved in the investigation
16of sexual assault cases in Illinois.
17    "Sexual assault evidence" means evidence collected in
18connection with a sexual assault investigation, including, but
19not limited to, evidence collected using the Illinois State
20Police Evidence Collection Kits.
21     "Victim" or "witness" does not include any person who is a
22target of the investigation of the incident being
23investigated, if law enforcement agents have probable cause to
24believe that person has committed a public offense relating to
25the incident under investigation.
26    "Voluntarily provided for the purpose of exclusion" means

 

 

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1a sample is voluntarily provided for the purpose of exclusion
2if law enforcement agents do not consider the individual to be
3a suspect and have requested a voluntary DNA sample in order to
4exclude that person's DNA profile from consideration in the
5current investigation.
6(Source: P.A. 102-538, eff. 8-20-21.)
 
7    (725 ILCS 202/6 new)
8    Sec. 6. DNA samples; restrictions on use. The following
9procedures in this Section apply to known reference specimens
10of DNA from: (1) a victim of a sexual assault crime or alleged
11sexual assault crime; (2) known reference samples of DNA from
12any individual that were voluntarily provided for the purpose
13of exclusion; and (3) any profiles developed from those
14samples:
15    (1) Law enforcement agencies and their agents shall use
16these DNA samples or profiles only for purposes directly
17related to the incident being investigated.
18    (2) No law enforcement agency or agent of a law
19enforcement agency may compare any of these samples or
20profiles with DNA samples or profiles that do not relate to the
21incident being investigated.
22    (3) No law enforcement agency or agent of a law
23enforcement agency may include any of these DNA profiles in
24any database that allows these samples to be compared to or
25matched with profiles derived from DNA evidence obtained from

 

 

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1crime scenes.
2    (4) No law enforcement agency or agent of a law
3enforcement agency may provide any other person or entity with
4access to any of these DNA samples or profiles, unless that
5person or entity agrees to abide by the statutory restrictions
6on the use and disclosure of that sample or profile.
7    (5) Any part of a DNA sample that remains after the
8requested testing or analysis has been performed shall be
9securely stored and may be used only in accordance with the
10restrictions on use and disclosure of the sample provided in
11this Section.
12    (6) No agent of a law enforcement agency may provide any
13part of these DNA samples or profiles to any person or entity
14other than the law enforcement agency that provided them,
15except portions of these remaining DNA samples may be provided
16to the defendant when authorized by court order.
17    (7) A person whose DNA profile has been voluntarily
18provided for purposes of exclusion shall have the person's
19searchable database profile expunged from all public and
20private databases if the person has no past or present offense
21or pending charge which qualifies that person for inclusion
22within the State's DNA Database and Databank Program.
23    (8) This Section does not prohibit crime laboratories from
24collecting, retaining, and using for comparison purposes in
25multiple cases the following DNA profiles:
26        (A) The DNA profiles from persons whose proximity or

 

 

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1    access to DNA case evidence during the collection,
2    handling, or processing of that evidence might result in
3    DNA contamination, including first responders, crime scene
4    investigators, laboratory staff, or others at the
5    laboratory, if these kinds of elimination samples are
6    voluntarily provided with written consent for their use as
7    quality assurance or control samples, or if the
8    elimination samples are obtained as a condition of
9    employment with written consent, so that the crime
10    laboratory can assure reliable results.
11        (B) The DNA profiles from persons associated with the
12    manufacturing or production of consumable supplies or
13    reagents or positive control samples used in laboratory
14    testing, if these kinds of elimination samples are
15    voluntarily provided with written consent.
16        (C) The DNA profiles that may be incidentally
17    encountered on consumable supplies or reagents such as
18    plastic tubes, plastic plates, swabs, and buffers.
19    (9) The requirement for written consent for voluntary
20elimination samples does not preclude a DNA testing laboratory
21from retaining, for use consistent with this Section, the
22voluntary quality assurance or control samples described in
23paragraph (8) that were provided without written consent by
24persons prior to the effective date of this amendatory Act of
25the 103rd General Assembly, or if the laboratory is otherwise
26required to retain such case samples by another provision of

 

 

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1law.
2    (10) This Section does not preclude a DNA testing
3laboratory from conducting a limited comparison of samples
4that were analyzed concurrently in order to evaluate the DNA
5typing results for potential contamination, determine the
6source of contamination when detected, and to ensure that the
7contaminating profiles were not misidentified as DNA profiles
8from putative perpetrators.
9    (11) This Section does not affect the inclusion of
10specimens in State DNA databases as described in Section 5-4-3
11of the Unified Code of Corrections, the use of state DNA
12databases for identifying missing persons, the compliance with
13other provisions of law that allow the release of samples for
14post-conviction testing, or the use of reference samples from
15a suspect lawfully collected in a manner that does not violate
16this Section.
17    (12) This Section does not apply to evidence arising from
18the victim that is biological material that is not the
19victim's own and is not from an individual who voluntarily
20provided a reference sample for exclusion, such as DNA
21transferred from an assailant.