Full Text of HB3811 102nd General Assembly
HB3811enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of State Police Law of the
Civil | 5 | | Administrative Code of Illinois is amended by changing | 6 | | Sections 2605-410 and 2605-595 as follows: | 7 | | (20 ILCS 2605/2605-410) | 8 | | Sec. 2605-410. Over Dimensional Load Police Escort Fund. | 9 | | To charge, collect, and receive fees or moneys as described in | 10 | | Section 15-312 of the Illinois Vehicle Code. All fees received | 11 | | by the Illinois State Police under Section 15-312 of the | 12 | | Illinois Vehicle Code shall be deposited into the Over | 13 | | Dimensional Load Police Escort Fund, a special fund that is | 14 | | created in the State treasury. Subject to appropriation, the | 15 | | money in the Over Dimensional Load Police Escort Fund shall be | 16 | | used by the Department for its expenses in providing police | 17 | | escorts and commercial vehicle enforcement activities. This | 18 | | Fund is dissolved upon the transfer of the remaining balance | 19 | | from the Over Dimensional Load Police Escort Fund to the State | 20 | | Police Operations Assistance Fund as provided under subsection | 21 | | (a-5) of Section 6z-82 of the State Finance Act. This Section | 22 | | is repealed on January 1, 2023.
| 23 | | (Source: P.A. 95-787, eff. 1-1-09.) |
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| 1 | | (20 ILCS 2605/2605-595) | 2 | | Sec. 2605-595. State Police Firearm Services Fund. | 3 | | (a) There is created in the State treasury a special fund | 4 | | known as the State Police Firearm Services Fund. The Fund | 5 | | shall receive revenue under the Firearm Concealed Carry Act , | 6 | | the Firearm Dealer License Certification Act, and Section 5 of | 7 | | the Firearm Owners Identification Card Act. The Fund may also | 8 | | receive revenue from grants, pass-through grants, donations, | 9 | | appropriations, and any other legal source. | 10 | | (a-5) Notwithstanding any other provision of law to the | 11 | | contrary, and in addition to any other transfers that may be | 12 | | provided by law, on the effective date of this amendatory Act | 13 | | of the 102nd General Assembly, or as soon thereafter as | 14 | | practical, the State Comptroller shall direct and the State | 15 | | Treasurer shall transfer the remaining balance from the | 16 | | Firearm Dealer License Certification Fund into the State | 17 | | Police Firearm Services Fund. Upon completion of the transfer, | 18 | | the Firearm Dealer License Certification Fund is dissolved, | 19 | | and any future deposits due to that Fund and any outstanding | 20 | | obligations or liabilities of that Fund shall pass to the | 21 | | State Police Firearm Services Fund. | 22 | | (b) The Illinois Department of State Police may use moneys | 23 | | in the Fund to finance any of its lawful purposes, mandates, | 24 | | functions, and duties under the Firearm Owners Identification | 25 | | Card Act , the Firearm Dealer License Certification Act, and |
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| 1 | | the Firearm Concealed Carry Act, including the cost of sending | 2 | | notices of expiration of Firearm Owner's Identification Cards, | 3 | | concealed carry licenses, the prompt and efficient processing | 4 | | of applications under the Firearm Owners Identification Card | 5 | | Act and the Firearm Concealed Carry Act, the improved | 6 | | efficiency and reporting of the LEADS and federal NICS law | 7 | | enforcement data systems, and support for investigations | 8 | | required under these Acts and law. Any surplus funds beyond | 9 | | what is needed to comply with the aforementioned purposes | 10 | | shall be used by the Illinois State Police Department to | 11 | | improve the Law Enforcement Agencies Data System (LEADS) and | 12 | | criminal history background check system. | 13 | | (c) Investment income that is attributable to the | 14 | | investment of moneys in the Fund shall be retained in the Fund | 15 | | for the uses specified in this Section.
| 16 | | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.) | 17 | | Section 10. The State Finance Act is amended by changing | 18 | | Sections 5.457, 5.714, 5.664, 5.892, and 6z-82 as follows:
| 19 | | (30 ILCS 105/5.457)
| 20 | | Sec. 5.457.
The State Offender DNA Identification System
| 21 | | Fund. This Fund is dissolved upon the transfer of the | 22 | | remaining balance from the State Offender DNA Identification | 23 | | System
Fund to the State Crime Laboratory Fund as provided | 24 | | under subsection (e) of Section 5-9-1.4 of the Unified Code of |
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| 1 | | Corrections. This Section is repealed on January 1, 2023.
| 2 | | (Source: P.A. 90-130, eff. 1-1-98; 90-655, eff. 7-30-98.)
| 3 | | (30 ILCS 105/5.664)
| 4 | | Sec. 5.664. The State Police Vehicle Maintenance Fund. | 5 | | This Fund is dissolved upon the transfer of the remaining | 6 | | balance from the State Police Vehicle Maintenance Fund to the | 7 | | State Police Vehicle Fund as provided under subsection (b) of | 8 | | Section 7c of the State Property Control Act. This Section is | 9 | | repealed on January 1, 2023.
| 10 | | (Source: P.A. 94-839, eff. 6-6-06.) | 11 | | (30 ILCS 105/5.714) | 12 | | Sec. 5.714. The Over Dimensional Load Police Escort Fund. | 13 | | This Fund is dissolved upon the transfer of the remaining | 14 | | balance from the Over Dimensional Load Police Escort Fund to | 15 | | the State Police Operations Assistance Fund as provided under | 16 | | subsection (a-5) of Section 6z-82 of the State Finance Act. | 17 | | This Section is repealed on January 1, 2023. | 18 | | (Source: P.A. 95-787, eff. 1-1-09; 96-328, eff. 8-11-09.) | 19 | | (30 ILCS 105/5.892) | 20 | | Sec. 5.892. The Firearm Dealer License Certification Fund. | 21 | | This Fund is dissolved upon the transfer of the remaining | 22 | | balance from the Firearm Dealer License Certification Fund to | 23 | | the State Police Firearm Services Fund as provided under |
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| 1 | | subsection (a-5) of Section 2605-595 of the Department of | 2 | | State Police Law of the Civil Administrative Code of Illinois. | 3 | | This Section is repealed on January 1, 2023. | 4 | | (Source: P.A. 100-1178, eff. 1-18-19; 101-81, eff. 7-12-19.) | 5 | | (30 ILCS 105/6z-82) | 6 | | Sec. 6z-82. State Police Operations Assistance Fund. | 7 | | (a) There is created in the State treasury a special fund | 8 | | known as the State Police Operations Assistance Fund. The Fund | 9 | | shall receive revenue under the Criminal and Traffic | 10 | | Assessment Act. The Fund may also receive revenue from grants, | 11 | | donations, appropriations, and any other legal source. | 12 | | (a-5) Notwithstanding any other provision of law to the | 13 | | contrary, and in addition to any other transfers that may be | 14 | | provided by law, on the effective date of this amendatory Act | 15 | | of the 102nd General Assembly, or as soon thereafter as | 16 | | practical, the State Comptroller shall direct and the State | 17 | | Treasurer shall transfer the remaining balance from the Over | 18 | | Dimensional Load Police Escort Fund into the State Police | 19 | | Operations Assistance Fund. Upon completion of the transfer, | 20 | | the Over Dimensional Load Police Escort Fund is dissolved, and | 21 | | any future deposits due to that Fund and any outstanding | 22 | | obligations or liabilities of that Fund shall pass to the | 23 | | State Police Operations Assistance Fund. | 24 | | This Fund may charge, collect, and receive fees or moneys | 25 | | as described in Section 15-312 of the Illinois Vehicle Code, |
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| 1 | | and receive all fees received by the Illinois State Police | 2 | | under that Section. The moneys shall be used by the Illinois | 3 | | State Police for its expenses in providing police escorts and | 4 | | commercial vehicle enforcement activities. | 5 | | (b) The Illinois Department of State Police may use moneys | 6 | | in the Fund to finance any of its lawful purposes or functions. | 7 | | (c) Expenditures may be made from the Fund only as | 8 | | appropriated by the General Assembly by law. | 9 | | (d) Investment income that is attributable to the | 10 | | investment of moneys in the Fund shall be retained in the Fund | 11 | | for the uses specified in this Section. | 12 | | (e) The State Police Operations Assistance Fund shall not | 13 | | be subject to administrative chargebacks.
| 14 | | (f) Notwithstanding any other provision of State law to | 15 | | the contrary, on or after July 1, 2012, and until June 30, | 16 | | 2013, in addition to any other transfers that may be provided | 17 | | for by law, at the direction of and upon notification from the | 18 | | Director of the Illinois State Police, the State Comptroller | 19 | | shall direct and the State Treasurer shall transfer amounts | 20 | | into the State Police Operations Assistance Fund from the | 21 | | designated funds not exceeding the following totals: | 22 | | State Police Vehicle Fund .....................$2,250,000 | 23 | | State Police Wireless Service | 24 | | Emergency Fund ............................$2,500,000 | 25 | | State Police Services Fund ....................$3,500,000 | 26 | | (Source: P.A. 100-987, eff. 7-1-19 .) |
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| 1 | | Section 15. The State Property Control Act is amended by | 2 | | changing Sections 7b and 7c as follows:
| 3 | | (30 ILCS 605/7b)
| 4 | | Sec. 7b. Maintenance and operation of State Police | 5 | | vehicles. All proceeds received by the Department
of Central | 6 | | Management Services under this Act from the sale of vehicles
| 7 | | operated
by the Illinois Department of State Police shall be | 8 | | deposited
into the State Police Vehicle Fund State Police | 9 | | Vehicle Maintenance Fund .
| 10 | | The State Police Vehicle Maintenance Fund is created as a | 11 | | special fund in the
State treasury. All moneys in the State | 12 | | Police Vehicle Maintenance Fund, subject to
appropriation, | 13 | | shall be used by the Department of State Police for the | 14 | | maintenance and operation of vehicles for
that Department.
| 15 | | (Source: P.A. 101-636, eff. 6-10-20.)
| 16 | | (30 ILCS 605/7c) | 17 | | Sec. 7c. Acquisition of State Police vehicles. | 18 | | (a) The State Police Vehicle Fund is created as a special | 19 | | fund in the State treasury. All moneys in the Fund, subject to | 20 | | appropriation, shall be used by the Illinois Department of | 21 | | State Police: | 22 | | (1) for the acquisition of vehicles for the Illinois | 23 | | State Police that Department ; or |
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| 1 | | (2) for debt service on bonds issued to finance the | 2 | | acquisition of vehicles for the Illinois State Police; or | 3 | | that Department.
| 4 | | (3) for the maintenance and operation of vehicles for | 5 | | the Illinois State Police. | 6 | | (b) Notwithstanding any other provision of law to the | 7 | | contrary, and in addition to any other transfers that may be | 8 | | provided by law, on the effective date of this amendatory Act | 9 | | of the 102nd General Assembly, or as soon thereafter as | 10 | | practicable, the State Comptroller shall direct and the State | 11 | | Treasurer shall transfer the remaining balance from the State | 12 | | Police Vehicle Maintenance Fund into the State Police Vehicle | 13 | | Fund. Upon completion of the transfer, the State Police | 14 | | Vehicle Maintenance Fund is dissolved, and any future deposits | 15 | | due to that Fund and any outstanding obligations or | 16 | | liabilities of that Fund shall pass to the State Police | 17 | | Vehicle Fund. | 18 | | (Source: P.A. 100-987, eff. 7-1-19 .) | 19 | | Section 20. The Firearm Dealer License Certification Act | 20 | | is amended by changing Section 5-70 as follows: | 21 | | (430 ILCS 68/5-70)
| 22 | | Sec. 5-70. Fees and fines deposited in the State Police | 23 | | Firearm Services Fund Firearm Dealer License Certification | 24 | | Fund . The Illinois State Police Department shall set and |
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| 1 | | collect a
fee for each licensee certifying under this Act. The
| 2 | | fee may not exceed $300 for a certified licensee operating | 3 | | without a
retail location. The fee may not exceed $1,500 for | 4 | | any certified licensee
operating with a retail location.
The | 5 | | Illinois State Police Department may not charge a certified | 6 | | licensee in this State, operating under the same or different | 7 | | business name, fees exceeding $40,000 for the certification of | 8 | | multiple licenses. All fees and fines collected under this Act | 9 | | shall be deposited in the State Police Firearm Services Fund | 10 | | Firearm Dealer License Certification Fund which is created in | 11 | | the State treasury . Moneys in the Fund shall be used for | 12 | | implementation and administration of this Act.
| 13 | | (Source: P.A. 100-1178, eff. 1-18-19.) | 14 | | Section 25. The Illinois Vehicle Code is amended by | 15 | | changing Section 15-312 as follows:
| 16 | | (625 ILCS 5/15-312) (from Ch. 95 1/2, par. 15-312)
| 17 | | Sec. 15-312. Fees for police escort. When State Police | 18 | | escorts are required by the Department of Transportation for | 19 | | the
safety of the motoring public, the following fees shall be | 20 | | paid by the
applicant: | 21 | | (1) to the Department of Transportation: $40 per hour | 22 | | per vehicle based upon the
pre-estimated time of the | 23 | | movement to be agreed upon
between the Department and the | 24 | | applicant, with a minimum fee of $80 per vehicle; and |
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| 1 | | (2) to the Illinois State Police: $75 per hour per | 2 | | State Police vehicle based upon the actual time of the | 3 | | movement, with a minimum fee of $300 per State Police | 4 | | vehicle. The Illinois State Police shall remit the moneys | 5 | | to the State Treasurer, who shall deposit the moneys into | 6 | | the State Police Operations Assistance Fund Over | 7 | | Dimensional Load Police Escort Fund .
| 8 | | The actual time of the movement shall be the time the | 9 | | police escort is required to pick up the movement to the time | 10 | | the movement is completed. Any delays or breakdowns shall be | 11 | | considered part of the movement time. Any fraction of an hour | 12 | | shall be rounded up to the next whole hour. | 13 | | (Source: P.A. 100-1090, eff. 1-1-19 .)
| 14 | | Section 30. The Criminal and Traffic Assessment Act is | 15 | | amended by changing Section 15-70 as follows: | 16 | | (705 ILCS 135/15-70)
| 17 | | (Section scheduled to be repealed on January 1, 2022) | 18 | | Sec. 15-70. Conditional assessments. In addition to | 19 | | payments under one of the Schedule of Assessments 1 through 13 | 20 | | of this Act, the court shall also order payment of any of the | 21 | | following conditional assessment amounts for each sentenced | 22 | | violation in the case to which a conditional assessment is | 23 | | applicable, which shall be collected and remitted by the Clerk | 24 | | of the Circuit Court as provided in this Section: |
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| 1 | | (1) arson, residential arson, or aggravated arson, | 2 | | $500 per conviction to the State Treasurer for deposit | 3 | | into the Fire Prevention Fund; | 4 | | (2) child pornography under Section 11-20.1 of the | 5 | | Criminal Code of 1961 or the Criminal Code of 2012, $500 | 6 | | per conviction, unless more than one agency is responsible | 7 | | for the arrest in which case the amount shall be remitted | 8 | | to each unit of government equally: | 9 | | (A) if the arresting agency is an agency of a unit | 10 | | of local government, $500 to the treasurer of the unit | 11 | | of local government for deposit into the unit of local | 12 | | government's General Fund, except that if the Illinois | 13 | | Department of State Police provides digital or | 14 | | electronic forensic examination assistance, or both, | 15 | | to the arresting agency then $100 to the State | 16 | | Treasurer for deposit into the State Crime Laboratory | 17 | | Fund; or | 18 | | (B) if the arresting agency is the Illinois | 19 | | Department of State Police, $500 to the State | 20 | | Treasurer for deposit into the State Crime Laboratory | 21 | | Fund; | 22 | | (3)
crime laboratory drug analysis for a drug-related | 23 | | offense involving possession or delivery of cannabis or | 24 | | possession or delivery of a controlled substance as | 25 | | defined in the Cannabis Control Act, the Illinois | 26 | | Controlled Substances Act, or the Methamphetamine Control |
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| 1 | | and Community Protection Act, $100 reimbursement for | 2 | | laboratory analysis, as set forth in subsection (f) of | 3 | | Section 5-9-1.4 of the Unified Code of Corrections; | 4 | | (4)
DNA analysis, $250 on each conviction in which it | 5 | | was used to the State Treasurer for deposit into the State | 6 | | Crime Laboratory Fund State Offender DNA Identification | 7 | | System Fund as set forth in Section 5-9-1.4 5-4-3 of the | 8 | | Unified Code of Corrections; | 9 | | (5)
DUI analysis, $150 on each sentenced violation in | 10 | | which it was used as set forth in subsection (f) of Section | 11 | | 5-9-1.9 of the Unified Code of Corrections; | 12 | | (6) drug-related
offense involving possession or | 13 | | delivery of cannabis or possession or delivery
of a | 14 | | controlled substance, other than methamphetamine, as | 15 | | defined in the Cannabis Control Act
or the Illinois | 16 | | Controlled Substances Act, an amount not less than
the | 17 | | full street value of the cannabis or controlled substance | 18 | | seized for each conviction to be disbursed as follows: | 19 | | (A) 12.5% of the street value assessment shall be | 20 | | paid into the Youth Drug Abuse Prevention Fund, to be | 21 | | used by the Department of Human Services for the | 22 | | funding of programs and services for drug-abuse | 23 | | treatment, and prevention and education services; | 24 | | (B) 37.5% to the county in which the charge was | 25 | | prosecuted, to be deposited into the county General | 26 | | Fund; |
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| 1 | | (C) 50% to the treasurer of the arresting law | 2 | | enforcement agency of the municipality or county, or | 3 | | to the State Treasurer if the arresting agency was a | 4 | | state agency; | 5 | | (D) if the arrest was made in combination with | 6 | | multiple law enforcement agencies, the clerk shall | 7 | | equitably allocate the portion in subparagraph (C) of | 8 | | this paragraph (6) among the law enforcement agencies | 9 | | involved in the arrest; | 10 | | (6.5) Kane County or Will County, in felony, | 11 | | misdemeanor, local or county ordinance, traffic, or | 12 | | conservation cases, up to $30 as set by the county board | 13 | | under Section 5-1101.3 of the Counties Code upon the entry | 14 | | of a judgment of conviction, an order of supervision, or a | 15 | | sentence of probation without entry of judgment under | 16 | | Section 10 of the Cannabis Control Act, Section 410 of the | 17 | | Illinois Controlled Substances Act, Section 70 of the | 18 | | Methamphetamine Control and Community Protection Act, | 19 | | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of | 20 | | the Criminal Code of 1961 or the Criminal Code of 2012, | 21 | | Section 10-102 of the Illinois Alcoholism and Other Drug | 22 | | Dependency Act, or Section 10 of the Steroid Control Act; | 23 | | except in local or county ordinance, traffic, and | 24 | | conservation cases, if fines are paid in full without a | 25 | | court appearance, then the assessment shall not be imposed | 26 | | or collected. Distribution of assessments collected under |
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| 1 | | this paragraph (6.5) shall be as provided in Section | 2 | | 5-1101.3 of the Counties Code; | 3 | | (7) methamphetamine-related
offense involving | 4 | | possession or delivery of methamphetamine or any salt of | 5 | | an optical isomer of methamphetamine or possession of a | 6 | | methamphetamine manufacturing material as set forth in | 7 | | Section 10 of the Methamphetamine Control and Community | 8 | | Protection Act with the intent to manufacture a substance | 9 | | containing methamphetamine or salt of an optical isomer of | 10 | | methamphetamine, an amount not less than
the full street | 11 | | value of the methamphetamine or salt of an optical isomer | 12 | | of methamphetamine or methamphetamine manufacturing | 13 | | materials seized for each conviction to be disbursed as | 14 | | follows: | 15 | | (A) 12.5% of the street value assessment shall be | 16 | | paid into the Youth Drug Abuse Prevention Fund, to be | 17 | | used by the Department of Human Services for the | 18 | | funding of programs and services for drug-abuse | 19 | | treatment, and prevention and education services; | 20 | | (B) 37.5% to the county in which the charge was | 21 | | prosecuted, to be deposited into the county General | 22 | | Fund; | 23 | | (C) 50% to the treasurer of the arresting law | 24 | | enforcement agency of the municipality or county, or | 25 | | to the State Treasurer if the arresting agency was a | 26 | | state agency; |
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| 1 | | (D) if the arrest was made in combination with | 2 | | multiple law enforcement agencies, the clerk shall | 3 | | equitably allocate the portion in subparagraph (C) of | 4 | | this paragraph (6) among the law enforcement agencies | 5 | | involved in the arrest; | 6 | | (8)
order of protection violation under Section 12-3.4 | 7 | | of the Criminal Code of 2012, $200 for each conviction to | 8 | | the county treasurer for deposit into the Probation and | 9 | | Court Services Fund for implementation of a domestic | 10 | | violence surveillance program and any other assessments or | 11 | | fees imposed under Section 5-9-1.16 of the Unified Code of | 12 | | Corrections; | 13 | | (9)
order of protection violation, $25 for each | 14 | | violation to the State Treasurer, for deposit into the | 15 | | Domestic Violence Abuser Services Fund; | 16 | | (10)
prosecution by the State's Attorney of a: | 17 | | (A) petty or business offense, $4 to the county | 18 | | treasurer of which $2 deposited into the State's | 19 | | Attorney Records Automation Fund and $2 into the | 20 | | Public Defender Records Automation Fund; | 21 | | (B) conservation or traffic offense, $2 to the | 22 | | county treasurer for deposit into the State's Attorney | 23 | | Records Automation Fund; | 24 | | (11) speeding in a construction zone violation, $250 | 25 | | to the State Treasurer for deposit into the Transportation | 26 | | Safety Highway Hire-back Fund, unless (i) the violation |
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| 1 | | occurred on a highway other than an interstate highway and | 2 | | (ii) a county police officer wrote the ticket for the | 3 | | violation, in which case to the county treasurer for | 4 | | deposit into that county's Transportation Safety Highway | 5 | | Hire-back Fund; | 6 | | (12) supervision disposition on an offense under the | 7 | | Illinois Vehicle Code or similar provision of a local | 8 | | ordinance, 50 cents, unless waived by the court, into the | 9 | | Prisoner Review Board Vehicle and Equipment Fund; | 10 | | (13) victim and offender are family or household | 11 | | members as defined in Section 103 of the Illinois Domestic | 12 | | Violence Act of 1986 and offender pleads guilty
or no | 13 | | contest to or is convicted of murder, voluntary | 14 | | manslaughter,
involuntary manslaughter, burglary, | 15 | | residential burglary, criminal trespass
to residence, | 16 | | criminal trespass to vehicle, criminal trespass to land,
| 17 | | criminal damage to property, telephone harassment, | 18 | | kidnapping, aggravated
kidnaping, unlawful restraint, | 19 | | forcible detention, child abduction,
indecent solicitation | 20 | | of a child, sexual relations between siblings,
| 21 | | exploitation of a child, child pornography, assault, | 22 | | aggravated assault,
battery, aggravated battery, heinous | 23 | | battery, aggravated battery of a
child, domestic battery, | 24 | | reckless conduct, intimidation, criminal sexual
assault, | 25 | | predatory criminal sexual assault of a child, aggravated | 26 | | criminal
sexual assault, criminal sexual abuse,
aggravated |
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| 1 | | criminal sexual abuse, violation of an order of | 2 | | protection,
disorderly conduct, endangering the life or | 3 | | health of a child, child
abandonment, contributing to | 4 | | dependency or neglect of child, or cruelty to
children and | 5 | | others, $200 for each sentenced violation to the State | 6 | | Treasurer
for deposit as follows: (i) for sexual assault, | 7 | | as defined in Section 5-9-1.7 of the Unified Code of | 8 | | Corrections, when
the offender and victim are family | 9 | | members, one-half to the Domestic Violence
Shelter and | 10 | | Service Fund, and one-half to the Sexual Assault Services | 11 | | Fund;
(ii) for the remaining offenses to the Domestic | 12 | | Violence Shelter and Service
Fund; | 13 | | (14)
violation of Section 11-501 of the Illinois | 14 | | Vehicle Code, Section 5-7 of the Snowmobile Registration | 15 | | and Safety Act, Section 5-16 of the Boat Registration and | 16 | | Safety Act, or a similar provision, whose operation of a | 17 | | motor vehicle, snowmobile, or watercraft while in | 18 | | violation of Section 11-501, Section 5-7 of the Snowmobile | 19 | | Registration and Safety Act, Section 5-16 of the Boat | 20 | | Registration and Safety Act, or a similar provision | 21 | | proximately caused an incident resulting in an appropriate | 22 | | emergency response, $1,000 maximum to the public agency | 23 | | that provided an emergency response related to the | 24 | | person's violation, and if more than one
agency responded, | 25 | | the amount payable to public agencies shall be shared | 26 | | equally; |
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| 1 | | (15)
violation of Section 401, 407, or 407.2 of the | 2 | | Illinois Controlled Substances Act that proximately caused | 3 | | any incident resulting in an appropriate drug-related | 4 | | emergency response, $1,000 as reimbursement for the | 5 | | emergency response to the law enforcement agency that
made | 6 | | the arrest, and if more than one
agency is responsible for | 7 | | the arrest, the amount payable to law
enforcement agencies | 8 | | shall be shared equally; | 9 | | (16)
violation of reckless driving, aggravated | 10 | | reckless driving, or driving 26 miles per hour or more in | 11 | | excess of the speed limit that triggered an emergency | 12 | | response, $1,000 maximum reimbursement for the emergency | 13 | | response to be distributed in its entirety to a public | 14 | | agency that provided an emergency response related to the | 15 | | person's violation, and if more than one
agency responded, | 16 | | the amount payable to public agencies shall be shared | 17 | | equally; | 18 | | (17) violation based upon each plea of guilty, | 19 | | stipulation of facts, or finding of guilt resulting in a | 20 | | judgment of conviction or order of supervision for an | 21 | | offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of | 22 | | the Criminal Code of 2012 that results in the imposition | 23 | | of a fine, to be distributed as follows:
| 24 | | (A) $50 to the county treasurer for deposit into | 25 | | the Circuit Court Clerk Operation and Administrative | 26 | | Fund to cover the costs in administering this |
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| 1 | | paragraph (17);
| 2 | | (B) $300 to the State Treasurer who shall deposit | 3 | | the portion as follows:
| 4 | | (i) if the arresting or investigating agency | 5 | | is the Illinois Department of State
Police, into | 6 | | the State Police Law Enforcement Administration | 7 | | Fund;
| 8 | | (ii) if the arresting or investigating agency | 9 | | is the Department of
Natural Resources, into the | 10 | | Conservation Police Operations Assistance Fund;
| 11 | | (iii) if the arresting or investigating agency | 12 | | is the Secretary of State,
into the Secretary of | 13 | | State Police Services Fund;
| 14 | | (iv) if the arresting or investigating agency | 15 | | is the Illinois Commerce
Commission, into the | 16 | | Transportation Regulatory Fund; or
| 17 | | (v) if more than one of the State agencies in | 18 | | this subparagraph (B) is the arresting or | 19 | | investigating agency, then equal shares with the | 20 | | shares deposited as provided in the applicable | 21 | | items (i) through (iv) of this subparagraph (B); | 22 | | and | 23 | | (C) the remainder for deposit into the Specialized | 24 | | Services for Survivors of Human Trafficking Fund;
| 25 | | (18) weapons violation under Section 24-1.1, 24-1.2, | 26 | | or 24-1.5 of the Criminal Code of 1961 or the Criminal Code |
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| 1 | | of 2012, $100 for each conviction to the State Treasurer | 2 | | for deposit into the Trauma Center Fund; and
| 3 | | (19) violation of subsection (c) of Section 11-907 of | 4 | | the Illinois Vehicle Code, $250 to the State Treasurer for | 5 | | deposit into the Scott's Law Fund, unless a county or | 6 | | municipal police officer wrote the ticket for the | 7 | | violation, in which case to the county treasurer for | 8 | | deposit into that county's or municipality's | 9 | | Transportation Safety Highway Hire-back Fund to be used as | 10 | | provided in subsection (j) of Section 11-907 of the | 11 | | Illinois Vehicle Code. | 12 | | (Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19; | 13 | | 101-173, eff. 1-1-20; 101-636, eff. 6-10-20.) | 14 | | Section 35. The Unified Code of Corrections is amended by | 15 | | changing Sections 5-4-3 and 5-9-1.4 as follows:
| 16 | | (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
| 17 | | Sec. 5-4-3. Specimens;
genetic marker groups. | 18 | | (a) Any person convicted of, found guilty under the | 19 | | Juvenile Court Act of
1987 for, or who received a disposition | 20 | | of court supervision for, a qualifying
offense or attempt of a | 21 | | qualifying offense, convicted or found guilty of any
offense | 22 | | classified as a felony under Illinois law, convicted or found | 23 | | guilty of any offense requiring registration under the Sex | 24 | | Offender Registration Act, found guilty or given
supervision |
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| 1 | | for any offense classified as a felony under the Juvenile | 2 | | Court Act
of 1987, convicted or found guilty of, under the | 3 | | Juvenile Court Act of 1987, any offense requiring registration | 4 | | under the Sex Offender Registration Act, or institutionalized | 5 | | as a sexually dangerous person under the Sexually
Dangerous | 6 | | Persons Act, or committed as a sexually violent person under | 7 | | the
Sexually Violent Persons Commitment Act shall, regardless | 8 | | of 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 | 11 | | of 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 | 7 | | Juvenile 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 | 11 | | or attempt to commit a sexual offense; or
| 12 | | (4.5) ordered committed as a sexually violent person | 13 | | on or after the
effective date of the Sexually Violent | 14 | | Persons Commitment Act.
| 15 | | (a-1) Any person incarcerated in
a facility of the | 16 | | Illinois Department of Corrections or the Illinois Department | 17 | | of Juvenile Justice on or after August 22,
2002, whether for a | 18 | | term of years, natural life, or a sentence of death, who has | 19 | | not yet submitted a specimen of blood, saliva, or tissue shall | 20 | | be required to submit a specimen of blood, saliva, or tissue
| 21 | | prior to his or her final discharge, or release on parole, | 22 | | aftercare release, or mandatory
supervised release, as a
| 23 | | condition of his or her parole, aftercare release, or | 24 | | mandatory supervised release, or within 6 months from August | 25 | | 13, 2009 (the effective date of Public Act 96-426), whichever | 26 | | is sooner. A person incarcerated on or after August 13, 2009 |
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| 1 | | (the effective date of Public Act 96-426) shall be required to | 2 | | submit a specimen within 45 days of incarceration, or prior to | 3 | | his or her final discharge, or release on parole, aftercare | 4 | | release, or mandatory supervised release, as a condition of | 5 | | his or her parole, aftercare release, or mandatory supervised | 6 | | release, whichever is sooner. These specimens shall be placed | 7 | | into the State or national DNA database, to be used in | 8 | | accordance with other provisions of this Section, by the | 9 | | Illinois State Police.
| 10 | | (a-2) Any person sentenced to life imprisonment in a | 11 | | facility of the Illinois Department of Corrections after the | 12 | | effective date of this amendatory Act of the 94th General | 13 | | Assembly or sentenced to death after the effective date of | 14 | | this amendatory Act of the 94th General Assembly shall be | 15 | | required to provide a specimen of blood, saliva, or tissue | 16 | | within 45 days after sentencing or disposition at a collection | 17 | | site designated by the Illinois Department of State Police. | 18 | | Any person serving a sentence of life imprisonment in a | 19 | | facility of the Illinois Department of Corrections on the | 20 | | effective date of this amendatory Act of the 94th General | 21 | | Assembly or any person who is under a sentence of death on the | 22 | | effective date of this amendatory Act of the 94th General | 23 | | Assembly shall be required to provide a specimen of blood, | 24 | | saliva, or tissue upon request at a collection site designated | 25 | | by the Illinois Department of State Police.
| 26 | | (a-3) Any person seeking transfer to or residency in |
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| 1 | | Illinois under Sections 3-3-11.05
through 3-3-11.5 of this | 2 | | Code, the Interstate Compact
for Adult Offender Supervision, | 3 | | or the Interstate Agreements on Sexually
Dangerous Persons Act | 4 | | shall be required to provide a specimen of blood, saliva, or | 5 | | tissue within 45 days after transfer to or residency in | 6 | | Illinois at a collection site designated by the Illinois | 7 | | Department of State Police. | 8 | | (a-3.1) Any person required by an order of the court to | 9 | | submit a DNA specimen shall be required to provide a specimen | 10 | | of blood, saliva, or tissue within 45 days after the court | 11 | | order at a collection site designated by the Illinois | 12 | | Department of State Police. | 13 | | (a-3.2) On or after January 1, 2012 (the effective date of | 14 | | Public Act 97-383), any person arrested for any of the | 15 | | following offenses, after an indictment has been returned by a | 16 | | grand jury, or following a hearing pursuant to Section 109-3 | 17 | | of the Code of Criminal Procedure of 1963 and a judge finds | 18 | | there is probable cause to believe the arrestee has committed | 19 | | one of the designated offenses, or an arrestee has waived a | 20 | | preliminary hearing shall be required to provide a specimen of | 21 | | blood, saliva, or tissue within 14 days after such indictment | 22 | | or hearing at a collection site designated by the Illinois | 23 | | Department of State Police: | 24 | | (A) first degree murder; | 25 | | (B) home invasion; | 26 | | (C) predatory criminal sexual assault
of a child; |
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| 1 | | (D) aggravated criminal sexual assault; or | 2 | | (E) criminal sexual assault. | 3 | | (a-3.3) Any person required to register as a sex offender | 4 | | under the Sex Offender Registration Act, regardless of the | 5 | | date of conviction as set forth in subsection (c-5.2) shall be | 6 | | required to provide a specimen of blood, saliva, or tissue | 7 | | within the time period prescribed in subsection (c-5.2) at a | 8 | | collection site designated by the Illinois Department of State | 9 | | Police. | 10 | | (a-5) Any person who was otherwise convicted of or | 11 | | received a disposition
of court supervision for any other | 12 | | offense under the Criminal Code of 1961 or the Criminal Code of | 13 | | 2012 or
who was found guilty or given supervision for such a | 14 | | violation under the
Juvenile Court Act of 1987, may, | 15 | | regardless of the sentence imposed, be
required by an order of | 16 | | the court to submit specimens of blood, saliva, or
tissue to | 17 | | the Illinois Department of State Police in accordance with the
| 18 | | provisions of this Section.
| 19 | | (b) Any person required by paragraphs (a)(1), (a)(1.5), | 20 | | (a)(2), (a)(3.5),
and (a-5) to provide specimens of blood, | 21 | | saliva, or tissue shall provide
specimens of blood, saliva, or | 22 | | tissue within 45 days after sentencing or
disposition at a | 23 | | collection site designated by the Illinois Department of
State | 24 | | Police.
| 25 | | (c) Any person required by paragraphs (a)(3), (a)(4), and | 26 | | (a)(4.5) to
provide specimens of blood, saliva, or tissue |
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| 1 | | shall be required to provide
such specimens prior to final | 2 | | discharge or within 6 months from August 13, 2009 (the | 3 | | effective date of Public Act 96-426), whichever is sooner. | 4 | | These specimens shall be placed into the State or national DNA | 5 | | database, to be used in accordance with other provisions of | 6 | | this Act, by the Illinois State Police.
| 7 | | (c-5) Any person required by paragraph (a-3) to provide | 8 | | specimens of
blood, saliva, or tissue shall, where feasible, | 9 | | be required to provide the
specimens before being accepted for | 10 | | conditioned residency in Illinois under
the interstate compact | 11 | | or agreement, but no later than 45 days after arrival
in this | 12 | | State.
| 13 | | (c-5.2) Unless it is determined that a registered sex | 14 | | offender has previously submitted a specimen of blood, saliva, | 15 | | or tissue that has been placed into the State DNA database, a | 16 | | person registering as a sex offender shall be required to | 17 | | submit a specimen at the time of his or her initial | 18 | | registration pursuant to the Sex Offender Registration Act or, | 19 | | for a person registered as a sex offender on or prior to | 20 | | January 1, 2012 (the effective date of Public Act 97-383), | 21 | | within one year of January 1, 2012 (the effective date of | 22 | | Public Act 97-383) or at the time of his or her next required | 23 | | registration. | 24 | | (c-6) The Illinois Department of State Police may | 25 | | determine which type of
specimen or specimens, blood, saliva, | 26 | | or tissue, is acceptable for submission
to the Division of |
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| 1 | | Forensic Services for analysis. The Illinois Department of | 2 | | State Police may require the submission of fingerprints from | 3 | | anyone required to give a specimen under this Act.
| 4 | | (d) The Illinois Department of State Police shall provide | 5 | | all equipment
and instructions necessary for the collection of | 6 | | blood specimens.
The collection of specimens shall be | 7 | | performed in a medically approved
manner. Only a physician | 8 | | authorized to practice medicine, a registered
nurse or other | 9 | | qualified person trained in venipuncture may withdraw blood
| 10 | | for the purposes of this Act. The specimens
shall thereafter | 11 | | be forwarded to the Illinois Department of State Police,
| 12 | | Division of Forensic Services, for analysis and
categorizing | 13 | | into genetic marker groupings.
| 14 | | (d-1) The Illinois Department of State Police shall | 15 | | provide all equipment
and instructions necessary for the | 16 | | collection of saliva specimens. The
collection of saliva | 17 | | specimens shall be performed in a medically approved manner.
| 18 | | Only a person trained in the instructions promulgated by the | 19 | | Illinois State
Police on collecting saliva may collect saliva | 20 | | for the purposes of this
Section. The specimens shall | 21 | | thereafter be forwarded to the Illinois Department
of State | 22 | | Police, Division of Forensic Services, for analysis and | 23 | | categorizing
into genetic marker groupings.
| 24 | | (d-2) The Illinois Department of State Police shall | 25 | | provide all equipment
and instructions necessary for the | 26 | | collection of tissue specimens. The
collection of tissue |
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| 1 | | specimens shall be performed in a medically approved
manner. | 2 | | Only a person trained in the instructions promulgated by the | 3 | | Illinois
State Police on collecting tissue may collect tissue | 4 | | for the purposes of this
Section. The specimens shall | 5 | | thereafter be forwarded to the Illinois Department
of State | 6 | | Police, Division of Forensic Services, for analysis and | 7 | | categorizing
into genetic marker groupings.
| 8 | | (d-5) To the extent that funds are available, the Illinois | 9 | | Department of
State Police shall contract with qualified | 10 | | personnel and certified laboratories
for the collection, | 11 | | analysis, and categorization of known specimens, except as | 12 | | provided in subsection (n) of this Section.
| 13 | | (d-6) Agencies designated by the Illinois Department of | 14 | | State Police and
the Illinois Department of State Police may | 15 | | contract with third parties to
provide for the collection or | 16 | | analysis of DNA, or both, of an offender's blood,
saliva, and | 17 | | tissue specimens, except as provided in subsection (n) of this | 18 | | Section.
| 19 | | (e) The genetic marker groupings shall be maintained by | 20 | | the 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, | 4 | | and
the Department shall by rule prescribe procedures to | 5 | | ensure that the record and
any specimens, analyses, or other | 6 | | documents relating to such record, whether in
the possession | 7 | | of the Department or any law enforcement or police agency, or
| 8 | | any forensic DNA laboratory, including any duplicates or | 9 | | copies thereof, are
destroyed and a letter is sent to the court | 10 | | verifying the expungement is
completed. For specimens required | 11 | | to be collected prior to conviction, unless the individual has | 12 | | other charges or convictions that require submission of a | 13 | | specimen, the DNA record for an individual shall be expunged | 14 | | from the DNA identification databases and the specimen | 15 | | destroyed upon receipt of a certified copy of a final court | 16 | | order for each charge against an individual in which the | 17 | | charge has been dismissed, resulted in acquittal, or that the | 18 | | charge was not filed within the applicable time period. The | 19 | | Department shall by rule prescribe procedures to ensure that | 20 | | the record and any specimens in the possession or control of | 21 | | the Department are destroyed and a letter is sent to the court | 22 | | verifying the expungement is completed.
| 23 | | (f-5) Any person who intentionally uses genetic marker | 24 | | grouping analysis
information, or any other information | 25 | | derived from a DNA specimen, beyond the
authorized uses as | 26 | | provided under this Section, or any other Illinois law, is
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| 1 | | guilty of a Class 4 felony, and shall be subject to a fine of | 2 | | not less than
$5,000.
| 3 | | (f-6) The Illinois Department of State Police may contract | 4 | | with third
parties for the purposes of implementing this | 5 | | amendatory Act of the 93rd
General Assembly, except as | 6 | | provided in subsection (n) of this Section. Any other party | 7 | | contracting to carry out the functions of
this Section shall | 8 | | be subject to the same restrictions and requirements of this
| 9 | | Section insofar as applicable, as the Illinois Department of | 10 | | State Police, and
to any additional restrictions imposed by | 11 | | the Illinois Department of State
Police.
| 12 | | (g) For the purposes of this Section, "qualifying offense" | 13 | | means any of
the following:
| 14 | | (1) any violation or inchoate violation of Section | 15 | | 11-1.50, 11-1.60, 11-6, 11-9.1, 11-11,
11-18.1, 12-15, or | 16 | | 12-16 of the Criminal Code of 1961 or the Criminal Code of | 17 | | 2012;
| 18 | | (1.1) any violation or inchoate violation of Section | 19 | | 9-1, 9-2, 10-1,
10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, | 20 | | 18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal
Code of | 21 | | 1961 or the Criminal Code of 2012 for which persons are | 22 | | convicted on or after July 1, 2001;
| 23 | | (2) any former statute of this State which defined a | 24 | | felony sexual
offense;
| 25 | | (3) (blank);
| 26 | | (4) any inchoate violation of Section 9-3.1, 9-3.4, |
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| 1 | | 11-9.3, 12-7.3, or 12-7.4 of
the Criminal Code of 1961 or | 2 | | the Criminal Code of 2012; or
| 3 | | (5) any violation or inchoate violation of Article 29D | 4 | | of the Criminal
Code of 1961 or the Criminal Code of 2012.
| 5 | | (g-5) (Blank).
| 6 | | (h) The Illinois Department of State Police shall be the | 7 | | State central
repository for all genetic marker grouping | 8 | | analysis information obtained
pursuant to this Act. The | 9 | | Illinois Department of State Police may
promulgate rules for | 10 | | the form and manner of the collection of blood, saliva,
or | 11 | | tissue specimens and other procedures for the operation of | 12 | | this Act. The
provisions of the Administrative Review Law | 13 | | shall apply to all actions taken
under the rules so | 14 | | 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 4 felony.
| 20 | | (2) In the event that a person's DNA specimen is not | 21 | | adequate for any
reason, the person shall provide another | 22 | | DNA specimen 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 | | specimen required under this
Act.
| 26 | | (j) (Blank).
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| 1 | | (k) All analysis and categorization assessments provided | 2 | | under the Criminal and Traffic Assessments Act to the State | 3 | | Crime Laboratory Fund State Offender DNA Identification System | 4 | | Fund
shall be regulated as follows:
| 5 | | (1) (Blank). The State Offender DNA Identification | 6 | | System Fund is hereby created as
a special fund in the | 7 | | State Treasury.
| 8 | | (2) (Blank).
| 9 | | (3) Moneys deposited into the State Crime Laboratory | 10 | | Fund State Offender DNA Identification System Fund
shall | 11 | | be used by Illinois State Police crime laboratories as | 12 | | designated by the
Director of the Illinois State Police. | 13 | | These funds shall be in addition to any allocations
made | 14 | | pursuant to existing laws and shall be designated for the | 15 | | exclusive use of
State crime laboratories. These uses may | 16 | | include, but are not limited to, the
following:
| 17 | | (A) Costs incurred in providing analysis and | 18 | | genetic marker
categorization as required by | 19 | | subsection (d).
| 20 | | (B) Costs incurred in maintaining genetic marker | 21 | | groupings as required
by subsection (e).
| 22 | | (C) Costs incurred in the purchase and maintenance | 23 | | of equipment for use
in performing analyses.
| 24 | | (D) Costs incurred in continuing research and | 25 | | development of new
techniques for analysis and genetic | 26 | | marker categorization.
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| 1 | | (E) Costs incurred in continuing education, | 2 | | training, and professional
development of forensic | 3 | | scientists regularly employed by these laboratories.
| 4 | | (l) The failure of a person to provide a specimen, or of | 5 | | any person or
agency to collect a specimen, shall in no way | 6 | | alter
the obligation of the person to submit such specimen, or | 7 | | the authority of the
Illinois Department of State Police or | 8 | | persons designated by the Illinois State Police Department to
| 9 | | collect the specimen, or the authority of the Illinois | 10 | | Department of State
Police to accept, analyze and maintain the | 11 | | specimen or to maintain or upload
results of genetic marker | 12 | | grouping analysis information into a State or
national | 13 | | database.
| 14 | | (m) If any provision of this amendatory Act of the 93rd | 15 | | General Assembly
is
held unconstitutional or otherwise | 16 | | invalid, the remainder of this amendatory
Act
of the 93rd | 17 | | General Assembly is not affected.
| 18 | | (n) Neither the Illinois Department of State Police, the | 19 | | Division of Forensic Services, nor any laboratory of the | 20 | | Division of Forensic Services may contract out forensic | 21 | | testing for the purpose of an active investigation or a matter | 22 | | pending before a court of competent jurisdiction without the | 23 | | written consent of the prosecuting agency. For the purposes of | 24 | | this subsection (n), "forensic testing" includes the analysis | 25 | | of physical evidence in an investigation or other proceeding | 26 | | for the prosecution of a violation of the Criminal Code of 1961 |
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| 1 | | or the Criminal Code of 2012 or for matters adjudicated under | 2 | | the Juvenile Court Act of 1987, and includes the use of | 3 | | forensic databases and databanks, including DNA, firearm, and | 4 | | fingerprint databases, and expert testimony. | 5 | | (o) Mistake does not invalidate a database match. The | 6 | | detention, arrest, or conviction of a person based upon a | 7 | | database match or database information is not invalidated if | 8 | | it is determined that the specimen was obtained or placed in | 9 | | the database by mistake. | 10 | | (p) This Section may be referred to as the Illinois DNA | 11 | | Database Law of 2011. | 12 | | (Source: P.A. 100-987, eff. 7-1-19 .)
| 13 | | (730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
| 14 | | Sec. 5-9-1.4. (a) "Crime laboratory" means any | 15 | | not-for-profit
laboratory registered with the Drug Enforcement | 16 | | Administration of the
United States Department of Justice, | 17 | | substantially funded by a unit or
combination of units of | 18 | | local government or the State of Illinois, which
regularly | 19 | | employs at least one person engaged in the analysis
of | 20 | | controlled substances, cannabis, methamphetamine, or steroids | 21 | | for criminal justice
agencies in criminal matters and provides | 22 | | testimony with respect to such
examinations.
| 23 | | (b) (Blank).
| 24 | | (c) In addition to any other disposition made pursuant to | 25 | | the provisions
of the Juvenile Court Act of 1987, any minor |
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| 1 | | adjudicated delinquent for an
offense
which if committed by an | 2 | | adult would constitute a violation of the Cannabis
Control | 3 | | Act, the Illinois Controlled Substances Act, the | 4 | | Methamphetamine Control and Community Protection Act, or the | 5 | | Steroid Control
Act shall be required to pay a criminal | 6 | | laboratory analysis assessment of $100
for each
adjudication.
| 7 | | Upon verified petition of the minor, the court may suspend | 8 | | payment of
all or part of the assessment if it finds that the | 9 | | minor does not have the ability
to pay the assessment.
The | 10 | | parent, guardian or legal custodian of the minor may pay
some | 11 | | or all of such assessment on the minor's behalf.
| 12 | | (d) All criminal laboratory analysis fees provided for by | 13 | | this Section shall
be collected by the clerk of the court and | 14 | | forwarded to the appropriate
crime laboratory fund as provided | 15 | | in subsection (f).
| 16 | | (e) Crime laboratory funds shall be established as | 17 | | follows:
| 18 | | (1) Any unit of local government which maintains a | 19 | | crime laboratory may
establish a crime laboratory fund | 20 | | within the office of the county or municipal treasurer.
| 21 | | (2) Any combination of units of local government which | 22 | | maintains a crime
laboratory may establish a crime | 23 | | laboratory fund within the office of the
treasurer of the | 24 | | county where the crime laboratory is situated.
| 25 | | (3) The State Crime Laboratory Fund is hereby
created | 26 | | as a special fund in the State Treasury. Notwithstanding |
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| 1 | | any other provision of law to the contrary, and in | 2 | | addition to any other transfers that may be provided by | 3 | | law, on the effective date of this amendatory Act of the | 4 | | 102nd General Assembly, or as soon thereafter as | 5 | | practical, the State Comptroller shall direct and the | 6 | | State Treasurer shall transfer the remaining balance from | 7 | | the State Offender DNA Identification System
Fund into the | 8 | | State Crime Laboratory Fund. Upon completion of the | 9 | | transfer, the State Offender DNA Identification System
| 10 | | Fund is dissolved, and any future deposits due to that | 11 | | Fund and any outstanding obligations or liabilities of | 12 | | that Fund shall pass to the State Crime Laboratory Fund.
| 13 | | (f) The analysis assessment provided for in subsection (c) | 14 | | of this
Section shall be forwarded to the office of the | 15 | | treasurer of the unit of
local government that performed the | 16 | | analysis if that unit of local
government has established a | 17 | | crime laboratory fund, or to the State Crime
Laboratory Fund | 18 | | if the analysis was performed by a laboratory operated by
the | 19 | | Illinois State Police. If the analysis was performed by a | 20 | | crime
laboratory funded by a combination of units of local | 21 | | government, the
analysis assessment shall be forwarded to the | 22 | | treasurer of the
county where the crime laboratory is situated | 23 | | if a crime laboratory fund
has been established in that | 24 | | county. If the unit of local government or
combination of | 25 | | units of local government has not established a crime
| 26 | | laboratory fund, then the analysis assessment shall be |
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| 1 | | forwarded to the State
Crime Laboratory Fund.
| 2 | | (g) Moneys deposited into a crime laboratory fund created | 3 | | pursuant to
paragraphs (1) or (2) of subsection (e) of this | 4 | | Section shall be in
addition to any allocations made pursuant | 5 | | to existing law and shall be
designated for the exclusive use | 6 | | of the crime laboratory. These uses may
include, but are not | 7 | | limited to, the following:
| 8 | | (1) costs incurred in providing analysis for | 9 | | controlled substances in
connection with criminal | 10 | | investigations conducted within this State;
| 11 | | (2) purchase and maintenance of equipment for use in | 12 | | performing analyses; and
| 13 | | (3) continuing education, training and professional | 14 | | development of
forensic
scientists regularly employed by | 15 | | these laboratories.
| 16 | | (h) Moneys deposited in the State Crime Laboratory Fund | 17 | | created pursuant
to paragraph (3) of subsection (d) of this | 18 | | Section shall be used by State
crime laboratories as | 19 | | designated by the Director of State Police. These
funds shall | 20 | | be in addition to any allocations made pursuant to existing | 21 | | law
and shall be designated for the exclusive use of State | 22 | | crime laboratories or for the sexual assault evidence tracking | 23 | | system created under Section 50 of the Sexual Assault Evidence | 24 | | Submission Act.
These uses may include those enumerated in | 25 | | subsection (g) of this Section.
| 26 | | (Source: P.A. 100-987, eff. 7-1-19; 101-377, eff. 8-16-19.)
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| | | HB3811 Enrolled | - 39 - | LRB102 16096 RJF 21470 b |
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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