State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ House Amendment 002 ]

90_HB0232enr

      730 ILCS 5/5-4-3          from Ch. 38, par. 1005-4-3
          Amends the Unified Code of  Corrections.   Provides  that
      the provisions requiring persons convicted of or who received
      dispositions of court supervision for various sexual offenses
      to  submit  blood  samples  for genetic marker groupings also
      applies to persons found not guilty by reason of insanity  or
      unfit  to  stand  trial.   Also  expands definition of sexual
      offenses.
                                                     LRB9001532RCks
HB0232 Enrolled                                LRB9001532RCks
 1        AN ACT to  amend  the  Unified  Code  of  Corrections  by
 2    changing Section 5-4-3.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Unified Code of Corrections is amended by
 6    changing Section 5-4-3 as follows:
 7        (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
 8        Sec. 5-4-3.  Persons convicted of,  or  found  delinquent
 9    for, sexual offenses or found sexually dangerous; blood tests
10    required.
11        (a)  Any  person  convicted  of, found delinquent for, or
12    who received a disposition of court supervision for, a sexual
13    offense or attempt of a sexual offense  or  institutionalized
14    as  a  sexually dangerous person under the Sexually Dangerous
15    Persons Act shall, regardless of the sentence or  disposition
16    imposed,  be  required  to  submit  specimens of blood to the
17    Illinois Department of State Police in  accordance  with  the
18    provisions of this Section, provided such person is:
19             (1)  convicted  of  a sexual offense or attempt of a
20        sexual offense on or after the  effective  date  of  this
21        amendatory  Act  of  1989,  and  sentenced  to  a term of
22        imprisonment,  periodic  imprisonment,  fine,  probation,
23        conditional discharge or any other form of  sentence,  or
24        given a disposition of court supervision for the offense,
25        or
26             (1.5)  found delinquent under the Juvenile Court Act
27        of  1987  for  a  sexual  offense  or attempt of a sexual
28        offense on or after the effective date of this amendatory
29        Act of 1996, or
30             (2)  ordered   institutionalized   as   a   sexually
31        dangerous person on or after the effective date  of  this
HB0232 Enrolled             -2-                LRB9001532RCks
 1        amendatory Act of 1989, or
 2             (3)  convicted  of  a sexual offense or attempt of a
 3        sexual  offense  before  the  effective  date   of   this
 4        amendatory  Act  of  1989  and is presently confined as a
 5        result of  such  conviction  in  any  State  correctional
 6        facility  or  county  jail  or  is  presently  serving  a
 7        sentence  of probation, conditional discharge or periodic
 8        imprisonment as a result of such conviction, or
 9             (4)  presently  institutionalized  as   a   sexually
10        dangerous  person  or  presently  institutionalized  as a
11        person found guilty but mentally ill of a sexual  offense
12        or attempt to commit a sexual offense; or
13             (5)  seeking  transfer  to  or residency in Illinois
14        under Sections 3-3-11 through  3-3-11.5  of  the  Unified
15        Code   of   Corrections   (Interstate   Compact  for  the
16        Supervision  of  Parolees  and   Probationers)   or   the
17        Interstate Agreements on Sexually Dangerous Persons Act.
18        (b)  Any  person required by paragraphs (a)(1), (a)(1.5),
19    and (a)(2) to provide specimens of blood shall be ordered  by
20    the court to have specimens of blood collected within 45 days
21    after   sentencing   or  disposition  at  a  collection  site
22    designated by the Illinois Department of State Police.
23        (c)  Any person required by paragraphs (a)(3) and  (a)(4)
24    to  provide  specimens  of blood shall be required to provide
25    such samples prior to final discharge, parole, or release  at
26    a  collection  site  designated by the Illinois Department of
27    State Police.
28        (c-5)  Any person required by paragraph (a)(5) to provide
29    specimens of blood shall,  where  feasible,  be  required  to
30    provide  the  specimens before being accepted for conditioned
31    residency  in  Illinois  under  the  interstate  compact   or
32    agreement,  but  no  later than 45 days after arrival in this
33    State.
34        (d)  The  Illinois  Department  of  State  Police   shall
HB0232 Enrolled             -3-                LRB9001532RCks
 1    provide  all  equipment  and  instructions  necessary for the
 2    collection of blood samples.  The collection of samples shall
 3    be  performed  in  a  medically  approved  manner.   Only   a
 4    physician authorized to practice medicine, a registered nurse
 5    or other qualified person approved by the Illinois Department
 6    of  Public Health may withdraw blood for the purposes of this
 7    Act.  The  samples  shall  thereafter  be  forwarded  to  the
 8    Illinois  Department  of  State  Police, Division of Forensic
 9    Services and Identification, for  analysis  and  categorizing
10    into genetic marker groupings.
11        (e)  The  genetic marker groupings shall be maintained by
12    the Illinois Department of State Police, Division of Forensic
13    Services and Identification.
14        (f)  The genetic  marker  grouping  analysis  information
15    obtained pursuant to this Act shall be confidential and shall
16    be  released  only to peace officers of the United States, of
17    other states or territories, of the  insular  possessions  of
18    the  United  States,  of foreign countries duly authorized to
19    receive the same, to all  peace  officers  of  the  State  of
20    Illinois  and  to all prosecutorial agencies. Notwithstanding
21    any  other  statutory  provision   to   the   contrary,   all
22    information  obtained  under this Section shall be maintained
23    in a single data base and may not be subject to expungement.
24        (g)  For the purposes of this Section,  "sexual  offense"
25    means any of the following:
26             (1)  Any  violation of Sections 11-6, 11-9.1, 11-11,
27        11-15.1, 11-17.1,  11-18.1,  11-19.1,  11-19.2,  11-20.1,
28        12-13,  12-14,  12-14.1, 12-15, or 12-16, or 12-33 of the
29        Criminal Code of 1961, or
30             (2)  Any former statute of this State which  defined
31    a felony sexual offense, or.
32             (3)  Any  violation  of paragraph (10) of subsection
33    (b) of Section 10-5 of the Criminal Code  of  1961  when  the
34    sentencing  court,  upon  a motion by the State's Attorney or
HB0232 Enrolled             -4-                LRB9001532RCks
 1    Attorney General, makes  a  finding  that  the  child  luring
 2    involved  an  intent  to  commit sexual penetration or sexual
 3    conduct as defined in Section 12-12 of the Criminal  Code  of
 4    1961.
 5        (h)  The Illinois Department of State Police shall be the
 6    State  central  repository  for  all  genetic marker grouping
 7    analysis information obtained  pursuant  to  this  Act.   The
 8    Illinois  Department of State Police may promulgate rules for
 9    the form and manner of the collection of  blood  samples  and
10    other   procedures  for  the  operation  of  this  Act.   The
11    provisions of the Administrative Review Law  shall  apply  to
12    all actions taken under the rules so promulgated.
13        (i)  A  person  ordered  by  the court to provide a blood
14    specimen shall cooperate with the collection of the  specimen
15    and  any  deliberate  act  by that person intended to impede,
16    delay or stop the collection of the blood specimen  shall  be
17    punishable as contempt of court.
18    (Source: P.A.  89-8,  eff.  1-1-96;  89-428,  eff.  12-13-95;
19    89-462, eff. 5-29-96; 89-550, eff. 1-1-97.)

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