[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ House Amendment 002 ] |
90_HB3674ham001
LRB9010763RCpcam
1 AMENDMENT TO HOUSE BILL 3674
2 AMENDMENT NO. . Amend House Bill 3674 by replacing
3 the title with the following:
4 "AN ACT to amend the Unified Code of Corrections by
5 changing Section 5-4-3."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Unified Code of Corrections is amended
9 by changing Section 5-4-3 as follows:
10 (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
11 Sec. 5-4-3. Persons convicted of, or found delinquent
12 for, sexual offenses or institutionalized as sexually
13 dangerous; blood specimens; genetic marker groups.
14 (a) Any person convicted of, found delinquent for, or
15 who received a disposition of court supervision for, a sexual
16 offense or attempt of a sexual offense or institutionalized
17 as a sexually dangerous person under the Sexually Dangerous
18 Persons Act shall, regardless of the sentence or disposition
19 imposed, be required to submit specimens of blood to the
20 Illinois Department of State Police in accordance with the
-2- LRB9010763RCpcam
1 provisions of this Section, provided such person is:
2 (1) convicted of a sexual offense or attempt of a
3 sexual offense on or after the effective date of this
4 amendatory Act of 1989, and sentenced to a term of
5 imprisonment, periodic imprisonment, fine, probation,
6 conditional discharge or any other form of sentence, or
7 given a disposition of court supervision for the offense,
8 or
9 (1.5) found delinquent under the Juvenile Court Act
10 of 1987 for a sexual offense or attempt of a sexual
11 offense on or after the effective date of this amendatory
12 Act of 1996, or
13 (2) ordered institutionalized as a sexually
14 dangerous person on or after the effective date of this
15 amendatory Act of 1989, or
16 (3) convicted of a sexual offense or attempt of a
17 sexual offense before the effective date of this
18 amendatory Act of 1989 and is presently confined as a
19 result of such conviction in any State correctional
20 facility or county jail or is presently serving a
21 sentence of probation, conditional discharge or periodic
22 imprisonment as a result of such conviction, or
23 (4) presently institutionalized as a sexually
24 dangerous person or presently institutionalized as a
25 person found guilty but mentally ill of a sexual offense
26 or attempt to commit a sexual offense; or
27 (5) seeking transfer to or residency in Illinois
28 under Sections 3-3-11 through 3-3-11.5 of the Unified
29 Code of Corrections (Interstate Compact for the
30 Supervision of Parolees and Probationers) or the
31 Interstate Agreements on Sexually Dangerous Persons Act.
32 (b) Any person required by paragraphs (a)(1), (a)(1.5),
33 and (a)(2) to provide specimens of blood shall be ordered by
34 the Illinois Department of State Police court to have
-3- LRB9010763RCpcam
1 specimens of blood collected within 45 days after sentencing
2 or disposition at a collection site designated by the
3 Illinois Department of State Police.
4 (c) Any person required by paragraphs (a)(3) and (a)(4)
5 to provide specimens of blood shall be required to provide
6 such samples prior to final discharge, parole, or release at
7 a collection site designated by the Illinois Department of
8 State Police.
9 (c-5) Any person required by paragraph (a)(5) to provide
10 specimens of blood shall, where feasible, be required to
11 provide the specimens before being accepted for conditioned
12 residency in Illinois under the interstate compact or
13 agreement, but no later than 45 days after arrival in this
14 State.
15 (d) The Illinois Department of State Police shall
16 provide all equipment and instructions necessary for the
17 collection of blood samples. The collection of samples shall
18 be performed in a medically approved manner. Only a
19 physician authorized to practice medicine, a registered nurse
20 or other qualified person approved by the Illinois Department
21 of Public Health may withdraw blood for the purposes of this
22 Act. The samples shall thereafter be forwarded to the
23 Illinois Department of State Police, Division of Forensic
24 Services, for analysis and categorizing into genetic marker
25 groupings.
26 (e) The genetic marker groupings shall be maintained by
27 the Illinois Department of State Police, Division of Forensic
28 Services.
29 (f) The genetic marker grouping analysis information
30 obtained pursuant to this Act shall be confidential and shall
31 be released only to peace officers of the United States, of
32 other states or territories, of the insular possessions of
33 the United States, of foreign countries duly authorized to
34 receive the same, to all peace officers of the State of
-4- LRB9010763RCpcam
1 Illinois and to all prosecutorial agencies. Notwithstanding
2 any other statutory provision to the contrary, all
3 information obtained under this Section shall be maintained
4 in a single data base and may not be subject to expungement.
5 (g) For the purposes of this Section, "sexual offense"
6 means any of the following:
7 (1) Any violation of Sections 11-6, 11-9.1, 11-11,
8 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1,
9 12-13, 12-14, 12-14.1, 12-15, 12-16, or 12-33 of the
10 Criminal Code of 1961, or
11 (2) Any former statute of this State which defined
12 a felony sexual offense, or
13 (3) Any violation of paragraph (10) of subsection
14 (b) of Section 10-5 of the Criminal Code of 1961 when the
15 sentencing court, upon a motion by the State's Attorney
16 or Attorney General, makes a finding that the child
17 luring involved an intent to commit sexual penetration or
18 sexual conduct as defined in Section 12-12 of the
19 Criminal Code of 1961.
20 (h) The Illinois Department of State Police shall be the
21 State central repository for all genetic marker grouping
22 analysis information obtained pursuant to this Act. The
23 Illinois Department of State Police may promulgate rules for
24 the form and manner of the collection of blood samples and
25 other procedures for the operation of this Act. The
26 provisions of the Administrative Review Law shall apply to
27 all actions taken under the rules so promulgated.
28 (i) A person ordered by the Illinois Department of State
29 Police court to provide a blood specimen shall cooperate with
30 the collection of the specimen and any deliberate act by that
31 person intended to impede, delay or stop the collection of
32 the blood specimen is a Class A misdemeanor shall be
33 punishable as contempt of court.
34 (j) Any person required by subsection (a) to submit
-5- LRB9010763RCpcam
1 specimens of blood to the Illinois Department of State Police
2 for analysis and categorization into genetic marker grouping,
3 in addition to any other disposition, penalty, or fine
4 imposed, shall pay an analysis fee of $500. Upon verified
5 petition of the person, the Illinois Department of State
6 Police court may suspend payment of all or part of the fee if
7 it finds that the person does not have the ability to pay the
8 fee.
9 (k) All analysis and categorization fees provided for by
10 subsection (j) shall be regulated as follows:
11 (1) The State Offender DNA Identification System
12 Fund is hereby created as a special fund in the State
13 Treasury.
14 (2) All fees shall be collected by the Illinois
15 Department of State Police clerk of the court and
16 forwarded to the State Offender DNA Identification System
17 Fund for deposit. The Illinois Department of State
18 Police clerk of the circuit court may retain the amount
19 of $10 from each collected analysis fee to offset
20 administrative costs incurred in carrying out the
21 Department's clerk's responsibilities under this Section.
22 (3) Fees deposited into the State Offender DNA
23 Identification System Fund shall be used by Illinois
24 State Police crime laboratories as designated by the
25 Director of State Police. These funds shall be in
26 addition to any allocations made pursuant to existing
27 laws and shall be designated for the exclusive use of
28 State crime laboratories. These uses may include, but
29 are not limited to, the following:
30 (A) Costs incurred in providing analysis and
31 genetic marker categorization as required by
32 subsection (d).
33 (B) Costs incurred in maintaining genetic
34 marker groupings as required by subsection (e).
-6- LRB9010763RCpcam
1 (C) Costs incurred in the purchase and
2 maintenance of equipment for use in performing
3 analyses.
4 (D) Costs incurred in continuing research and
5 development of new techniques for analysis and
6 genetic marker categorization.
7 (E) Costs incurred in continuing education,
8 training, and professional development of forensic
9 scientists regularly employed by these laboratories.
10 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 12-13-95;
11 89-462, eff. 5-29-96; 89-550, eff. 1-1-97; 90-124, eff.
12 1-1-98; 90-130, eff. 1-1-98; revised 11-14-97.)".