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| [ Introduced ] | [ House Amendment 001 ] |
90_HB3674ham002
LRB9010763RCmbam02
1 AMENDMENT TO HOUSE BILL 3674
2 AMENDMENT NO. . Amend House Bill 3674, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Unified Code of Corrections is amended
6 by 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 institutionalized as sexually
10 dangerous; blood specimens; genetic marker groups.
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,
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1 conditional discharge or any other form of sentence, or
2 given a disposition of court supervision for the offense,
3 or
4 (1.5) found delinquent under the Juvenile Court Act
5 of 1987 for a sexual offense or attempt of a sexual
6 offense on or after the effective date of this amendatory
7 Act of 1996, or
8 (2) ordered institutionalized as a sexually
9 dangerous person on or after the effective date of this
10 amendatory Act of 1989, or
11 (3) convicted of a sexual offense or attempt of a
12 sexual offense before the effective date of this
13 amendatory Act of 1989 and is presently confined as a
14 result of such conviction in any State correctional
15 facility or county jail or is presently serving a
16 sentence of probation, conditional discharge or periodic
17 imprisonment as a result of such conviction, or
18 (4) presently institutionalized as a sexually
19 dangerous person or presently institutionalized as a
20 person found guilty but mentally ill of a sexual offense
21 or attempt to commit a sexual offense; or
22 (5) seeking transfer to or residency in Illinois
23 under Sections 3-3-11 through 3-3-11.5 of the Unified
24 Code of Corrections (Interstate Compact for the
25 Supervision of Parolees and Probationers) or the
26 Interstate Agreements on Sexually Dangerous Persons Act.
27 (b) Any person required by paragraphs (a)(1), (a)(1.5),
28 and (a)(2) to provide specimens of blood shall provide be
29 ordered by the court to have specimens of blood collected
30 within 45 days after sentencing or disposition at a
31 collection site designated by the Illinois Department of
32 State Police.
33 (c) Any person required by paragraphs (a)(3) and (a)(4)
34 to provide specimens of blood shall be required to provide
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1 such samples prior to final discharge, parole, or release at
2 a collection site designated by the Illinois Department of
3 State Police.
4 (c-5) Any person required by paragraph (a)(5) to provide
5 specimens of blood shall, where feasible, be required to
6 provide the specimens before being accepted for conditioned
7 residency in Illinois under the interstate compact or
8 agreement, but no later than 45 days after arrival in this
9 State.
10 (d) The Illinois Department of State Police shall
11 provide all equipment and instructions necessary for the
12 collection of blood samples. The collection of samples shall
13 be performed in a medically approved manner. Only a
14 physician authorized to practice medicine, a registered nurse
15 or other qualified person approved by the Illinois Department
16 of Public Health may withdraw blood for the purposes of this
17 Act. The samples shall thereafter be forwarded to the
18 Illinois Department of State Police, Division of Forensic
19 Services, for analysis and categorizing into genetic marker
20 groupings.
21 (e) The genetic marker groupings shall be maintained by
22 the Illinois Department of State Police, Division of Forensic
23 Services.
24 (f) The genetic marker grouping analysis information
25 obtained pursuant to this Act shall be confidential and shall
26 be released only to peace officers of the United States, of
27 other states or territories, of the insular possessions of
28 the United States, of foreign countries duly authorized to
29 receive the same, to all peace officers of the State of
30 Illinois and to all prosecutorial agencies. Notwithstanding
31 any other statutory provision to the contrary, all
32 information obtained under this Section shall be maintained
33 in a single data base and may not be subject to expungement.
34 (g) For the purposes of this Section, "sexual offense"
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1 means any of the following:
2 (1) Any violation of Sections 11-6, 11-9.1, 11-11,
3 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1,
4 12-13, 12-14, 12-14.1, 12-15, 12-16, or 12-33 of the
5 Criminal Code of 1961, or
6 (2) Any former statute of this State which defined
7 a felony sexual offense, or
8 (3) Any violation of paragraph (10) of subsection
9 (b) of Section 10-5 of the Criminal Code of 1961 when the
10 sentencing court, upon a motion by the State's Attorney
11 or Attorney General, makes a finding that the child
12 luring involved an intent to commit sexual penetration or
13 sexual conduct as defined in Section 12-12 of the
14 Criminal Code of 1961.
15 (h) The Illinois Department of State Police shall be the
16 State central repository for all genetic marker grouping
17 analysis information obtained pursuant to this Act. The
18 Illinois Department of State Police may promulgate rules for
19 the form and manner of the collection of blood samples and
20 other procedures for the operation of this Act. The
21 provisions of the Administrative Review Law shall apply to
22 all actions taken under the rules so promulgated.
23 (i) A person required ordered by the court to provide a
24 blood specimen shall cooperate with the collection of the
25 specimen and any deliberate act by that person intended to
26 impede, delay or stop the collection of the blood specimen is
27 a Class A misdemeanor shall be punishable as contempt of
28 court.
29 (j) Any person required by subsection (a) to submit
30 specimens of blood to the Illinois Department of State Police
31 for analysis and categorization into genetic marker grouping,
32 in addition to any other disposition, penalty, or fine
33 imposed, shall pay an analysis fee of $500. Upon verified
34 petition of the person, the court may suspend payment of all
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1 or part of the fee if it finds that the person does not have
2 the ability to pay the fee.
3 (k) All analysis and categorization fees provided for by
4 subsection (j) shall be regulated as follows:
5 (1) The State Offender DNA Identification System
6 Fund is hereby created as a special fund in the State
7 Treasury.
8 (2) All fees shall be collected by the clerk of the
9 court and forwarded to the State Offender DNA
10 Identification System Fund for deposit. The clerk of the
11 circuit court may retain the amount of $10 from each
12 collected analysis fee to offset administrative costs
13 incurred in carrying out the clerk's responsibilities
14 under this Section.
15 (3) Fees deposited into the State Offender DNA
16 Identification System Fund shall be used by Illinois
17 State Police crime laboratories as designated by the
18 Director of State Police. These funds shall be in
19 addition to any allocations made pursuant to existing
20 laws and shall be designated for the exclusive use of
21 State crime laboratories. These uses may include, but
22 are not limited to, the following:
23 (A) Costs incurred in providing analysis and
24 genetic marker categorization as required by
25 subsection (d).
26 (B) Costs incurred in maintaining genetic
27 marker groupings as required by subsection (e).
28 (C) Costs incurred in the purchase and
29 maintenance of equipment for use in performing
30 analyses.
31 (D) Costs incurred in continuing research and
32 development of new techniques for analysis and
33 genetic marker categorization.
34 (E) Costs incurred in continuing education,
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1 training, and professional development of forensic
2 scientists regularly employed by these laboratories.
3 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 12-13-95;
4 89-462, eff. 5-29-96; 89-550, eff. 1-1-97; 90-124, eff.
5 1-1-98; 90-130, eff. 1-1-98; revised 11-14-97.)".