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91_SB0644
LRB9104253RCcd
1 AN ACT to amend the Unified Code of Corrections by
2 changing Sections 3-3-11.5 and 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 Sections 3-3-11.5 and 5-4-3 as follows:
7 (730 ILCS 5/3-3-11.5)
8 Sec. 3-3-11.5. Sex offender and forcible felony offender
9 restrictions.
10 (a) Definition. For purposes of this Act: , a
11 "Sex offender" is any person who has ever been convicted
12 of a sexual offense or attempt to commit a sexual offense,
13 and sentenced to a term of imprisonment, periodic
14 imprisonment, fine, probation, conditional discharge or any
15 other form of sentence, or given a disposition of court
16 supervision for the offense; or adjudicated or found to be a
17 sexually dangerous person under any law substantially similar
18 to the Sexually Dangerous Persons Act; and
19 "Forcible felony offender" is any person who has been
20 convicted of a forcible felony as defined in Section 2-8 of
21 the Criminal Code of 1961 or a substantially similar offense
22 of another state.
23 (b) Residency restrictions. No sex offender shall be
24 accepted for supervised or conditioned residency in Illinois
25 under the Interstate Compact for the Supervision of Parolees
26 and Probationers unless he or she:
27 (1) Complies with any registration requirements
28 imposed by the Sex Offender Registration Act within the
29 times prescribed and with law enforcement agencies
30 designated under that Act;
31 (2) Complies with the requirements of paragraph
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1 (a)(5) of Section 5-4-3 of the Unified Code of
2 Corrections relating to the submission of blood specimens
3 for genetic marker grouping by persons seeking transfer
4 to or residency in Illinois; and
5 (3) Signs a written form approved by the Department
6 of Corrections which, at a minimum, includes the
7 substance of this Section or a summary of it and an
8 acknowledgement that he or she agrees to abide by the
9 conditions set forth in that document and this Section.
10 (Source: P.A. 89-8, eff. 1-1-96.)
11 (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
12 Sec. 5-4-3. Persons convicted of, or found delinquent
13 for, forcible felonies, sexual offenses or institutionalized
14 as sexually dangerous; blood specimens; genetic marker
15 groups.
16 (a) Any person convicted of, found delinquent for, or
17 who received a disposition of court supervision for, a
18 forcible felony, a sexual offense or attempt of a sexual
19 offense or institutionalized as a sexually dangerous person
20 under the Sexually Dangerous Persons Act shall, regardless of
21 the sentence or disposition imposed, be required to submit
22 specimens of blood to the Illinois Department of State Police
23 in accordance with the provisions of this Section, provided
24 such person is:
25 (1) convicted of a forcible felony, a sexual
26 offense or attempt of a sexual offense on or after the
27 effective date of this amendatory Act of 1989, and
28 sentenced to a term of imprisonment, periodic
29 imprisonment, fine, probation, conditional discharge or
30 any other form of sentence, or given a disposition of
31 court supervision for the offense, or
32 (1.5) found delinquent under the Juvenile Court Act
33 of 1987 for a forcible felony, a sexual offense or
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1 attempt of a sexual offense on or after the effective
2 date of this amendatory Act of 1996, or
3 (2) ordered institutionalized as a sexually
4 dangerous person on or after the effective date of this
5 amendatory Act of 1989, or
6 (3) convicted of a forcible felony, a sexual
7 offense or attempt of a sexual offense before the
8 effective date of this amendatory Act of 1989 and is
9 presently confined as a result of such conviction in any
10 State correctional facility or county jail or is
11 presently serving a sentence of probation, conditional
12 discharge or periodic imprisonment as a result of such
13 conviction, or
14 (4) presently institutionalized as a sexually
15 dangerous person or presently institutionalized as a
16 person found guilty but mentally ill of a forcible
17 felony, a sexual offense or attempt to commit a sexual
18 offense; or
19 (5) seeking transfer to or residency in Illinois
20 under Sections 3-3-11 through 3-3-11.5 of the Unified
21 Code of Corrections (Interstate Compact for the
22 Supervision of Parolees and Probationers) or the
23 Interstate Agreements on Sexually Dangerous Persons Act.
24 (b) Any person required by paragraphs (a)(1), (a)(1.5),
25 and (a)(2) to provide specimens of blood shall provide
26 specimens of blood within 45 days after sentencing or
27 disposition at a collection site designated by the Illinois
28 Department of State Police.
29 (c) Any person required by paragraphs (a)(3) and (a)(4)
30 to provide specimens of blood shall be required to provide
31 such samples prior to final discharge, parole, or release at
32 a collection site designated by the Illinois Department of
33 State Police.
34 (c-5) Any person required by paragraph (a)(5) to provide
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1 specimens of blood shall, where feasible, be required to
2 provide the specimens before being accepted for conditioned
3 residency in Illinois under the interstate compact or
4 agreement, but no later than 45 days after arrival in this
5 State.
6 (d) The Illinois Department of State Police shall
7 provide all equipment and instructions necessary for the
8 collection of blood samples. The collection of samples shall
9 be performed in a medically approved manner. Only a
10 physician authorized to practice medicine, a registered nurse
11 or other qualified person approved by the Illinois Department
12 of Public Health may withdraw blood for the purposes of this
13 Act. The samples shall thereafter be forwarded to the
14 Illinois Department of State Police, Division of Forensic
15 Services, for analysis and categorizing into genetic marker
16 groupings.
17 (e) The genetic marker groupings shall be maintained by
18 the Illinois Department of State Police, Division of Forensic
19 Services.
20 (f) The genetic marker grouping analysis information
21 obtained pursuant to this Act shall be confidential and shall
22 be released only to peace officers of the United States, of
23 other states or territories, of the insular possessions of
24 the United States, of foreign countries duly authorized to
25 receive the same, to all peace officers of the State of
26 Illinois and to all prosecutorial agencies. Notwithstanding
27 any other statutory provision to the contrary, all
28 information obtained under this Section shall be maintained
29 in a single data base and may not be subject to expungement.
30 (g) For the purposes of this Section, "sexual offense"
31 means any of the following:
32 (1) Any violation of Sections 11-6, 11-9.1, 11-11,
33 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1,
34 12-13, 12-14, 12-14.1, 12-15, 12-16, or 12-33 of the
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1 Criminal Code of 1961, or
2 (2) Any former statute of this State which defined
3 a felony sexual offense, or
4 (3) Any violation of paragraph (10) of subsection
5 (b) of Section 10-5 of the Criminal Code of 1961 when the
6 sentencing court, upon a motion by the State's Attorney
7 or Attorney General, makes a finding that the child
8 luring involved an intent to commit sexual penetration or
9 sexual conduct as defined in Section 12-12 of the
10 Criminal Code of 1961.
11 (g-5) For the purpose of this Section, "forcible felony"
12 has the meaning ascribed to it by Section 2-8 of the Criminal
13 Code of 1961.
14 (h) The Illinois Department of State Police shall be the
15 State central repository for all genetic marker grouping
16 analysis information obtained pursuant to this Act. The
17 Illinois Department of State Police may promulgate rules for
18 the form and manner of the collection of blood samples and
19 other procedures for the operation of this Act. The
20 provisions of the Administrative Review Law shall apply to
21 all actions taken under the rules so promulgated.
22 (i) A person required to provide a blood specimen shall
23 cooperate with the collection of the specimen and any
24 deliberate act by that person intended to impede, delay or
25 stop the collection of the blood specimen is a Class A
26 misdemeanor.
27 (j) Any person required by subsection (a) to submit
28 specimens of blood to the Illinois Department of State Police
29 for analysis and categorization into genetic marker grouping,
30 in addition to any other disposition, penalty, or fine
31 imposed, shall pay an analysis fee of $500. Upon verified
32 petition of the person, the court may suspend payment of all
33 or part of the fee if it finds that the person does not have
34 the ability to pay the fee.
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1 (k) All analysis and categorization fees provided for by
2 subsection (j) shall be regulated as follows:
3 (1) The State Offender DNA Identification System
4 Fund is hereby created as a special fund in the State
5 Treasury.
6 (2) All fees shall be collected by the clerk of the
7 court and forwarded to the State Offender DNA
8 Identification System Fund for deposit. The clerk of the
9 circuit court may retain the amount of $10 from each
10 collected analysis fee to offset administrative costs
11 incurred in carrying out the clerk's responsibilities
12 under this Section.
13 (3) Fees deposited into the State Offender DNA
14 Identification System Fund shall be used by Illinois
15 State Police crime laboratories as designated by the
16 Director of State Police. These funds shall be in
17 addition to any allocations made pursuant to existing
18 laws and shall be designated for the exclusive use of
19 State crime laboratories. These uses may include, but
20 are not limited to, the following:
21 (A) Costs incurred in providing analysis and
22 genetic marker categorization as required by
23 subsection (d).
24 (B) Costs incurred in maintaining genetic
25 marker groupings as required by subsection (e).
26 (C) Costs incurred in the purchase and
27 maintenance of equipment for use in performing
28 analyses.
29 (D) Costs incurred in continuing research and
30 development of new techniques for analysis and
31 genetic marker categorization.
32 (E) Costs incurred in continuing education,
33 training, and professional development of forensic
34 scientists regularly employed by these laboratories.
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1 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 12-13-95;
2 89-462, eff. 5-29-96; 89-550, eff. 1-1-97; 90-124, eff.
3 1-1-98; 90-130, eff. 1-1-98; 90-655, eff. 7-30-98, 90-793,
4 eff. 8-14-98.)