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92_HB3717eng HB3717 Engrossed LRB9211582RCsbA 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Unified Code of Corrections is amended 5 by changing Section 5-4-3 as follows: 6 (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3) 7 Sec. 5-4-3. Persons convicted of, or found delinquent 8 for, certainqualifyingoffenses or institutionalized as 9 sexually dangerous;bloodspecimens; genetic marker groups. 10 (a) Any person convicted of, found guilty under the 11 Juvenile Court Act of 1987 for, or who received a disposition 12 of court supervision for, a qualifying offense or attempt of 13 a qualifying offense, convicted or found guilty of any 14 offense classified as a felony under Illinois law, found 15 guilty or given supervision for any offense classified as a 16 felony under the Juvenile Court Act of 1987, or 17 institutionalized as a sexually dangerous person under the 18 Sexually Dangerous Persons Act, or committed as a sexually 19 violent person under the Sexually Violent Persons Commitment 20 Act shall, regardless of the sentence or disposition imposed, 21 be required to submit specimens of blood, saliva, or tissue 22 to the Illinois Department of State Police in accordance with 23 the provisions of this Section, provided such person is: 24 (1) convicted of a qualifying offense or attempt of 25 a qualifying offense on or after the effective date of 26 this amendatory Act of 1989, and sentenced to a term of 27 imprisonment, periodic imprisonment, fine, probation, 28 conditional discharge or any other form of sentence, or 29 given a disposition of court supervision for the offense, 30 or 31 (1.5) found guilty or given supervision under the HB3717 Engrossed -2- LRB9211582RCsbA 1 Juvenile Court Act of 1987 for a qualifying offense or 2 attempt of a qualifying offense on or after the effective 3 date of this amendatory Act of 1996, or 4 (2) ordered institutionalized as a sexually 5 dangerous person on or after the effective date of this 6 amendatory Act of 1989, or 7 (3) convicted of a qualifying offense or attempt of 8 a qualifying offense before the effective date of this 9 amendatory Act of 1989 and is presently confined as a 10 result of such conviction in any State correctional 11 facility or county jail or is presently serving a 12 sentence of probation, conditional discharge or periodic 13 imprisonment as a result of such conviction, or 14 (3.5) convicted or found guilty of any offense 15 classified as a felony under Illinois law or found guilty 16 or given supervision for such an offense under the 17 Juvenile Court Act of 1987, 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 (4.5) ordered committed as a sexually violent 23 person on or after the effective date of the Sexually 24 Violent Persons Commitment Act; or 25 (5) seeking transfer to or residency in Illinois 26 under Sections 3-3-11 through 3-3-11.5 of the Unified 27 Code of Corrections (Interstate Compact for the 28 Supervision of Parolees and Probationers) or the 29 Interstate Agreements on Sexually Dangerous Persons Act. 30 Notwithstanding other provisions of this Section, any 31 person incarcerated in a facility of the Illinois Department 32 of Corrections on or after the effective date of this 33 amendatory Act of the 92nd General Assembly shall be required 34 to submit a specimen of blood, saliva, or tissue prior to his HB3717 Engrossed -3- LRB9211582RCsbA 1 or her release on parole or mandatory supervised release, as 2 a condition of his or her parole or mandatory supervised 3 release. 4 (a-5) Any person who was otherwise convicted of or 5 received a disposition of court supervision for any other 6 offense under the Criminal Code of 1961or any offense7classified as a felony under Illinois lawor who was found 8 guilty or given supervision for such a violation under the 9 Juvenile Court Act of 1987, may, regardless of the sentence 10 imposed, be required by an order of the court to submit 11 specimens of blood, saliva, or tissue to the Illinois 12 Department of State Police in accordance with the provisions 13 of this Section. 14 (b) Any person required by paragraphs (a)(1), (a)(1.5), 15 (a)(2), (a)(3.5), and (a-5) to provide specimens of blood, 16 saliva, or tissue shall provide specimens of blood, saliva, 17 or tissue within 45 days after sentencing or disposition at a 18 collection site designated by the Illinois Department of 19 State Police. 20 (c) Any person required by paragraphs (a)(3), (a)(4), 21 and (a)(4.5) to provide specimens of blood, saliva, or tissue 22 shall be required to provide such samples prior to final 23 discharge, parole, or release at a collection site designated 24 by the Illinois Department of State Police. 25 (c-5) Any person required by paragraph (a)(5) to provide 26 specimens of blood, saliva, or tissue shall, where feasible, 27 be required to provide the specimens before being accepted 28 for conditioned residency in Illinois under the interstate 29 compact or agreement, but no later than 45 days after arrival 30 in this State. 31 (c-6) The Illinois Department of State Police may 32 determine which type of specimen or specimens, blood, saliva, 33 or tissue, is acceptable for submission to the Division of 34 Forensic Services for analysis. HB3717 Engrossed -4- LRB9211582RCsbA 1 (d) The Illinois Department of State Police shall 2 provide all equipment and instructions necessary for the 3 collection of blood samples. The collection of samples shall 4 be performed in a medically approved manner. Only a 5 physician authorized to practice medicine, a registered nurse 6 or other qualified person trained in venipuncture may 7 withdraw blood for the purposes of this Act. The samples 8 shall thereafter be forwarded to the Illinois Department of 9 State Police, Division of Forensic Services, for analysis and 10 categorizing into genetic marker groupings. 11 (d-1) The Illinois Department of State Police shall 12 provide all equipment and instructions necessary for the 13 collection of saliva samples. The collection of saliva 14 samples shall be performed in a medically approved manner. 15 Only a person trained in the instructions promulgated by the 16 Illinois State Police on collecting saliva may collect saliva 17 for the purposes of this Section. The samples shall 18 thereafter be forwarded to the Illinois Department of State 19 Police, Division of Forensic Services, for analysis and 20 categorizing into genetic marker groupings. 21 (d-2) The Illinois Department of State Police shall 22 provide all equipment and instructions necessary for the 23 collection of tissue samples. The collection of tissue 24 samples shall be performed in a medically approved manner. 25 Only a person trained in the instructions promulgated by the 26 Illinois State Police on collecting tissue may collect tissue 27 for the purposes of this Section. The samples shall 28 thereafter be forwarded to the Illinois Department of State 29 Police, Division of Forensic Services, for analysis and 30 categorizing into genetic marker groupings. 31 (e) The genetic marker groupings shall be maintained by 32 the Illinois Department of State Police, Division of Forensic 33 Services. 34 (f) The genetic marker grouping analysis information HB3717 Engrossed -5- LRB9211582RCsbA 1 obtained pursuant to this Act shall be confidential and shall 2 be released only to peace officers of the United States, of 3 other states or territories, of the insular possessions of 4 the United States, of foreign countries duly authorized to 5 receive the same, to all peace officers of the State of 6 Illinois and to all prosecutorial agencies. Notwithstanding 7 any other statutory provision to the contrary, all 8 information obtained under this Section shall be maintained 9 in a single State data base, which may be uploaded into a 10 national database, and may not be subject to expungement. 11 (g) For the purposes of this Section, "qualifying 12 offense" means any of the following: 13 (1) Any violation or inchoate violation of Section 14 11-6, 11-9.1, 11-11, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 15 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, or 16 12-33 of the Criminal Code of 1961, or 17 (1.1) Any violation or inchoate violation of 18 Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 19 18-3, 18-4, 19-1, or 19-2 of the Criminal Code of 1961 20 for which persons are convicted on or after July 1, 2001, 21 or 22 (2) Any former statute of this State which defined 23 a felony sexual offense, or 24 (3) Any violation of paragraph (10) of subsection 25 (b) of Section 10-5 of the Criminal Code of 1961 when the 26 sentencing court, upon a motion by the State's Attorney 27 or Attorney General, makes a finding that the child 28 luring involved an intent to commit sexual penetration or 29 sexual conduct as defined in Section 12-12 of the 30 Criminal Code of 1961, or 31 (4) Any violation or inchoate violation of Section 32 9-3.1, 11-9.3, 12-3.3, 12-4.2, 12-4.3, 12-7.3, 12-7.4, 33 18-5, 19-3, 20-1.1, or 20.5-5 of the Criminal Code of 34 1961. HB3717 Engrossed -6- LRB9211582RCsbA 1 (g-5) The Department of State Police is not required to 2 provide equipment to collect or to accept or process blood, 3 saliva, or tissue specimens from individuals convicted of any 4 offense listed in paragraph (1.1) or (4) of subsection (g), 5 until acquisition of the resources necessary to process such 6 blood, saliva, or tissue specimens, or in the case of 7 paragraph (1.1) of subsection (g) until July 1, 2003, 8 whichever is earlier. 9 Upon acquisition of necessary resources, including an 10 appropriation for the purpose of implementing this amendatory 11 Act of the 91st General Assembly, but in the case of 12 paragraph (1.1) of subsection (g) no later than July 1, 2003, 13 the Department of State Police shall notify the Department of 14 Corrections, the Administrative Office of the Illinois 15 Courts, and any other entity deemed appropriate by the 16 Department of State Police, to begin blood specimen 17 collection from individuals convicted of offenses enumerated 18 in paragraphs (1.1) and (4) of subsection (g) that the 19 Department is prepared to provide collection equipment and 20 receive and process blood, saliva, or tissue specimens from 21 individuals convicted of offenses enumerated in paragraph 22 (1.1) of subsection (g). 23 Until the Department of State Police provides 24 notification, designated collection agencies are not required 25 to collect blood specimen from individuals convicted of 26 offenses enumerated in paragraphs (1.1) and (4) of subsection 27 (g). 28 (h) The Illinois Department of State Police shall be the 29 State central repository for all genetic marker grouping 30 analysis information obtained pursuant to this Act. The 31 Illinois Department of State Police may promulgate rules for 32 the form and manner of the collection of blood, saliva, or 33 tissue samples and other procedures for the operation of this 34 Act. The provisions of the Administrative Review Law shall HB3717 Engrossed -7- LRB9211582RCsbA 1 apply to all actions taken under the rules so promulgated. 2 (i) A person required to provide a blood, saliva, or 3 tissue specimen shall cooperate with the collection of the 4 specimen and any deliberate act by that person intended to 5 impede, delay or stop the collection of the blood, saliva, or 6 tissue specimen is a Class A misdemeanor. 7 (j) Any person required by subsection (a) to submit 8 specimens of blood, saliva, or tissue to the Illinois 9 Department of State Police for analysis and categorization 10 into genetic marker grouping, in addition to any other 11 disposition, penalty, or fine imposed, shall pay an analysis 12 fee of $500. Upon verified petition of the person, the court 13 may suspend payment of all or part of the fee if it finds 14 that the person does not have the ability to pay the fee. 15 (k) All analysis and categorization fees provided for by 16 subsection (j) shall be regulated as follows: 17 (1) The State Offender DNA Identification System 18 Fund is hereby created as a special fund in the State 19 Treasury. 20 (2) All fees shall be collected by the clerk of the 21 court and forwarded to the State Offender DNA 22 Identification System Fund for deposit. The clerk of the 23 circuit court may retain the amount of $10 from each 24 collected analysis fee to offset administrative costs 25 incurred in carrying out the clerk's responsibilities 26 under this Section. 27 (3) Fees deposited into the State Offender DNA 28 Identification System Fund shall be used by Illinois 29 State Police crime laboratories as designated by the 30 Director of State Police. These funds shall be in 31 addition to any allocations made pursuant to existing 32 laws and shall be designated for the exclusive use of 33 State crime laboratories. These uses may include, but 34 are not limited to, the following: HB3717 Engrossed -8- LRB9211582RCsbA 1 (A) Costs incurred in providing analysis and 2 genetic marker categorization as required by 3 subsection (d). 4 (B) Costs incurred in maintaining genetic 5 marker groupings as required by subsection (e). 6 (C) Costs incurred in the purchase and 7 maintenance of equipment for use in performing 8 analyses. 9 (D) Costs incurred in continuing research and 10 development of new techniques for analysis and 11 genetic marker categorization. 12 (E) Costs incurred in continuing education, 13 training, and professional development of forensic 14 scientists regularly employed by these laboratories. 15 (l) The failure of a person to provide a specimen, or of 16 any person or agency to collect a specimen, within the 45 day 17 period shall in no way alter the obligation of the person to 18 submit such specimen, or the authority of the Illinois 19 Department of State Police or persons designated by the 20 Department to collect the specimen, or the authority of the 21 Illinois Department of State Police to accept, analyze and 22 maintain the specimen or to maintain or upload results of 23 genetic marker grouping analysis information into a State or 24 national database. 25 (Source: P.A. 91-528, eff. 1-1-00; 92-16, eff. 6-28-01; 26 92-40, eff. 6-29-01.) 27 Section 99. Effective date. This Act takes effect upon 28 becoming law.