Public Act 093-0781
 
HB4424 Enrolled LRB093 19433 RLC 45171 b

    AN ACT concerning sexual assault.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Section 6.4 as follows:
 
    (410 ILCS 70/6.4)  (from Ch. 111 1/2, par. 87-6.4)
    Sec. 6.4. Sexual assault evidence collection program.
    (a) There is created a statewide sexual assault evidence
collection program to facilitate the prosecution of persons
accused of sexual assault. This program shall be administered
by the Illinois State Police. The program shall consist of the
following: (1) distribution of sexual assault evidence
collection kits which have been approved by the Illinois State
Police to hospitals that request them, or arranging for such
distribution by the manufacturer of the kits, (2) collection of
the kits from hospitals after the kits have been used to
collect evidence, (3) analysis of the collected evidence and
conducting of laboratory tests, and (4) maintaining the chain
of custody and safekeeping of the evidence for use in a legal
proceeding, and (5) the comparison of the collected evidence
with the genetic marker grouping analysis information
maintained by the Department of State Police under Section
5-4-3 of the Unified Code of Corrections and with the
information contained in the Federal Bureau of Investigation's
National DNA database; provided the amount and quality of
genetic marker grouping results obtained from the evidence in
the sexual assault case meets the requirements of both the
Department of State Police and the Federal Bureau of
Investigation's Combined DNA Index System (CODIS) policies.
The standardized evidence collection kit for the State of
Illinois shall be the State Police Evidence Collection Kit,
also known as "S.P.E.C.K.". A sexual assault evidence
collection kit may not be released by a hospital without the
written consent of the sexual assault survivor. In the case of
a survivor who is a minor 13 years of age or older, evidence
and information concerning the alleged sexual assault may be
released at the written request of the minor. If the survivor
is a minor who is under 13 years of age, evidence and
information concerning the alleged sexual assault may be
released at the written request of the parent, guardian,
investigating law enforcement officer, or Department of
Children and Family Services. Any health care professional,
including any physician or nurse, sexual assault nurse
examiner, and any health care institution, including any
hospital, who provides evidence or information to a law
enforcement officer pursuant to a written request as specified
in this Section is immune from any civil or professional
liability that might arise from those actions, with the
exception of willful or wanton misconduct. The immunity
provision applies only if all of the requirements of this
Section are met.
    (a-5) All sexual assault evidence collected using the State
Police Evidence Collection Kits before the effective date of
this amendatory Act of the 93rd General Assembly that have not
been previously analyzed and tested by the Department of State
Police shall be analyzed and tested within 2 years after
receipt of all necessary evidence and standards into the State
Police Laboratory if sufficient staffing and resources are
available. All sexual assault evidence collected using the
State Police Evidence Collection Kits on or after the effective
date of this amendatory Act of the 93rd General Assembly shall
be analyzed and tested by the Department of State Police within
one year after receipt of all necessary evidence and standards
into the State Police Laboratory if sufficient staffing and
resources are available.
    (b) The Illinois State Police shall administer a program to
train hospitals and hospital personnel participating in the
sexual assault evidence collection program, in the correct use
and application of the sexual assault evidence collection kits.
A sexual assault nurse examiner may conduct examinations using
the sexual assault evidence collection kits, without the
presence or participation of a physician. The Department of
Public Health shall cooperate with the Illinois State Police in
this program as it pertains to medical aspects of the evidence
collection.
    (c) In this Section, "sexual assault nurse examiner" means
a registered nurse who has completed a sexual assault nurse
examiner (SANE) training program that meets the Forensic Sexual
Assault Nurse Examiner Education Guidelines established by the
International Association of Forensic Nurses.
(Source: P.A. 91-888, eff. 7-6-00; 92-514, eff. 1-1-02.)
 
    Section 10. The Unified Code of Corrections is amended by
changing Section 5-4-3 as follows:
 
    (730 ILCS 5/5-4-3)  (from Ch. 38, par. 1005-4-3)
    Sec. 5-4-3. Persons convicted of, or found delinquent for,
certain offenses or institutionalized as sexually dangerous;
specimens; genetic marker groups.
    (a) Any person convicted of, found guilty under the
Juvenile Court Act of 1987 for, or who received a disposition
of court supervision for, a qualifying offense or attempt of a
qualifying offense, convicted or found guilty of any offense
classified as a felony under Illinois law, found guilty or
given supervision for any offense classified as a felony under
the Juvenile Court Act of 1987, or institutionalized as a
sexually dangerous person under the Sexually Dangerous Persons
Act, or committed as a sexually violent person under the
Sexually Violent Persons Commitment Act shall, regardless of
the sentence or disposition imposed, be required to submit
specimens of blood, saliva, or tissue to the Illinois
Department of State Police in accordance with the provisions of
this Section, provided such person is:
        (1) convicted of a qualifying offense or attempt of a
    qualifying offense on or after July 1, 1990 and sentenced
    to a term of imprisonment, periodic imprisonment, fine,
    probation, conditional discharge or any other form of
    sentence, or given a disposition of court supervision for
    the offense;
        (1.5) found guilty or given supervision under the
    Juvenile Court Act of 1987 for a qualifying offense or
    attempt of a qualifying offense on or after January 1,
    1997;
        (2) ordered institutionalized as a sexually dangerous
    person on or after July 1, 1990;
        (3) convicted of a qualifying offense or attempt of a
    qualifying offense before July 1, 1990 and is presently
    confined as a result of such conviction in any State
    correctional facility or county jail or is presently
    serving a sentence of probation, conditional discharge or
    periodic imprisonment as a result of such conviction;
        (3.5) convicted or found guilty of any offense
    classified as a felony under Illinois law or found guilty
    or given supervision for such an offense under the Juvenile
    Court Act of 1987 on or after August 22, 2002;
        (4) presently institutionalized as a sexually
    dangerous person or presently institutionalized as a
    person found guilty but mentally ill of a sexual offense or
    attempt to commit a sexual offense;
        (4.5) ordered committed as a sexually violent person on
    or after the effective date of the Sexually Violent Persons
    Commitment Act; or
        (5) seeking transfer to or residency in Illinois under
    Sections 3-3-11.05 through 3-3-11.5 of the Unified Code of
    Corrections and the Interstate Compact for Adult Offender
    Supervision or the Interstate Agreements on Sexually
    Dangerous Persons Act.
    Notwithstanding other provisions of this Section, any
person incarcerated in a facility of the Illinois Department of
Corrections on or after August 22, 2002 shall be required to
submit a specimen of blood, saliva, or tissue prior to his or
her final discharge or release on parole or mandatory
supervised release, as a condition of his or her parole or
mandatory supervised release.
    (a-5) Any person who was otherwise convicted of or received
a disposition of court supervision for any other offense under
the Criminal Code of 1961 or who was found guilty or given
supervision for such a violation under the Juvenile Court Act
of 1987, may, regardless of the sentence imposed, be required
by an order of the court to submit specimens of blood, saliva,
or tissue to the Illinois Department of State Police in
accordance with the provisions of this Section.
    (b) Any person required by paragraphs (a)(1), (a)(1.5),
(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
saliva, or tissue shall provide specimens of blood, saliva, or
tissue within 45 days after sentencing or disposition at a
collection site designated by the Illinois Department of State
Police.
    (c) Any person required by paragraphs (a)(3), (a)(4), and
(a)(4.5) to provide specimens of blood, saliva, or tissue shall
be required to provide such samples prior to final discharge,
parole, or release at a collection site designated by the
Illinois Department of State Police.
    (c-5) Any person required by paragraph (a)(5) to provide
specimens of blood, saliva, or tissue shall, where feasible, be
required to provide the specimens before being accepted for
conditioned residency in Illinois under the interstate compact
or agreement, but no later than 45 days after arrival in this
State.
    (c-6) The Illinois Department of State Police may determine
which type of specimen or specimens, blood, saliva, or tissue,
is acceptable for submission to the Division of Forensic
Services for analysis.
    (d) The Illinois Department of State Police shall provide
all equipment and instructions necessary for the collection of
blood samples. The collection of samples shall be performed in
a medically approved manner. Only a physician authorized to
practice medicine, a registered nurse or other qualified person
trained in venipuncture may withdraw blood for the purposes of
this Act. The samples shall thereafter be forwarded to the
Illinois Department of State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings.
    (d-1) The Illinois Department of State Police shall provide
all equipment and instructions necessary for the collection of
saliva samples. The collection of saliva samples shall be
performed in a medically approved manner. Only a person trained
in the instructions promulgated by the Illinois State Police on
collecting saliva may collect saliva for the purposes of this
Section. The samples shall thereafter be forwarded to the
Illinois Department of State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings.
    (d-2) The Illinois Department of State Police shall provide
all equipment and instructions necessary for the collection of
tissue samples. The collection of tissue samples shall be
performed in a medically approved manner. Only a person trained
in the instructions promulgated by the Illinois State Police on
collecting tissue may collect tissue for the purposes of this
Section. The samples shall thereafter be forwarded to the
Illinois Department of State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings.
    (d-5) To the extent that funds are available, the Illinois
Department of State Police shall contract with qualified
personnel and certified laboratories for the collection,
analysis, and categorization of known samples.
    (d-6) Agencies designated by the Illinois Department of
State Police and the Illinois Department of State Police may
contract with third parties to provide for the collection or
analysis of DNA, or both, of an offender's blood, saliva, and
tissue samples.
    (e) The genetic marker groupings shall be maintained by the
Illinois Department of State Police, Division of Forensic
Services.
    (f) The genetic marker grouping analysis information
obtained pursuant to this Act shall be confidential and shall
be released only to peace officers of the United States, of
other states or territories, of the insular possessions of the
United States, of foreign countries duly authorized to receive
the same, to all peace officers of the State of Illinois and to
all prosecutorial agencies, and to defense counsel as provided
by Section 116-5 of the Code of Criminal Procedure of 1963. The
genetic marker grouping analysis information obtained pursuant
to this Act shall be used only for (i) valid law enforcement
identification purposes and as required by the Federal Bureau
of Investigation for participation in the National DNA
database, (ii) technology validation purposes, (iii) a
population statistics database, or (iv) quality assurance
purposes if personally identifying information is removed, or
(v) (iii) assisting in the defense of the criminally accused
pursuant to Section 116-5 of the Code of Criminal Procedure of
1963, or (vi) identifying and assisting in the prosecution of a
person who is suspected of committing a sexual assault as
defined in Section 1a of the Sexual Assault Survivors Emergency
Treatment Act. Notwithstanding any other statutory provision
to the contrary, all information obtained under this Section
shall be maintained in a single State data base, which may be
uploaded into a national database, and which information may be
subject to expungement only as set forth in subsection (f-1).
    (f-1) Upon receipt of notification of a reversal of a
conviction based on actual innocence, or of the granting of a
pardon pursuant to Section 12 of Article V of the Illinois
Constitution, if that pardon document specifically states that
the reason for the pardon is the actual innocence of an
individual whose DNA record has been stored in the State or
national DNA identification index in accordance with this
Section by the Illinois Department of State Police, the DNA
record shall be expunged from the DNA identification index, and
the Department shall by rule prescribe procedures to ensure
that the record and any samples, analyses, or other documents
relating to such record, whether in the possession of the
Department or any law enforcement or police agency, or any
forensic DNA laboratory, including any duplicates or copies
thereof, are destroyed and a letter is sent to the court
verifying the expungement is completed.
    (f-5) Any person who intentionally uses genetic marker
grouping analysis information, or any other information
derived from a DNA sample, beyond the authorized uses as
provided under this Section, or any other Illinois law, is
guilty of a Class 4 felony, and shall be subject to a fine of
not less than $5,000.
    (f-6) The Illinois Department of State Police may contract
with third parties for the purposes of implementing this
amendatory Act of the 93rd General Assembly. Any other party
contracting to carry out the functions of this Section shall be
subject to the same restrictions and requirements of this
Section insofar as applicable, as the Illinois Department of
State Police, and to any additional restrictions imposed by the
Illinois Department of State Police.
    (g) For the purposes of this Section, "qualifying offense"
means any of the following:
        (1) any violation or inchoate violation of Section
    11-6, 11-9.1, 11-11, 11-18.1, 12-15, or 12-16 of the
    Criminal Code of 1961;
        (1.1) any violation or inchoate violation of Section
    9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
    18-4, 19-1, or 19-2 of the Criminal Code of 1961 for which
    persons are convicted on or after July 1, 2001;
        (2) any former statute of this State which defined a
    felony sexual offense;
        (3) (blank);
        (4) any inchoate violation of Section 9-3.1, 11-9.3,
    12-7.3, or 12-7.4 of the Criminal Code of 1961; or
        (5) any violation or inchoate violation of Article 29D
    of the Criminal Code of 1961.
    (g-5) (Blank).
    (h) The Illinois Department of State Police shall be the
State central repository for all genetic marker grouping
analysis information obtained pursuant to this Act. The
Illinois Department of State Police may promulgate rules for
the form and manner of the collection of blood, saliva, or
tissue samples and other procedures for the operation of this
Act. The provisions of the Administrative Review Law shall
apply to all actions taken under the rules so promulgated.
    (i) (1) A person required to provide a blood, saliva, or
    tissue specimen shall cooperate with the collection of the
    specimen and any deliberate act by that person intended to
    impede, delay or stop the collection of the blood, saliva,
    or tissue specimen is a Class A misdemeanor.
        (2) In the event that a person's DNA sample is not
    adequate for any reason, the person shall provide another
    DNA sample for analysis. Duly authorized law enforcement
    and corrections personnel may employ reasonable force in
    cases in which an individual refuses to provide a DNA
    sample required under this Act.
    (j) Any person required by subsection (a) to submit
specimens of blood, saliva, or tissue to the Illinois
Department of State Police for analysis and categorization into
genetic marker grouping, in addition to any other disposition,
penalty, or fine imposed, shall pay an analysis fee of $200. If
the analysis fee is not paid at the time of sentencing, the
court shall establish a fee schedule by which the entire amount
of the analysis fee shall be paid in full, such schedule not to
exceed 24 months from the time of conviction. The inability to
pay this analysis fee shall not be the sole ground to
incarcerate the person.
    (k) All analysis and categorization fees provided for by
subsection (j) shall be regulated as follows:
        (1) The State Offender DNA Identification System Fund
    is hereby created as a special fund in the State Treasury.
        (2) All fees shall be collected by the clerk of the
    court and forwarded to the State Offender DNA
    Identification System Fund for deposit. The clerk of the
    circuit court may retain the amount of $10 from each
    collected analysis fee to offset administrative costs
    incurred in carrying out the clerk's responsibilities
    under this Section.
        (3) Fees deposited into the State Offender DNA
    Identification System Fund shall be used by Illinois State
    Police crime laboratories as designated by the Director of
    State Police. These funds shall be in addition to any
    allocations made pursuant to existing laws and shall be
    designated for the exclusive use of State crime
    laboratories. These uses may include, but are not limited
    to, the following:
            (A) Costs incurred in providing analysis and
        genetic marker categorization as required by
        subsection (d).
            (B) Costs incurred in maintaining genetic marker
        groupings as required by subsection (e).
            (C) Costs incurred in the purchase and maintenance
        of equipment for use in performing analyses.
            (D) Costs incurred in continuing research and
        development of new techniques for analysis and genetic
        marker categorization.
            (E) Costs incurred in continuing education,
        training, and professional development of forensic
        scientists regularly employed by these laboratories.
    (l) The failure of a person to provide a specimen, or of
any person or agency to collect a specimen, within the 45 day
period shall in no way alter the obligation of the person to
submit such specimen, or the authority of the Illinois
Department of State Police or persons designated by the
Department to collect the specimen, or the authority of the
Illinois Department of State Police to accept, analyze and
maintain the specimen or to maintain or upload results of
genetic marker grouping analysis information into a State or
national database.
    (m) If any provision of this amendatory Act of the 93rd
General Assembly is held unconstitutional or otherwise
invalid, the remainder of this amendatory Act of the 93rd
General Assembly is not affected.
(Source: P.A. 92-16, eff. 6-28-01; 92-40, eff. 6-29-01; 92-571,
eff. 6-26-02; 92-600, eff. 6-28-02; 92-829, eff. 8-22-02;
92-854, eff. 12-5-02; 93-216, eff. 1-1-04; 93-605, eff.
11-19-03; revised 12-9-03.)