Public Act 094-0016
Public Act 0016 94TH GENERAL ASSEMBLY
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Public Act 094-0016
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| HB0992 Enrolled |
LRB094 03675 RLC 33680 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. 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.
| Notwithstanding other provisions of this Section, any | person sentenced to life imprisonment in a facility of the | Illinois Department of Corrections after the effective date of | this amendatory Act of the 94th General Assembly or sentenced |
| to death after the effective date of this amendatory Act of the | 94th General Assembly shall be required to provide a specimen | of blood, saliva, or tissue within 45 days after sentencing or | disposition at a collection site designated by the Illinois | Department of State Police. Any person serving a sentence of | life imprisonment in a facility of the Illinois Department of | Corrections on the effective date of this amendatory Act of the | 94th General Assembly or any person who is under a sentence of | death on the effective date of this amendatory Act of the 94th | General Assembly shall be required to provide a specimen of | blood, saliva, or tissue upon request at a collection site | designated by the Illinois Department of State Police.
| (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, (iv) quality
assurance
| purposes if personally identifying information is removed,
(v) | 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).
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| (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; 93-781, eff. 1-1-05.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 6/13/2005
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