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| Public Act 097-0383 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by | ||||
changing Section 5-4-3 as follows:
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(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
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Sec. 5-4-3. Specimens 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, convicted or found | ||||
guilty of any offense requiring registration under the Sex | ||||
Offender Registration Act, found guilty or given
supervision | ||||
for any offense classified as a felony under the Juvenile Court | ||||
Act
of 1987, convicted or found guilty of, under the Juvenile | ||||
Court Act of 1987, any offense requiring registration under the | ||||
Sex Offender Registration Act, or institutionalized as a | ||||
sexually dangerous person under the Sexually
Dangerous Persons | ||||
Act, or committed as a sexually violent person under the
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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:
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(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,
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probation, conditional discharge or any other form of | ||
sentence, or given a
disposition of court supervision for | ||
the offense;
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(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;
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(2) ordered institutionalized as a sexually dangerous | ||
person on or after
July 1, 1990;
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(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
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correctional facility or county jail or is presently | ||
serving a sentence of
probation, conditional discharge or | ||
periodic imprisonment as a result of such
conviction;
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(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;
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(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; or
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(4.5) ordered committed as a sexually violent person on | ||
or after the
effective date of the Sexually Violent Persons | ||
Commitment Act. ; or
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(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.
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(a-1) Any Notwithstanding other provisions of this | ||
Section, any person incarcerated in
a facility of the Illinois | ||
Department of Corrections or the Illinois Department of | ||
Juvenile Justice on or after August 22,
2002, whether for a | ||
term of years, natural life, or a sentence of death, who has | ||
not yet submitted a specimen sample of blood, saliva, or tissue | ||
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, or within 6 | ||
months from August 13, 2009 (the effective date of Public Act | ||
96-426), whichever is sooner. A person incarcerated on or after | ||
August 13, 2009 (the effective date of Public Act 96-426) shall | ||
be required to submit a specimen sample within 45 days of | ||
incarceration, or 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, | ||
whichever is sooner. These specimens shall be placed into the | ||
State or national DNA database, to be used in accordance with | ||
other provisions of this Section, by the Illinois State Police.
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(a-2) Any 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.
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(a-3) Any person seeking transfer to or residency in | ||
Illinois under Sections 3-3-11.05
through 3-3-11.5 of this | ||
Code, the Interstate Compact
for Adult Offender Supervision, or | ||
the Interstate Agreements on Sexually
Dangerous Persons Act | ||
shall be required to provide a specimen of blood, saliva, or | ||
tissue within 45 days after transfer to or residency in | ||
Illinois at a collection site designated by the Illinois | ||
Department of State Police. | ||
(a-3.1) Any person required by an order of the court to | ||
submit a DNA specimen shall be required to provide a specimen | ||
of blood, saliva, or tissue within 45 days after the court | ||
order at a collection site designated by the Illinois | ||
Department of State Police. | ||
(a-3.2) On or after the effective date of this amendatory | ||
Act of the 97th General Assembly, any person arrested for any | ||
of the following offenses, after an indictment has been | ||
returned by a grand jury, or following a hearing pursuant to | ||
Section 109-3 of the Code of Criminal Procedure of 1963 and a | ||
judge finds there is probable cause to believe the arrestee has | ||
committed one of the designated offenses, or an arrestee has | ||
waived a preliminary hearing shall be required to provide a | ||
specimen of blood, saliva, or tissue within 14 days after such | ||
indictment or hearing at a collection site designated by the | ||
Illinois Department of State Police: | ||
(A) first degree murder; | ||
(B) home invasion; | ||
(C) predatory criminal sexual assault
of a child; | ||
(D) aggravated criminal sexual assault; or | ||
(E) criminal sexual assault. | ||
(a-3.3) Any person required to register as a sex offender | ||
under the Sex Offender Registration Act, regardless of the date | ||
of conviction as set forth in subsection (c-5.2) shall be | ||
required to provide a specimen of blood, saliva, or tissue | ||
within the time period prescribed in subsection (c-5.2) 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.
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(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.
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(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 specimens samples prior to final | ||
discharge or within 6 months from August 13, 2009 (the | ||
effective date of Public Act 96-426), whichever is sooner. | ||
These specimens shall be placed into the State or national DNA | ||
database, to be used in accordance with other provisions of | ||
this Act, by the Illinois State Police.
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(c-5) Any person required by paragraph (a-3) (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.
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(c-5.2) Unless it is determined that a registered sex | ||
offender has previously submitted a specimen of blood, saliva, | ||
or tissue that has been placed into the State DNA database, a | ||
person registering as a sex offender shall be required to | ||
submit a specimen at the time of his or her initial | ||
registration pursuant to the Sex Offender Registration Act or, | ||
for a person registered as a sex offender on or prior to the | ||
effective date of this amendatory Act of the 97th General | ||
Assembly, within one year of the effective date of this | ||
amendatory Act or at the time of his or her next required | ||
registration. | ||
(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. The Illinois Department of State Police | ||
may require the submission of fingerprints from anyone required | ||
to give a specimen under this Act.
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(d) The Illinois Department of State Police shall provide | ||
all equipment
and instructions necessary for the collection of | ||
blood specimens samples.
The collection of specimens 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 specimens samples
shall | ||
thereafter be forwarded to the Illinois Department of State | ||
Police,
Division of Forensic Services, for analysis and
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categorizing into genetic marker groupings.
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(d-1) The Illinois Department of State Police shall provide | ||
all equipment
and instructions necessary for the collection of | ||
saliva specimens samples. The
collection of saliva specimens | ||
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 specimens samples shall | ||
thereafter be forwarded to the Illinois Department
of State | ||
Police, Division of Forensic Services, for analysis and | ||
categorizing
into genetic marker groupings.
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(d-2) The Illinois Department of State Police shall provide | ||
all equipment
and instructions necessary for the collection of | ||
tissue specimens samples. The
collection of tissue specimens | ||
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 specimens samples shall | ||
thereafter be forwarded to the Illinois Department
of State | ||
Police, Division of Forensic Services, for analysis and | ||
categorizing
into genetic marker groupings.
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(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 specimens samples, | ||
except as provided in subsection (n) of this Section.
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(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 specimens samples, except as provided in subsection (n) | ||
of this Section.
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(e) The genetic marker groupings shall be maintained by the | ||
Illinois
Department of State Police, Division of Forensic | ||
Services.
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(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
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purposes if personally identifying information is removed,
(v) | ||
assisting in the defense of the criminally accused pursuant
to
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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
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the Department shall by rule prescribe procedures to ensure | ||
that the record and
any specimens 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. For specimens required | ||
to be collected prior to conviction, unless the individual has | ||
other charges or convictions that require submission of a | ||
specimen, the DNA record for an individual shall be expunged | ||
from the DNA identification databases and the specimen | ||
destroyed upon receipt of a certified copy of a final court | ||
order for each charge against an individual in which the charge | ||
has been dismissed, resulted in acquittal, or that the charge | ||
was not filed within the applicable time period. The Department | ||
shall by rule prescribe procedures to ensure that the record | ||
and any specimens in the possession or control of the | ||
Department are destroyed and a letter is sent to the court | ||
verifying the expungement is completed.
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(f-5) Any person who intentionally uses genetic marker | ||
grouping analysis
information, or any other information | ||
derived from a DNA specimen sample, beyond the
authorized uses | ||
as provided under this Section, or any other Illinois law, is
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guilty of a Class 4 felony, and shall be subject to a fine of | ||
not less than
$5,000.
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(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, except as provided | ||
in subsection (n) of this Section. 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
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to any additional restrictions imposed by the Illinois | ||
Department of State
Police.
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(g) For the purposes of this Section, "qualifying offense" | ||
means any of
the following:
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(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;
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(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;
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(2) any former statute of this State which defined a | ||
felony sexual
offense;
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(3) (blank);
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(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
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(5) any violation or inchoate violation of Article 29D | ||
of the Criminal
Code of 1961.
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(g-5) (Blank).
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(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 specimens 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.
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(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 4 felony A misdemeanor.
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(2) In the event that a person's DNA specimen sample is | ||
not adequate for any
reason, the person shall provide | ||
another DNA specimen 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 specimen sample required under this
Act.
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(j) Any person required by subsection (a), or any person | ||
who was previously required by subsection (a-3.2), to submit | ||
specimens of blood,
saliva, or tissue to
the Illinois | ||
Department of State Police for analysis and categorization into
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genetic marker grouping, in addition to any other disposition, | ||
penalty, or
fine imposed, shall pay an analysis fee of $250 | ||
$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.
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(k) All analysis and categorization fees provided for by | ||
subsection (j)
shall be regulated as follows:
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(1) The State Offender DNA Identification System Fund | ||
is hereby created as
a special fund in the State Treasury.
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(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.
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(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:
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(A) Costs incurred in providing analysis and | ||
genetic marker
categorization as required by | ||
subsection (d).
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(B) Costs incurred in maintaining genetic marker | ||
groupings as required
by subsection (e).
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(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.
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(E) Costs incurred in continuing education, | ||
training, and professional
development of forensic | ||
scientists regularly employed by these laboratories.
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(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.
| ||
(n) Neither the Department of State Police, the Division of | ||
Forensic Services, nor any laboratory of the Division of | ||
Forensic Services may contract out forensic testing for the | ||
purpose of an active investigation or a matter pending before a | ||
court of competent jurisdiction without the written consent of | ||
the prosecuting agency. For the purposes of this subsection | ||
(n), "forensic testing" includes the analysis of physical | ||
evidence in an investigation or other proceeding for the | ||
prosecution of a violation of the Criminal Code of 1961 or for | ||
matters adjudicated under the Juvenile Court Act of 1987, and | ||
includes the use of forensic databases and databanks, including | ||
DNA, firearm, and fingerprint databases, and expert testimony. | ||
(o) Mistake does not invalidate a database match. The | ||
detention, arrest, or conviction of a person based upon a | ||
database match or database information is not invalidated if it | ||
is determined that the specimen was obtained or placed in the | ||
database by mistake. | ||
(p) This Section may be referred to as the Illinois DNA | ||
Database Law of 2011. | ||
(Source: P.A. 96-426, eff. 8-13-09; 96-642, eff. 8-24-09; | ||
96-1000, eff. 7-2-10.)
| ||
Section 10. The Sex Offender Registration Act is amended by | ||
changing Section 8 as follows:
| ||
(730 ILCS 150/8) (from Ch. 38, par. 228)
| ||
Sec. 8. Registration and DNA submission requirements | ||
Requirements. | ||
(a) Registration. Registration as required by this
Article | ||
shall consist of a statement in writing signed by the person | ||
giving the
information that is required by the Department of | ||
State Police, which may
include the fingerprints and must | ||
include a current photograph of the person, to be updated | ||
annually. If the sex offender is a child sex offender as | ||
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||
1961, he or she shall sign a statement that he or she | ||
understands that according to Illinois law as a child sex | ||
offender he or she may not reside within 500 feet of a school, | ||
park, or playground. The offender may also not reside within | ||
500 feet of a facility providing services directed exclusively | ||
toward persons under 18 years of age unless the sex offender | ||
meets specified exemptions. The
registration
information must | ||
include whether the person is a sex offender as
defined
in the | ||
Sex Offender Community Notification
Law. Within 3
days, the
| ||
registering law enforcement agency shall forward any
required | ||
information to the Department of State Police. The registering
| ||
law enforcement agency shall
enter the information into the Law | ||
Enforcement Agencies Data System (LEADS) as
provided in | ||
Sections 6 and 7 of the Intergovernmental Missing Child | ||
Recovery
Act of 1984.
| ||
(b) DNA submission. Every person registering as a sex | ||
offender _pursuant to this Act, regardless of the date of | ||
conviction or the date of initial registration who is required | ||
to submit specimens of blood, saliva, or tissue for DNA | ||
analysis as required by subsection (a) of Section 5-4-3 of the | ||
Unified Code of Corrections shall submit the specimens as | ||
required by that Section. Registered sex offenders who have | ||
previously submitted a DNA specimen which has been uploaded to | ||
the Illinois DNA database shall not be required to submit an | ||
additional specimen pursuant to this Section. | ||
(Source: P.A. 93-979, eff. 8-20-04; 94-166, eff. 1-1-06; | ||
94-945, eff. 6-27-06.)
| ||
Section 97. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes.
| ||