Public Act 90-0124 of the 90th General Assembly
Public Act 90-0124
HB0232 Enrolled LRB9001532RCks
AN ACT to amend the Unified Code of Corrections by
changing Section 5-4-3.
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, sexual offenses or found sexually dangerous; blood tests
required.
(a) Any person convicted of, found delinquent for, or
who received a disposition of court supervision for, a sexual
offense or attempt of a sexual offense or institutionalized
as a sexually dangerous person under the Sexually Dangerous
Persons Act shall, regardless of the sentence or disposition
imposed, be required to submit specimens of blood to the
Illinois Department of State Police in accordance with the
provisions of this Section, provided such person is:
(1) convicted of a sexual offense or attempt of a
sexual offense on or after the effective date of this
amendatory Act of 1989, 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,
or
(1.5) found delinquent under the Juvenile Court Act
of 1987 for a sexual offense or attempt of a sexual
offense on or after the effective date of this amendatory
Act of 1996, or
(2) ordered institutionalized as a sexually
dangerous person on or after the effective date of this
amendatory Act of 1989, or
(3) convicted of a sexual offense or attempt of a
sexual offense before the effective date of this
amendatory Act of 1989 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, or
(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
(5) seeking transfer to or residency in Illinois
under Sections 3-3-11 through 3-3-11.5 of the Unified
Code of Corrections (Interstate Compact for the
Supervision of Parolees and Probationers) or the
Interstate Agreements on Sexually Dangerous Persons Act.
(b) Any person required by paragraphs (a)(1), (a)(1.5),
and (a)(2) to provide specimens of blood shall be ordered by
the court to have specimens of blood collected 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) and (a)(4)
to provide specimens of blood 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 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.
(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 approved by the Illinois Department
of Public Health 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 and Identification, for analysis and categorizing
into genetic marker groupings.
(e) The genetic marker groupings shall be maintained by
the Illinois Department of State Police, Division of Forensic
Services and Identification.
(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. Notwithstanding
any other statutory provision to the contrary, all
information obtained under this Section shall be maintained
in a single data base and may not be subject to expungement.
(g) For the purposes of this Section, "sexual offense"
means any of the following:
(1) Any violation of Sections 11-6, 11-9.1, 11-11,
11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1,
12-13, 12-14, 12-14.1, 12-15, or 12-16, or 12-33 of the
Criminal Code of 1961, or
(2) Any former statute of this State which defined
a felony sexual offense, or.
(3) Any violation of paragraph (10) of subsection
(b) of Section 10-5 of the Criminal Code of 1961 when the
sentencing court, upon a motion by the State's Attorney or
Attorney General, makes a finding that the child luring
involved an intent to commit sexual penetration or sexual
conduct as defined in Section 12-12 of the Criminal Code of
1961.
(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 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) A person ordered by the court to provide a blood
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 specimen shall be
punishable as contempt of court.
(Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 12-13-95;
89-462, eff. 5-29-96; 89-550, eff. 1-1-97.)