Public Act 90-0124 of the 90th General Assembly

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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.)

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