093_HB0573ham001











                                     LRB093 05568 RLC 13868 a

 1                     AMENDMENT TO HOUSE BILL 573

 2        AMENDMENT NO.     .  Amend House Bill 573 as follows:
 3    by replacing everything after the enacting  clause  with  the
 4    following:

 5        "Section  5.  The  Unified Code of Corrections is amended
 6    by changing Section 5-4-3 as follows:

 7        (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
 8        Sec. 5-4-3.  Persons convicted of,  or  found  delinquent
 9    for,   certain  offenses  or  institutionalized  as  sexually
10    dangerous; specimens; genetic marker groups.
11        (a)  Any person convicted  of,  found  guilty  under  the
12    Juvenile Court Act of 1987 for, or who received a disposition
13    of  court supervision for, a qualifying offense or attempt of
14    a qualifying  offense,  convicted  or  found  guilty  of  any
15    offense  classified  as  a  felony  under Illinois law, found
16    guilty or given supervision for any offense classified  as  a
17    felony   under   the   Juvenile   Court   Act   of  1987,  or
18    institutionalized as a sexually dangerous  person  under  the
19    Sexually  Dangerous  Persons  Act, or committed as a sexually
20    violent person under the Sexually Violent Persons  Commitment
21    Act shall, regardless of the sentence or disposition imposed,
22    be  required  to submit specimens of blood, saliva, or tissue
 
                            -2-      LRB093 05568 RLC 13868 a
 1    to the Illinois Department of State Police in accordance with
 2    the provisions of this Section, provided such person is:
 3             (1)  convicted of a qualifying offense or attempt of
 4        a qualifying  offense  on  or  after  July  1,  1990  the
 5        effective  date  of  this  amendatory  Act  of  1989, and
 6        sentenced   to   a   term   of   imprisonment,   periodic
 7        imprisonment, fine, probation, conditional  discharge  or
 8        any  other  form  of  sentence, or given a disposition of
 9        court supervision for the offense;, or
10             (1.5)  found guilty or given supervision  under  the
11        Juvenile  Court  Act  of 1987 for a qualifying offense or
12        attempt of a qualifying offense on or  after  January  1,
13        1997;  the effective date of this amendatory Act of 1996,
14        or
15             (2)  ordered   institutionalized   as   a   sexually
16        dangerous person on or after July 1, 1990; the  effective
17        date of this amendatory Act of 1989, or
18             (3)  convicted of a qualifying offense or attempt of
19        a  qualifying  offense  before July 1, 1990 the effective
20        date of this amendatory Act  of  1989  and  is  presently
21        confined  as  a  result  of  such conviction in any State
22        correctional facility or  county  jail  or  is  presently
23        serving a sentence of probation, conditional discharge or
24        periodic imprisonment as a result of such conviction;, or
25             (3.5)  convicted  or  found  guilty  of  any offense
26        classified as a felony under Illinois law or found guilty
27        or given  supervision  for  such  an  offense  under  the
28        Juvenile  Court  Act of 1987 on or after August 22, 2002;
29        the effective date  of this amendatory Act  of  the  92nd
30        General Assembly, or
31             (4)  presently   institutionalized   as  a  sexually
32        dangerous person  or  presently  institutionalized  as  a
33        person  found guilty but mentally ill of a sexual offense
34        or attempt to commit a sexual offense; or
 
                            -3-      LRB093 05568 RLC 13868 a
 1             (4.5)  ordered  committed  as  a  sexually   violent
 2        person  on  or  after  the effective date of the Sexually
 3        Violent Persons Commitment Act; or
 4             (5)  seeking transfer to or  residency  in  Illinois
 5        under  Sections 3-3-11.05 through 3-3-11.5 of the Unified
 6        Code of Corrections and the Interstate Compact for  Adult
 7        Offender  Supervision  or  the  Interstate  Agreements on
 8        Sexually Dangerous Persons Act.
 9        Notwithstanding other provisions  of  this  Section,  any
10    person  incarcerated in a facility of the Illinois Department
11    of Corrections on or after August 22, 2002 the effective date
12    of this amendatory Act of the 92nd General Assembly shall  be
13    required  to  submit  a  specimen of blood, saliva, or tissue
14    prior to his or her release on parole or mandatory supervised
15    release, as a condition of his or  her  parole  or  mandatory
16    supervised release.
17        (a-5)  Any  person  who  was  otherwise  convicted  of or
18    received a disposition of court  supervision  for  any  other
19    offense  under  the  Criminal  Code  of 1961 or who was found
20    guilty or given supervision for such a  violation  under  the
21    Juvenile  Court  Act of 1987, may, regardless of the sentence
22    imposed, be required by an  order  of  the  court  to  submit
23    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
24    Department  of State Police in accordance with the provisions
25    of this Section.
26        (b)  Any person required by paragraphs (a)(1),  (a)(1.5),
27    (a)(2),  (a)(3.5),  and  (a-5) to provide specimens of blood,
28    saliva, or tissue shall provide specimens of  blood,  saliva,
29    or tissue within 45 days after sentencing or disposition at a
30    collection  site  designated  by  the  Illinois Department of
31    State Police.
32        (c)  Any person required by  paragraphs  (a)(3),  (a)(4),
33    and (a)(4.5) to provide specimens of blood, saliva, or tissue
34    shall  be  required  to  provide  such samples prior to final
 
                            -4-      LRB093 05568 RLC 13868 a
 1    discharge, parole, or release at a collection site designated
 2    by the Illinois Department of State Police.
 3        (c-5)  Any person required by paragraph (a)(5) to provide
 4    specimens of blood, saliva, or tissue shall, where  feasible,
 5    be  required  to  provide the specimens before being accepted
 6    for conditioned residency in Illinois  under  the  interstate
 7    compact or agreement, but no later than 45 days after arrival
 8    in this State.
 9        (c-6)  The   Illinois  Department  of  State  Police  may
10    determine which type of specimen or specimens, blood, saliva,
11    or tissue, is acceptable for submission to  the  Division  of
12    Forensic Services for analysis.
13        (d)  The   Illinois  Department  of  State  Police  shall
14    provide all equipment  and  instructions  necessary  for  the
15    collection of blood samples.  The collection of samples shall
16    be   performed  in  a  medically  approved  manner.   Only  a
17    physician authorized to practice medicine, a registered nurse
18    or  other  qualified  person  trained  in  venipuncture   may
19    withdraw  blood  for  the  purposes of this Act.  The samples
20    shall thereafter be forwarded to the Illinois  Department  of
21    State Police, Division of Forensic Services, for analysis and
22    categorizing into genetic marker groupings.
23        (d-1)  The  Illinois  Department  of  State  Police shall
24    provide all equipment  and  instructions  necessary  for  the
25    collection  of  saliva  samples.   The  collection  of saliva
26    samples shall be performed in a  medically  approved  manner.
27    Only  a person trained in the instructions promulgated by the
28    Illinois State Police on collecting saliva may collect saliva
29    for  the  purposes  of  this  Section.   The  samples   shall
30    thereafter  be  forwarded to the Illinois Department of State
31    Police, Division  of  Forensic  Services,  for  analysis  and
32    categorizing into genetic marker groupings.
33        (d-2)  The  Illinois  Department  of  State  Police shall
34    provide all equipment  and  instructions  necessary  for  the
 
                            -5-      LRB093 05568 RLC 13868 a
 1    collection  of  tissue  samples.   The  collection  of tissue
 2    samples shall be performed in a  medically  approved  manner.
 3    Only  a person trained in the instructions promulgated by the
 4    Illinois State Police on collecting tissue may collect tissue
 5    for  the  purposes  of  this  Section.   The  samples   shall
 6    thereafter  be  forwarded to the Illinois Department of State
 7    Police, Division  of  Forensic  Services,  for  analysis  and
 8    categorizing into genetic marker groupings.
 9        (d-5)  To  the  extent  that  funds  are  available,  the
10    Illinois  Department  of  State  Police  shall  contract with
11    qualified  personnel  and  certified  laboratories  for   the
12    collection, analysis, and categorization of known samples.
13        (d-6)   Agencies designated by the Illinois Department of
14    State  Police and the Illinois Department of State Police may
15    contract with third parties to provide for the collection  or
16    analysis of DNA, or both, of an offender's blood, saliva, and
17    tissue samples.
18        (d-7)  A person authorized to collect DNA samples may not
19    be  civilly  or criminally liable for the collection of a DNA
20    sample under this Act if  the  person  performs  his  or  her
21    duties  in  good  faith and in reasonable manner according to
22    generally accepted medical or other professional practices.
23        (e)  The genetic marker groupings shall be maintained  by
24    the Illinois Department of State Police, Division of Forensic
25    Services.
26        (f)  The  genetic  marker  grouping  analysis information
27    obtained pursuant to this Act shall be confidential and shall
28    be released only to peace officers of the United  States,  of
29    other  states  or  territories, of the insular possessions of
30    the United States, of foreign countries  duly  authorized  to
31    receive  the  same,  to  all  peace  officers of the State of
32    Illinois and to all  prosecutorial  agencies.    The  genetic
33    marker  grouping  analysis  information  obtained pursuant to
34    this Act shall be used only for  (i)  valid  law  enforcement
 
                            -6-      LRB093 05568 RLC 13868 a
 1    identification purposes and as required by the Federal Bureau
 2    of  Investigation  for  participation  in  the  National  DNA
 3    database,  or  (ii)  technology  validation purposes, (iii) a
 4    population statistics database,  or  (iv)  quality  assurance
 5    purposes  if  personally  identifying information is removed.
 6    Notwithstanding  any  other  statutory   provision   to   the
 7    contrary,  all  information obtained under this Section shall
 8    be maintained in a single  State  data  base,  which  may  be
 9    uploaded  into a national database, and which information may
10    be subject to expungement only as  set  forth  in  subsection
11    (f-1).
12        (f-1)  Upon  receipt  of  notification of a reversal of a
13    conviction based on actual innocence, or of the granting of a
14    pardon pursuant to Section 12 of Article V  of  the  Illinois
15    Constitution,  if  that  pardon  document specifically states
16    that the reason for the pardon is the actual innocence of  an
17    individual  whose  DNA record has been stored in the State or
18    national DNA identification index  in  accordance  with  this
19    Section  by  the Illinois Department of State Police, the DNA
20    record shall be expunged from the DNA  identification  index,
21    and  the  Department  shall  by  rule prescribe procedures to
22    ensure that the record and any samples,  analyses,  or  other
23    documents  relating to such record, whether in the possession
24    of the Department or any law enforcement or police agency, or
25    any forensic DNA  laboratory,  including  any  duplicates  or
26    copies  thereof,  are  destroyed  and a letter is sent to the
27    court verifying the expungement is completed.
28        (f-5)  Any person who intentionally uses  genetic  marker
29    grouping  analysis  information,  or  any  other  information
30    derived  from  a  DNA  sample,  beyond the authorized uses as
31    provided under this Section, or any other  Illinois  law,  is
32    guilty of a Class 4 felony, and shall be subject to a fine of
33    not less than $5,000.
34        (f-6)  The   Illinois  Department  of  State  Police  may
 
                            -7-      LRB093 05568 RLC 13868 a
 1    contract with third parties for the purposes of  implementing
 2    this  amendatory  Act of the 93rd General Assembly. Any other
 3    party contracting to carry out the functions of this  Section
 4    shall be subject to the same restrictions and requirements of
 5    this   Section   insofar   as  applicable,  as  the  Illinois
 6    Department  of  State   Police,   and   to   any   additional
 7    restrictions  imposed  by  the  Illinois  Department of State
 8    Police.
 9        (g)  For  the  purposes  of  this  Section,   "qualifying
10    offense" means any of the following:
11             (1)  any  violation or inchoate violation of Section
12        11-6, 11-9.1, 11-11, 11-18.1,  12-15,  or  12-16  of  the
13        Criminal Code of 1961;, or
14             (1.1)  any   violation   or  inchoate  violation  of
15        Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
16        18-3, 18-4, 19-1, or 19-2 of the Criminal  Code  of  1961
17        for  which  persons  are  convicted  on  or after July 1,
18        2001;, or
19             (2)  any former statute of this State which  defined
20        a felony sexual offense;, or
21             (3)  (blank);, or
22             (4)  any   inchoate   violation  of  Section  9-3.1,
23        11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of  1961;,
24        or
25             (5)  any  violation or inchoate violation of Article
26        29D of the Criminal Code of 1961.
27        (g-5)  (Blank).
28        (h)  The Illinois Department of State Police shall be the
29    State central repository  for  all  genetic  marker  grouping
30    analysis  information  obtained  pursuant  to  this Act.  The
31    Illinois Department of State Police may promulgate rules  for
32    the  form  and  manner of the collection of blood, saliva, or
33    tissue samples and other procedures for the operation of this
34    Act.  The provisions of the Administrative Review  Law  shall
 
                            -8-      LRB093 05568 RLC 13868 a
 1    apply to all actions taken under the rules so promulgated.
 2        (i)(1)  A  person required to provide a blood, saliva, or
 3    tissue specimen shall cooperate with the  collection  of  the
 4    specimen  and  any  deliberate act by that person intended to
 5    impede, delay or stop the collection of the blood, saliva, or
 6    tissue specimen is a Class A misdemeanor.
 7        (2)  In the event that  a  person's  DNA  sample  is  not
 8    adequate for any reason, the person shall provide another DNA
 9    sample  for  analysis.  Duly  authorized  law enforcement and
10    corrections personnel may employ reasonable force in cases in
11    which an individual refuses to provide a DNA sample  required
12    under  this  Act  and  those  employees may not be civilly or
13    criminally liable for the use of that reasonable force.
14        (j)  Any person required  by  subsection  (a)  to  submit
15    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
16    Department  of  State  Police for analysis and categorization
17    into genetic  marker  grouping,  in  addition  to  any  other
18    disposition,  penalty, or fine imposed, shall pay an analysis
19    fee of $200.  If the analysis fee is not paid at the time  of
20    sentencing, the court shall establish a fee schedule by which
21    the  entire amount of the analysis fee shall be paid in full,
22    such schedule not to  exceed  24  months  from  the  time  of
23    conviction.  The inability to pay this analysis fee shall not
24    be the sole ground to incarcerate the person.
25        (k)  All analysis and categorization fees provided for by
26    subsection (j) shall be regulated as follows:
27             (1)  The  State  Offender  DNA Identification System
28        Fund is hereby created as a special  fund  in  the  State
29        Treasury.
30             (2)  All fees shall be collected by the clerk of the
31        court   and   forwarded   to   the   State  Offender  DNA
32        Identification System Fund for deposit.  The clerk of the
33        circuit court may retain the  amount  of  $10  from  each
34        collected  analysis  fee  to  offset administrative costs
 
                            -9-      LRB093 05568 RLC 13868 a
 1        incurred in carrying  out  the  clerk's  responsibilities
 2        under this Section.
 3             (3)  Fees  deposited  into  the  State  Offender DNA
 4        Identification System Fund  shall  be  used  by  Illinois
 5        State  Police  crime  laboratories  as  designated by the
 6        Director of  State  Police.   These  funds  shall  be  in
 7        addition  to  any  allocations  made pursuant to existing
 8        laws and shall be designated for  the  exclusive  use  of
 9        State  crime  laboratories.   These uses may include, but
10        are not limited to, the following:
11                  (A)  Costs incurred in providing  analysis  and
12             genetic   marker   categorization   as  required  by
13             subsection (d).
14                  (B)  Costs  incurred  in  maintaining   genetic
15             marker groupings as required by subsection (e).
16                  (C)  Costs   incurred   in   the  purchase  and
17             maintenance  of  equipment  for  use  in  performing
18             analyses.
19                  (D)  Costs incurred in continuing research  and
20             development  of  new  techniques  for  analysis  and
21             genetic marker categorization.
22                  (E)  Costs  incurred  in  continuing education,
23             training, and professional development  of  forensic
24             scientists regularly employed by these laboratories.
25        (l)  The failure of a person to provide a specimen, or of
26    any person or agency to collect a specimen, within the 45 day
27    period  shall in no way alter the obligation of the person to
28    submit such  specimen,  or  the  authority  of  the  Illinois
29    Department  of  State  Police  or  persons  designated by the
30    Department to collect the specimen, or the authority  of  the
31    Illinois  Department  of  State Police to accept, analyze and
32    maintain the specimen or to maintain  or  upload  results  of
33    genetic  marker grouping analysis information into a State or
34    national database.
 
                            -10-     LRB093 05568 RLC 13868 a
 1        (m)  The detention, arrest, or  conviction  of  a  person
 2    based  upon  a  database match or database information is not
 3    invalidated if it is determined that the sample was  obtained
 4    or placed in the database by mistake.
 5        (n)  If  any provision of this amendatory Act of the 93rd
 6    General  Assembly  is  held  unconstitutional  or   otherwise
 7    invalid,  the  remainder  of  this amendatory Act of the 93rd
 8    General Assembly is not affected.
 9    (Source: P.A.  91-528,  eff.  1-1-00;  92-16,  eff.  6-28-01;
10    92-40, eff.  6-29-01;  92-571,  eff.  6-26-02;  92-600,  eff.
11    6-28-02;  92-829, eff. 8-22-02; 92-854, eff. 12-5-02; revised
12    1-20-03.)".