093_HB3354

 
                                     LRB093 09607 RLC 09845 b

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5. The Code of  Criminal  Procedure  of  1963  is
 5    amended by adding Section 114-15 as follows:

 6        (725 ILCS 5/114-15 new)
 7        Sec.   114-15.   Motion   for  genetic  marker  groupings
 8    comparison analysis.
 9        (a)  In a capital case, the defendant may make  a  motion
10    for  a  court   order before trial for comparison analysis by
11    the Department of  State Police  with  those  genetic  marker
12    groupings  maintained   under subsection (f) of Section 5-4-3
13    of the Unified Code of  Corrections if  the  defendant  meets
14    all of the following  requirements:
15             (1)  The  defendant  is  charged  with  first degree
16        murder and the State has filed a notice of intent to seek
17        the death penalty under Supreme Court Rule 416.
18             (2)  The defendant seeks for the Department of State
19        Police  to  identify    genetic  marker  groupings   from
20        evidence  collected by criminal justice agencies pursuant
21        to the  alleged offense.
22             (3)  The  defendant  seeks  comparison  analysis  of
23        genetic   marker   groupings   of   the   evidence  under
24        subdivision (2) to those of the defendant,  to  those  of
25        other  forensic  evidence,  and to those maintained under
26        subsection (f) of Section 5-4-3 of the  Unified  Code  of
27        Corrections.
28             (4)  Genetic   marker   grouping  analysis  must  be
29        performed by a  laboratory  compliant  with  the  quality
30        assurance  standards  required by the Department of State
31        Police for genetic marker grouping analysis comparisons.
 
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 1             (5)  Reasonable notice of the motion shall be served
 2         upon the State.
 3        (b)  The Department of State Police may promulgate  rules
 4    for  the  types  of  comparisons  performed  and  the quality
 5    assurance standards required for submission of genetic marker
 6    groupings. The  provisions of the Administrative  Review  Law
 7    shall   apply  to  all  actions  taken  under  the  rules  so
 8    promulgated.

 9        Section 10. The Unified Code of Corrections is amended by
10    changing Section 5-4-3 as follows:

11        (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
12        Sec. 5-4-3.  Persons convicted of,  or  found  delinquent
13    for,   certain  offenses  or  institutionalized  as  sexually
14    dangerous; specimens; genetic marker groups.
15        (a)  Any person convicted  of,  found  guilty  under  the
16    Juvenile Court Act of 1987 for, or who received a disposition
17    of  court supervision for, a qualifying offense or attempt of
18    a qualifying  offense,  convicted  or  found  guilty  of  any
19    offense  classified  as  a  felony  under Illinois law, found
20    guilty or given supervision for any offense classified  as  a
21    felony   under   the   Juvenile   Court   Act   of  1987,  or
22    institutionalized as a sexually dangerous  person  under  the
23    Sexually  Dangerous  Persons  Act, or committed as a sexually
24    violent person under the Sexually Violent Persons  Commitment
25    Act shall, regardless of the sentence or disposition imposed,
26    be  required  to submit specimens of blood, saliva, or tissue
27    to the Illinois Department of State Police in accordance with
28    the provisions of this Section, provided such person is:
29             (1)  convicted of a qualifying offense or attempt of
30        a qualifying  offense  on  or  after  July  1,  1990  the
31        effective  date  of  this  amendatory  Act  of  1989, and
32        sentenced   to   a   term   of   imprisonment,   periodic
 
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 1        imprisonment, fine, probation, conditional  discharge  or
 2        any  other  form  of  sentence, or given a disposition of
 3        court supervision for the offense;, or
 4             (1.5)  found guilty or given supervision  under  the
 5        Juvenile  Court  Act  of 1987 for a qualifying offense or
 6        attempt of a qualifying offense on or  after  January  1,
 7        1997;  the effective date of this amendatory Act of 1996,
 8        or
 9             (2)  ordered   institutionalized   as   a   sexually
10        dangerous person on or after July 1, 1990; the  effective
11        date of this amendatory Act of 1989, or
12             (3)  convicted of a qualifying offense or attempt of
13        a  qualifying  offense  before July 1, 1990 the effective
14        date of this amendatory Act  of  1989  and  is  presently
15        confined  as  a  result  of  such conviction in any State
16        correctional facility or  county  jail  or  is  presently
17        serving a sentence of probation, conditional discharge or
18        periodic imprisonment as a result of such conviction;, or
19             (3.5)  convicted  or  found  guilty  of  any offense
20        classified as a felony under Illinois law or found guilty
21        or given  supervision  for  such  an  offense  under  the
22        Juvenile  Court  Act of 1987 on or after August 22, 2002;
23        the effective date  of this amendatory Act  of  the  92nd
24        General Assembly, or
25             (4)  presently   institutionalized   as  a  sexually
26        dangerous person  or  presently  institutionalized  as  a
27        person  found guilty but mentally ill of a sexual offense
28        or attempt to commit a sexual offense; or
29             (4.5)  ordered  committed  as  a  sexually   violent
30        person  on  or  after  the effective date of the Sexually
31        Violent Persons Commitment Act; or
32             (5)  seeking transfer to or  residency  in  Illinois
33        under  Sections 3-3-11.05 through 3-3-11.5 of the Unified
34        Code of Corrections and the Interstate Compact for  Adult
 
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 1        Offender  Supervision  or  the  Interstate  Agreements on
 2        Sexually Dangerous Persons Act.
 3        Notwithstanding other provisions  of  this  Section,  any
 4    person  incarcerated in a facility of the Illinois Department
 5    of Corrections on or after August 22, 2002 the effective date
 6    of this amendatory Act of the 92nd General Assembly shall  be
 7    required  to  submit  a  specimen of blood, saliva, or tissue
 8    prior to his or her release on parole or mandatory supervised
 9    release, as a condition of his or  her  parole  or  mandatory
10    supervised release.
11        (a-5)  Any  person  who  was  otherwise  convicted  of or
12    received a disposition of court  supervision  for  any  other
13    offense  under  the  Criminal  Code  of 1961 or who was found
14    guilty or given supervision for such a  violation  under  the
15    Juvenile  Court  Act of 1987, may, regardless of the sentence
16    imposed, be required by an  order  of  the  court  to  submit
17    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
18    Department  of State Police in accordance with the provisions
19    of this Section.
20        (b)  Any person required by paragraphs (a)(1),  (a)(1.5),
21    (a)(2),  (a)(3.5),  and  (a-5) to provide specimens of blood,
22    saliva, or tissue shall provide specimens of  blood,  saliva,
23    or tissue within 45 days after sentencing or disposition at a
24    collection  site  designated  by  the  Illinois Department of
25    State Police.
26        (c)  Any person required by  paragraphs  (a)(3),  (a)(4),
27    and (a)(4.5) to provide specimens of blood, saliva, or tissue
28    shall  be  required  to  provide  such samples prior to final
29    discharge, parole, or release at a collection site designated
30    by the Illinois Department of State Police.
31        (c-5)  Any person required by paragraph (a)(5) to provide
32    specimens of blood, saliva, or tissue shall, where  feasible,
33    be  required  to  provide the specimens before being accepted
34    for conditioned residency in Illinois  under  the  interstate
 
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 1    compact or agreement, but no later than 45 days after arrival
 2    in this State.
 3        (c-6)  The   Illinois  Department  of  State  Police  may
 4    determine which type of specimen or specimens, blood, saliva,
 5    or tissue, is acceptable for submission to  the  Division  of
 6    Forensic Services for analysis.
 7        (d)  The   Illinois  Department  of  State  Police  shall
 8    provide all equipment  and  instructions  necessary  for  the
 9    collection of blood samples.  The collection of samples shall
10    be   performed  in  a  medically  approved  manner.   Only  a
11    physician authorized to practice medicine, a registered nurse
12    or  other  qualified  person  trained  in  venipuncture   may
13    withdraw  blood  for  the  purposes of this Act.  The samples
14    shall thereafter be forwarded to the Illinois  Department  of
15    State Police, Division of Forensic Services, for analysis and
16    categorizing into genetic marker groupings.
17        (d-1)  The  Illinois  Department  of  State  Police shall
18    provide all equipment  and  instructions  necessary  for  the
19    collection  of  saliva  samples.   The  collection  of saliva
20    samples shall be performed in a  medically  approved  manner.
21    Only  a person trained in the instructions promulgated by the
22    Illinois State Police on collecting saliva may collect saliva
23    for  the  purposes  of  this  Section.   The  samples   shall
24    thereafter  be  forwarded to the Illinois Department of State
25    Police, Division  of  Forensic  Services,  for  analysis  and
26    categorizing into genetic marker groupings.
27        (d-2)  The  Illinois  Department  of  State  Police shall
28    provide all equipment  and  instructions  necessary  for  the
29    collection  of  tissue  samples.   The  collection  of tissue
30    samples shall be performed in a  medically  approved  manner.
31    Only  a person trained in the instructions promulgated by the
32    Illinois State Police on collecting tissue may collect tissue
33    for  the  purposes  of  this  Section.   The  samples   shall
34    thereafter  be  forwarded to the Illinois Department of State
 
                            -6-      LRB093 09607 RLC 09845 b
 1    Police, Division  of  Forensic  Services,  for  analysis  and
 2    categorizing into genetic marker groupings.
 3        (d-5)  To  the  extent  that  funds  are  available,  the
 4    Illinois  Department  of  State  Police  shall  contract with
 5    qualified  personnel  and  certified  laboratories  for   the
 6    collection, analysis, and categorization of known samples.
 7        (e)  The  genetic marker groupings shall be maintained by
 8    the Illinois Department of State Police, Division of Forensic
 9    Services.
10        (f)  The genetic  marker  grouping  analysis  information
11    obtained pursuant to this Act shall be confidential and shall
12    be  released  only to peace officers of the United States, of
13    other states or territories, of the  insular  possessions  of
14    the  United  States,  of foreign countries duly authorized to
15    receive the same, to all  peace  officers  of  the  State  of
16    Illinois  and to all prosecutorial agencies.  Notwithstanding
17    the limits on disclosure stated by this subsection  (f),  the
18    genetic  marker  grouping analysis information obtained under
19    this Act also may be released by court order  pursuant  to  a
20    motion under Section 114-15 of the Code of Criminal Procedure
21    of  1963  to  a  defendant  who meets all of the requirements
22    under that Section.  The  genetic  marker  grouping  analysis
23    information  obtained pursuant to this Act shall be used only
24    for (i) valid law enforcement identification purposes and  as
25    required   by   the   Federal  Bureau  of  Investigation  for
26    participation in the National DNA database or (ii) technology
27    validation purposes.   Notwithstanding  any  other  statutory
28    provision  to  the  contrary,  all information obtained under
29    this Section shall be maintained in a single State data base,
30    which may be uploaded into a  national  database,  and  which
31    information  may  be subject to expungement only as set forth
32    in subsection (f-1).
33        (f-1)  Upon receipt of notification of a  reversal  of  a
34    conviction based on actual innocence, or of the granting of a
 
                            -7-      LRB093 09607 RLC 09845 b
 1    pardon  pursuant  to  Section 12 of Article V of the Illinois
 2    Constitution, if that  pardon  document  specifically  states
 3    that  the reason for the pardon is the actual innocence of an
 4    individual whose DNA record has been stored in the  State  or
 5    national  DNA  identification  index  in accordance with this
 6    Section by the Illinois Department of State Police,  the  DNA
 7    record  shall  be expunged from the DNA identification index,
 8    and the Department shall  by  rule  prescribe  procedures  to
 9    ensure  that  the  record and any samples, analyses, or other
10    documents relating to such record, whether in the  possession
11    of the Department or any law enforcement or police agency, or
12    any  forensic  DNA  laboratory,  including  any duplicates or
13    copies thereof, are destroyed and a letter  is  sent  to  the
14    court verifying the expungement is completed.
15        (f-5)  Any  person  who intentionally uses genetic marker
16    grouping  analysis  information,  or  any  other  information
17    derived from a DNA sample,  beyond  the  authorized  uses  as
18    provided  under  this  Section, or any other Illinois law, is
19    guilty of a Class 4 felony, and shall be subject to a fine of
20    not less than $5,000.
21        (g)  For  the  purposes  of  this  Section,   "qualifying
22    offense" means any of the following:
23             (1)  any  violation or inchoate violation of Section
24        11-6, 11-9.1, 11-11, 11-18.1,  12-15,  or  12-16  of  the
25        Criminal Code of 1961;, or
26             (1.1)  any   violation   or  inchoate  violation  of
27        Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
28        18-3, 18-4, 19-1, or 19-2 of the Criminal  Code  of  1961
29        for  which  persons  are  convicted  on  or after July 1,
30        2001;, or
31             (2)  any former statute of this State which  defined
32        a felony sexual offense;, or
33             (3)  (blank);, or
34             (4)  any   inchoate   violation  of  Section  9-3.1,
 
                            -8-      LRB093 09607 RLC 09845 b
 1        11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of  1961;,
 2        or
 3             (5)  any  violation or inchoate violation of Article
 4        29D of the Criminal Code of 1961.
 5        (g-5)  (Blank).
 6        (h)  The Illinois Department of State Police shall be the
 7    State central repository  for  all  genetic  marker  grouping
 8    analysis  information  obtained  pursuant  to  this Act.  The
 9    Illinois Department of State Police may promulgate rules  for
10    the  form  and  manner of the collection of blood, saliva, or
11    tissue samples and other procedures for the operation of this
12    Act.  The provisions of the Administrative Review  Law  shall
13    apply to all actions taken under the rules so promulgated.
14        (i)  A  person  required  to  provide a blood, saliva, or
15    tissue specimen shall cooperate with the  collection  of  the
16    specimen  and  any  deliberate act by that person intended to
17    impede, delay or stop the collection of the blood, saliva, or
18    tissue specimen is a Class A misdemeanor.
19        (j)  Any person required  by  subsection  (a)  to  submit
20    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
21    Department  of  State  Police for analysis and categorization
22    into genetic  marker  grouping,  in  addition  to  any  other
23    disposition,  penalty, or fine imposed, shall pay an analysis
24    fee of $200.  If the analysis fee is not paid at the time  of
25    sentencing, the court shall establish a fee schedule by which
26    the  entire amount of the analysis fee shall be paid in full,
27    such schedule not to  exceed  24  months  from  the  time  of
28    conviction.  The inability to pay this analysis fee shall not
29    be the sole ground to incarcerate the person.
30        (k)  All analysis and categorization fees provided for by
31    subsection (j) shall be regulated as follows:
32             (1)  The  State  Offender  DNA Identification System
33        Fund is hereby created as a special  fund  in  the  State
34        Treasury.
 
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 1             (2)  All fees shall be collected by the clerk of the
 2        court   and   forwarded   to   the   State  Offender  DNA
 3        Identification System Fund for deposit.  The clerk of the
 4        circuit court may retain the  amount  of  $10  from  each
 5        collected  analysis  fee  to  offset administrative costs
 6        incurred in carrying  out  the  clerk's  responsibilities
 7        under this Section.
 8             (3)  Fees  deposited  into  the  State  Offender DNA
 9        Identification System Fund  shall  be  used  by  Illinois
10        State  Police  crime  laboratories  as  designated by the
11        Director of  State  Police.   These  funds  shall  be  in
12        addition  to  any  allocations  made pursuant to existing
13        laws and shall be designated for  the  exclusive  use  of
14        State  crime  laboratories.   These uses may include, but
15        are not limited to, the following:
16                  (A)  Costs incurred in providing  analysis  and
17             genetic   marker   categorization   as  required  by
18             subsection (d).
19                  (B)  Costs  incurred  in  maintaining   genetic
20             marker groupings as required by subsection (e).
21                  (C)  Costs   incurred   in   the  purchase  and
22             maintenance  of  equipment  for  use  in  performing
23             analyses.
24                  (D)  Costs incurred in continuing research  and
25             development  of  new  techniques  for  analysis  and
26             genetic marker categorization.
27                  (E)  Costs  incurred  in  continuing education,
28             training, and professional development  of  forensic
29             scientists regularly employed by these laboratories.
30        (l)  The failure of a person to provide a specimen, or of
31    any person or agency to collect a specimen, within the 45 day
32    period  shall in no way alter the obligation of the person to
33    submit such  specimen,  or  the  authority  of  the  Illinois
34    Department  of  State  Police  or  persons  designated by the
 
                            -10-     LRB093 09607 RLC 09845 b
 1    Department to collect the specimen, or the authority  of  the
 2    Illinois  Department  of  State Police to accept, analyze and
 3    maintain the specimen or to maintain  or  upload  results  of
 4    genetic  marker grouping analysis information into a State or
 5    national database.
 6    (Source: P.A.  91-528,  eff.  1-1-00;  92-16,  eff.  6-28-01;
 7    92-40, eff.  6-29-01;  92-571,  eff.  6-26-02;  92-600,  eff.
 8    6-28-02;  92-829, eff. 8-22-02; 92-854, eff. 12-5-02; revised
 9    1-20-03.)