093_SB0280enr

 
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 1        AN ACT concerning corrections.

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

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

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