Illinois General Assembly - Full Text of HB1901
Illinois General Assembly

Previous General Assemblies

Full Text of HB1901  95th General Assembly

HB1901eng 95TH GENERAL ASSEMBLY



 


 
HB1901 Engrossed LRB095 10400 RLC 30615 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Section 31-4 as follows:
 
6     (720 ILCS 5/31-4)  (from Ch. 38, par. 31-4)
7     Sec. 31-4. Obstructing justice.
8     (a) A person obstructs justice when, with intent to prevent
9 the apprehension or obstruct the prosecution or defense of any
10 person, he knowingly commits any of the following acts:
11     (1) (a) Destroys, alters, conceals or disguises physical
12 evidence, plants false evidence, furnishes false information;
13 or
14     (2) (b) Induces a witness having knowledge material to the
15 subject at issue to leave the State or conceal himself; or
16     (3) (c) Possessing knowledge material to the subject at
17 issue, he leaves the State or conceals himself.
18     (4) Destroys, alters, conceals, disguises, or otherwise
19 tampers with evidence collected under Section 107-2.5 of the
20 Code of Criminal Procedure of 1963 or Section 5-4-3 of the
21 Unified Code of Corrections.
22     (b) (d) Sentence.
23         (1) Obstructing justice is a Class 4 felony, except as

 

 

HB1901 Engrossed - 2 - LRB095 10400 RLC 30615 b

1     provided in paragraph (2) of this subsection (b) (d).
2         (2) Obstructing justice in furtherance of streetgang
3     related or gang-related activity, as defined in Section 10
4     of the Illinois Streetgang Terrorism Omnibus Prevention
5     Act, is a Class 3 felony. Obstructing justice in violation
6     of paragraph (a)(4) is a Class 3 felony.
7 (Source: P.A. 90-363, eff. 1-1-98.)
 
8     Section 10. The Code of Criminal Procedure of 1963 is
9 amended by adding Section 107-2.5 as follows:
 
10     (725 ILCS 5/107-2.5 new)
11     Sec. 107-2.5. DNA fingerprinting analysis.
12     (a) Every person arrested for committing a felony as
13 defined in Section 2-7 of the Criminal Code of 1961 shall have
14 a sample of his or her saliva or tissue taken for DNA
15 fingerprinting analysis, at the time of booking, for the
16 purpose of determining identity and for the purposes specified
17 in this Section and subsection (f) of Section 5-4-3 of the
18 Unified Code of Corrections. Any law enforcement agency
19 extracting DNA samples under this Section shall be required to
20 follow all written rules and regulations for the collection,
21 storage, and processing of those samples promulgated by the
22 Department of State Police. The analysis shall be performed by
23 the Department of State Police or a specific agent approved by
24 the Department of State Police. The identification

 

 

HB1901 Engrossed - 3 - LRB095 10400 RLC 30615 b

1 characteristics resulting from the DNA analysis shall be stored
2 and maintained by the Department of State Police or the
3 specific agent approved by the Department. All results
4 developed from collected DNA samples shall be subject to any
5 and all confidentiality provisions of State and federal laws.
6 The specific agent approved by the Department of State Police
7 to store and analyze DNA samples shall be required to meet all
8 Illinois State Police laboratory accreditation requirements
9 and shall properly forward the results of the DNA analysis to
10 the Department of State Police.
11     (b) If charges are dismissed or an individual is found not
12 guilty, any expungement of that person's DNA sample shall be in
13 accordance with the procedures set forth in Section 5 of the
14 Criminal Identification Act.
15     (c) Subject to appropriation, the Department of State
16 Police shall implement this Section; however, this Section
17 becomes operative no later than the earliest of the following:
18 (1) two years after the effective date of this amendatory Act
19 of the 95th General Assembly; (2) the date on which the
20 Department of State Police informs law enforcement agencies
21 that the Department is ready to collect samples; or (3) January
22 1, 2010.
 
23     Section 15. The Unified Code of Corrections is amended by
24 changing Section 5-4-3 as follows:
 

 

 

HB1901 Engrossed - 4 - LRB095 10400 RLC 30615 b

1     (730 ILCS 5/5-4-3)  (from Ch. 38, par. 1005-4-3)
2     Sec. 5-4-3. Persons convicted of, or found delinquent for,
3 certain offenses or institutionalized as sexually dangerous;
4 specimens; genetic marker groups.
5     (a) Any person convicted of, found guilty under the
6 Juvenile Court Act of 1987 for, or who received a disposition
7 of court supervision for, a qualifying offense or attempt of a
8 qualifying offense, arrested for or convicted or found guilty
9 of any offense classified as a felony under Illinois law,
10 convicted or found guilty of any offense requiring registration
11 under the Sex Offender Registration Act, found guilty or given
12 supervision for any offense classified as a felony under the
13 Juvenile Court Act of 1987, convicted or found guilty of, under
14 the Juvenile Court Act of 1987, any offense requiring
15 registration under the Sex Offender Registration Act, or
16 institutionalized as a sexually dangerous person under the
17 Sexually Dangerous Persons Act, or committed as a sexually
18 violent person under the Sexually Violent Persons Commitment
19 Act shall, regardless of the sentence or disposition imposed,
20 be required to submit specimens of blood, saliva, or tissue to
21 the Illinois Department of State Police in accordance with the
22 provisions of this Section, provided such person is:
23         (1) convicted of a qualifying offense or attempt of a
24     qualifying offense on or after July 1, 1990 and sentenced
25     to a term of imprisonment, periodic imprisonment, fine,
26     probation, conditional discharge or any other form of

 

 

HB1901 Engrossed - 5 - LRB095 10400 RLC 30615 b

1     sentence, or given a disposition of court supervision for
2     the offense;
3         (1.5) found guilty or given supervision under the
4     Juvenile Court Act of 1987 for a qualifying offense or
5     attempt of a qualifying offense on or after January 1,
6     1997;
7         (2) ordered institutionalized as a sexually dangerous
8     person on or after July 1, 1990;
9         (3) convicted of a qualifying offense or attempt of a
10     qualifying offense before July 1, 1990 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;
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 Juvenile
18     Court Act of 1987 on or after August 22, 2002;
19         (4) presently institutionalized as a sexually
20     dangerous person or presently institutionalized as a
21     person found guilty but mentally ill of a sexual offense or
22     attempt to commit a sexual offense;
23         (4.5) ordered committed as a sexually violent person on
24     or after the effective date of the Sexually Violent Persons
25     Commitment Act; or
26         (5) seeking transfer to or residency in Illinois under

 

 

HB1901 Engrossed - 6 - LRB095 10400 RLC 30615 b

1     Sections 3-3-11.05 through 3-3-11.5 of the Unified Code of
2     Corrections and the Interstate Compact for Adult Offender
3     Supervision or the Interstate Agreements on Sexually
4     Dangerous Persons Act; or .
5         (6) arrested and is suspected of committing a felony as
6     defined in Section 2-7 of the Criminal Code of 1961.
7     Notwithstanding other provisions of this Section, any
8 person incarcerated in a facility of the Illinois Department of
9 Corrections on or after August 22, 2002 shall be required to
10 submit a specimen of blood, saliva, or tissue prior to his or
11 her final discharge or release on parole or mandatory
12 supervised release, as a condition of his or her parole or
13 mandatory supervised release.
14     Notwithstanding other provisions of this Section, any
15 person sentenced to life imprisonment in a facility of the
16 Illinois Department of Corrections after the effective date of
17 this amendatory Act of the 94th General Assembly or sentenced
18 to death after the effective date of this amendatory Act of the
19 94th General Assembly shall be required to provide a specimen
20 of blood, saliva, or tissue within 45 days after sentencing or
21 disposition at a collection site designated by the Illinois
22 Department of State Police. Any person serving a sentence of
23 life imprisonment in a facility of the Illinois Department of
24 Corrections on the effective date of this amendatory Act of the
25 94th General Assembly or any person who is under a sentence of
26 death on the effective date of this amendatory Act of the 94th

 

 

HB1901 Engrossed - 7 - LRB095 10400 RLC 30615 b

1 General Assembly shall be required to provide a specimen of
2 blood, saliva, or tissue upon request at a collection site
3 designated by the Illinois Department of State Police.
4     (a-5) Any person who was otherwise convicted of or received
5 a disposition of court supervision for any other offense under
6 the Criminal Code of 1961 or who was found guilty or given
7 supervision for such a violation under the Juvenile Court Act
8 of 1987, may, regardless of the sentence imposed, be required
9 by an order of the court to submit specimens of blood, saliva,
10 or tissue to the Illinois Department of State Police in
11 accordance with the provisions of this Section.
12     (b) Any person required by paragraphs (a)(1), (a)(1.5),
13 (a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
14 saliva, or tissue shall provide specimens of blood, saliva, or
15 tissue within 45 days after sentencing or disposition at a
16 collection site designated by the Illinois Department of State
17 Police.
18     (c) Any person required by paragraphs (a)(3), (a)(4), and
19 (a)(4.5) to provide specimens of blood, saliva, or tissue shall
20 be required to provide such samples prior to final discharge,
21 parole, or release at a collection site designated by the
22 Illinois Department of State Police.
23     (c-5) Any person required by paragraph (a)(5) to provide
24 specimens of blood, saliva, or tissue shall, where feasible, be
25 required to provide the specimens before being accepted for
26 conditioned residency in Illinois under the interstate compact

 

 

HB1901 Engrossed - 8 - LRB095 10400 RLC 30615 b

1 or agreement, but no later than 45 days after arrival in this
2 State.
3     (c-6) The Illinois Department of State Police may determine
4 which type of specimen or specimens, blood, saliva, or tissue,
5 is acceptable for submission to the Division of Forensic
6 Services for analysis.
7     (c-7) Any person required by paragraph (a)(6) to provide
8 specimens of saliva or tissue shall be required to provide the
9 specimens at the booking procedure. The law enforcement officer
10 shall verify that the arrestee sample has not been previously
11 collected at each arrest.
12     (d) The Illinois Department of State Police shall provide
13 all equipment and instructions necessary for the collection of
14 blood samples. The collection of samples shall be performed in
15 a medically approved manner. Only a physician authorized to
16 practice medicine, a registered nurse or other qualified person
17 trained in venipuncture may withdraw blood for the purposes of
18 this Act. The samples shall thereafter be forwarded to the
19 Illinois Department of State Police, Division of Forensic
20 Services, for analysis and categorizing into genetic marker
21 groupings.
22     (d-1) The Illinois Department of State Police shall provide
23 all equipment and instructions necessary for the collection of
24 saliva samples under this Section. The collection of saliva
25 samples shall be performed in a medically approved manner. Only
26 a person trained in the instructions promulgated by the

 

 

HB1901 Engrossed - 9 - LRB095 10400 RLC 30615 b

1 Illinois State Police on collecting saliva may collect saliva
2 for the purposes of this Section. The samples shall thereafter
3 be forwarded to the Illinois Department of State Police,
4 Division of Forensic Services, for analysis and categorizing
5 into genetic marker groupings.
6     (d-2) The Illinois Department of State Police shall provide
7 all equipment and instructions necessary for the collection of
8 tissue samples under this Section. The collection of tissue
9 samples shall be performed in a medically approved manner. Only
10 a person trained in the instructions promulgated by the
11 Illinois State Police on collecting tissue may collect tissue
12 for the purposes of this Section. The samples shall thereafter
13 be forwarded to the Illinois Department of State Police,
14 Division of Forensic Services, for analysis and categorizing
15 into genetic marker groupings.
16     (d-5) To the extent that funds are available, the Illinois
17 Department of State Police shall contract with qualified
18 personnel and certified laboratories for the collection,
19 analysis, and categorization of known samples.
20     (d-6) Agencies designated by the Illinois Department of
21 State Police and the Illinois Department of State Police may
22 contract with third parties to provide for the collection or
23 analysis of DNA, or both, of an offender's blood, saliva, and
24 tissue samples.
25     (e) The genetic marker groupings shall be maintained by the
26 Illinois Department of State Police, Division of Forensic

 

 

HB1901 Engrossed - 10 - LRB095 10400 RLC 30615 b

1 Services.
2     (f) The genetic marker grouping analysis information
3 obtained pursuant to this Act and the information obtained
4 under Section 107-2.5 of the Code of Criminal Procedure of 1963
5 shall be confidential and shall be released only to peace
6 officers of the United States, of other states or territories,
7 of the insular possessions of the United States, of foreign
8 countries duly authorized to receive the same, to all peace
9 officers of the State of Illinois and to all prosecutorial
10 agencies, and to defense counsel as provided by Section 116-5
11 of the Code of Criminal Procedure of 1963. The genetic marker
12 grouping analysis information obtained pursuant to this Act
13 shall be used only for (i) valid law enforcement identification
14 purposes and as required by the Federal Bureau of Investigation
15 for participation in the National DNA database, (ii) technology
16 validation purposes, (iii) a population statistics database,
17 (iv) quality assurance purposes if personally identifying
18 information is removed, (v) assisting in the defense of the
19 criminally accused pursuant to Section 116-5 of the Code of
20 Criminal Procedure of 1963, or (vi) identifying and assisting
21 in the prosecution of a person who is suspected of committing a
22 sexual assault as defined in Section 1a of the Sexual Assault
23 Survivors Emergency Treatment Act. Notwithstanding any other
24 statutory provision to the contrary, all information obtained
25 under this Section shall be maintained in a single State data
26 base, which may be uploaded into a national database, and which

 

 

HB1901 Engrossed - 11 - LRB095 10400 RLC 30615 b

1 information may be subject to expungement only as set forth in
2 subsection (f-1).
3     (f-1) Upon receipt of notification of a reversal of a
4 conviction based on actual innocence, or of the granting of a
5 pardon pursuant to Section 12 of Article V of the Illinois
6 Constitution, if that pardon document specifically states that
7 the reason for the pardon is the actual innocence of an
8 individual whose DNA record has been stored in the State or
9 national DNA identification index in accordance with this
10 Section by the Illinois Department of State Police, the DNA
11 record shall be expunged from the DNA identification index, and
12 the Department shall by rule prescribe procedures to ensure
13 that the record and any samples, analyses, or other documents
14 relating to such record, whether in the possession of the
15 Department or any law enforcement or police agency, or any
16 forensic DNA laboratory, including any duplicates or copies
17 thereof, are destroyed and a letter is sent to the court
18 verifying the expungement is completed.
19     (f-5) Any person who intentionally uses genetic marker
20 grouping analysis information, or any other information
21 derived from a DNA sample, beyond the authorized uses as
22 provided under this Section or under Section 107-2.5 of the
23 Code of Criminal Procedure of 1963, or any other Illinois law,
24 is guilty of a Class 3 4 felony, and shall be subject to a fine
25 of not less than $5,000.
26     (f-6) The Illinois Department of State Police may contract

 

 

HB1901 Engrossed - 12 - LRB095 10400 RLC 30615 b

1 with third parties for the purposes of implementing this
2 amendatory Act of the 93rd General Assembly. Any other party
3 contracting to carry out the functions of this Section shall be
4 subject to the same restrictions and requirements of this
5 Section insofar as applicable, as the Illinois Department of
6 State Police, and to any additional restrictions imposed by the
7 Illinois Department of State Police.
8     (g) For the purposes of this Section, "qualifying offense"
9 means any of the following:
10         (1) any violation or inchoate violation of Section
11     11-6, 11-9.1, 11-11, 11-18.1, 12-15, or 12-16 of the
12     Criminal Code of 1961;
13         (1.1) any violation or inchoate violation of Section
14     9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
15     18-4, 19-1, or 19-2 of the Criminal Code of 1961 for which
16     persons are convicted on or after July 1, 2001;
17         (2) any former statute of this State which defined a
18     felony sexual offense;
19         (3) (blank);
20         (4) any inchoate violation of Section 9-3.1, 11-9.3,
21     12-7.3, or 12-7.4 of the Criminal Code of 1961; or
22         (5) any violation or inchoate violation of Article 29D
23     of the Criminal Code of 1961.
24     (g-5) (Blank).
25     (h) The Illinois Department of State Police shall be the
26 State central repository for all genetic marker grouping

 

 

HB1901 Engrossed - 13 - LRB095 10400 RLC 30615 b

1 analysis information obtained pursuant to this Act. The
2 Illinois Department of State Police may promulgate rules for
3 the form and manner of the collection of blood, saliva, or
4 tissue samples and other procedures for the operation of this
5 Act. The provisions of the Administrative Review Law shall
6 apply to all actions taken under the rules so promulgated.
7     (i) (1) A person required to provide a blood, saliva, or
8     tissue specimen shall cooperate with the collection of the
9     specimen and any deliberate act by that person intended to
10     impede, delay or stop the collection of the blood, saliva,
11     or tissue specimen is a Class A misdemeanor.
12         (2) In the event that a person's DNA sample is not
13     adequate for any reason, the person shall provide another
14     DNA sample for analysis. Duly authorized law enforcement
15     and corrections personnel may employ reasonable force in
16     cases in which an individual refuses to provide a DNA
17     sample required under this Act.
18     (j) Any person sentenced and required by subsection (a) to
19 submit specimens of blood, saliva, or tissue to the Illinois
20 Department of State Police for analysis and categorization into
21 genetic marker grouping, in addition to any other disposition,
22 penalty, or fine imposed, shall pay an analysis fee of $200. If
23 the analysis fee is not paid at the time of sentencing, the
24 court shall establish a fee schedule by which the entire amount
25 of the analysis fee shall be paid in full, such schedule not to
26 exceed 24 months from the time of conviction. The inability to

 

 

HB1901 Engrossed - 14 - LRB095 10400 RLC 30615 b

1 pay this analysis fee shall not be the sole ground to
2 incarcerate the person.
3     (k) All analysis and categorization fees provided for by
4 subsection (j) shall be regulated as follows:
5         (1) The State Offender DNA Identification System Fund
6     is hereby created as a special fund in the State Treasury.
7         (2) All fees shall be collected by the clerk of the
8     court and forwarded to the State Offender DNA
9     Identification System Fund for deposit. The clerk of the
10     circuit court may retain the amount of $10 from each
11     collected analysis fee to offset administrative costs
12     incurred in carrying out the clerk's responsibilities
13     under this Section.
14         (3) Fees deposited into the State Offender DNA
15     Identification System Fund shall be used by Illinois State
16     Police crime laboratories as designated by the Director of
17     State Police. These funds shall be in addition to any
18     allocations made pursuant to existing laws and shall be
19     designated for the exclusive use of State crime
20     laboratories. These uses may include, but are not limited
21     to, the following:
22             (A) Costs incurred in providing analysis and
23         genetic marker categorization as required by
24         subsection (d).
25             (B) Costs incurred in maintaining genetic marker
26         groupings as required by subsection (e).

 

 

HB1901 Engrossed - 15 - LRB095 10400 RLC 30615 b

1             (C) Costs incurred in the purchase and maintenance
2         of equipment for use in performing analyses.
3             (D) Costs incurred in continuing research and
4         development of new techniques for analysis and genetic
5         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 Public Act 93-216 this amendatory
20 Act of the 93rd General Assembly is held unconstitutional or
21 otherwise invalid, the remainder of Public Act 93-216 this
22 amendatory Act of the 93rd General Assembly is not affected.
23     (n) If any provision of this amendatory Act of the 95th
24 General Assembly is held unconstitutional or otherwise
25 invalid, the remainder of this amendatory Act of the 95th
26 General Assembly is not affected.

 

 

HB1901 Engrossed - 16 - LRB095 10400 RLC 30615 b

1 (Source: P.A. 93-216, eff. 1-1-04; 93-605, eff. 11-19-03;
2 93-781, eff. 1-1-05; 94-16, eff. 6-13-05; 94-1018, eff.
3 1-1-07.)
 
4     Section 99. Effective date. This Act takes effect upon
5 becoming law.