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Full Text of HB3238  97th General Assembly

HB3238enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing 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. Specimens Persons convicted of, or found
8delinquent for, certain offenses or institutionalized as
9sexually dangerous; specimens; genetic marker groups.
10    (a) Any person convicted of, found guilty under the
11Juvenile Court Act of 1987 for, or who received a disposition
12of court supervision for, a qualifying offense or attempt of a
13qualifying offense, convicted or found guilty of any offense
14classified as a felony under Illinois law, convicted or found
15guilty of any offense requiring registration under the Sex
16Offender Registration Act, found guilty or given supervision
17for any offense classified as a felony under the Juvenile Court
18Act of 1987, convicted or found guilty of, under the Juvenile
19Court Act of 1987, any offense requiring registration under the
20Sex Offender Registration Act, or institutionalized as a
21sexually dangerous person under the Sexually Dangerous Persons
22Act, or committed as a sexually violent person under the
23Sexually Violent Persons Commitment Act shall, regardless of

 

 

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1the sentence or disposition imposed, be required to submit
2specimens of blood, saliva, or tissue to the Illinois
3Department of State Police in accordance with the provisions of
4this Section, provided such person is:
5        (1) convicted of a qualifying offense or attempt of a
6    qualifying offense on or after July 1, 1990 and sentenced
7    to a term of imprisonment, periodic imprisonment, fine,
8    probation, conditional discharge or any other form of
9    sentence, or given a disposition of court supervision for
10    the offense;
11        (1.5) found guilty or given supervision under the
12    Juvenile Court Act of 1987 for a qualifying offense or
13    attempt of a qualifying offense on or after January 1,
14    1997;
15        (2) ordered institutionalized as a sexually dangerous
16    person on or after July 1, 1990;
17        (3) convicted of a qualifying offense or attempt of a
18    qualifying offense before July 1, 1990 and is presently
19    confined as a result of such conviction in any State
20    correctional facility or county jail or is presently
21    serving a sentence of probation, conditional discharge or
22    periodic imprisonment as a result of such conviction;
23        (3.5) convicted or found guilty of any offense
24    classified as a felony under Illinois law or found guilty
25    or given supervision for such an offense under the Juvenile
26    Court Act of 1987 on or after August 22, 2002;

 

 

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1        (4) presently institutionalized as a sexually
2    dangerous person or presently institutionalized as a
3    person found guilty but mentally ill of a sexual offense or
4    attempt to commit a sexual offense; or
5        (4.5) ordered committed as a sexually violent person on
6    or after the effective date of the Sexually Violent Persons
7    Commitment Act. ; or
8        (5) seeking transfer to or residency in Illinois under
9    Sections 3-3-11.05 through 3-3-11.5 of the Unified Code of
10    Corrections and the Interstate Compact for Adult Offender
11    Supervision or the Interstate Agreements on Sexually
12    Dangerous Persons Act.
13    (a-1) Any Notwithstanding other provisions of this
14Section, any person incarcerated in a facility of the Illinois
15Department of Corrections or the Illinois Department of
16Juvenile Justice on or after August 22, 2002, whether for a
17term of years, natural life, or a sentence of death, who has
18not yet submitted a specimen sample of blood, saliva, or tissue
19shall be required to submit a specimen of blood, saliva, or
20tissue prior to his or her final discharge, or release on
21parole or mandatory supervised release, as a condition of his
22or her parole or mandatory supervised release, or within 6
23months from August 13, 2009 (the effective date of Public Act
2496-426), whichever is sooner. A person incarcerated on or after
25August 13, 2009 (the effective date of Public Act 96-426) shall
26be required to submit a specimen sample within 45 days of

 

 

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1incarceration, or prior to his or her final discharge, or
2release on parole or mandatory supervised release, as a
3condition of his or her parole or mandatory supervised release,
4whichever is sooner. These specimens shall be placed into the
5State or national DNA database, to be used in accordance with
6other provisions of this Section, by the Illinois State Police.
7    (a-2) Any Notwithstanding other provisions of this
8Section, any person sentenced to life imprisonment in a
9facility of the Illinois Department of Corrections after the
10effective date of this amendatory Act of the 94th General
11Assembly or sentenced to death after the effective date of this
12amendatory Act of the 94th General Assembly shall be required
13to provide a specimen of blood, saliva, or tissue within 45
14days after sentencing or disposition at a collection site
15designated by the Illinois Department of State Police. Any
16person serving a sentence of life imprisonment in a facility of
17the Illinois Department of Corrections on the effective date of
18this amendatory Act of the 94th General Assembly or any person
19who is under a sentence of death on the effective date of this
20amendatory Act of the 94th General Assembly shall be required
21to provide a specimen of blood, saliva, or tissue upon request
22at a collection site designated by the Illinois Department of
23State Police.
24    (a-3) Any person seeking transfer to or residency in
25Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
26Code, the Interstate Compact for Adult Offender Supervision, or

 

 

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1the Interstate Agreements on Sexually Dangerous Persons Act
2shall be required to provide a specimen of blood, saliva, or
3tissue within 45 days after transfer to or residency in
4Illinois at a collection site designated by the Illinois
5Department of State Police.
6    (a-3.1) Any person required by an order of the court to
7submit a DNA specimen shall be required to provide a specimen
8of blood, saliva, or tissue within 45 days after the court
9order at a collection site designated by the Illinois
10Department of State Police.
11    (a-3.2) On or after the effective date of this amendatory
12Act of the 97th General Assembly, any person arrested for any
13of the following offenses, after an indictment has been
14returned by a grand jury, or following a hearing pursuant to
15Section 109-3 of the Code of Criminal Procedure of 1963 and a
16judge finds there is probable cause to believe the arrestee has
17committed one of the designated offenses, or an arrestee has
18waived a preliminary hearing shall be required to provide a
19specimen of blood, saliva, or tissue within 14 days after such
20indictment or hearing at a collection site designated by the
21Illinois Department of State Police:
22        (A) first degree murder;
23        (B) home invasion;
24        (C) predatory criminal sexual assault of a child;
25        (D) aggravated criminal sexual assault; or
26        (E) criminal sexual assault.

 

 

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1    (a-3.3) Any person required to register as a sex offender
2under the Sex Offender Registration Act, regardless of the date
3of conviction as set forth in subsection (c-5.2) shall be
4required to provide a specimen of blood, saliva, or tissue
5within the time period prescribed in subsection (c-5.2) at a
6collection site designated by the Illinois Department of State
7Police.
8    (a-5) Any person who was otherwise convicted of or received
9a disposition of court supervision for any other offense under
10the Criminal Code of 1961 or who was found guilty or given
11supervision for such a violation under the Juvenile Court Act
12of 1987, may, regardless of the sentence imposed, be required
13by an order of the court to submit specimens of blood, saliva,
14or tissue to the Illinois Department of State Police in
15accordance with the provisions 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,
18saliva, or tissue shall provide specimens of blood, saliva, or
19tissue within 45 days after sentencing or disposition at a
20collection site designated by the Illinois Department of State
21Police.
22    (c) Any person required by paragraphs (a)(3), (a)(4), and
23(a)(4.5) to provide specimens of blood, saliva, or tissue shall
24be required to provide such specimens samples prior to final
25discharge or within 6 months from August 13, 2009 (the
26effective date of Public Act 96-426), whichever is sooner.

 

 

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1These specimens shall be placed into the State or national DNA
2database, to be used in accordance with other provisions of
3this Act, by the Illinois State Police.
4    (c-5) Any person required by paragraph (a-3) (a)(5) to
5provide specimens of blood, saliva, or tissue shall, where
6feasible, be required to provide the specimens before being
7accepted for conditioned residency in Illinois under the
8interstate compact or agreement, but no later than 45 days
9after arrival in this State.
10    (c-5.2) Unless it is determined that a registered sex
11offender has previously submitted a specimen of blood, saliva,
12or tissue that has been placed into the State DNA database, a
13person registering as a sex offender shall be required to
14submit a specimen at the time of his or her initial
15registration pursuant to the Sex Offender Registration Act or,
16for a person registered as a sex offender on or prior to the
17effective date of this amendatory Act of the 97th General
18Assembly, within one year of the effective date of this
19amendatory Act or at the time of his or her next required
20registration.
21    (c-6) The Illinois Department of State Police may determine
22which type of specimen or specimens, blood, saliva, or tissue,
23is acceptable for submission to the Division of Forensic
24Services for analysis. The Illinois Department of State Police
25may require the submission of fingerprints from anyone required
26to give a specimen under this Act.

 

 

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1    (d) The Illinois Department of State Police shall provide
2all equipment and instructions necessary for the collection of
3blood specimens samples. The collection of specimens samples
4shall be performed in a medically approved manner. Only a
5physician authorized to practice medicine, a registered nurse
6or other qualified person trained in venipuncture may withdraw
7blood for the purposes of this Act. The specimens samples shall
8thereafter be forwarded to the Illinois Department of State
9Police, Division of Forensic Services, for analysis and
10categorizing into genetic marker groupings.
11    (d-1) The Illinois Department of State Police shall provide
12all equipment and instructions necessary for the collection of
13saliva specimens samples. The collection of saliva specimens
14samples shall be performed in a medically approved manner. Only
15a person trained in the instructions promulgated by the
16Illinois State Police on collecting saliva may collect saliva
17for the purposes of this Section. The specimens samples shall
18thereafter be forwarded to the Illinois Department of State
19Police, Division of Forensic Services, for analysis and
20categorizing into genetic marker groupings.
21    (d-2) The Illinois Department of State Police shall provide
22all equipment and instructions necessary for the collection of
23tissue specimens samples. The collection of tissue specimens
24samples shall be performed in a medically approved manner. Only
25a person trained in the instructions promulgated by the
26Illinois State Police on collecting tissue may collect tissue

 

 

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1for the purposes of this Section. The specimens samples shall
2thereafter be forwarded to the Illinois Department of State
3Police, Division of Forensic Services, for analysis and
4categorizing into genetic marker groupings.
5    (d-5) To the extent that funds are available, the Illinois
6Department of State Police shall contract with qualified
7personnel and certified laboratories for the collection,
8analysis, and categorization of known specimens samples,
9except as provided in subsection (n) of this Section.
10    (d-6) Agencies designated by the Illinois Department of
11State Police and the Illinois Department of State Police may
12contract with third parties to provide for the collection or
13analysis of DNA, or both, of an offender's blood, saliva, and
14tissue specimens samples, except as provided in subsection (n)
15of this Section.
16    (e) The genetic marker groupings shall be maintained by the
17Illinois Department of State Police, Division of Forensic
18Services.
19    (f) The genetic marker grouping analysis information
20obtained pursuant to this Act shall be confidential and shall
21be released only to peace officers of the United States, of
22other states or territories, of the insular possessions of the
23United States, of foreign countries duly authorized to receive
24the same, to all peace officers of the State of Illinois and to
25all prosecutorial agencies, and to defense counsel as provided
26by Section 116-5 of the Code of Criminal Procedure of 1963. The

 

 

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1genetic marker grouping analysis information obtained pursuant
2to this Act shall be used only for (i) valid law enforcement
3identification purposes and as required by the Federal Bureau
4of Investigation for participation in the National DNA
5database, (ii) technology validation purposes, (iii) a
6population statistics database, (iv) quality assurance
7purposes if personally identifying information is removed, (v)
8assisting in the defense of the criminally accused pursuant to
9Section 116-5 of the Code of Criminal Procedure of 1963, or
10(vi) identifying and assisting in the prosecution of a person
11who is suspected of committing a sexual assault as defined in
12Section 1a of the Sexual Assault Survivors Emergency Treatment
13Act. Notwithstanding any other statutory provision to the
14contrary, all information obtained under this Section shall be
15maintained in a single State data base, which may be uploaded
16into a national database, and which information may be subject
17to expungement only as set forth in subsection (f-1).
18    (f-1) Upon receipt of notification of a reversal of a
19conviction based on actual innocence, or of the granting of a
20pardon pursuant to Section 12 of Article V of the Illinois
21Constitution, if that pardon document specifically states that
22the reason for the pardon is the actual innocence of an
23individual whose DNA record has been stored in the State or
24national DNA identification index in accordance with this
25Section by the Illinois Department of State Police, the DNA
26record shall be expunged from the DNA identification index, and

 

 

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1the Department shall by rule prescribe procedures to ensure
2that the record and any specimens samples, analyses, or other
3documents relating to such record, whether in the possession of
4the Department or any law enforcement or police agency, or any
5forensic DNA laboratory, including any duplicates or copies
6thereof, are destroyed and a letter is sent to the court
7verifying the expungement is completed. For specimens required
8to be collected prior to conviction, unless the individual has
9other charges or convictions that require submission of a
10specimen, the DNA record for an individual shall be expunged
11from the DNA identification databases and the specimen
12destroyed upon receipt of a certified copy of a final court
13order for each charge against an individual in which the charge
14has been dismissed, resulted in acquittal, or that the charge
15was not filed within the applicable time period. The Department
16shall by rule prescribe procedures to ensure that the record
17and any specimens in the possession or control of the
18Department are destroyed and a letter is sent to the court
19verifying the expungement is completed.
20    (f-5) Any person who intentionally uses genetic marker
21grouping analysis information, or any other information
22derived from a DNA specimen sample, beyond the authorized uses
23as provided under this Section, or any other Illinois law, is
24guilty of a Class 4 felony, and shall be subject to a fine of
25not less than $5,000.
26    (f-6) The Illinois Department of State Police may contract

 

 

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

 

 

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1State central repository for all genetic marker grouping
2analysis information obtained pursuant to this Act. The
3Illinois Department of State Police may promulgate rules for
4the form and manner of the collection of blood, saliva, or
5tissue specimens samples and other procedures for the operation
6of this Act. The provisions of the Administrative Review Law
7shall apply to all actions taken under the rules so
8promulgated.
9    (i) (1) A person required to provide a blood, saliva, or
10    tissue specimen shall cooperate with the collection of the
11    specimen and any deliberate act by that person intended to
12    impede, delay or stop the collection of the blood, saliva,
13    or tissue specimen is a Class 4 felony A misdemeanor.
14        (2) In the event that a person's DNA specimen sample is
15    not adequate for any reason, the person shall provide
16    another DNA specimen sample for analysis. Duly authorized
17    law enforcement and corrections personnel may employ
18    reasonable force in cases in which an individual refuses to
19    provide a DNA specimen sample required under this Act.
20    (j) Any person required by subsection (a), or any person
21who was previously required by subsection (a-3.2), to submit
22specimens of blood, saliva, or tissue to the Illinois
23Department of State Police for analysis and categorization into
24genetic marker grouping, in addition to any other disposition,
25penalty, or fine imposed, shall pay an analysis fee of $250
26$200. If the analysis fee is not paid at the time of

 

 

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

 

 

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1        subsection (d).
2            (B) Costs incurred in maintaining genetic marker
3        groupings as required by subsection (e).
4            (C) Costs incurred in the purchase and maintenance
5        of equipment for use in performing analyses.
6            (D) Costs incurred in continuing research and
7        development of new techniques for analysis and genetic
8        marker categorization.
9            (E) Costs incurred in continuing education,
10        training, and professional development of forensic
11        scientists regularly employed by these laboratories.
12    (l) The failure of a person to provide a specimen, or of
13any person or agency to collect a specimen, within the 45 day
14period shall in no way alter the obligation of the person to
15submit such specimen, or the authority of the Illinois
16Department of State Police or persons designated by the
17Department to collect the specimen, or the authority of the
18Illinois Department of State Police to accept, analyze and
19maintain the specimen or to maintain or upload results of
20genetic marker grouping analysis information into a State or
21national database.
22    (m) If any provision of this amendatory Act of the 93rd
23General Assembly is held unconstitutional or otherwise
24invalid, the remainder of this amendatory Act of the 93rd
25General Assembly is not affected.
26    (n) Neither the Department of State Police, the Division of

 

 

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1Forensic Services, nor any laboratory of the Division of
2Forensic Services may contract out forensic testing for the
3purpose of an active investigation or a matter pending before a
4court of competent jurisdiction without the written consent of
5the prosecuting agency. For the purposes of this subsection
6(n), "forensic testing" includes the analysis of physical
7evidence in an investigation or other proceeding for the
8prosecution of a violation of the Criminal Code of 1961 or for
9matters adjudicated under the Juvenile Court Act of 1987, and
10includes the use of forensic databases and databanks, including
11DNA, firearm, and fingerprint databases, and expert testimony.
12    (o) Mistake does not invalidate a database match. The
13detention, arrest, or conviction of a person based upon a
14database match or database information is not invalidated if it
15is determined that the specimen was obtained or placed in the
16database by mistake.
17    (p) This Section may be referred to as the Illinois DNA
18Database Law of 2011.
19(Source: P.A. 96-426, eff. 8-13-09; 96-642, eff. 8-24-09;
2096-1000, eff. 7-2-10.)
 
21    Section 10. The Sex Offender Registration Act is amended by
22changing Section 8 as follows:
 
23    (730 ILCS 150/8)  (from Ch. 38, par. 228)
24    Sec. 8. Registration and DNA submission requirements

 

 

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1Requirements.
2    (a) Registration. Registration as required by this Article
3shall consist of a statement in writing signed by the person
4giving the information that is required by the Department of
5State Police, which may include the fingerprints and must
6include a current photograph of the person, to be updated
7annually. If the sex offender is a child sex offender as
8defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
91961, he or she shall sign a statement that he or she
10understands that according to Illinois law as a child sex
11offender he or she may not reside within 500 feet of a school,
12park, or playground. The offender may also not reside within
13500 feet of a facility providing services directed exclusively
14toward persons under 18 years of age unless the sex offender
15meets specified exemptions. The registration information must
16include whether the person is a sex offender as defined in the
17Sex Offender Community Notification Law. Within 3 days, the
18registering law enforcement agency shall forward any required
19information to the Department of State Police. The registering
20law enforcement agency shall enter the information into the Law
21Enforcement Agencies Data System (LEADS) as provided in
22Sections 6 and 7 of the Intergovernmental Missing Child
23Recovery Act of 1984.
24    (b) DNA submission. Every person registering as a sex
25offender _pursuant to this Act, regardless of the date of
26conviction or the date of initial registration who is required

 

 

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1to submit specimens of blood, saliva, or tissue for DNA
2analysis as required by subsection (a) of Section 5-4-3 of the
3Unified Code of Corrections shall submit the specimens as
4required by that Section. Registered sex offenders who have
5previously submitted a DNA specimen which has been uploaded to
6the Illinois DNA database shall not be required to submit an
7additional specimen pursuant to this Section.
8(Source: P.A. 93-979, eff. 8-20-04; 94-166, eff. 1-1-06;
994-945, eff. 6-27-06.)
 
10    Section 97. Severability. The provisions of this Act are
11severable under Section 1.31 of the Statute on Statutes.