093_SB0280ham001

 










                                     LRB093 03819 RLC 15459 a

 1                    AMENDMENT TO SENATE BILL 280

 2        AMENDMENT NO.     .  Amend Senate Bill 280 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 03819 RLC 15459 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 03819 RLC 15459 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 final discharge or release on  parole  or
15    mandatory  supervised  release,  as a condition of his or her
16    parole or mandatory 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 03819 RLC 15459 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 03819 RLC 15459 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        (e)  The genetic marker groupings shall be maintained  by
19    the Illinois Department of State Police, Division of Forensic
20    Services.
21        (f)  The  genetic  marker  grouping  analysis information
22    obtained pursuant to this Act shall be confidential and shall
23    be released only to peace officers of the United  States,  of
24    other  states  or  territories, of the insular possessions of
25    the United States, of foreign countries  duly  authorized  to
26    receive  the  same,  to  all  peace  officers of the State of
27    Illinois and to all  prosecutorial  agencies.    The  genetic
28    marker  grouping  analysis  information  obtained pursuant to
29    this Act shall be used only for  (i)  valid  law  enforcement
30    identification purposes and as required by the Federal Bureau
31    of  Investigation  for  participation  in  the  National  DNA
32    database,  or  (ii)  technology  validation purposes, (iii) a
33    population statistics database,  or  (iv)  quality  assurance
34    purposes  if  personally  identifying information is removed.
 
                            -6-      LRB093 03819 RLC 15459 a
 1    Notwithstanding  any  other  statutory   provision   to   the
 2    contrary,  all  information obtained under this Section shall
 3    be maintained in a single  State  data  base,  which  may  be
 4    uploaded  into a national database, and which information may
 5    be subject to expungement only as  set  forth  in  subsection
 6    (f-1).
 7        (f-1)  Upon  receipt  of  notification of a reversal of a
 8    conviction based on actual innocence, or of the granting of a
 9    pardon pursuant to Section 12 of Article V  of  the  Illinois
10    Constitution,  if  that  pardon  document specifically states
11    that the reason for the pardon is the actual innocence of  an
12    individual  whose  DNA record has been stored in the State or
13    national DNA identification index  in  accordance  with  this
14    Section  by  the Illinois Department of State Police, the DNA
15    record shall be expunged from the DNA  identification  index,
16    and  the  Department  shall  by  rule prescribe procedures to
17    ensure that the record and any samples,  analyses,  or  other
18    documents  relating to such record, whether in the possession
19    of the Department or any law enforcement or police agency, or
20    any forensic DNA  laboratory,  including  any  duplicates  or
21    copies  thereof,  are  destroyed  and a letter is sent to the
22    court verifying the expungement is completed.
23        (f-5)  Any person who intentionally uses  genetic  marker
24    grouping  analysis  information,  or  any  other  information
25    derived  from  a  DNA  sample,  beyond the authorized uses as
26    provided under this Section, or any other  Illinois  law,  is
27    guilty of a Class 4 felony, and shall be subject to a fine of
28    not less than $5,000.
29        (f-6)  The   Illinois  Department  of  State  Police  may
30    contract with third parties for the purposes of  implementing
31    this  amendatory  Act of the 93rd General Assembly. Any other
32    party contracting to carry out the functions of this  Section
33    shall be subject to the same restrictions and requirements of
34    this   Section   insofar   as  applicable,  as  the  Illinois
 
                            -7-      LRB093 03819 RLC 15459 a
 1    Department  of  State   Police,   and   to   any   additional
 2    restrictions  imposed  by  the  Illinois  Department of State
 3    Police.
 4        (g)  For  the  purposes  of  this  Section,   "qualifying
 5    offense" means any of the following:
 6             (1)  any  violation or inchoate violation of Section
 7        11-6, 11-9.1, 11-11, 11-18.1,  12-15,  or  12-16  of  the
 8        Criminal Code of 1961;, or
 9             (1.1)  any   violation   or  inchoate  violation  of
10        Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
11        18-3, 18-4, 19-1, or 19-2 of the Criminal  Code  of  1961
12        for  which  persons  are  convicted  on  or after July 1,
13        2001;, or
14             (2)  any former statute of this State which  defined
15        a felony sexual offense;, or
16             (3)  (blank);, or
17             (4)  any   inchoate   violation  of  Section  9-3.1,
18        11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of  1961;,
19        or
20             (5)  any  violation or inchoate violation of Article
21        29D of the Criminal Code of 1961.
22        (g-5)  (Blank).
23        (h)  The Illinois Department of State Police shall be the
24    State central repository  for  all  genetic  marker  grouping
25    analysis  information  obtained  pursuant  to  this Act.  The
26    Illinois Department of State Police may promulgate rules  for
27    the  form  and  manner of the collection of blood, saliva, or
28    tissue samples and other procedures for the operation of this
29    Act.  The provisions of the Administrative Review  Law  shall
30    apply to all actions taken under the rules so promulgated.
31        (i)(1)  A  person required to provide a blood, saliva, or
32    tissue specimen shall cooperate with the  collection  of  the
33    specimen  and  any  deliberate act by that person intended to
34    impede, delay or stop the collection of the blood, saliva, or
 
                            -8-      LRB093 03819 RLC 15459 a
 1    tissue specimen is a Class A misdemeanor.
 2        (2)  In the event that  a  person's  DNA  sample  is  not
 3    adequate for any reason, the person shall provide another DNA
 4    sample  for  analysis.  Duly  authorized  law enforcement and
 5    corrections personnel may employ reasonable force in cases in
 6    which an individual refuses to provide a DNA sample  required
 7    under this Act.
 8        (j)  Any  person  required  by  subsection  (a) to submit
 9    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
10    Department of State Police for  analysis  and  categorization
11    into  genetic  marker  grouping,  in  addition  to  any other
12    disposition, penalty, or fine imposed, shall pay an  analysis
13    fee  of $200.  If the analysis fee is not paid at the time of
14    sentencing, the court shall establish a fee schedule by which
15    the entire amount of the analysis fee shall be paid in  full,
16    such  schedule  not  to  exceed  24  months  from the time of
17    conviction.  The inability to pay this analysis fee shall not
18    be the sole ground to incarcerate the person.
19        (k)  All analysis and categorization fees provided for by
20    subsection (j) shall be regulated as follows:
21             (1)  The State Offender  DNA  Identification  System
22        Fund  is  hereby  created  as a special fund in the State
23        Treasury.
24             (2)  All fees shall be collected by the clerk of the
25        court  and  forwarded   to   the   State   Offender   DNA
26        Identification System Fund for deposit.  The clerk of the
27        circuit  court  may  retain  the  amount of $10 from each
28        collected analysis fee  to  offset  administrative  costs
29        incurred  in  carrying  out  the clerk's responsibilities
30        under this Section.
31             (3)  Fees deposited  into  the  State  Offender  DNA
32        Identification  System  Fund  shall  be  used by Illinois
33        State Police crime  laboratories  as  designated  by  the
34        Director  of  State  Police.   These  funds  shall  be in
 
                            -9-      LRB093 03819 RLC 15459 a
 1        addition to any allocations  made  pursuant  to  existing
 2        laws  and  shall  be  designated for the exclusive use of
 3        State crime laboratories.  These uses  may  include,  but
 4        are not limited to, the following:
 5                  (A)  Costs  incurred  in providing analysis and
 6             genetic  marker  categorization   as   required   by
 7             subsection (d).
 8                  (B)  Costs   incurred  in  maintaining  genetic
 9             marker groupings as required by subsection (e).
10                  (C)  Costs  incurred  in   the   purchase   and
11             maintenance  of  equipment  for  use  in  performing
12             analyses.
13                  (D)  Costs  incurred in continuing research and
14             development  of  new  techniques  for  analysis  and
15             genetic marker categorization.
16                  (E)  Costs incurred  in  continuing  education,
17             training,  and  professional development of forensic
18             scientists regularly employed by these laboratories.
19        (l)  The failure of a person to provide a specimen, or of
20    any person or agency to collect a specimen, within the 45 day
21    period shall in no way alter the obligation of the person  to
22    submit  such  specimen,  or  the  authority  of  the Illinois
23    Department of State  Police  or  persons  designated  by  the
24    Department  to  collect the specimen, or the authority of the
25    Illinois Department of State Police to  accept,  analyze  and
26    maintain  the  specimen  or  to maintain or upload results of
27    genetic marker grouping analysis information into a State  or
28    national database.
29        (m)  If  any provision of this amendatory Act of the 93rd
30    General  Assembly  is  held  unconstitutional  or   otherwise
31    invalid,  the  remainder  of  this amendatory Act of the 93rd
32    General Assembly is not affected.
33    (Source: P.A.  91-528,  eff.  1-1-00;  92-16,  eff.  6-28-01;
34    92-40, eff.  6-29-01;  92-571,  eff.  6-26-02;  92-600,  eff.
 
                            -10-     LRB093 03819 RLC 15459 a
 1    6-28-02;  92-829, eff. 8-22-02; 92-854, eff. 12-5-02; revised
 2    1-20-03.)".