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Full Text of HB3238  97th General Assembly

HB3238ham002 97TH GENERAL ASSEMBLY

Rep. Susana A. Mendoza

Filed: 3/29/2011

 

 


 

 


 
09700HB3238ham002LRB097 08079 RLC 53570 a

1
AMENDMENT TO HOUSE BILL 3238

2    AMENDMENT NO. ______. Amend House Bill 3238, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Unified Code of Corrections is amended by
6changing 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. Specimens Persons convicted of, or found
9delinquent for, certain offenses or institutionalized as
10sexually dangerous; specimens; genetic marker groups.
11    (a) Any person convicted of, found guilty under the
12Juvenile Court Act of 1987 for, or who received a disposition
13of court supervision for, a qualifying offense or attempt of a
14qualifying offense, convicted or found guilty of any offense
15classified as a felony under Illinois law, convicted or found
16guilty of any offense requiring registration under the Sex

 

 

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1Offender Registration Act, found guilty or given supervision
2for any offense classified as a felony under the Juvenile Court
3Act of 1987, convicted or found guilty of, under the Juvenile
4Court Act of 1987, any offense requiring registration under the
5Sex Offender Registration Act, or institutionalized as a
6sexually dangerous person under the Sexually Dangerous Persons
7Act, or committed as a sexually violent person under the
8Sexually Violent Persons Commitment Act shall, regardless of
9the sentence or disposition imposed, be required to submit
10specimens of blood, saliva, or tissue to the Illinois
11Department of State Police in accordance with the provisions of
12this Section, provided such person is:
13        (1) convicted of a qualifying offense or attempt of a
14    qualifying offense on or after July 1, 1990 and sentenced
15    to a term of imprisonment, periodic imprisonment, fine,
16    probation, conditional discharge or any other form of
17    sentence, or given a disposition of court supervision for
18    the offense;
19        (1.5) found guilty or given supervision under the
20    Juvenile Court Act of 1987 for a qualifying offense or
21    attempt of a qualifying offense on or after January 1,
22    1997;
23        (2) ordered institutionalized as a sexually dangerous
24    person on or after July 1, 1990;
25        (3) convicted of a qualifying offense or attempt of a
26    qualifying offense before July 1, 1990 and is presently

 

 

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1    confined as a result of such conviction in any State
2    correctional facility or county jail or is presently
3    serving a sentence of probation, conditional discharge or
4    periodic imprisonment as a result of such conviction;
5        (3.5) convicted or found guilty of any offense
6    classified as a felony under Illinois law or found guilty
7    or given supervision for such an offense under the Juvenile
8    Court Act of 1987 on or after August 22, 2002;
9        (4) presently institutionalized as a sexually
10    dangerous person or presently institutionalized as a
11    person found guilty but mentally ill of a sexual offense or
12    attempt to commit a sexual offense; or
13        (4.5) ordered committed as a sexually violent person on
14    or after the effective date of the Sexually Violent Persons
15    Commitment Act. ; or
16        (5) seeking transfer to or residency in Illinois under
17    Sections 3-3-11.05 through 3-3-11.5 of the Unified Code of
18    Corrections and the Interstate Compact for Adult Offender
19    Supervision or the Interstate Agreements on Sexually
20    Dangerous Persons Act.
21    (a-1) Any Notwithstanding other provisions of this
22Section, any person incarcerated in a facility of the Illinois
23Department of Corrections or the Illinois Department of
24Juvenile Justice on or after August 22, 2002, whether for a
25term of years, natural life, or a sentence of death, who has
26not yet submitted a specimen sample of blood, saliva, or tissue

 

 

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1shall be required to submit a specimen of blood, saliva, or
2tissue prior to his or her final discharge, or release on
3parole or mandatory supervised release, as a condition of his
4or her parole or mandatory supervised release, or within 6
5months from August 13, 2009 (the effective date of Public Act
696-426), whichever is sooner. A person incarcerated on or after
7August 13, 2009 (the effective date of Public Act 96-426) shall
8be required to submit a specimen sample within 45 days of
9incarceration, or prior to his or her final discharge, or
10release on parole or mandatory supervised release, as a
11condition of his or her parole or mandatory supervised release,
12whichever is sooner. These specimens shall be placed into the
13State or national DNA database, to be used in accordance with
14other provisions of this Section, by the Illinois State Police.
15    (a-2) Any Notwithstanding other provisions of this
16Section, any person sentenced to life imprisonment in a
17facility of the Illinois Department of Corrections after the
18effective date of this amendatory Act of the 94th General
19Assembly or sentenced to death after the effective date of this
20amendatory Act of the 94th General Assembly shall be required
21to provide a specimen of blood, saliva, or tissue within 45
22days after sentencing or disposition at a collection site
23designated by the Illinois Department of State Police. Any
24person serving a sentence of life imprisonment in a facility of
25the Illinois Department of Corrections on the effective date of
26this amendatory Act of the 94th General Assembly or any person

 

 

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1who is under a sentence of death on the effective date of this
2amendatory Act of the 94th General Assembly shall be required
3to provide a specimen of blood, saliva, or tissue upon request
4at a collection site designated by the Illinois Department of
5State Police.
6    (a-3) Any person seeking transfer to or residency in
7Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
8Code, the Interstate Compact for Adult Offender Supervision, or
9the Interstate Agreements on Sexually Dangerous Persons Act
10shall be required to provide a specimen of blood, saliva, or
11tissue within 45 days after transfer to or residency in
12Illinois at a collection site designated by the Illinois
13Department of State Police.
14    (a-3.1) Any person required by an order of the court to
15submit a DNA specimen shall be required to provide a specimen
16of blood, saliva, or tissue within 45 days after the court
17order at a collection site designated by the Illinois
18Department of State Police.
19    (a-3.2) On or after the effective date of this amendatory
20Act of the 97th General Assembly, any person arrested for any
21of the following offenses, after an indictment has been
22returned by a grand jury, or following a hearing pursuant to
23Section 109-3 of the Code of Criminal Procedure of 1963 and a
24judge finds there is probable cause to believe the arrestee has
25committed one of the designated offenses, or an arrestee has
26waived a preliminary hearing shall be required to provide a

 

 

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1specimen of blood, saliva, or tissue within 14 days after such
2indictment or hearing at a collection site designated by the
3Illinois Department of State Police:
4        (A) first degree murder;
5        (B) home invasion;
6        (C) predatory criminal sexual assault of a child;
7        (D) aggravated criminal sexual assault; or
8        (E) criminal sexual assault.
9    (a-3.3) Any person required to register as a sex offender
10under the Sex Offender Registration Act, regardless of the date
11of conviction as set forth in subsection (c-5.2) shall be
12required to provide a specimen of blood, saliva, or tissue
13within the time period prescribed in subsection (c-5.2) at a
14collection site designated by the Illinois Department of State
15Police.
16    (a-5) Any person who was otherwise convicted of or received
17a disposition of court supervision for any other offense under
18the Criminal Code of 1961 or who was found guilty or given
19supervision for such a violation under the Juvenile Court Act
20of 1987, may, regardless of the sentence imposed, be required
21by an order of the court to submit specimens of blood, saliva,
22or tissue to the Illinois Department of State Police in
23accordance with the provisions of this Section.
24    (b) Any person required by paragraphs (a)(1), (a)(1.5),
25(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
26saliva, or tissue shall provide specimens of blood, saliva, or

 

 

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1tissue within 45 days after sentencing or disposition at a
2collection site designated by the Illinois Department of State
3Police.
4    (c) Any person required by paragraphs (a)(3), (a)(4), and
5(a)(4.5) to provide specimens of blood, saliva, or tissue shall
6be required to provide such specimens samples prior to final
7discharge or within 6 months from August 13, 2009 (the
8effective date of Public Act 96-426), whichever is sooner.
9These specimens shall be placed into the State or national DNA
10database, to be used in accordance with other provisions of
11this Act, by the Illinois State Police.
12    (c-5) Any person required by paragraph (a-3) (a)(5) to
13provide specimens of blood, saliva, or tissue shall, where
14feasible, be required to provide the specimens before being
15accepted for conditioned residency in Illinois under the
16interstate compact or agreement, but no later than 45 days
17after arrival in this State.
18    (c-5.2) Unless it is determined that a registered sex
19offender has previously submitted a specimen of blood, saliva,
20or tissue that has been placed into the State DNA database, a
21person registering as a sex offender shall be required to
22submit a specimen at the time of his or her initial
23registration pursuant to the Sex Offender Registration Act or,
24for a person registered as a sex offender on or prior to the
25effective date of this amendatory Act of the 97th General
26Assembly, within one year of the effective date of this

 

 

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

 

 

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

 

 

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

 

 

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1conviction based on actual innocence, or of the granting of a
2pardon pursuant to Section 12 of Article V of the Illinois
3Constitution, if that pardon document specifically states that
4the reason for the pardon is the actual innocence of an
5individual whose DNA record has been stored in the State or
6national DNA identification index in accordance with this
7Section by the Illinois Department of State Police, the DNA
8record shall be expunged from the DNA identification index, and
9the Department shall by rule prescribe procedures to ensure
10that the record and any specimens samples, analyses, or other
11documents relating to such record, whether in the possession of
12the Department or any law enforcement or police agency, or any
13forensic DNA laboratory, including any duplicates or copies
14thereof, are destroyed and a letter is sent to the court
15verifying the expungement is completed. For specimens required
16to be collected prior to conviction, unless the individual has
17other charges or convictions that require submission of a
18specimen, the DNA record for an individual shall be expunged
19from the DNA identification databases and the specimen
20destroyed upon receipt of a certified copy of a final court
21order for each charge against an individual in which the charge
22has been dismissed, resulted in acquittal, or that the charge
23was not filed within the applicable time period. The Department
24shall by rule prescribe procedures to ensure that the record
25and any specimens in the possession or control of the
26Department are destroyed and a letter is sent to the court

 

 

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1verifying the expungement is completed.
2    (f-5) Any person who intentionally uses genetic marker
3grouping analysis information, or any other information
4derived from a DNA specimen sample, beyond the authorized uses
5as provided under this Section, or any other Illinois law, is
6guilty of a Class 4 felony, and shall be subject to a fine of
7not less than $5,000.
8    (f-6) The Illinois Department of State Police may contract
9with third parties for the purposes of implementing this
10amendatory Act of the 93rd General Assembly, except as provided
11in subsection (n) of this Section. Any other party contracting
12to carry out the functions of this Section shall be subject to
13the same restrictions and requirements of this Section insofar
14as applicable, as the Illinois Department of State Police, and
15to any additional restrictions imposed by the Illinois
16Department of State Police.
17    (g) For the purposes of this Section, "qualifying offense"
18means any of the following:
19        (1) any violation or inchoate violation of Section
20    11-6, 11-9.1, 11-11, 11-18.1, 12-15, or 12-16 of the
21    Criminal Code of 1961;
22        (1.1) any violation or inchoate violation of Section
23    9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
24    18-4, 19-1, or 19-2 of the Criminal Code of 1961 for which
25    persons are convicted on or after July 1, 2001;
26        (2) any former statute of this State which defined a

 

 

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1    felony sexual offense;
2        (3) (blank);
3        (4) any inchoate violation of Section 9-3.1, 11-9.3,
4    12-7.3, or 12-7.4 of the Criminal Code of 1961; or
5        (5) any violation or inchoate violation of Article 29D
6    of the Criminal Code of 1961.
7    (g-5) (Blank).
8    (h) The Illinois Department of State Police shall be the
9State central repository for all genetic marker grouping
10analysis information obtained pursuant to this Act. The
11Illinois Department of State Police may promulgate rules for
12the form and manner of the collection of blood, saliva, or
13tissue specimens samples and other procedures for the operation
14of this Act. The provisions of the Administrative Review Law
15shall apply to all actions taken under the rules so
16promulgated.
17    (i) (1) A person required to provide a blood, saliva, or
18    tissue specimen shall cooperate with the collection of the
19    specimen and any deliberate act by that person intended to
20    impede, delay or stop the collection of the blood, saliva,
21    or tissue specimen is a Class 4 felony A misdemeanor.
22        (2) In the event that a person's DNA specimen sample is
23    not adequate for any reason, the person shall provide
24    another DNA specimen sample for analysis. Duly authorized
25    law enforcement and corrections personnel may employ
26    reasonable force in cases in which an individual refuses to

 

 

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1    provide a DNA specimen sample required under this Act.
2    (j) Any person required by subsection (a), or any person
3who was previously required by subsection (a-3.2), to submit
4specimens of blood, saliva, or tissue to the Illinois
5Department of State Police for analysis and categorization into
6genetic marker grouping, in addition to any other disposition,
7penalty, or fine imposed, shall pay an analysis fee of $250
8$200. If the analysis fee is not paid at the time of
9sentencing, the court shall establish a fee schedule by which
10the entire amount of the analysis fee shall be paid in full,
11such schedule not to exceed 24 months from the time of
12conviction. The inability to pay this analysis fee shall not be
13the sole ground to incarcerate the person.
14    (k) All analysis and categorization fees provided for by
15subsection (j) shall be regulated as follows:
16        (1) The State Offender DNA Identification System Fund
17    is hereby created as a special fund in the State Treasury.
18        (2) All fees shall be collected by the clerk of the
19    court and forwarded to the State Offender DNA
20    Identification System Fund for deposit. The clerk of the
21    circuit court may retain the amount of $10 from each
22    collected analysis fee to offset administrative costs
23    incurred in carrying out the clerk's responsibilities
24    under this Section.
25        (3) Fees deposited into the State Offender DNA
26    Identification System Fund shall be used by Illinois State

 

 

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1    Police crime laboratories as designated by the Director of
2    State Police. These funds shall be in addition to any
3    allocations made pursuant to existing laws and shall be
4    designated for the exclusive use of State crime
5    laboratories. These uses may include, but are not limited
6    to, the following:
7            (A) Costs incurred in providing analysis and
8        genetic marker categorization as required by
9        subsection (d).
10            (B) Costs incurred in maintaining genetic marker
11        groupings as required by subsection (e).
12            (C) Costs incurred in the purchase and maintenance
13        of equipment for use in performing analyses.
14            (D) Costs incurred in continuing research and
15        development of new techniques for analysis and genetic
16        marker categorization.
17            (E) Costs incurred in continuing education,
18        training, and professional development of forensic
19        scientists regularly employed by these laboratories.
20    (l) The failure of a person to provide a specimen, or of
21any person or agency to collect a specimen, within the 45 day
22period shall in no way alter the obligation of the person to
23submit such specimen, or the authority of the Illinois
24Department of State Police or persons designated by the
25Department to collect the specimen, or the authority of the
26Illinois Department of State Police to accept, analyze and

 

 

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1maintain the specimen or to maintain or upload results of
2genetic marker grouping analysis information into a State or
3national database.
4    (m) If any provision of this amendatory Act of the 93rd
5General Assembly is held unconstitutional or otherwise
6invalid, the remainder of this amendatory Act of the 93rd
7General Assembly is not affected.
8    (n) Neither the Department of State Police, the Division of
9Forensic Services, nor any laboratory of the Division of
10Forensic Services may contract out forensic testing for the
11purpose of an active investigation or a matter pending before a
12court of competent jurisdiction without the written consent of
13the prosecuting agency. For the purposes of this subsection
14(n), "forensic testing" includes the analysis of physical
15evidence in an investigation or other proceeding for the
16prosecution of a violation of the Criminal Code of 1961 or for
17matters adjudicated under the Juvenile Court Act of 1987, and
18includes the use of forensic databases and databanks, including
19DNA, firearm, and fingerprint databases, and expert testimony.
20    (o) Mistake does not invalidate a database match. The
21detention, arrest, or conviction of a person based upon a
22database match or database information is not invalidated if it
23is determined that the specimen was obtained or placed in the
24database by mistake.
25    (p) This Section may be referred to as the Illinois DNA
26Database Law of 2011.

 

 

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1(Source: P.A. 96-426, eff. 8-13-09; 96-642, eff. 8-24-09;
296-1000, eff. 7-2-10.)
 
3    Section 10. The Sex Offender Registration Act is amended by
4changing Section 8 as follows:
 
5    (730 ILCS 150/8)  (from Ch. 38, par. 228)
6    Sec. 8. Registration and DNA submission requirements
7Requirements.
8    (a) Registration. Registration as required by this Article
9shall consist of a statement in writing signed by the person
10giving the information that is required by the Department of
11State Police, which may include the fingerprints and must
12include a current photograph of the person, to be updated
13annually. If the sex offender is a child sex offender as
14defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
151961, he or she shall sign a statement that he or she
16understands that according to Illinois law as a child sex
17offender he or she may not reside within 500 feet of a school,
18park, or playground. The offender may also not reside within
19500 feet of a facility providing services directed exclusively
20toward persons under 18 years of age unless the sex offender
21meets specified exemptions. The registration information must
22include whether the person is a sex offender as defined in the
23Sex Offender Community Notification Law. Within 3 days, the
24registering law enforcement agency shall forward any required

 

 

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1information to the Department of State Police. The registering
2law enforcement agency shall enter the information into the Law
3Enforcement Agencies Data System (LEADS) as provided in
4Sections 6 and 7 of the Intergovernmental Missing Child
5Recovery Act of 1984.
6    (b) DNA submission. Every person registering as a sex
7offender _pursuant to this Act, regardless of the date of
8conviction or the date of initial registration who is required
9to submit specimens of blood, saliva, or tissue for DNA
10analysis as required by subsection (a) of Section 5-4-3 of the
11Unified Code of Corrections shall submit the specimens as
12required by that Section. Registered sex offenders who have
13previously submitted a DNA specimen which has been uploaded to
14the Illinois DNA database shall not be required to submit an
15additional specimen pursuant to this Section.
16(Source: P.A. 93-979, eff. 8-20-04; 94-166, eff. 1-1-06;
1794-945, eff. 6-27-06.)
 
18    Section 97. Severability. The provisions of this Act are
19severable under Section 1.31 of the Statute on Statutes.".