Illinois General Assembly - Full Text of SB2339
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Full Text of SB2339  100th General Assembly

SB2339sam001 100TH GENERAL ASSEMBLY

Sen. Scott M. Bennett

Filed: 4/20/2018

 

 


 

 


 
10000SB2339sam001LRB100 17959 RLC 39027 a

1
AMENDMENT TO SENATE BILL 2339

2    AMENDMENT NO. ______. Amend Senate Bill 2339 by replacing
3everything after the enacting clause with the following:
 
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; genetic marker groups.
8    (a) Any person convicted of, found guilty under the
9Juvenile Court Act of 1987 for, or who received a disposition
10of court supervision for, a qualifying offense or attempt of a
11qualifying offense, convicted or found guilty of any offense
12classified as a felony under Illinois law, convicted or found
13guilty of any offense requiring registration under the Sex
14Offender Registration Act, found guilty or given supervision
15for any offense classified as a felony under the Juvenile Court
16Act of 1987, convicted or found guilty of, under the Juvenile

 

 

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

 

 

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1    periodic imprisonment as a result of such conviction;
2        (3.5) convicted or found guilty of any offense
3    classified as a felony under Illinois law or found guilty
4    or given supervision for such an offense under the Juvenile
5    Court Act of 1987 on or after August 22, 2002;
6        (4) presently institutionalized as a sexually
7    dangerous person or presently institutionalized as a
8    person found guilty but mentally ill of a sexual offense or
9    attempt to commit a sexual offense; or
10        (4.5) ordered committed as a sexually violent person on
11    or after the effective date of the Sexually Violent Persons
12    Commitment Act.
13    (a-1) Any person incarcerated in a facility of the Illinois
14Department of Corrections or the Illinois Department of
15Juvenile Justice on or after August 22, 2002, whether for a
16term of years, natural life, or a sentence of death, who has
17not yet submitted a specimen of blood, saliva, or tissue shall
18be required to submit a specimen of blood, saliva, or tissue
19prior to his or her final discharge, or release on parole,
20aftercare release, or mandatory supervised release, as a
21condition of his or her parole, aftercare release, or mandatory
22supervised release, or within 6 months from August 13, 2009
23(the effective date of Public Act 96-426), whichever is sooner.
24A person incarcerated on or after August 13, 2009 (the
25effective date of Public Act 96-426) shall be required to
26submit a specimen within 45 days of incarceration, or prior to

 

 

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1his or her final discharge, or release on parole, aftercare
2release, or mandatory supervised release, as a condition of his
3or her parole, aftercare release, or mandatory supervised
4release, whichever is sooner. These specimens shall be placed
5into the State or national DNA database, to be used in
6accordance with other provisions of this Section, by the
7Illinois State Police.
8    (a-2) 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 no later than
22June 30, 2019 upon request at a collection site designated by
23the Illinois Department of State 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 January 1, 2012 (the effective date of
12Public Act 97-383), any person arrested for any of the
13following offenses, after an indictment has been returned by a
14grand jury, or following a hearing pursuant to Section 109-3 of
15the Code of Criminal Procedure of 1963 and a judge finds there
16is probable cause to believe the arrestee has committed one of
17the designated offenses, or an arrestee has waived a
18preliminary hearing shall be required to provide a specimen of
19blood, saliva, or tissue within 14 days after such indictment
20or hearing at a collection site designated by the Illinois
21Department 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-4) On or after January 1, 2019, any person arrested for
9an offense classified as a felony under Illinois law, or for an
10offense that would require sex offender registration, shall be
11required to provide a saliva specimen as part of the jail
12booking or intake identification process, or as soon as
13administratively practicable thereafter, but, in any case,
14prior to release on bail or pending trial or any physical
15release from confinement or custody.
16    If the person subject to this subsection (a-4) did not have
17specimens taken during booking or intake identification
18process or is released on bail or pending trial or is not
19confined or incarcerated at the time of sentencing or otherwise
20bypasses a prison inmate reception center maintained by the
21Department of Corrections, the court shall order the person to
22report within 5 calendar days to a county jail facility or to a
23municipal, State, local, private, or other designated facility
24to provide the required specimens.
25    (a-5) Any person who was otherwise convicted of or received
26a disposition of court supervision for any other offense under

 

 

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1the Criminal Code of 1961 or the Criminal Code of 2012 or who
2was found guilty or given supervision for such a violation
3under the Juvenile Court Act of 1987, may, regardless of the
4sentence imposed, be required by an order of the court to
5submit specimens of blood, saliva, or tissue to the Illinois
6Department of State Police in accordance with the provisions of
7this Section.
8    (b) Any person required by paragraphs (a)(1), (a)(1.5),
9(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
10saliva, or tissue shall provide specimens of blood, saliva, or
11tissue within 45 days after sentencing or disposition at a
12collection site designated by the Illinois Department of State
13Police.
14    (c) Any person required by paragraphs (a)(3), (a)(4), and
15(a)(4.5) to provide specimens of blood, saliva, or tissue shall
16be required to provide such specimens prior to final discharge
17or within 6 months from August 13, 2009 (the effective date of
18Public Act 96-426), whichever is sooner. These specimens shall
19be placed into the State or national DNA database, to be used
20in accordance with other provisions of this Act, by the
21Illinois State Police.
22    (c-5) Any person required by paragraph (a-3) to provide
23specimens of blood, saliva, or tissue shall, where feasible, be
24required to provide the specimens before being accepted for
25conditioned residency in Illinois under the interstate compact
26or agreement, but no later than 45 days after arrival in this

 

 

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1State.
2    (c-5.2) Unless it is determined that a registered sex
3offender has previously submitted a specimen of blood, saliva,
4or tissue that has been placed into the State DNA database, a
5person registering as a sex offender shall be required to
6submit a specimen at the time of his or her initial
7registration pursuant to the Sex Offender Registration Act or,
8for a person registered as a sex offender on or prior to
9January 1, 2012 (the effective date of Public Act 97-383),
10within one year of January 1, 2012 (the effective date of
11Public Act 97-383) or at the time of his or her next required
12registration.
13    (c-6) The Illinois Department of State Police may determine
14which type of specimen or specimens, blood, saliva, or tissue,
15is acceptable for submission to the Division of Forensic
16Services for analysis. The Illinois Department of State Police
17may require the submission of fingerprints from anyone required
18to give a specimen under this Act.
19    (d) The Illinois Department of State Police shall provide
20all equipment and instructions necessary for the collection of
21blood specimens. The collection of specimens shall be performed
22in a medically approved manner. Only a physician authorized to
23practice medicine, a registered nurse or other qualified person
24trained in venipuncture may withdraw blood for the purposes of
25this Act. The specimens shall thereafter be forwarded to the
26Illinois Department of State Police, Division of Forensic

 

 

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

 

 

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1provided in subsection (n) of this Section.
2    (d-6) Agencies designated by the Illinois Department of
3State Police and the Illinois Department of State Police may
4contract with third parties to provide for the collection or
5analysis of DNA, or both, of an offender's blood, saliva, and
6tissue specimens, except as provided in subsection (n) of this
7Section.
8    (e) The genetic marker groupings shall be maintained by the
9Illinois Department of State Police, Division of Forensic
10Services.
11    (f) The genetic marker grouping analysis information
12obtained pursuant to this Act shall be confidential and shall
13be released only to peace officers of the United States, of
14other states or territories, of the insular possessions of the
15United States, of foreign countries duly authorized to receive
16the same, to all peace officers of the State of Illinois and to
17all prosecutorial agencies, and to defense counsel as provided
18by Section 116-5 of the Code of Criminal Procedure of 1963. The
19genetic marker grouping analysis information obtained pursuant
20to this Act shall be used only for (i) valid law enforcement
21identification purposes and as required by the Federal Bureau
22of Investigation for participation in the National DNA
23database, (ii) technology validation purposes, (iii) a
24population statistics database, (iv) quality assurance
25purposes if personally identifying information is removed, (v)
26assisting in the defense of the criminally accused pursuant to

 

 

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1Section 116-5 of the Code of Criminal Procedure of 1963, or
2(vi) identifying and assisting in the prosecution of a person
3who is suspected of committing a sexual assault as defined in
4Section 1a of the Sexual Assault Survivors Emergency Treatment
5Act. Notwithstanding any other statutory provision to the
6contrary, all information obtained under this Section shall be
7maintained in a single State data base, which may be uploaded
8into a national database, and which information may be subject
9to expungement only as set forth in subsection (f-1).
10    (f-1) Upon receipt of notification of a reversal of a
11conviction based on actual innocence, or of the granting of a
12pardon pursuant to Section 12 of Article V of the Illinois
13Constitution, if that pardon document specifically states that
14the reason for the pardon is the actual innocence of an
15individual whose DNA record has been stored in the State or
16national DNA identification index in accordance with this
17Section by the Illinois Department of State Police, the DNA
18record shall be expunged from the DNA identification index, and
19the Department shall by rule prescribe procedures to ensure
20that the record and any specimens, analyses, or other documents
21relating to such record, whether in the possession of the
22Department or any law enforcement or police agency, or any
23forensic DNA laboratory, including any duplicates or copies
24thereof, are destroyed and a letter is sent to the court
25verifying the expungement is completed. For specimens required
26to be collected prior to conviction, unless the individual has

 

 

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1other charges or convictions that require submission of a
2specimen, the DNA record for an individual shall be expunged
3from the DNA identification databases and the specimen
4destroyed upon receipt of a certified copy of a final court
5order for each charge against an individual in which the charge
6has been dismissed, resulted in acquittal, or that the charge
7was not filed within the applicable time period. The Department
8shall by rule prescribe procedures to ensure that the record
9and any specimens in the possession or control of the
10Department are destroyed and a letter is sent to the court
11verifying the expungement is completed.
12    (f-5) Any person who intentionally uses genetic marker
13grouping analysis information, or any other information
14derived from a DNA specimen, beyond the authorized uses as
15provided under this Section, or any other Illinois law, is
16guilty of a Class 4 felony, and shall be subject to a fine of
17not less than $5,000.
18    (f-6) The Illinois Department of State Police may contract
19with third parties for the purposes of implementing this
20amendatory Act of the 93rd General Assembly, except as provided
21in subsection (n) of this Section. Any other party contracting
22to carry out the functions of this Section shall be subject to
23the same restrictions and requirements of this Section insofar
24as applicable, as the Illinois Department of State Police, and
25to any additional restrictions imposed by the Illinois
26Department of State Police.

 

 

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1    (g) For the purposes of this Section, "qualifying offense"
2means any of the following:
3        (1) any violation or inchoate violation of Section
4    11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or
5    12-16 of the Criminal Code of 1961 or the Criminal Code of
6    2012;
7        (1.1) any violation or inchoate violation of Section
8    9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
9    18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of
10    1961 or the Criminal Code of 2012 for which persons are
11    convicted on or after July 1, 2001;
12        (2) any former statute of this State which defined a
13    felony sexual offense;
14        (3) (blank);
15        (4) any inchoate violation of Section 9-3.1, 9-3.4,
16    11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or
17    the Criminal Code of 2012; or
18        (5) any violation or inchoate violation of Article 29D
19    of the Criminal Code of 1961 or the Criminal Code of 2012.
20    (g-5) (Blank).
21    (h) The Illinois Department of State Police shall be the
22State central repository for all genetic marker grouping
23analysis information obtained pursuant to this Act. The
24Illinois Department of State Police may promulgate rules for
25the form and manner of the collection of blood, saliva, or
26tissue specimens and other procedures for the operation of this

 

 

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

 

 

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1law, on and after the effective date of this amendatory Act of
2the 100th General Assembly, an additional penalty assessment
3shall be levied at the time of sentencing in an amount of 5% on
4every fine, penalty, and forfeiture imposed and collected by
5the courts for criminal offenses.
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 and each penalty assessment
15    described in subsection (j) to offset administrative costs
16    incurred in carrying out the clerk's responsibilities
17    under this Section.
18        (3) Fees deposited into the State Offender DNA
19    Identification System Fund shall be used by Illinois State
20    Police crime laboratories as designated by the Director of
21    State Police. These funds shall be in addition to any
22    allocations made pursuant to existing laws and shall be
23    designated for the exclusive use of State crime
24    laboratories. These uses may include, but are not limited
25    to, the following:
26            (A) Costs incurred in providing analysis and

 

 

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1        genetic marker categorization as required by
2        subsection (d).
3            (B) Costs incurred in maintaining genetic marker
4        groupings as required by subsection (e).
5            (C) Costs incurred in the purchase and maintenance
6        of equipment for use in performing analyses.
7            (D) Costs incurred in continuing research and
8        development of new techniques for analysis and genetic
9        marker categorization.
10            (E) Costs incurred in continuing education,
11        training, and professional development of forensic
12        scientists regularly employed by these laboratories.
13    (l) The failure of a person to provide a specimen, or of
14any person or agency to collect a specimen, shall in no way
15alter the obligation of the person to submit such specimen, or
16the authority of the Illinois Department of State Police or
17persons designated by the Department to collect the specimen,
18or the authority of the Illinois Department of State Police to
19accept, analyze and maintain the specimen or to maintain or
20upload results of genetic marker grouping analysis information
21into a State or national 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 the
9Criminal Code of 2012 or for matters adjudicated under the
10Juvenile Court Act of 1987, and includes the use of forensic
11databases and databanks, including DNA, firearm, and
12fingerprint databases, and expert testimony.
13    (o) Mistake does not invalidate a database match. The
14detention, arrest, or conviction of a person based upon a
15database match or database information is not invalidated if it
16is determined that the specimen was obtained or placed in the
17database by mistake.
18    (p) This Section may be referred to as the Illinois DNA
19Database Law of 2011.
20(Source: P.A. 97-383, eff. 1-1-12; 97-1109, eff. 1-1-13;
2197-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)".