State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Senate Amendment 004 ][ Senate Amendment 005 ]


92_HB3717eng

 
HB3717 Engrossed                              LRB9211582RCsbA

 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section   5.   The Unified Code of Corrections is amended
 5    by changing 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.  Persons convicted of,  or  found  delinquent
 8    for,  certain  qualifying  offenses  or  institutionalized as
 9    sexually dangerous; blood specimens; genetic marker groups.
10        (a)  Any person convicted  of,  found  guilty  under  the
11    Juvenile Court Act of 1987 for, or who received a disposition
12    of  court supervision for, a qualifying offense or attempt of
13    a qualifying  offense,  convicted  or  found  guilty  of  any
14    offense  classified  as  a  felony  under Illinois law, found
15    guilty or given supervision for any offense classified  as  a
16    felony   under   the   Juvenile   Court   Act   of  1987,  or
17    institutionalized as a sexually dangerous  person  under  the
18    Sexually  Dangerous  Persons  Act, or committed as a sexually
19    violent person under the Sexually Violent Persons  Commitment
20    Act shall, regardless of the sentence or disposition imposed,
21    be  required  to submit specimens of blood, saliva, or tissue
22    to the Illinois Department of State Police in accordance with
23    the provisions of this Section, provided such person is:
24             (1)  convicted of a qualifying offense or attempt of
25        a qualifying offense on or after the  effective  date  of
26        this  amendatory  Act of 1989, and sentenced to a term of
27        imprisonment,  periodic  imprisonment,  fine,  probation,
28        conditional discharge or any other form of  sentence,  or
29        given a disposition of court supervision for the offense,
30        or
31             (1.5)  found  guilty  or given supervision under the
 
HB3717 Engrossed            -2-               LRB9211582RCsbA
 1        Juvenile Court Act of 1987 for a  qualifying  offense  or
 2        attempt of a qualifying offense on or after the effective
 3        date of this amendatory Act of 1996, or
 4             (2)  ordered   institutionalized   as   a   sexually
 5        dangerous  person  on or after the effective date of this
 6        amendatory Act of 1989, or
 7             (3)  convicted of a qualifying offense or attempt of
 8        a qualifying offense before the effective  date  of  this
 9        amendatory  Act  of  1989  and is presently confined as a
10        result of  such  conviction  in  any  State  correctional
11        facility  or  county  jail  or  is  presently  serving  a
12        sentence  of probation, conditional discharge or periodic
13        imprisonment as a result of such conviction, or
14             (3.5)  convicted or  found  guilty  of  any  offense
15        classified as a felony under Illinois law or found guilty
16        or  given  supervision  for  such  an  offense  under the
17        Juvenile Court Act of 1987, or
18             (4)  presently  institutionalized  as   a   sexually
19        dangerous  person  or  presently  institutionalized  as a
20        person found guilty but mentally ill of a sexual  offense
21        or attempt to commit a sexual offense; or
22             (4.5)  ordered   committed  as  a  sexually  violent
23        person on or after the effective  date  of  the  Sexually
24        Violent Persons Commitment Act; or
25             (5)  seeking  transfer  to  or residency in Illinois
26        under Sections 3-3-11 through  3-3-11.5  of  the  Unified
27        Code   of   Corrections   (Interstate   Compact  for  the
28        Supervision  of  Parolees  and   Probationers)   or   the
29        Interstate Agreements on Sexually Dangerous Persons Act.
30        Notwithstanding  other  provisions  of  this Section, any
31    person incarcerated in a facility of the Illinois  Department
32    of  Corrections  on  or  after  the  effective  date  of this
33    amendatory Act of the 92nd General Assembly shall be required
34    to submit a specimen of blood, saliva, or tissue prior to his
 
HB3717 Engrossed            -3-               LRB9211582RCsbA
 1    or her release on parole or mandatory supervised release,  as
 2    a  condition  of  his  or  her parole or mandatory supervised
 3    release.
 4        (a-5)  Any person  who  was  otherwise  convicted  of  or
 5    received  a  disposition  of  court supervision for any other
 6    offense under the  Criminal  Code  of  1961  or  any  offense
 7    classified  as  a  felony under Illinois law or who was found
 8    guilty or given supervision for such a  violation  under  the
 9    Juvenile  Court  Act of 1987, may, regardless of the sentence
10    imposed, be required by an  order  of  the  court  to  submit
11    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
12    Department  of State Police in accordance with the provisions
13    of this Section.
14        (b)  Any person required by paragraphs (a)(1),  (a)(1.5),
15    (a)(2),  (a)(3.5),  and  (a-5) to provide specimens of blood,
16    saliva, or tissue shall provide specimens of  blood,  saliva,
17    or tissue within 45 days after sentencing or disposition at a
18    collection  site  designated  by  the  Illinois Department of
19    State Police.
20        (c)  Any person required by  paragraphs  (a)(3),  (a)(4),
21    and (a)(4.5) to provide specimens of blood, saliva, or tissue
22    shall  be  required  to  provide  such samples prior to final
23    discharge, parole, or release at a collection site designated
24    by the Illinois Department of State Police.
25        (c-5)  Any person required by paragraph (a)(5) to provide
26    specimens of blood, saliva, or tissue shall, where  feasible,
27    be  required  to  provide the specimens before being accepted
28    for conditioned residency in Illinois  under  the  interstate
29    compact or agreement, but no later than 45 days after arrival
30    in this State.
31        (c-6)  The   Illinois  Department  of  State  Police  may
32    determine which type of specimen or specimens, blood, saliva,
33    or tissue, is acceptable for submission to  the  Division  of
34    Forensic Services for analysis.
 
HB3717 Engrossed            -4-               LRB9211582RCsbA
 1        (d)  The   Illinois  Department  of  State  Police  shall
 2    provide all equipment  and  instructions  necessary  for  the
 3    collection of blood samples.  The collection of samples shall
 4    be   performed  in  a  medically  approved  manner.   Only  a
 5    physician authorized to practice medicine, a registered nurse
 6    or  other  qualified  person  trained  in  venipuncture   may
 7    withdraw  blood  for  the  purposes of this Act.  The samples
 8    shall thereafter be forwarded to the Illinois  Department  of
 9    State Police, Division of Forensic Services, for analysis and
10    categorizing into genetic marker groupings.
11        (d-1)  The  Illinois  Department  of  State  Police shall
12    provide all equipment  and  instructions  necessary  for  the
13    collection  of  saliva  samples.   The  collection  of saliva
14    samples shall be performed in a  medically  approved  manner.
15    Only  a person trained in the instructions promulgated by the
16    Illinois State Police on collecting saliva may collect saliva
17    for  the  purposes  of  this  Section.    The  samples  shall
18    thereafter be forwarded to the Illinois Department  of  State
19    Police,  Division  of  Forensic  Services,  for  analysis and
20    categorizing into genetic marker groupings.
21        (d-2)  The Illinois  Department  of  State  Police  shall
22    provide  all  equipment  and  instructions  necessary for the
23    collection of  tissue  samples.   The  collection  of  tissue
24    samples  shall  be  performed in a medically approved manner.
25    Only a person trained in the instructions promulgated by  the
26    Illinois State Police on collecting tissue may collect tissue
27    for   the  purposes  of  this  Section.   The  samples  shall
28    thereafter be forwarded to the Illinois Department  of  State
29    Police,  Division  of  Forensic  Services,  for  analysis and
30    categorizing into genetic marker groupings.
31        (e)  The genetic marker groupings shall be maintained  by
32    the Illinois Department of State Police, Division of Forensic
33    Services.
34        (f)  The  genetic  marker  grouping  analysis information
 
HB3717 Engrossed            -5-               LRB9211582RCsbA
 1    obtained pursuant to this Act shall be confidential and shall
 2    be released only to peace officers of the United  States,  of
 3    other  states  or  territories, of the insular possessions of
 4    the United States, of foreign countries  duly  authorized  to
 5    receive  the  same,  to  all  peace  officers of the State of
 6    Illinois and to all prosecutorial agencies.   Notwithstanding
 7    any   other   statutory   provision   to  the  contrary,  all
 8    information obtained under this Section shall  be  maintained
 9    in  a  single  State  data base, which may be uploaded into a
10    national database, and may not be subject to expungement.
11        (g)  For  the  purposes  of  this  Section,   "qualifying
12    offense" means any of the following:
13             (1)  Any  violation or inchoate violation of Section
14        11-6, 11-9.1, 11-11, 11-15.1, 11-17.1, 11-18.1,  11-19.1,
15        11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, or
16        12-33 of the Criminal Code of 1961, or
17             (1.1)  Any   violation   or  inchoate  violation  of
18        Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
19        18-3, 18-4, 19-1, or 19-2 of the Criminal  Code  of  1961
20        for which persons are convicted on or after July 1, 2001,
21        or
22             (2)  Any  former statute of this State which defined
23        a felony sexual offense, or
24             (3)  Any violation of paragraph (10)  of  subsection
25        (b) of Section 10-5 of the Criminal Code of 1961 when the
26        sentencing  court,  upon a motion by the State's Attorney
27        or Attorney General,  makes  a  finding  that  the  child
28        luring involved an intent to commit sexual penetration or
29        sexual  conduct  as  defined  in  Section  12-12  of  the
30        Criminal Code of 1961, or
31             (4)  Any  violation or inchoate violation of Section
32        9-3.1, 11-9.3, 12-3.3, 12-4.2,  12-4.3,  12-7.3,  12-7.4,
33        18-5,  19-3,  20-1.1,  or  20.5-5 of the Criminal Code of
34        1961.
 
HB3717 Engrossed            -6-               LRB9211582RCsbA
 1        (g-5)  The Department of State Police is not required  to
 2    provide  equipment  to collect or to accept or process blood,
 3    saliva, or tissue specimens from individuals convicted of any
 4    offense listed in paragraph (1.1) or (4) of  subsection  (g),
 5    until  acquisition of the resources necessary to process such
 6    blood, saliva,  or  tissue  specimens,  or  in  the  case  of
 7    paragraph  (1.1)  of  subsection  (g)  until  July  1,  2003,
 8    whichever is earlier.
 9        Upon  acquisition  of  necessary  resources, including an
10    appropriation for the purpose of implementing this amendatory
11    Act of  the  91st  General  Assembly,  but  in  the  case  of
12    paragraph (1.1) of subsection (g) no later than July 1, 2003,
13    the Department of State Police shall notify the Department of
14    Corrections,   the  Administrative  Office  of  the  Illinois
15    Courts, and  any  other  entity  deemed  appropriate  by  the
16    Department   of   State   Police,  to  begin  blood  specimen
17    collection from individuals convicted of offenses  enumerated
18    in  paragraphs  (1.1)  and  (4)  of  subsection  (g) that the
19    Department is prepared to provide  collection  equipment  and
20    receive  and  process blood, saliva, or tissue specimens from
21    individuals convicted of  offenses  enumerated  in  paragraph
22    (1.1) of subsection (g).
23        Until   the   Department   of   State   Police   provides
24    notification, designated collection agencies are not required
25    to  collect  blood  specimen  from  individuals  convicted of
26    offenses enumerated in paragraphs (1.1) and (4) of subsection
27    (g).
28        (h)  The Illinois Department of State Police shall be the
29    State central repository  for  all  genetic  marker  grouping
30    analysis  information  obtained  pursuant  to  this Act.  The
31    Illinois Department of State Police may promulgate rules  for
32    the  form  and  manner of the collection of blood, saliva, or
33    tissue samples and other procedures for the operation of this
34    Act.  The provisions of the Administrative Review  Law  shall
 
HB3717 Engrossed            -7-               LRB9211582RCsbA
 1    apply to all actions taken under the rules so promulgated.
 2        (i)  A  person  required  to  provide a blood, saliva, or
 3    tissue specimen shall cooperate with the  collection  of  the
 4    specimen  and  any  deliberate act by that person intended to
 5    impede, delay or stop the collection of the blood, saliva, or
 6    tissue specimen is a Class A misdemeanor.
 7        (j)  Any person required  by  subsection  (a)  to  submit
 8    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
 9    Department  of  State  Police for analysis and categorization
10    into genetic  marker  grouping,  in  addition  to  any  other
11    disposition,  penalty, or fine imposed, shall pay an analysis
12    fee of $500.  Upon verified petition of the person, the court
13    may suspend payment of all or part of the  fee  if  it  finds
14    that the person does not have the ability to pay the fee.
15        (k)  All analysis and categorization fees provided for by
16    subsection (j) shall be regulated as follows:
17             (1)  The  State  Offender  DNA Identification System
18        Fund is hereby created as a special  fund  in  the  State
19        Treasury.
20             (2)  All fees shall be collected by the clerk of the
21        court   and   forwarded   to   the   State  Offender  DNA
22        Identification System Fund for deposit.  The clerk of the
23        circuit court may retain the  amount  of  $10  from  each
24        collected  analysis  fee  to  offset administrative costs
25        incurred in carrying  out  the  clerk's  responsibilities
26        under this Section.
27             (3)  Fees  deposited  into  the  State  Offender DNA
28        Identification System Fund  shall  be  used  by  Illinois
29        State  Police  crime  laboratories  as  designated by the
30        Director of  State  Police.   These  funds  shall  be  in
31        addition  to  any  allocations  made pursuant to existing
32        laws and shall be designated for  the  exclusive  use  of
33        State  crime  laboratories.   These uses may include, but
34        are not limited to, the following:
 
HB3717 Engrossed            -8-               LRB9211582RCsbA
 1                  (A)  Costs incurred in providing  analysis  and
 2             genetic   marker   categorization   as  required  by
 3             subsection (d).
 4                  (B)  Costs  incurred  in  maintaining   genetic
 5             marker groupings as required by subsection (e).
 6                  (C)  Costs   incurred   in   the  purchase  and
 7             maintenance  of  equipment  for  use  in  performing
 8             analyses.
 9                  (D)  Costs incurred in continuing research  and
10             development  of  new  techniques  for  analysis  and
11             genetic marker categorization.
12                  (E)  Costs  incurred  in  continuing education,
13             training, and professional development  of  forensic
14             scientists regularly employed by these laboratories.
15        (l)  The failure of a person to provide a specimen, or of
16    any person or agency to collect a specimen, within the 45 day
17    period  shall in no way alter the obligation of the person to
18    submit such  specimen,  or  the  authority  of  the  Illinois
19    Department  of  State  Police  or  persons  designated by the
20    Department to collect the specimen, or the authority  of  the
21    Illinois  Department  of  State Police to accept, analyze and
22    maintain the specimen or to maintain  or  upload  results  of
23    genetic  marker grouping analysis information into a State or
24    national database.
25    (Source: P.A.  91-528,  eff.  1-1-00;  92-16,  eff.  6-28-01;
26    92-40, eff. 6-29-01.)

27        Section 99.  Effective date.  This Act takes effect  upon
28    becoming law.

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