[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Senate Amendment 001 ] |
92_SB1838
LRB9215785JMmg
1 AN ACT concerning the Department of State Police.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Department of State Police Law of the
5 Civil Administrative Code of Illinois is amended by changing
6 Sections 2605-25, 2605-30, 2605-35, 2605-40, 2605-45,
7 2605-50, 2605-220, and 2605-250 as follows:
8 (20 ILCS 2605/2605-25) (was 20 ILCS 2605/55a-1)
9 Sec. 2605-25. Department organization divisions. The
10 Department shall be organized as prescribed by the Director.
11 The Director shall assign and delegate the powers and duties
12 of the Department to any division, command, bureau, or other
13 Department entity, as may be necessary, in a manner that
14 reflects the efficient and effective use of available
15 resources to administer the provisions of this Law or to
16 fulfill any other statutory responsibility of the Department.
17 The Department is divided into the Illinois State Police
18 Academy and 4 divisions: the Division of Operations, the
19 Division of Forensic Services, the Division of
20 Administration, and the Division of Internal Investigation.
21 (Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00;
22 91-760, eff. 1-1-01.)
23 (20 ILCS 2605/2605-30) (was 20 ILCS 2605/55a-2)
24 Sec. 2605-30. Operational functions Division of
25 Operations (formerly State Troopers). The Department Division
26 of Operations shall exercise the operational following
27 functions and those in this Section and Section 2605-35:
28 (1) Cooperate with federal and State authorities
29 requesting utilization of the Department's radio network
30 system under the Illinois Aeronautics Act.
-2- LRB9215785JMmg
1 (2) Exercise the rights, powers, and duties of the
2 State Police under the State Police Act.
3 (3) Exercise the rights, powers, and duties vested
4 by law in the Department by the State Police Radio Act.
5 (4) Exercise the rights, powers, and duties of the
6 Department vested by law in the Department and the
7 Illinois State Police by the Illinois Vehicle Code.
8 (5) Exercise other duties that have been or may be
9 vested by law in the Illinois State Police.
10 (6) Exercise other duties that may be assigned by
11 the Director in order to fulfill the responsibilities and
12 to achieve the purposes of the Department.
13 (Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
14 (20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
15 Sec. 2605-35. Additional operational functions Division
16 of Operations (formerly Criminal Investigation).
17 (a) The Department Division of Operations shall exercise
18 the operational following functions and those in this Section
19 and Section 2605-30:
20 (1) Exercise the rights, powers, and duties vested
21 by law in the Department by the Illinois Horse Racing Act
22 of 1975.
23 (2) Investigate the origins, activities, personnel,
24 and incidents of crime and enforce the criminal laws of
25 this State related thereto.
26 (3) Enforce all laws regulating the production,
27 sale, prescribing, manufacturing, administering,
28 transporting, having in possession, dispensing,
29 delivering, distributing, or use of controlled substances
30 and cannabis.
31 (4) Cooperate with the police of cities, villages,
32 and incorporated towns and with the police officers of
33 any county in enforcing the laws of the State and in
-3- LRB9215785JMmg
1 making arrests and recovering property.
2 (5) Apprehend and deliver up any person charged in
3 this State or any other state with treason or a felony or
4 other crime who has fled from justice and is found in
5 this State.
6 (6) Investigate recipients and providers under the
7 Illinois Public Aid Code and any personnel involved in
8 the administration of the Code who are suspected of any
9 violation of the Code pertaining to fraud in the
10 administration, receipt, or provision of assistance and
11 pertaining to any violation of criminal law; and exercise
12 the functions required under Section 2605-220 in the
13 conduct of those investigations.
14 (7) Conduct other investigations as provided by law.
15 (8) Exercise the powers and perform the duties that
16 have been vested in the Department by the Sex Offender
17 Registration Act and the Sex Offender and Child Murderer
18 Community Notification Law; and promulgate reasonable
19 rules and regulations necessitated thereby.
20 (9) Exercise other duties that may be assigned by
21 the Director in order to fulfill the responsibilities and
22 achieve the purposes of the Department.
23 (b) There is hereby established in the Department
24 Division of Operations the Office of Coordination of Gang
25 Prevention, hereafter referred to as the Office.
26 The Office shall consult with units of local government
27 and school districts to assist them in gang control
28 activities and to administer a system of grants to units of
29 local government and school districts that, upon application,
30 have demonstrated a workable plan to reduce gang activity in
31 their area. The grants shall not include reimbursement for
32 personnel, nor shall they exceed 75% of the total request by
33 any applicant. The grants may be calculated on a
34 proportional basis, determined by funds available to the
-4- LRB9215785JMmg
1 Department for this purpose. The Department has the
2 authority to promulgate appropriate rules and regulations to
3 administer this program.
4 The Office shall establish mobile units of trained
5 personnel to respond to gang activities.
6 The Office shall also consult with and use the services
7 of religious leaders and other celebrities to assist in gang
8 control activities.
9 The Office may sponsor seminars, conferences, or any
10 other educational activity to assist communities in their
11 gang crime control activities.
12 (Source: P.A. 90-193, eff. 7-24-97; 91-239, eff. 1-1-00;
13 91-760, eff. 1-1-01.)
14 (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
15 Sec. 2605-40. Forensic service functions Division of
16 Forensic Services. The Department Division of Forensic
17 Services shall exercise the following forensic service
18 functions:
19 (1) Exercise the rights, powers, and duties vested
20 by law in the Department by the Criminal Identification
21 Act.
22 (2) Exercise the rights, powers, and duties vested
23 by law in the Department by Section 2605-300 of this Law.
24 (3) Provide assistance to local law enforcement
25 agencies through training, management, and consultant
26 services.
27 (4) (Blank).
28 (5) Exercise other duties that may be assigned by
29 the Director in order to fulfill the responsibilities and
30 achieve the purposes of the Department.
31 (6) Establish and operate a forensic science
32 laboratory system, including a forensic toxicological
33 laboratory service, for the purpose of testing specimens
-5- LRB9215785JMmg
1 submitted by coroners and other law enforcement officers
2 in their efforts to determine whether alcohol, drugs, or
3 poisonous or other toxic substances have been involved in
4 deaths, accidents, or illness. Forensic toxicological
5 laboratories shall be established in Springfield,
6 Chicago, and elsewhere in the State as needed.
7 (7) Subject to specific appropriations made for
8 these purposes, establish and coordinate a system for
9 providing accurate and expedited forensic science and
10 other investigative and laboratory services to local law
11 enforcement agencies and local State's Attorneys in aid
12 of the investigation and trial of capital cases.
13 (Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00;
14 91-589, eff. 1-1-00; 91-760, eff. 1-1-01.)
15 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
16 Sec. 2605-45. Administrative functions Division of
17 Administration. The Department Division of Administration
18 shall exercise the following administrative functions:
19 (1) Exercise the rights, powers, and duties vested
20 in the Department by the Bureau of the Budget Act.
21 (2) Pursue research and the publication of studies
22 pertaining to local law enforcement activities.
23 (3) Exercise the rights, powers, and duties vested
24 in the Department by the Personnel Code.
25 (4) Operate an electronic data processing and
26 computer center for the storage and retrieval of data
27 pertaining to criminal activity.
28 (5) Exercise the rights, powers, and duties vested
29 in the former Division of State Troopers by Section 17 of
30 the State Police Act.
31 (6) Exercise the rights, powers, and duties vested
32 in the Department by "An Act relating to internal
33 auditing in State government", approved August 11, 1967
-6- LRB9215785JMmg
1 (repealed; now the Fiscal Control and Internal Auditing
2 Act, 30 ILCS 10/).
3 (6.5) Exercise the rights, powers, and duties
4 vested in the Department by the Firearm Owners
5 Identification Card Act.
6 (7) Exercise other duties that may be assigned by
7 the Director to fulfill the responsibilities and achieve
8 the purposes of the Department.
9 (Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
10 (20 ILCS 2605/2605-50) (was 20 ILCS 2605/55a-6)
11 Sec. 2605-50. Internal investigation functions Division
12 of Internal Investigation. The Department Division of
13 Internal Investigation shall initiate internal departmental
14 investigations and, at the direction of the Governor,
15 investigate complaints and initiate investigations of
16 official misconduct by State officers and State employees
17 under the jurisdiction of the Governor.
18 (Source: P.A. 91-239, eff. 1-1-00.)
19 (20 ILCS 2605/2605-220) (was 20 ILCS 2605/55a-7)
20 Sec. 2605-220. Public aid fraud investigations. The
21 Department, through the Division of Operations, shall
22 investigate recipients and providers under the Illinois
23 Public Aid Code and any personnel involved in the
24 administration of the Code who are suspected of any
25 violations of the Code pertaining to fraud in the
26 administration, receipt, or provision of assistance and
27 pertaining to any violation of criminal law. The Department
28 shall, in addition to functions otherwise authorized by State
29 and federal law, exercise the following functions:
30 (1) Initiate investigations of suspected cases of
31 public aid fraud.
32 (2) Investigate cases of public aid fraud.
-7- LRB9215785JMmg
1 (Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
2 (20 ILCS 2605/2605-250) (was 20 ILCS 2605/55a in part)
3 Sec. 2605-250. Obtaining evidence. To expend the sums
4 the Director deems necessary from contractual services
5 appropriations for the Department Division of Operations for
6 the purchase of evidence and for the employment of persons to
7 obtain evidence. The sums shall be advanced to agents
8 authorized by the Director to expend funds, on vouchers
9 signed by the Director.
10 (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
11 90-372, eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff.
12 7-30-98; 90-793, eff. 8-14-98; 91-239, eff. 1-1-00; 91-760,
13 eff. 1-1-01.)
14 Section 10. The State Police Act is amended by changing
15 Section 8 as follows:
16 (20 ILCS 2610/8) (from Ch. 121, par. 307.8)
17 Sec. 8. The Board shall exercise jurisdiction over the
18 certification for appointment and promotion, and over the
19 discipline, removal, demotion and suspension of Department of
20 State Police officers. Pursuant to recognized merit
21 principles of public employment, the Board shall formulate,
22 adopt, and put into effect rules, regulations and procedures
23 for its operation and the transaction of its business. The
24 Board shall establish a classification of ranks of persons
25 subject to its jurisdiction and shall set standards and
26 qualifications for each rank. Each Department of State Police
27 officer appointed by the Director shall be classified as a
28 State Police officer as follows: trooper, sergeant, master
29 sergeant, lieutenant, or captain, or major, or as a Special
30 Agent, Special Agent Sergeant, Special Agent Master Sergeant,
31 Special Agent Lieutenant, or Special Agent Captain or Special
-8- LRB9215785JMmg
1 Agent Major.
2 (Source: P.A. 84-25.)
3 Section 15. The State Finance Act is amended by changing
4 Section 8.3 as follows:
5 (30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
6 Sec. 8.3. Money in the Road Fund shall, if and when the
7 State of Illinois incurs any bonded indebtedness for the
8 construction of permanent highways, be set aside and used for
9 the purpose of paying and discharging annually the principal
10 and interest on that bonded indebtedness then due and
11 payable, and for no other purpose. The surplus, if any, in
12 the Road Fund after the payment of principal and interest on
13 that bonded indebtedness then annually due shall be used as
14 follows:
15 first -- to pay the cost of administration of
16 Chapters 2 through 10 of the Illinois Vehicle Code,
17 except the cost of administration of Articles I and II of
18 Chapter 3 of that Code; and
19 secondly -- for expenses of the Department of
20 Transportation for construction, reconstruction,
21 improvement, repair, maintenance, operation, and
22 administration of highways in accordance with the
23 provisions of laws relating thereto, or for any purpose
24 related or incident to and connected therewith, including
25 the separation of grades of those highways with railroads
26 and with highways and including the payment of awards
27 made by the Industrial Commission under the terms of the
28 Workers' Compensation Act or Workers' Occupational
29 Diseases Act for injury or death of an employee of the
30 Division of Highways in the Department of Transportation;
31 or for the acquisition of land and the erection of
32 buildings for highway purposes, including the acquisition
-9- LRB9215785JMmg
1 of highway right-of-way or for investigations to
2 determine the reasonably anticipated future highway
3 needs; or for making of surveys, plans, specifications
4 and estimates for and in the construction and maintenance
5 of flight strips and of highways necessary to provide
6 access to military and naval reservations, to defense
7 industries and defense-industry sites, and to the sources
8 of raw materials and for replacing existing highways and
9 highway connections shut off from general public use at
10 military and naval reservations and defense-industry
11 sites, or for the purchase of right-of-way, except that
12 the State shall be reimbursed in full for any expense
13 incurred in building the flight strips; or for the
14 operating and maintaining of highway garages; or for
15 patrolling and policing the public highways and
16 conserving the peace; or for any of those purposes or any
17 other purpose that may be provided by law.
18 Appropriations for any of those purposes are payable from
19 the Road Fund. Appropriations may also be made from the Road
20 Fund for the administrative expenses of any State agency that
21 are related to motor vehicles or arise from the use of motor
22 vehicles.
23 Beginning with fiscal year 1980 and thereafter, no Road
24 Fund monies shall be appropriated to the following
25 Departments or agencies of State government for
26 administration, grants, or operations; but this limitation is
27 not a restriction upon appropriating for those purposes any
28 Road Fund monies that are eligible for federal reimbursement;
29 1. Department of Public Health;
30 2. Department of Transportation, only with respect
31 to subsidies for one-half fare Student Transportation and
32 Reduced Fare for Elderly;
33 3. Department of Central Management Services,
34 except for expenditures incurred for group insurance
-10- LRB9215785JMmg
1 premiums of appropriate personnel;
2 4. Judicial Systems and Agencies.
3 Beginning with fiscal year 1981 and thereafter, no Road
4 Fund monies shall be appropriated to the following
5 Departments or agencies of State government for
6 administration, grants, or operations; but this limitation is
7 not a restriction upon appropriating for those purposes any
8 Road Fund monies that are eligible for federal reimbursement:
9 1. Department of State Police, except for
10 expenditures with respect to its operational functions
11 the Division of Operations;
12 2. Department of Transportation, only with respect
13 to Intercity Rail Subsidies and Rail Freight Services.
14 Beginning with fiscal year 1982 and thereafter, no Road
15 Fund monies shall be appropriated to the following
16 Departments or agencies of State government for
17 administration, grants, or operations; but this limitation is
18 not a restriction upon appropriating for those purposes any
19 Road Fund monies that are eligible for federal reimbursement:
20 Department of Central Management Services, except for awards
21 made by the Industrial Commission under the terms of the
22 Workers' Compensation Act or Workers' Occupational Diseases
23 Act for injury or death of an employee of the Division of
24 Highways in the Department of Transportation.
25 Beginning with fiscal year 1984 and thereafter, no Road
26 Fund monies shall be appropriated to the following
27 Departments or agencies of State government for
28 administration, grants, or operations; but this limitation is
29 not a restriction upon appropriating for those purposes any
30 Road Fund monies that are eligible for federal reimbursement:
31 1. Department of State Police, except not more than
32 40% of the funds appropriated for its operational
33 functions the Division of Operations;
34 2. State Officers.
-11- LRB9215785JMmg
1 Beginning with fiscal year 1984 and thereafter, no Road
2 Fund monies shall be appropriated to any Department or agency
3 of State government for administration, grants, or operations
4 except as provided hereafter; but this limitation is not a
5 restriction upon appropriating for those purposes any Road
6 Fund monies that are eligible for federal reimbursement. It
7 shall not be lawful to circumvent the above appropriation
8 limitations by governmental reorganization or other methods.
9 Appropriations shall be made from the Road Fund only in
10 accordance with the provisions of this Section.
11 Money in the Road Fund shall, if and when the State of
12 Illinois incurs any bonded indebtedness for the construction
13 of permanent highways, be set aside and used for the purpose
14 of paying and discharging during each fiscal year the
15 principal and interest on that bonded indebtedness as it
16 becomes due and payable as provided in the Transportation
17 Bond Act, and for no other purpose. The surplus, if any, in
18 the Road Fund after the payment of principal and interest on
19 that bonded indebtedness then annually due shall be used as
20 follows:
21 first -- to pay the cost of administration of
22 Chapters 2 through 10 of the Illinois Vehicle Code; and
23 secondly -- no Road Fund monies derived from fees,
24 excises, or license taxes relating to registration,
25 operation and use of vehicles on public highways or to
26 fuels used for the propulsion of those vehicles, shall be
27 appropriated or expended other than for costs of
28 administering the laws imposing those fees, excises, and
29 license taxes, statutory refunds and adjustments allowed
30 thereunder, administrative costs of the Department of
31 Transportation, payment of debts and liabilities incurred
32 in construction and reconstruction of public highways and
33 bridges, acquisition of rights-of-way for and the cost of
34 construction, reconstruction, maintenance, repair, and
-12- LRB9215785JMmg
1 operation of public highways and bridges under the
2 direction and supervision of the State, political
3 subdivision, or municipality collecting those monies, and
4 the costs for patrolling and policing the public highways
5 (by State, political subdivision, or municipality
6 collecting that money) for enforcement of traffic laws.
7 The separation of grades of such highways with railroads
8 and costs associated with protection of at-grade highway
9 and railroad crossing shall also be permissible.
10 Appropriations for any of such purposes are payable from
11 the Road Fund or the Grade Crossing Protection Fund as
12 provided in Section 8 of the Motor Fuel Tax Law.
13 Beginning with fiscal year 1991 and thereafter, no Road
14 Fund monies shall be appropriated to the Department of State
15 Police for the purposes of this Section in excess of its
16 total fiscal year 1990 Road Fund appropriations for those
17 purposes unless otherwise provided in Section 5g of this Act.
18 It shall not be lawful to circumvent this limitation on
19 appropriations by governmental reorganization or other
20 methods unless otherwise provided in Section 5g of this Act.
21 In fiscal year 1994, no Road Fund monies shall be
22 appropriated to the Secretary of State for the purposes of
23 this Section in excess of the total fiscal year 1991 Road
24 Fund appropriations to the Secretary of State for those
25 purposes, plus $9,800,000. It shall not be lawful to
26 circumvent this limitation on appropriations by governmental
27 reorganization or other method.
28 Beginning with fiscal year 1995 and thereafter, no Road
29 Fund monies shall be appropriated to the Secretary of State
30 for the purposes of this Section in excess of the total
31 fiscal year 1994 Road Fund appropriations to the Secretary of
32 State for those purposes. It shall not be lawful to
33 circumvent this limitation on appropriations by governmental
34 reorganization or other methods.
-13- LRB9215785JMmg
1 Beginning with fiscal year 2000, total Road Fund
2 appropriations to the Secretary of State for the purposes of
3 this Section shall not exceed the amounts specified for the
4 following fiscal years:
5 Fiscal Year 2000 $80,500,000;
6 Fiscal Year 2001 $80,500,000;
7 Fiscal Year 2002 $80,500,000;
8 Fiscal Year 2003 $80,500,000;
9 Fiscal Year 2004 and
10 each year thereafter $30,500,000.
11 It shall not be lawful to circumvent this limitation on
12 appropriations by governmental reorganization or other
13 methods.
14 No new program may be initiated in fiscal year 1991 and
15 thereafter that is not consistent with the limitations
16 imposed by this Section for fiscal year 1984 and thereafter,
17 insofar as appropriation of Road Fund monies is concerned.
18 Nothing in this Section prohibits transfers from the Road
19 Fund to the State Construction Account Fund under Section 5e
20 of this Act.
21 (Source: P.A. 91-37, eff. 7-1-99; 91-760, eff. 1-1-01.)
22 Section 20. The Code of Criminal Procedure of 1963 is
23 amended by changing Section 115-15 as follows:
24 (725 ILCS 5/115-15)
25 Sec. 115-15. Laboratory reports.
26 (a) In any criminal prosecution for a violation of
27 either the Cannabis Control Act or the Illinois Controlled
28 Substances Act, a laboratory report from the Department of
29 State Police, Division of Forensic Services, that is signed
30 and sworn to by the person performing an analysis and that
31 states (1) that the substance that is the basis of the
32 alleged violation has been weighed and analyzed, and (2) the
-14- LRB9215785JMmg
1 person's findings as to the contents, weight and identity of
2 the substance, and (3) that it contains any amount of a
3 controlled substance or cannabis is prima facie evidence of
4 the contents, identity and weight of the substance. Attached
5 to the report shall be a copy of a notarized statement by the
6 signer of the report giving the name of the signer and
7 stating (i) that he or she is an employee of the Department
8 of State Police, Division of Forensic Services, (ii) the name
9 and location of the laboratory where the analysis was
10 performed, (iii) that performing the analysis is a part of
11 his or her regular duties, and (iv) that the signer is
12 qualified by education, training and experience to perform
13 the analysis. The signer shall also allege that
14 scientifically accepted tests were performed with due caution
15 and that the evidence was handled in accordance with
16 established and accepted procedures while in the custody of
17 the laboratory.
18 (a-5) In any criminal prosecution for reckless homicide
19 under Section 9-3 of the Criminal Code of 1961 or driving
20 under the influence of alcohol, other drug, or combination of
21 both, in violation of Section 11-501 of the Illinois Vehicle
22 Code or in any civil action held under a statutory summary
23 suspension hearing under Section 2-118.1 of the Illinois
24 Vehicle Code, a laboratory report from the Department of
25 State Police, Division of Forensic Services, that is signed
26 and sworn to by the person performing an analysis, and that
27 states that the sample of blood or urine was tested for
28 alcohol or drugs, and contains the person's findings as to
29 the presence and amount of alcohol or drugs and type of drug
30 is prima facie evidence of the presence, content, and amount
31 of the alcohol or drugs analyzed in the blood or urine.
32 Attached to the report must be a copy of a notarized
33 statement by the signer of the report giving the name of the
34 signer and stating (1) that he or she is an employee of the
-15- LRB9215785JMmg
1 Department of State Police, Division of Forensic Services,
2 (2) the name and location of the laboratory where the
3 analysis was performed, (3) that performing the analysis is a
4 part of his or her regular duties, (4) that the signer is
5 qualified by education, training, and experience to perform
6 the analysis, and (5) that scientifically accepted tests were
7 performed with due caution and that the evidence was handled
8 in accordance with established and accepted procedures while
9 in the custody of the laboratory.
10 (b) The State's Attorney shall serve a copy of the
11 report on the attorney of record for the accused, or on the
12 accused if he or she has no attorney, before any proceeding
13 in which the report is to be used against the accused other
14 than at a preliminary hearing or grand jury hearing when the
15 report may be used without having been previously served upon
16 the accused.
17 (c) The report shall not be prima facie evidence if the
18 accused or his or her attorney demands the testimony of the
19 person signing the report by serving the demand upon the
20 State's Attorney within 7 days from the accused or his or her
21 attorney's receipt of the report.
22 (Source: P.A. 90-130, eff. 1-1-98; 91-563, eff. 1-1-00.)
23 Section 25. The Unified Code of Corrections is amended
24 by changing Section 5-4-3 as follows:
25 (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
26 Sec. 5-4-3. Persons convicted of, or found delinquent
27 for, qualifying offenses or institutionalized as sexually
28 dangerous; blood specimens; genetic marker groups.
29 (a) Any person convicted of, found guilty under the
30 Juvenile Court Act of 1987 for, or who received a disposition
31 of court supervision for, a qualifying offense or attempt of
32 a qualifying offense, or institutionalized as a sexually
-16- LRB9215785JMmg
1 dangerous person under the Sexually Dangerous Persons Act, or
2 committed as a sexually violent person under the Sexually
3 Violent Persons Commitment Act shall, regardless of the
4 sentence or disposition imposed, be required to submit
5 specimens of blood to the Illinois Department of State Police
6 in accordance with the provisions of this Section, provided
7 such person is:
8 (1) convicted of a qualifying offense or attempt of
9 a qualifying offense on or after the effective date of
10 this amendatory Act of 1989, and sentenced to a term of
11 imprisonment, periodic imprisonment, fine, probation,
12 conditional discharge or any other form of sentence, or
13 given a disposition of court supervision for the offense,
14 or
15 (1.5) found guilty or given supervision under the
16 Juvenile Court Act of 1987 for a qualifying offense or
17 attempt of a qualifying offense on or after the effective
18 date of this amendatory Act of 1996, or
19 (2) ordered institutionalized as a sexually
20 dangerous person on or after the effective date of this
21 amendatory Act of 1989, or
22 (3) convicted of a qualifying offense or attempt of
23 a qualifying offense before the effective date of this
24 amendatory Act of 1989 and is presently confined as a
25 result of such conviction in any State correctional
26 facility or county jail or is presently serving a
27 sentence of probation, conditional discharge or periodic
28 imprisonment as a result of such conviction, or
29 (4) presently institutionalized as a sexually
30 dangerous person or presently institutionalized as a
31 person found guilty but mentally ill of a sexual offense
32 or attempt to commit a sexual offense; or
33 (4.5) ordered committed as a sexually violent
34 person on or after the effective date of the Sexually
-17- LRB9215785JMmg
1 Violent Persons Commitment Act; or
2 (5) seeking transfer to or residency in Illinois
3 under Sections 3-3-11 through 3-3-11.5 of the Unified
4 Code of Corrections (Interstate Compact for the
5 Supervision of Parolees and Probationers) or the
6 Interstate Agreements on Sexually Dangerous Persons Act.
7 (a-5) Any person who was otherwise convicted of or
8 received a disposition of court supervision for any other
9 offense under the Criminal Code of 1961 or any offense
10 classified as a felony under Illinois law or who was found
11 guilty or given supervision for such a violation under the
12 Juvenile Court Act of 1987, may, regardless of the sentence
13 imposed, be required by an order of the court to submit
14 specimens of blood to the Illinois Department of State Police
15 in accordance with the provisions of this Section.
16 (b) Any person required by paragraphs (a)(1), (a)(1.5),
17 (a)(2), and (a-5) to provide specimens of blood shall provide
18 specimens of blood within 45 days after sentencing or
19 disposition at a collection site designated by the Illinois
20 Department of State Police.
21 (c) Any person required by paragraphs (a)(3), (a)(4),
22 and (a)(4.5) to provide specimens of blood shall be required
23 to provide such samples prior to final discharge, parole, or
24 release at a collection site designated by the Illinois
25 Department of State Police.
26 (c-5) Any person required by paragraph (a)(5) to provide
27 specimens of blood shall, where feasible, be required to
28 provide the specimens before being accepted for conditioned
29 residency in Illinois under the interstate compact or
30 agreement, but no later than 45 days after arrival in this
31 State.
32 (d) The Illinois Department of State Police shall
33 provide all equipment and instructions necessary for the
34 collection of blood samples. The collection of samples shall
-18- LRB9215785JMmg
1 be performed in a medically approved manner. Only a
2 physician authorized to practice medicine, a registered nurse
3 or other qualified person trained in venipuncture may
4 withdraw blood for the purposes of this Act. The samples
5 shall thereafter be forwarded to the Illinois Department of
6 State Police, Division of Forensic Services, for analysis and
7 categorizing into genetic marker groupings.
8 (e) The genetic marker groupings shall be maintained by
9 the Illinois Department of State Police, Division of Forensic
10 Services.
11 (f) The genetic marker grouping analysis information
12 obtained pursuant to this Act shall be confidential and shall
13 be released only to peace officers of the United States, of
14 other states or territories, of the insular possessions of
15 the United States, of foreign countries duly authorized to
16 receive the same, to all peace officers of the State of
17 Illinois and to all prosecutorial agencies. Notwithstanding
18 any other statutory provision to the contrary, all
19 information obtained under this Section shall be maintained
20 in a single State data base, which may be uploaded into a
21 national database, and may not be subject to expungement.
22 (g) For the purposes of this Section, "qualifying
23 offense" means any of the following:
24 (1) Any violation or inchoate violation of Section
25 11-6, 11-9.1, 11-11, 11-15.1, 11-17.1, 11-18.1, 11-19.1,
26 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, or
27 12-33 of the Criminal Code of 1961, or
28 (1.1) Any violation or inchoate violation of
29 Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
30 18-3, 18-4, 19-1, or 19-2 of the Criminal Code of 1961
31 for which persons are convicted on or after July 1, 2001,
32 or
33 (2) Any former statute of this State which defined
34 a felony sexual offense, or
-19- LRB9215785JMmg
1 (3) Any violation of paragraph (10) of subsection
2 (b) of Section 10-5 of the Criminal Code of 1961 when the
3 sentencing court, upon a motion by the State's Attorney
4 or Attorney General, makes a finding that the child
5 luring involved an intent to commit sexual penetration or
6 sexual conduct as defined in Section 12-12 of the
7 Criminal Code of 1961, or
8 (4) Any violation or inchoate violation of Section
9 9-3.1, 11-9.3, 12-3.3, 12-4.2, 12-4.3, 12-7.3, 12-7.4,
10 18-5, 19-3, 20-1.1, or 20.5-5 of the Criminal Code of
11 1961.
12 (g-5) The Department of State Police is not required to
13 provide equipment to collect or to accept or process blood
14 specimens from individuals convicted of any offense listed in
15 paragraph (1.1) or (4) of subsection (g), until acquisition
16 of the resources necessary to process such blood specimens,
17 or in the case of paragraph (1.1) of subsection (g) until
18 July 1, 2003, whichever is earlier.
19 Upon acquisition of necessary resources, including an
20 appropriation for the purpose of implementing this amendatory
21 Act of the 91st General Assembly, but in the case of
22 paragraph (1.1) of subsection (g) no later than July 1, 2003,
23 the Department of State Police shall notify the Department of
24 Corrections, the Administrative Office of the Illinois
25 Courts, and any other entity deemed appropriate by the
26 Department of State Police, to begin blood specimen
27 collection from individuals convicted of offenses enumerated
28 in paragraphs (1.1) and (4) of subsection (g) that the
29 Department is prepared to provide collection equipment and
30 receive and process blood specimens from individuals
31 convicted of offenses enumerated in paragraph (1.1) of
32 subsection (g).
33 Until the Department of State Police provides
34 notification, designated collection agencies are not required
-20- LRB9215785JMmg
1 to collect blood specimen from individuals convicted of
2 offenses enumerated in paragraphs (1.1) and (4) of subsection
3 (g).
4 (h) The Illinois Department of State Police shall be the
5 State central repository for all genetic marker grouping
6 analysis information obtained pursuant to this Act. The
7 Illinois Department of State Police may promulgate rules for
8 the form and manner of the collection of blood samples and
9 other procedures for the operation of this Act. The
10 provisions of the Administrative Review Law shall apply to
11 all actions taken under the rules so promulgated.
12 (i) A person required to provide a blood specimen shall
13 cooperate with the collection of the specimen and any
14 deliberate act by that person intended to impede, delay or
15 stop the collection of the blood specimen is a Class A
16 misdemeanor.
17 (j) Any person required by subsection (a) to submit
18 specimens of blood to the Illinois Department of State Police
19 for analysis and categorization into genetic marker grouping,
20 in addition to any other disposition, penalty, or fine
21 imposed, shall pay an analysis fee of $500. Upon verified
22 petition of the person, the court may suspend payment of all
23 or part of the fee if it finds that the person does not have
24 the ability to pay the fee.
25 (k) All analysis and categorization fees provided for by
26 subsection (j) shall be regulated as follows:
27 (1) The State Offender DNA Identification System
28 Fund is hereby created as a special fund in the State
29 Treasury.
30 (2) All fees shall be collected by the clerk of the
31 court and forwarded to the State Offender DNA
32 Identification System Fund for deposit. The clerk of the
33 circuit court may retain the amount of $10 from each
34 collected analysis fee to offset administrative costs
-21- LRB9215785JMmg
1 incurred in carrying out the clerk's responsibilities
2 under this Section.
3 (3) Fees deposited into the State Offender DNA
4 Identification System Fund shall be used by Illinois
5 State Police crime laboratories as designated by the
6 Director of State Police. These funds shall be in
7 addition to any allocations made pursuant to existing
8 laws and shall be designated for the exclusive use of
9 State crime laboratories. These uses may include, but
10 are not limited to, the following:
11 (A) Costs incurred in providing analysis and
12 genetic marker categorization as required by
13 subsection (d).
14 (B) Costs incurred in maintaining genetic
15 marker groupings as required by subsection (e).
16 (C) Costs incurred in the purchase and
17 maintenance of equipment for use in performing
18 analyses.
19 (D) Costs incurred in continuing research and
20 development of new techniques for analysis and
21 genetic marker categorization.
22 (E) Costs incurred in continuing education,
23 training, and professional development of forensic
24 scientists regularly employed by these laboratories.
25 (l) The failure of a person to provide a specimen, or of
26 any person or agency to collect a specimen, within the 45 day
27 period shall in no way alter the obligation of the person to
28 submit such specimen, or the authority of the Illinois
29 Department of State Police or persons designated by the
30 Department to collect the specimen, or the authority of the
31 Illinois Department of State Police to accept, analyze and
32 maintain the specimen or to maintain or upload results of
33 genetic marker grouping analysis information into a State or
34 national database.
-22- LRB9215785JMmg
1 (Source: P.A. 91-528, eff. 1-1-00; 92-16, eff. 6-28-01;
2 92-40, eff. 6-29-01.)
3 Section 30. The Whistleblower Reward and Protection Act
4 is amended by changing Section 2 as follows:
5 (740 ILCS 175/2) (from Ch. 127, par. 4102)
6 Sec. 2. Definitions. As used in this Act:
7 (a) "State" means the State of Illinois; any agency of
8 State government; and any of the following entities which may
9 elect to adopt the provisions of this Act by ordinance or
10 resolution, a copy of which shall be filed with the Attorney
11 General within 30 days of its adoption: the system of State
12 colleges and universities, any school district, any public
13 community college district, any municipality, municipal
14 corporations, units of local government, and any combination
15 of the above under an intergovernmental agreement that
16 includes provisions for a governing body of the agency
17 created by the agreement.
18 (b) "Guard" means the Illinois National Guard.
19 (c) "Investigation" means any inquiry conducted by any
20 investigator for the purpose of ascertaining whether any
21 person is or has been engaged in any violation of this Act.
22 (d) "Investigator" means a person who is charged by the
23 Department of State Police with the duty of conducting any
24 investigation under this Act, or any officer or employee of
25 the State acting under the direction and supervision of the
26 Department of State Police, through the Division of
27 Operations or the Division of Internal Investigation, in the
28 course of an investigation.
29 (e) "Documentary material" includes the original or any
30 copy of any book, record, report, memorandum, paper,
31 communication, tabulation, chart, or other document, or data
32 compilations stored in or accessible through computer or
-23- LRB9215785JMmg
1 other information retrieval systems, together with
2 instructions and all other materials necessary to use or
3 interpret such data compilations, and any product of
4 discovery.
5 (f) "Custodian" means the custodian, or any deputy
6 custodian, designated by the Attorney General under
7 subsection (i)(1) of Section 6.
8 (g) "Product of discovery" includes:
9 (1) the original or duplicate of any deposition,
10 interrogatory, document, thing, result of the inspection
11 of land or other property, examination, or admission,
12 which is obtained by any method of discovery in any
13 judicial or administrative proceeding of an adversarial
14 nature;
15 (2) any digest, analysis, selection, compilation,
16 or derivation of any item listed in paragraph (1); and
17 (3) any index or other manner of access to any item
18 listed in paragraph (1).
19 (Source: P.A. 91-760, eff. 1-1-01.)
-24- LRB9215785JMmg
1 INDEX
2 Statutes amended in order of appearance
3 20 ILCS 2605/2605-25 was 20 ILCS 2605/55a-1
4 20 ILCS 2605/2605-30 was 20 ILCS 2605/55a-2
5 20 ILCS 2605/2605-35 was 20 ILCS 2605/55a-3
6 20 ILCS 2605/2605-40 was 20 ILCS 2605/55a-4
7 20 ILCS 2605/2605-45 was 20 ILCS 2605/55a-5
8 20 ILCS 2605/2605-50 was 20 ILCS 2605/55a-6
9 20 ILCS 2605/2605-220 was 20 ILCS 2605/55a-7
10 20 ILCS 2605/2605-250 was 20 ILCS 2605/55a in part
11 20 ILCS 2610/8 from Ch. 121, par. 307.8
12 30 ILCS 105/8.3 from Ch. 127, par. 144.3
13 725 ILCS 5/115-15
14 730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3
15 740 ILCS 175/2 from Ch. 127, par. 4102