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| [ Introduced ] | [ Senate Amendment 001 ] |
92_SB1838eng SB1838 Engrossed 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 organizationdivisions. 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. 17The Department is divided into the Illinois State Police18Academy and 4 divisions: the Division of Operations, the19Division of Forensic Services, the Division of20Administration, 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 functionsDivision of25Operations (formerly State Troopers). The DepartmentDivision26of Operationsshall exercise the operationalfollowing27 functionsand thosein 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. SB1838 Engrossed -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 functionsDivision16of Operations (formerly Criminal Investigation). 17 (a) The DepartmentDivision of Operationsshall exercise 18 the operationalfollowingfunctionsand thosein 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 SB1838 Engrossed -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 24Division of Operationsthe 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 SB1838 Engrossed -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 functionsDivision of16Forensic Services. The DepartmentDivision of Forensic17Servicesshall 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 SB1838 Engrossed -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 functionsDivision of17Administration. The DepartmentDivision of Administration18 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 SB1838 Engrossed -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 functionsDivision12of Internal Investigation. The DepartmentDivision of13Internal Investigationshall 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. SB1838 Engrossed -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 DepartmentDivision of Operationsfor 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 Special30Agent, Special Agent Sergeant, Special Agent Master Sergeant,31Special Agent Lieutenant, Special Agent Captain or SpecialSB1838 Engrossed -8- LRB9215785JMmg 1Agent Major. The Director may use other additional 2 designations for State Police officers to reflect special 3 duties or training. Any individual having been promoted to 4 the rank of major prior to the effective date of this 5 amendatory Act of the 92nd General Assembly shall retain the 6 rank of major until retirement, separation from service, or 7 otherwise provided by a personnel action governed by the 8 Department of State Police Merit Board. 9 (Source: P.A. 84-25.) 10 Section 15. The State Finance Act is amended by changing 11 Section 8.3 as follows: 12 (30 ILCS 105/8.3) (from Ch. 127, par. 144.3) 13 Sec. 8.3. Money in the Road Fund shall, if and when the 14 State of Illinois incurs any bonded indebtedness for the 15 construction of permanent highways, be set aside and used for 16 the purpose of paying and discharging annually the principal 17 and interest on that bonded indebtedness then due and 18 payable, and for no other purpose. The surplus, if any, in 19 the Road Fund after the payment of principal and interest on 20 that bonded indebtedness then annually due shall be used as 21 follows: 22 first -- to pay the cost of administration of 23 Chapters 2 through 10 of the Illinois Vehicle Code, 24 except the cost of administration of Articles I and II of 25 Chapter 3 of that Code; and 26 secondly -- for expenses of the Department of 27 Transportation for construction, reconstruction, 28 improvement, repair, maintenance, operation, and 29 administration of highways in accordance with the 30 provisions of laws relating thereto, or for any purpose 31 related or incident to and connected therewith, including 32 the separation of grades of those highways with railroads SB1838 Engrossed -9- LRB9215785JMmg 1 and with highways and including the payment of awards 2 made by the Industrial Commission under the terms of the 3 Workers' Compensation Act or Workers' Occupational 4 Diseases Act for injury or death of an employee of the 5 Division of Highways in the Department of Transportation; 6 or for the acquisition of land and the erection of 7 buildings for highway purposes, including the acquisition 8 of highway right-of-way or for investigations to 9 determine the reasonably anticipated future highway 10 needs; or for making of surveys, plans, specifications 11 and estimates for and in the construction and maintenance 12 of flight strips and of highways necessary to provide 13 access to military and naval reservations, to defense 14 industries and defense-industry sites, and to the sources 15 of raw materials and for replacing existing highways and 16 highway connections shut off from general public use at 17 military and naval reservations and defense-industry 18 sites, or for the purchase of right-of-way, except that 19 the State shall be reimbursed in full for any expense 20 incurred in building the flight strips; or for the 21 operating and maintaining of highway garages; or for 22 patrolling and policing the public highways and 23 conserving the peace; or for any of those purposes or any 24 other purpose that may be provided by law. 25 Appropriations for any of those purposes are payable from 26 the Road Fund. Appropriations may also be made from the Road 27 Fund for the administrative expenses of any State agency that 28 are related to motor vehicles or arise from the use of motor 29 vehicles. 30 Beginning with fiscal year 1980 and thereafter, no Road 31 Fund monies shall be appropriated to the following 32 Departments or agencies of State government for 33 administration, grants, or operations; but this limitation is 34 not a restriction upon appropriating for those purposes any SB1838 Engrossed -10- LRB9215785JMmg 1 Road Fund monies that are eligible for federal reimbursement; 2 1. Department of Public Health; 3 2. Department of Transportation, only with respect 4 to subsidies for one-half fare Student Transportation and 5 Reduced Fare for Elderly; 6 3. Department of Central Management Services, 7 except for expenditures incurred for group insurance 8 premiums of appropriate personnel; 9 4. Judicial Systems and Agencies. 10 Beginning with fiscal year 1981 and thereafter, no Road 11 Fund monies shall be appropriated to the following 12 Departments or agencies of State government for 13 administration, grants, or operations; but this limitation is 14 not a restriction upon appropriating for those purposes any 15 Road Fund monies that are eligible for federal reimbursement: 16 1. Department of State Police, except for 17 expenditures with respect to its operational functions 18the Division of Operations; 19 2. Department of Transportation, only with respect 20 to Intercity Rail Subsidies and Rail Freight Services. 21 Beginning with fiscal year 1982 and thereafter, no Road 22 Fund monies shall be appropriated to the following 23 Departments or agencies of State government for 24 administration, grants, or operations; but this limitation is 25 not a restriction upon appropriating for those purposes any 26 Road Fund monies that are eligible for federal reimbursement: 27 Department of Central Management Services, except for awards 28 made by the Industrial Commission under the terms of the 29 Workers' Compensation Act or Workers' Occupational Diseases 30 Act for injury or death of an employee of the Division of 31 Highways in the Department of Transportation. 32 Beginning with fiscal year 1984 and thereafter, no Road 33 Fund monies shall be appropriated to the following 34 Departments or agencies of State government for SB1838 Engrossed -11- LRB9215785JMmg 1 administration, grants, or operations; but this limitation is 2 not a restriction upon appropriating for those purposes any 3 Road Fund monies that are eligible for federal reimbursement: 4 1. Department of State Police, except not more than 5 40% of the funds appropriated for its operational 6 functionsthe Division of Operations; 7 2. State Officers. 8 Beginning with fiscal year 1984 and thereafter, no Road 9 Fund monies shall be appropriated to any Department or agency 10 of State government for administration, grants, or operations 11 except as provided hereafter; but this limitation is not a 12 restriction upon appropriating for those purposes any Road 13 Fund monies that are eligible for federal reimbursement. It 14 shall not be lawful to circumvent the above appropriation 15 limitations by governmental reorganization or other methods. 16 Appropriations shall be made from the Road Fund only in 17 accordance with the provisions of this Section. 18 Money in the Road Fund shall, if and when the State of 19 Illinois incurs any bonded indebtedness for the construction 20 of permanent highways, be set aside and used for the purpose 21 of paying and discharging during each fiscal year the 22 principal and interest on that bonded indebtedness as it 23 becomes due and payable as provided in the Transportation 24 Bond Act, and for no other purpose. The surplus, if any, in 25 the Road Fund after the payment of principal and interest on 26 that bonded indebtedness then annually due shall be used as 27 follows: 28 first -- to pay the cost of administration of 29 Chapters 2 through 10 of the Illinois Vehicle Code; and 30 secondly -- no Road Fund monies derived from fees, 31 excises, or license taxes relating to registration, 32 operation and use of vehicles on public highways or to 33 fuels used for the propulsion of those vehicles, shall be 34 appropriated or expended other than for costs of SB1838 Engrossed -12- LRB9215785JMmg 1 administering the laws imposing those fees, excises, and 2 license taxes, statutory refunds and adjustments allowed 3 thereunder, administrative costs of the Department of 4 Transportation, payment of debts and liabilities incurred 5 in construction and reconstruction of public highways and 6 bridges, acquisition of rights-of-way for and the cost of 7 construction, reconstruction, maintenance, repair, and 8 operation of public highways and bridges under the 9 direction and supervision of the State, political 10 subdivision, or municipality collecting those monies, and 11 the costs for patrolling and policing the public highways 12 (by State, political subdivision, or municipality 13 collecting that money) for enforcement of traffic laws. 14 The separation of grades of such highways with railroads 15 and costs associated with protection of at-grade highway 16 and railroad crossing shall also be permissible. 17 Appropriations for any of such purposes are payable from 18 the Road Fund or the Grade Crossing Protection Fund as 19 provided in Section 8 of the Motor Fuel Tax Law. 20 Beginning with fiscal year 1991 and thereafter, no Road 21 Fund monies shall be appropriated to the Department of State 22 Police for the purposes of this Section in excess of its 23 total fiscal year 1990 Road Fund appropriations for those 24 purposes unless otherwise provided in Section 5g of this Act. 25 It shall not be lawful to circumvent this limitation on 26 appropriations by governmental reorganization or other 27 methods unless otherwise provided in Section 5g of this Act. 28 In fiscal year 1994, no Road Fund monies shall be 29 appropriated to the Secretary of State for the purposes of 30 this Section in excess of the total fiscal year 1991 Road 31 Fund appropriations to the Secretary of State for those 32 purposes, plus $9,800,000. It shall not be lawful to 33 circumvent this limitation on appropriations by governmental 34 reorganization or other method. SB1838 Engrossed -13- LRB9215785JMmg 1 Beginning with fiscal year 1995 and thereafter, no Road 2 Fund monies shall be appropriated to the Secretary of State 3 for the purposes of this Section in excess of the total 4 fiscal year 1994 Road Fund appropriations to the Secretary of 5 State for those purposes. It shall not be lawful to 6 circumvent this limitation on appropriations by governmental 7 reorganization or other methods. 8 Beginning with fiscal year 2000, total Road Fund 9 appropriations to the Secretary of State for the purposes of 10 this Section shall not exceed the amounts specified for the 11 following fiscal years: 12 Fiscal Year 2000 $80,500,000; 13 Fiscal Year 2001 $80,500,000; 14 Fiscal Year 2002 $80,500,000; 15 Fiscal Year 2003 $80,500,000; 16 Fiscal Year 2004 and 17 each year thereafter $30,500,000. 18 It shall not be lawful to circumvent this limitation on 19 appropriations by governmental reorganization or other 20 methods. 21 No new program may be initiated in fiscal year 1991 and 22 thereafter that is not consistent with the limitations 23 imposed by this Section for fiscal year 1984 and thereafter, 24 insofar as appropriation of Road Fund monies is concerned. 25 Nothing in this Section prohibits transfers from the Road 26 Fund to the State Construction Account Fund under Section 5e 27 of this Act. 28 (Source: P.A. 91-37, eff. 7-1-99; 91-760, eff. 1-1-01.) 29 Section 20. The Code of Criminal Procedure of 1963 is 30 amended by changing Section 115-15 as follows: 31 (725 ILCS 5/115-15) 32 Sec. 115-15. Laboratory reports. SB1838 Engrossed -14- LRB9215785JMmg 1 (a) In any criminal prosecution for a violation of 2 either the Cannabis Control Act or the Illinois Controlled 3 Substances Act, a laboratory report from the Department of 4 State Police, Division of Forensic Services,that is signed 5 and sworn to by the person performing an analysis and that 6 states (1) that the substance that is the basis of the 7 alleged violation has been weighed and analyzed, and (2) the 8 person's findings as to the contents, weight and identity of 9 the substance, and (3) that it contains any amount of a 10 controlled substance or cannabis is prima facie evidence of 11 the contents, identity and weight of the substance. Attached 12 to the report shall be a copy of a notarized statement by the 13 signer of the report giving the name of the signer and 14 stating (i) that he or she is an employee of the Department 15 of State Police, Division of Forensic Services, (ii) the name 16 and location of the laboratory where the analysis was 17 performed, (iii) that performing the analysis is a part of 18 his or her regular duties, and (iv) that the signer is 19 qualified by education, training and experience to perform 20 the analysis. The signer shall also allege that 21 scientifically accepted tests were performed with due caution 22 and that the evidence was handled in accordance with 23 established and accepted procedures while in the custody of 24 the laboratory. 25 (a-5) In any criminal prosecution for reckless homicide 26 under Section 9-3 of the Criminal Code of 1961 or driving 27 under the influence of alcohol, other drug, or combination of 28 both, in violation of Section 11-501 of the Illinois Vehicle 29 Code or in any civil action held under a statutory summary 30 suspension hearing under Section 2-118.1 of the Illinois 31 Vehicle Code, a laboratory report from the Department of 32 State Police, Division of Forensic Services,that is signed 33 and sworn to by the person performing an analysis, and that 34 states that the sample of blood or urine was tested for SB1838 Engrossed -15- LRB9215785JMmg 1 alcohol or drugs, and contains the person's findings as to 2 the presence and amount of alcohol or drugs and type of drug 3 is prima facie evidence of the presence, content, and amount 4 of the alcohol or drugs analyzed in the blood or urine. 5 Attached to the report must be a copy of a notarized 6 statement by the signer of the report giving the name of the 7 signer and stating (1) that he or she is an employee of the 8 Department of State Police, Division of Forensic Services, 9 (2) the name and location of the laboratory where the 10 analysis was performed, (3) that performing the analysis is a 11 part of his or her regular duties, (4) that the signer is 12 qualified by education, training, and experience to perform 13 the analysis, and (5) that scientifically accepted tests were 14 performed with due caution and that the evidence was handled 15 in accordance with established and accepted procedures while 16 in the custody of the laboratory. 17 (b) The State's Attorney shall serve a copy of the 18 report on the attorney of record for the accused, or on the 19 accused if he or she has no attorney, before any proceeding 20 in which the report is to be used against the accused other 21 than at a preliminary hearing or grand jury hearing when the 22 report may be used without having been previously served upon 23 the accused. 24 (c) The report shall not be prima facie evidence if the 25 accused or his or her attorney demands the testimony of the 26 person signing the report by serving the demand upon the 27 State's Attorney within 7 days from the accused or his or her 28 attorney's receipt of the report. 29 (Source: P.A. 90-130, eff. 1-1-98; 91-563, eff. 1-1-00.) 30 Section 25. The Unified Code of Corrections is amended 31 by changing Section 5-4-3 as follows: 32 (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3) SB1838 Engrossed -16- LRB9215785JMmg 1 Sec. 5-4-3. Persons convicted of, or found delinquent 2 for, qualifying offenses or institutionalized as sexually 3 dangerous; blood specimens; genetic marker groups. 4 (a) Any person convicted of, found guilty under the 5 Juvenile Court Act of 1987 for, or who received a disposition 6 of court supervision for, a qualifying offense or attempt of 7 a qualifying offense, or institutionalized as a sexually 8 dangerous person under the Sexually Dangerous Persons Act, or 9 committed as a sexually violent person under the Sexually 10 Violent Persons Commitment Act shall, regardless of the 11 sentence or disposition imposed, be required to submit 12 specimens of blood to the Illinois Department of State Police 13 in accordance with the provisions of this Section, provided 14 such person is: 15 (1) convicted of a qualifying offense or attempt of 16 a qualifying offense on or after the effective date of 17 this amendatory Act of 1989, and sentenced to a term of 18 imprisonment, periodic imprisonment, fine, probation, 19 conditional discharge or any other form of sentence, or 20 given a disposition of court supervision for the offense, 21 or 22 (1.5) found guilty or given supervision under the 23 Juvenile Court Act of 1987 for a qualifying offense or 24 attempt of a qualifying offense on or after the effective 25 date of this amendatory Act of 1996, or 26 (2) ordered institutionalized as a sexually 27 dangerous person on or after the effective date of this 28 amendatory Act of 1989, or 29 (3) convicted of a qualifying offense or attempt of 30 a qualifying offense before the effective date of this 31 amendatory Act of 1989 and is presently confined as a 32 result of such conviction in any State correctional 33 facility or county jail or is presently serving a 34 sentence of probation, conditional discharge or periodic SB1838 Engrossed -17- LRB9215785JMmg 1 imprisonment as a result of such conviction, or 2 (4) presently institutionalized as a sexually 3 dangerous person or presently institutionalized as a 4 person found guilty but mentally ill of a sexual offense 5 or attempt to commit a sexual offense; or 6 (4.5) ordered committed as a sexually violent 7 person on or after the effective date of the Sexually 8 Violent Persons Commitment Act; or 9 (5) seeking transfer to or residency in Illinois 10 under Sections 3-3-11 through 3-3-11.5 of the Unified 11 Code of Corrections (Interstate Compact for the 12 Supervision of Parolees and Probationers) or the 13 Interstate Agreements on Sexually Dangerous Persons Act. 14 (a-5) Any person who was otherwise convicted of or 15 received a disposition of court supervision for any other 16 offense under the Criminal Code of 1961 or any offense 17 classified as a felony under Illinois law or who was found 18 guilty or given supervision for such a violation under the 19 Juvenile Court Act of 1987, may, regardless of the sentence 20 imposed, be required by an order of the court to submit 21 specimens of blood to the Illinois Department of State Police 22 in accordance with the provisions of this Section. 23 (b) Any person required by paragraphs (a)(1), (a)(1.5), 24 (a)(2), and (a-5) to provide specimens of blood shall provide 25 specimens of blood within 45 days after sentencing or 26 disposition at a collection site designated by the Illinois 27 Department of State Police. 28 (c) Any person required by paragraphs (a)(3), (a)(4), 29 and (a)(4.5) to provide specimens of blood shall be required 30 to provide such samples prior to final discharge, parole, or 31 release at a collection site designated by the Illinois 32 Department of State Police. 33 (c-5) Any person required by paragraph (a)(5) to provide 34 specimens of blood shall, where feasible, be required to SB1838 Engrossed -18- LRB9215785JMmg 1 provide the specimens before being accepted for conditioned 2 residency in Illinois under the interstate compact or 3 agreement, but no later than 45 days after arrival in this 4 State. 5 (d) The Illinois Department of State Police shall 6 provide all equipment and instructions necessary for the 7 collection of blood samples. The collection of samples shall 8 be performed in a medically approved manner. Only a 9 physician authorized to practice medicine, a registered nurse 10 or other qualified person trained in venipuncture may 11 withdraw blood for the purposes of this Act. The samples 12 shall thereafter be forwarded to the Illinois Department of 13 State Police, Division of Forensic Services,for analysis and 14 categorizing into genetic marker groupings. 15 (e) The genetic marker groupings shall be maintained by 16 the Illinois Department of State Police, Division of Forensic17Services. 18 (f) The genetic marker grouping analysis information 19 obtained pursuant to this Act shall be confidential and shall 20 be released only to peace officers of the United States, of 21 other states or territories, of the insular possessions of 22 the United States, of foreign countries duly authorized to 23 receive the same, to all peace officers of the State of 24 Illinois and to all prosecutorial agencies. Notwithstanding 25 any other statutory provision to the contrary, all 26 information obtained under this Section shall be maintained 27 in a single State data base, which may be uploaded into a 28 national database, and may not be subject to expungement. 29 (g) For the purposes of this Section, "qualifying 30 offense" means any of the following: 31 (1) Any violation or inchoate violation of Section 32 11-6, 11-9.1, 11-11, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 33 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, or 34 12-33 of the Criminal Code of 1961, or SB1838 Engrossed -19- LRB9215785JMmg 1 (1.1) Any violation or inchoate violation of 2 Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 3 18-3, 18-4, 19-1, or 19-2 of the Criminal Code of 1961 4 for which persons are convicted on or after July 1, 2001, 5 or 6 (2) Any former statute of this State which defined 7 a felony sexual offense, or 8 (3) Any violation of paragraph (10) of subsection 9 (b) of Section 10-5 of the Criminal Code of 1961 when the 10 sentencing court, upon a motion by the State's Attorney 11 or Attorney General, makes a finding that the child 12 luring involved an intent to commit sexual penetration or 13 sexual conduct as defined in Section 12-12 of the 14 Criminal Code of 1961, or 15 (4) Any violation or inchoate violation of Section 16 9-3.1, 11-9.3, 12-3.3, 12-4.2, 12-4.3, 12-7.3, 12-7.4, 17 18-5, 19-3, 20-1.1, or 20.5-5 of the Criminal Code of 18 1961. 19 (g-5) The Department of State Police is not required to 20 provide equipment to collect or to accept or process blood 21 specimens from individuals convicted of any offense listed in 22 paragraph (1.1) or (4) of subsection (g), until acquisition 23 of the resources necessary to process such blood specimens, 24 or in the case of paragraph (1.1) of subsection (g) until 25 July 1, 2003, whichever is earlier. 26 Upon acquisition of necessary resources, including an 27 appropriation for the purpose of implementing this amendatory 28 Act of the 91st General Assembly, but in the case of 29 paragraph (1.1) of subsection (g) no later than July 1, 2003, 30 the Department of State Police shall notify the Department of 31 Corrections, the Administrative Office of the Illinois 32 Courts, and any other entity deemed appropriate by the 33 Department of State Police, to begin blood specimen 34 collection from individuals convicted of offenses enumerated SB1838 Engrossed -20- LRB9215785JMmg 1 in paragraphs (1.1) and (4) of subsection (g) that the 2 Department is prepared to provide collection equipment and 3 receive and process blood specimens from individuals 4 convicted of offenses enumerated in paragraph (1.1) of 5 subsection (g). 6 Until the Department of State Police provides 7 notification, designated collection agencies are not required 8 to collect blood specimen from individuals convicted of 9 offenses enumerated in paragraphs (1.1) and (4) of subsection 10 (g). 11 (h) The Illinois Department of State Police shall be the 12 State central repository for all genetic marker grouping 13 analysis information obtained pursuant to this Act. The 14 Illinois Department of State Police may promulgate rules for 15 the form and manner of the collection of blood samples and 16 other procedures for the operation of this Act. The 17 provisions of the Administrative Review Law shall apply to 18 all actions taken under the rules so promulgated. 19 (i) A person required to provide a blood specimen shall 20 cooperate with the collection of the specimen and any 21 deliberate act by that person intended to impede, delay or 22 stop the collection of the blood specimen is a Class A 23 misdemeanor. 24 (j) Any person required by subsection (a) to submit 25 specimens of blood to the Illinois Department of State Police 26 for analysis and categorization into genetic marker grouping, 27 in addition to any other disposition, penalty, or fine 28 imposed, shall pay an analysis fee of $500. Upon verified 29 petition of the person, the court may suspend payment of all 30 or part of the fee if it finds that the person does not have 31 the ability to pay the fee. 32 (k) All analysis and categorization fees provided for by 33 subsection (j) shall be regulated as follows: 34 (1) The State Offender DNA Identification System SB1838 Engrossed -21- LRB9215785JMmg 1 Fund is hereby created as a special fund in the State 2 Treasury. 3 (2) All fees shall be collected by the clerk of the 4 court and forwarded to the State Offender DNA 5 Identification System Fund for deposit. The clerk of the 6 circuit court may retain the amount of $10 from each 7 collected analysis fee to offset administrative costs 8 incurred in carrying out the clerk's responsibilities 9 under this Section. 10 (3) Fees deposited into the State Offender DNA 11 Identification System Fund shall be used by Illinois 12 State Police crime laboratories as designated by the 13 Director of State Police. These funds shall be in 14 addition to any allocations made pursuant to existing 15 laws and shall be designated for the exclusive use of 16 State crime laboratories. These uses may include, but 17 are not limited to, the following: 18 (A) Costs incurred in providing analysis and 19 genetic marker categorization as required by 20 subsection (d). 21 (B) Costs incurred in maintaining genetic 22 marker groupings as required by subsection (e). 23 (C) Costs incurred in the purchase and 24 maintenance of equipment for use in performing 25 analyses. 26 (D) Costs incurred in continuing research and 27 development of new techniques for analysis and 28 genetic marker categorization. 29 (E) Costs incurred in continuing education, 30 training, and professional development of forensic 31 scientists regularly employed by these laboratories. 32 (l) The failure of a person to provide a specimen, or of 33 any person or agency to collect a specimen, within the 45 day 34 period shall in no way alter the obligation of the person to SB1838 Engrossed -22- LRB9215785JMmg 1 submit such specimen, or the authority of the Illinois 2 Department of State Police or persons designated by the 3 Department to collect the specimen, or the authority of the 4 Illinois Department of State Police to accept, analyze and 5 maintain the specimen or to maintain or upload results of 6 genetic marker grouping analysis information into a State or 7 national database. 8 (Source: P.A. 91-528, eff. 1-1-00; 92-16, eff. 6-28-01; 9 92-40, eff. 6-29-01.) 10 Section 30. The Whistleblower Reward and Protection Act 11 is amended by changing Section 2 as follows: 12 (740 ILCS 175/2) (from Ch. 127, par. 4102) 13 Sec. 2. Definitions. As used in this Act: 14 (a) "State" means the State of Illinois; any agency of 15 State government; and any of the following entities which may 16 elect to adopt the provisions of this Act by ordinance or 17 resolution, a copy of which shall be filed with the Attorney 18 General within 30 days of its adoption: the system of State 19 colleges and universities, any school district, any public 20 community college district, any municipality, municipal 21 corporations, units of local government, and any combination 22 of the above under an intergovernmental agreement that 23 includes provisions for a governing body of the agency 24 created by the agreement. 25 (b) "Guard" means the Illinois National Guard. 26 (c) "Investigation" means any inquiry conducted by any 27 investigator for the purpose of ascertaining whether any 28 person is or has been engaged in any violation of this Act. 29 (d) "Investigator" means a person who is charged by the 30 Department of State Police with the duty of conducting any 31 investigation under this Act, or any officer or employee of 32 the State acting under the direction and supervision of the SB1838 Engrossed -23- LRB9215785JMmg 1 Department of State Police, through the Division of2Operations or the Division of Internal Investigation,in the 3 course of an investigation. 4 (e) "Documentary material" includes the original or any 5 copy of any book, record, report, memorandum, paper, 6 communication, tabulation, chart, or other document, or data 7 compilations stored in or accessible through computer or 8 other information retrieval systems, together with 9 instructions and all other materials necessary to use or 10 interpret such data compilations, and any product of 11 discovery. 12 (f) "Custodian" means the custodian, or any deputy 13 custodian, designated by the Attorney General under 14 subsection (i)(1) of Section 6. 15 (g) "Product of discovery" includes: 16 (1) the original or duplicate of any deposition, 17 interrogatory, document, thing, result of the inspection 18 of land or other property, examination, or admission, 19 which is obtained by any method of discovery in any 20 judicial or administrative proceeding of an adversarial 21 nature; 22 (2) any digest, analysis, selection, compilation, 23 or derivation of any item listed in paragraph (1); and 24 (3) any index or other manner of access to any item 25 listed in paragraph (1). 26 (Source: P.A. 91-760, eff. 1-1-01.) SB1838 Engrossed -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