Public Act 93-0216

SB280 Enrolled                       LRB093 03819 RLC 03854 b

    AN ACT concerning corrections.

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

    Section 5.  The Unified Code of Corrections is amended by
changing Section 5-4-3 as follows:

    (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
    Sec. 5-4-3.  Persons convicted of,  or  found  delinquent
for,   certain  offenses  or  institutionalized  as  sexually
dangerous; specimens; genetic marker groups.
    (a)  Any person convicted  of,  found  guilty  under  the
Juvenile Court Act of 1987 for, or who received a disposition
of  court supervision for, a qualifying offense or attempt of
a qualifying  offense,  convicted  or  found  guilty  of  any
offense  classified  as  a  felony  under Illinois law, found
guilty or given supervision for any offense classified  as  a
felony   under   the   Juvenile   Court   Act   of  1987,  or
institutionalized as a sexually dangerous  person  under  the
Sexually  Dangerous  Persons  Act, or committed as a sexually
violent person under the Sexually Violent Persons  Commitment
Act shall, regardless of the sentence or disposition imposed,
be  required  to submit specimens of blood, saliva, or tissue
to the Illinois Department of State Police in accordance with
the provisions of this Section, provided such person is:
         (1)  convicted of a qualifying offense or attempt of
    a qualifying  offense  on  or  after  July  1,  1990  the
    effective  date  of  this  amendatory  Act  of  1989, and
    sentenced   to   a   term   of   imprisonment,   periodic
    imprisonment, fine, probation, conditional  discharge  or
    any  other  form  of  sentence, or given a disposition of
    court supervision for the offense;, or
         (1.5)  found guilty or given supervision  under  the
    Juvenile  Court  Act  of 1987 for a qualifying offense or
    attempt of a qualifying offense on or  after  January  1,
    1997;  the effective date of this amendatory Act of 1996,
    or
         (2)  ordered   institutionalized   as   a   sexually
    dangerous person on or after July 1, 1990; the  effective
    date of this amendatory Act of 1989, or
         (3)  convicted of a qualifying offense or attempt of
    a  qualifying  offense  before July 1, 1990 the effective
    date of this amendatory Act  of  1989  and  is  presently
    confined  as  a  result  of  such conviction in any State
    correctional facility or  county  jail  or  is  presently
    serving a sentence of probation, conditional discharge or
    periodic imprisonment as a result of such conviction;, or
         (3.5)  convicted  or  found  guilty  of  any offense
    classified as a felony under Illinois law or found guilty
    or given  supervision  for  such  an  offense  under  the
    Juvenile  Court  Act of 1987 on or after August 22, 2002;
    the effective date  of this amendatory Act  of  the  92nd
    General Assembly, or
         (4)  presently   institutionalized   as  a  sexually
    dangerous person  or  presently  institutionalized  as  a
    person  found guilty but mentally ill of a sexual offense
    or attempt to commit a sexual offense; or
         (4.5)  ordered  committed  as  a  sexually   violent
    person  on  or  after  the effective date of the Sexually
    Violent Persons Commitment Act; or
         (5)  seeking transfer to or  residency  in  Illinois
    under  Sections 3-3-11.05 through 3-3-11.5 of the Unified
    Code of Corrections and the Interstate Compact for  Adult
    Offender  Supervision  or  the  Interstate  Agreements on
    Sexually Dangerous Persons Act.
    Notwithstanding other provisions  of  this  Section,  any
person  incarcerated in a facility of the Illinois Department
of Corrections on or after August 22, 2002 the effective date
of this amendatory Act of the 92nd General Assembly shall  be
required  to  submit  a  specimen of blood, saliva, or tissue
prior to his or her final discharge or release on  parole  or
mandatory  supervised  release,  as a condition of his or her
parole or mandatory supervised release.
    (a-5)  Any person  who  was  otherwise  convicted  of  or
received  a  disposition  of  court supervision for any other
offense under the Criminal Code of  1961  or  who  was  found
guilty  or  given  supervision for such a violation under the
Juvenile Court Act of 1987, may, regardless of  the  sentence
imposed,  be  required  by  an  order  of the court to submit
specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
Department of State Police in accordance with the  provisions
of this Section.
    (b)  Any  person required by paragraphs (a)(1), (a)(1.5),
(a)(2), (a)(3.5), and (a-5) to provide  specimens  of  blood,
saliva,  or  tissue shall provide specimens of blood, saliva,
or tissue within 45 days after sentencing or disposition at a
collection site designated  by  the  Illinois  Department  of
State Police.
    (c)  Any  person  required  by paragraphs (a)(3), (a)(4),
and (a)(4.5) to provide specimens of blood, saliva, or tissue
shall be required to provide  such  samples  prior  to  final
discharge, parole, or release at a collection site designated
by the Illinois Department of State Police.
    (c-5)  Any person required by paragraph (a)(5) to provide
specimens  of blood, saliva, or tissue shall, where feasible,
be required to provide the specimens  before  being  accepted
for  conditioned  residency  in Illinois under the interstate
compact or agreement, but no later than 45 days after arrival
in this State.
    (c-6)  The  Illinois  Department  of  State  Police   may
determine which type of specimen or specimens, blood, saliva,
or  tissue,  is  acceptable for submission to the Division of
Forensic Services for analysis.
    (d)  The  Illinois  Department  of  State  Police   shall
provide  all  equipment  and  instructions  necessary for the
collection of blood samples.  The collection of samples shall
be  performed  in  a  medically  approved  manner.   Only   a
physician authorized to practice medicine, a registered nurse
or   other  qualified  person  trained  in  venipuncture  may
withdraw blood for the purposes of  this  Act.   The  samples
shall  thereafter  be forwarded to the Illinois Department of
State Police, Division of Forensic Services, for analysis and
categorizing into genetic marker groupings.
    (d-1)  The Illinois  Department  of  State  Police  shall
provide  all  equipment  and  instructions  necessary for the
collection of  saliva  samples.   The  collection  of  saliva
samples  shall  be  performed in a medically approved manner.
Only a person trained in the instructions promulgated by  the
Illinois State Police on collecting saliva may collect saliva
for   the  purposes  of  this  Section.   The  samples  shall
thereafter be forwarded to the Illinois Department  of  State
Police,  Division  of  Forensic  Services,  for  analysis and
categorizing into genetic marker groupings.
    (d-2)  The Illinois  Department  of  State  Police  shall
provide  all  equipment  and  instructions  necessary for the
collection of  tissue  samples.   The  collection  of  tissue
samples  shall  be  performed in a medically approved manner.
Only a person trained in the instructions promulgated by  the
Illinois State Police on collecting tissue may collect tissue
for   the  purposes  of  this  Section.   The  samples  shall
thereafter be forwarded to the Illinois Department  of  State
Police,  Division  of  Forensic  Services,  for  analysis and
categorizing into genetic marker groupings.
    (d-5)  To  the  extent  that  funds  are  available,  the
Illinois Department  of  State  Police  shall  contract  with
qualified   personnel  and  certified  laboratories  for  the
collection, analysis, and categorization of known samples.
    (d-6)   Agencies designated by the Illinois Department of
State Police and the Illinois Department of State Police  may
contract  with third parties to provide for the collection or
analysis of DNA, or both, of an offender's blood, saliva, and
tissue samples.
    (e)  The genetic marker groupings shall be maintained  by
the Illinois Department of State Police, Division of Forensic
Services.
    (f)  The  genetic  marker  grouping  analysis information
obtained pursuant to this Act shall be confidential and shall
be released only to peace officers of the United  States,  of
other  states  or  territories, of the insular possessions of
the United States, of foreign countries  duly  authorized  to
receive  the  same,  to  all  peace  officers of the State of
Illinois and to all  prosecutorial  agencies.    The  genetic
marker  grouping  analysis  information  obtained pursuant to
this Act shall be used only for  (i)  valid  law  enforcement
identification purposes and as required by the Federal Bureau
of  Investigation  for  participation  in  the  National  DNA
database,  or  (ii)  technology  validation purposes, (iii) a
population statistics database,  or  (iv)  quality  assurance
purposes  if  personally  identifying information is removed.
Notwithstanding  any  other  statutory   provision   to   the
contrary,  all  information obtained under this Section shall
be maintained in a single  State  data  base,  which  may  be
uploaded  into a national database, and which information may
be subject to expungement only as  set  forth  in  subsection
(f-1).
    (f-1)  Upon  receipt  of  notification of a reversal of a
conviction based on actual innocence, or of the granting of a
pardon pursuant to Section 12 of Article V  of  the  Illinois
Constitution,  if  that  pardon  document specifically states
that the reason for the pardon is the actual innocence of  an
individual  whose  DNA record has been stored in the State or
national DNA identification index  in  accordance  with  this
Section  by  the Illinois Department of State Police, the DNA
record shall be expunged from the DNA  identification  index,
and  the  Department  shall  by  rule prescribe procedures to
ensure that the record and any samples,  analyses,  or  other
documents  relating to such record, whether in the possession
of the Department or any law enforcement or police agency, or
any forensic DNA  laboratory,  including  any  duplicates  or
copies  thereof,  are  destroyed  and a letter is sent to the
court verifying the expungement is completed.
    (f-5)  Any person who intentionally uses  genetic  marker
grouping  analysis  information,  or  any  other  information
derived  from  a  DNA  sample,  beyond the authorized uses as
provided under this Section, or any other  Illinois  law,  is
guilty of a Class 4 felony, and shall be subject to a fine of
not less than $5,000.
    (f-6)  The   Illinois  Department  of  State  Police  may
contract with third parties for the purposes of  implementing
this  amendatory  Act of the 93rd General Assembly. Any other
party contracting to carry out the functions of this  Section
shall be subject to the same restrictions and requirements of
this   Section   insofar   as  applicable,  as  the  Illinois
Department  of  State   Police,   and   to   any   additional
restrictions  imposed  by  the  Illinois  Department of State
Police.
    (g)  For  the  purposes  of  this  Section,   "qualifying
offense" means any of the following:
         (1)  any  violation or inchoate violation of Section
    11-6, 11-9.1, 11-11, 11-18.1,  12-15,  or  12-16  of  the
    Criminal Code of 1961;, or
         (1.1)  any   violation   or  inchoate  violation  of
    Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
    18-3, 18-4, 19-1, or 19-2 of the Criminal  Code  of  1961
    for  which  persons  are  convicted  on  or after July 1,
    2001;, or
         (2)  any former statute of this State which  defined
    a felony sexual offense;, or
         (3)  (blank);, or
         (4)  any   inchoate   violation  of  Section  9-3.1,
    11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of  1961;,
    or
         (5)  any  violation or inchoate violation of Article
    29D of the Criminal Code of 1961.
    (g-5)  (Blank).
    (h)  The Illinois Department of State Police shall be the
State central repository  for  all  genetic  marker  grouping
analysis  information  obtained  pursuant  to  this Act.  The
Illinois Department of State Police may promulgate rules  for
the  form  and  manner of the collection of blood, saliva, or
tissue samples and other procedures for the operation of this
Act.  The provisions of the Administrative Review  Law  shall
apply to all actions taken under the rules so promulgated.
    (i)(1)  A  person required to provide a blood, saliva, or
tissue specimen shall cooperate with the  collection  of  the
specimen  and  any  deliberate act by that person intended to
impede, delay or stop the collection of the blood, saliva, or
tissue specimen is a Class A misdemeanor.
    (2)  In the event that  a  person's  DNA  sample  is  not
adequate for any reason, the person shall provide another DNA
sample  for  analysis.  Duly  authorized  law enforcement and
corrections personnel may employ reasonable force in cases in
which an individual refuses to provide a DNA sample  required
under this Act.
    (j)  Any  person  required  by  subsection  (a) to submit
specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
Department of State Police for  analysis  and  categorization
into  genetic  marker  grouping,  in  addition  to  any other
disposition, penalty, or fine imposed, shall pay an  analysis
fee  of $200.  If the analysis fee is not paid at the time of
sentencing, the court shall establish a fee schedule by which
the entire amount of the analysis fee shall be paid in  full,
such  schedule  not  to  exceed  24  months  from the time of
conviction.  The inability to pay this analysis fee shall not
be the sole ground to incarcerate the person.
    (k)  All analysis and categorization fees provided for by
subsection (j) shall be regulated as follows:
         (1)  The State Offender  DNA  Identification  System
    Fund  is  hereby  created  as a special fund in the State
    Treasury.
         (2)  All fees shall be collected by the clerk of the
    court  and  forwarded   to   the   State   Offender   DNA
    Identification System Fund for deposit.  The clerk of the
    circuit  court  may  retain  the  amount of $10 from each
    collected analysis fee  to  offset  administrative  costs
    incurred  in  carrying  out  the clerk's responsibilities
    under this Section.
         (3)  Fees deposited  into  the  State  Offender  DNA
    Identification  System  Fund  shall  be  used by Illinois
    State Police crime  laboratories  as  designated  by  the
    Director  of  State  Police.   These  funds  shall  be in
    addition to any allocations  made  pursuant  to  existing
    laws  and  shall  be  designated for the exclusive use of
    State crime laboratories.  These uses  may  include,  but
    are not limited to, the following:
              (A)  Costs  incurred  in providing analysis and
         genetic  marker  categorization   as   required   by
         subsection (d).
              (B)  Costs   incurred  in  maintaining  genetic
         marker groupings as required by subsection (e).
              (C)  Costs  incurred  in   the   purchase   and
         maintenance  of  equipment  for  use  in  performing
         analyses.
              (D)  Costs  incurred in continuing research and
         development  of  new  techniques  for  analysis  and
         genetic marker categorization.
              (E)  Costs incurred  in  continuing  education,
         training,  and  professional development of forensic
         scientists regularly employed by these laboratories.
    (l)  The failure of a person to provide a specimen, or of
any person or agency to collect a specimen, within the 45 day
period shall in no way alter the obligation of the person  to
submit  such  specimen,  or  the  authority  of  the Illinois
Department of State  Police  or  persons  designated  by  the
Department  to  collect the specimen, or the authority of the
Illinois Department of State Police to  accept,  analyze  and
maintain  the  specimen  or  to maintain or upload results of
genetic marker grouping analysis information into a State  or
national database.
    (m)  If  any provision of this amendatory Act of the 93rd
General  Assembly  is  held  unconstitutional  or   otherwise
invalid,  the  remainder  of  this amendatory Act of the 93rd
General Assembly is not affected.
(Source: P.A.  91-528,  eff.  1-1-00;  92-16,  eff.  6-28-01;
92-40, eff.  6-29-01;  92-571,  eff.  6-26-02;  92-600,  eff.
6-28-02;  92-829, eff. 8-22-02; 92-854, eff. 12-5-02; revised
1-20-03.)