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Public Act 91-0528
SB644 Enrolled LRB9104253RCcd
AN ACT to amend the Unified Code of Corrections by
changing Section 5-4-3.
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, qualifying sexual offenses or institutionalized as
sexually dangerous; blood specimens; genetic marker groups.
(a) Any person convicted of, found guilty under the
Juvenile Court Act of 1987 delinquent for, or who received a
disposition of court supervision for, a qualifying sexual
offense or attempt of a qualifying sexual offense, 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 to the Illinois
Department of State Police in accordance with the provisions
of this Section, provided such person is:
(1) convicted of a qualifying sexual offense or
attempt of a qualifying sexual offense on or after 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 delinquent
under the Juvenile Court Act of 1987 for a qualifying
sexual offense or attempt of a qualifying sexual offense
on or after the effective date of this amendatory Act of
1996, or
(2) ordered institutionalized as a sexually
dangerous person on or after the effective date of this
amendatory Act of 1989, or
(3) convicted of a qualifying sexual offense or
attempt of a qualifying sexual offense before 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
(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 through 3-3-11.5 of the Unified
Code of Corrections (Interstate Compact for the
Supervision of Parolees and Probationers) or the
Interstate Agreements on Sexually Dangerous Persons Act.
(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 any offense
classified as a felony under Illinois law 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 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),
and (a)(2), and (a-5) to provide specimens of blood shall
provide specimens of blood 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), and
(a)(4), and (a)(4.5) to provide specimens of blood 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 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.
(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 approved by
the Illinois Department of Public Health 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.
(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. 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 may not be subject to expungement.
(g) For the purposes of this Section, "qualifying sexual
offense" means any of the following:
(1) Any violation or inchoate violation of Section
Sections 11-6, 11-9.1, 11-11, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15,
12-16, or 12-33 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
committed on or after July 1, 2001, or
(2) Any former statute of this State which defined
a felony sexual offense, or
(3) Any violation of paragraph (10) of subsection
(b) of Section 10-5 of the Criminal Code of 1961 when the
sentencing court, upon a motion by the State's Attorney
or Attorney General, makes a finding that the child
luring involved an intent to commit sexual penetration or
sexual conduct as defined in Section 12-12 of the
Criminal Code of 1961.
(g-5) The Department of State Police is not required to
accept or process blood specimens from individuals convicted
of any offense listed in paragraph (1.1) of subsection (g),
until acquisition of the resources necessary to process such
blood specimens, or until July 1, 2003, whichever is earlier.
Upon acquisition of necessary resources, including an
appropriation for the purpose of implementing this amendatory
Act of the 91st General Assembly, but no later than July 1,
2003, the Department of State Police shall notify the
Department of Corrections, the Administrative Office of the
Illinois Courts, and any other entity deemed appropriate by
the Department of State Police, that the Department is
prepared to receive and process blood specimens from
individuals convicted of offenses enumerated in paragraph
(1.1) of subsection (g).
(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 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) A person required to provide a blood 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 specimen is a Class A
misdemeanor.
(j) Any person required by subsection (a) to submit
specimens of blood 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 $500. Upon verified
petition of the person, the court may suspend payment of all
or part of the fee if it finds that the person does not have
the ability to pay the fee.
(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.
(1) 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.
(Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 12-13-95;
89-462, eff. 5-29-96; 89-550, eff. 1-1-97; 90-124, eff.
1-1-98; 90-130, eff. 1-1-98; 90-655, eff. 7-30-98, 90-793,
eff. 8-14-98.)
Section 99. Effective date. This Act takes effect on
January 1, 2000.
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