103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3352

 

Introduced 2/17/2023, by Rep. John M. Cabello - Patrick Windhorst

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-4-3  from Ch. 38, par. 1005-4-3

    Amends the Unified Code of Corrections. In provisions requiring persons who are arrested for specified offenses to provide specimens of blood, saliva, or tissue, provides that those specimens shall be provided within 14 days after arrest (currently, indictment or preliminary hearing). Adds a forcible felony and felony domestic battery to the list of qualifying offenses.


LRB103 29975 RLC 56394 b

 

 

A BILL FOR

 

HB3352LRB103 29975 RLC 56394 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-4-3 as follows:
 
6    (730 ILCS 5/5-4-3)  (from Ch. 38, par. 1005-4-3)
7    Sec. 5-4-3. Specimens; genetic marker groups.
8    (a) Any person convicted of, found guilty under the
9Juvenile Court Act of 1987 for, or who received a disposition
10of court supervision for, a qualifying offense or attempt of a
11qualifying offense, convicted or found guilty of any offense
12classified as a felony under Illinois law, convicted or found
13guilty of any offense requiring registration under the Sex
14Offender Registration Act, found guilty or given supervision
15for any offense classified as a felony under the Juvenile
16Court Act of 1987, convicted or found guilty of, under the
17Juvenile Court Act of 1987, any offense requiring registration
18under the Sex Offender Registration Act, or institutionalized
19as a sexually dangerous person under the Sexually Dangerous
20Persons Act, or committed as a sexually violent person under
21the Sexually Violent Persons Commitment Act shall, regardless
22of the sentence or disposition imposed, be required to submit
23specimens of blood, saliva, or tissue to the Illinois State

 

 

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1Police in accordance with the provisions of this Section,
2provided such person is:
3        (1) convicted of a qualifying offense or attempt of a
4    qualifying offense on or after July 1, 1990 and sentenced
5    to a term of imprisonment, periodic imprisonment, fine,
6    probation, conditional discharge or any other form of
7    sentence, or given a disposition of court supervision for
8    the offense;
9        (1.5) found guilty or given supervision under the
10    Juvenile Court Act of 1987 for a qualifying offense or
11    attempt of a qualifying offense on or after January 1,
12    1997;
13        (2) ordered institutionalized as a sexually dangerous
14    person on or after July 1, 1990;
15        (3) convicted of a qualifying offense or attempt of a
16    qualifying offense before July 1, 1990 and is presently
17    confined as a result of such conviction in any State
18    correctional facility or county jail or is presently
19    serving a sentence of probation, conditional discharge or
20    periodic imprisonment as a result of such conviction;
21        (3.5) convicted or found guilty of any offense
22    classified as a felony under Illinois law or found guilty
23    or given supervision for such an offense under the
24    Juvenile Court Act of 1987 on or after August 22, 2002;
25        (4) presently institutionalized as a sexually
26    dangerous person or presently institutionalized as a

 

 

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1    person found guilty but mentally ill of a sexual offense
2    or attempt to commit a sexual offense; or
3        (4.5) ordered committed as a sexually violent person
4    on or after the effective date of the Sexually Violent
5    Persons Commitment Act.
6    (a-1) Any person incarcerated in a facility of the
7Illinois Department of Corrections or the Illinois Department
8of Juvenile Justice on or after August 22, 2002, whether for a
9term of years, natural life, or a sentence of death, who has
10not yet submitted a specimen of blood, saliva, or tissue shall
11be required to submit a specimen of blood, saliva, or tissue
12prior to his or her final discharge, or release on parole,
13aftercare release, or mandatory supervised release, as a
14condition of his or her parole, aftercare release, or
15mandatory supervised release, or within 6 months from August
1613, 2009 (the effective date of Public Act 96-426), whichever
17is sooner. A person incarcerated on or after August 13, 2009
18(the effective date of Public Act 96-426) shall be required to
19submit a specimen within 45 days of incarceration, or prior to
20his or her final discharge, or release on parole, aftercare
21release, or mandatory supervised release, as a condition of
22his or her parole, aftercare release, or mandatory supervised
23release, whichever is sooner. These specimens shall be placed
24into the State or national DNA database, to be used in
25accordance with other provisions of this Section, by the
26Illinois State Police.

 

 

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1    (a-2) Any person sentenced to life imprisonment in a
2facility of the Illinois Department of Corrections after the
3effective date of this amendatory Act of the 94th General
4Assembly or sentenced to death after the effective date of
5this amendatory Act of the 94th General Assembly shall be
6required to provide a specimen of blood, saliva, or tissue
7within 45 days after sentencing or disposition at a collection
8site designated by the Illinois State Police. Any person
9serving a sentence of life imprisonment in a facility of the
10Illinois Department of Corrections on the effective date of
11this amendatory Act of the 94th General Assembly or any person
12who is under a sentence of death on the effective date of this
13amendatory Act of the 94th General Assembly shall be required
14to provide a specimen of blood, saliva, or tissue upon request
15at a collection site designated by the Illinois State Police.
16    (a-3) Any person seeking transfer to or residency in
17Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
18Code, the Interstate Compact for Adult Offender Supervision,
19or the Interstate Agreements on Sexually Dangerous Persons Act
20shall be required to provide a specimen of blood, saliva, or
21tissue within 45 days after transfer to or residency in
22Illinois at a collection site designated by the Illinois State
23Police.
24    (a-3.1) Any person required by an order of the court to
25submit a DNA specimen shall be required to provide a specimen
26of blood, saliva, or tissue within 45 days after the court

 

 

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1order at a collection site designated by the Illinois State
2Police.
3    (a-3.2) Any On or after January 1, 2012 (the effective
4date of Public Act 97-383), any person arrested for any of the
5following offenses, after an indictment has been returned by a
6grand jury, or following a hearing pursuant to Section 109-3
7of the Code of Criminal Procedure of 1963 and a judge finds
8there is probable cause to believe the arrestee has committed
9one of the designated offenses, or an arrestee has waived a
10preliminary hearing shall be required to provide a specimen of
11blood, saliva, or tissue within 14 days after such arrest
12indictment or hearing at a collection site designated by the
13Illinois State Police:
14        (A) first degree murder;
15        (B) home invasion;
16        (C) predatory criminal sexual assault of a child;
17        (D) aggravated criminal sexual assault; or
18        (E) criminal sexual assault.
19    In addition, on and after the effective date of this
20amendatory Act of the 103rd General Assembly, any person
21arrested for any of the following offenses shall be required
22to provide a specimen of blood, saliva, or tissue within 14
23days after such arrest at a collection site designated by the
24Illinois State Police:
25        (1) a forcible felony as defined in Section 2-8 of the
26    Criminal Code of 2012; or

 

 

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1        (2) felony domestic battery.
2    (a-3.3) Any person required to register as a sex offender
3under the Sex Offender Registration Act, regardless of the
4date of conviction as set forth in subsection (c-5.2) shall be
5required to provide a specimen of blood, saliva, or tissue
6within the time period prescribed in subsection (c-5.2) at a
7collection site designated by the Illinois State Police.
8    (a-5) Any person who was otherwise convicted of or
9received a disposition of court supervision for any other
10offense under the Criminal Code of 1961 or the Criminal Code of
112012 or who was found guilty or given supervision for such a
12violation under the Juvenile Court Act of 1987, may,
13regardless of the sentence imposed, be required by an order of
14the court to submit specimens of blood, saliva, or tissue to
15the Illinois State Police in accordance with the provisions of
16this Section.
17    (b) Any person required by paragraphs (a)(1), (a)(1.5),
18(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
19saliva, or tissue shall provide specimens of blood, saliva, or
20tissue within 45 days after sentencing or disposition at a
21collection site designated by the Illinois State Police.
22    (c) Any person required by paragraphs (a)(3), (a)(4), and
23(a)(4.5) to provide specimens of blood, saliva, or tissue
24shall be required to provide such specimens prior to final
25discharge or within 6 months from August 13, 2009 (the
26effective date of Public Act 96-426), whichever is sooner.

 

 

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1These specimens shall be placed into the State or national DNA
2database, to be used in accordance with other provisions of
3this Act, by the Illinois State Police.
4    (c-5) Any person required by paragraph (a-3) to provide
5specimens of blood, saliva, or tissue shall, where feasible,
6be required to provide the specimens before being accepted for
7conditioned residency in Illinois under the interstate compact
8or agreement, but no later than 45 days after arrival in this
9State.
10    (c-5.2) Unless it is determined that a registered sex
11offender has previously submitted a specimen of blood, saliva,
12or tissue that has been placed into the State DNA database, a
13person registering as a sex offender shall be required to
14submit a specimen at the time of his or her initial
15registration pursuant to the Sex Offender Registration Act or,
16for a person registered as a sex offender on or prior to
17January 1, 2012 (the effective date of Public Act 97-383),
18within one year of January 1, 2012 (the effective date of
19Public Act 97-383) or at the time of his or her next required
20registration.
21    (c-6) The Illinois State Police may determine which type
22of specimen or specimens, blood, saliva, or tissue, is
23acceptable for submission to the Division of Forensic Services
24for analysis. The Illinois State Police may require the
25submission of fingerprints from anyone required to give a
26specimen under this Act.

 

 

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1    (d) The Illinois State Police shall provide all equipment
2and instructions necessary for the collection of blood
3specimens. The collection of specimens shall be performed in a
4medically approved manner. Only a physician authorized to
5practice medicine, a registered nurse or other qualified
6person trained in venipuncture may withdraw blood for the
7purposes of this Act. The specimens shall thereafter be
8forwarded to the Illinois State Police, Division of Forensic
9Services, for analysis and categorizing into genetic marker
10groupings.
11    (d-1) The Illinois State Police shall provide all
12equipment and instructions necessary for the collection of
13saliva specimens. The collection of saliva specimens shall be
14performed in a medically approved manner. Only a person
15trained in the instructions promulgated by the Illinois State
16Police on collecting saliva may collect saliva for the
17purposes of this Section. The specimens shall thereafter be
18forwarded to the Illinois State Police, Division of Forensic
19Services, for analysis and categorizing into genetic marker
20groupings.
21    (d-2) The Illinois State Police shall provide all
22equipment and instructions necessary for the collection of
23tissue specimens. The collection of tissue specimens shall be
24performed in a medically approved manner. Only a person
25trained in the instructions promulgated by the Illinois State
26Police on collecting tissue may collect tissue for the

 

 

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1purposes of this Section. The specimens shall thereafter be
2forwarded to the Illinois State Police, Division of Forensic
3Services, for analysis and categorizing into genetic marker
4groupings.
5    (d-5) To the extent that funds are available, the Illinois
6State Police shall contract with qualified personnel and
7certified laboratories for the collection, analysis, and
8categorization of known specimens, except as provided in
9subsection (n) of this Section.
10    (d-6) Agencies designated by the Illinois State Police and
11the Illinois State Police may contract with third parties to
12provide for the collection or analysis of DNA, or both, of an
13offender's blood, saliva, and tissue specimens, except as
14provided in subsection (n) of this Section.
15    (e) The genetic marker groupings shall be maintained by
16the Illinois State Police, Division of Forensic Services.
17    (f) The genetic marker grouping analysis information
18obtained pursuant to this Act shall be confidential and shall
19be released only to peace officers of the United States, of
20other states or territories, of the insular possessions of the
21United States, of foreign countries duly authorized to receive
22the same, to all peace officers of the State of Illinois and to
23all prosecutorial agencies, and to defense counsel as provided
24by Section 116-5 of the Code of Criminal Procedure of 1963. The
25genetic marker grouping analysis information obtained pursuant
26to this Act shall be used only for (i) valid law enforcement

 

 

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1identification purposes and as required by the Federal Bureau
2of Investigation for participation in the National DNA
3database, (ii) technology validation purposes, (iii) a
4population statistics database, (iv) quality assurance
5purposes if personally identifying information is removed, (v)
6assisting in the defense of the criminally accused pursuant to
7Section 116-5 of the Code of Criminal Procedure of 1963, or
8(vi) identifying and assisting in the prosecution of a person
9who is suspected of committing a sexual assault as defined in
10Section 1a of the Sexual Assault Survivors Emergency Treatment
11Act. Notwithstanding any other statutory provision to the
12contrary, all information obtained under this Section shall be
13maintained in a single State data base, which may be uploaded
14into a national database, and which information may be subject
15to expungement only as set forth in subsection (f-1).
16    (f-1) Upon receipt of notification of a reversal of a
17conviction based on actual innocence, or of the granting of a
18pardon pursuant to Section 12 of Article V of the Illinois
19Constitution, if that pardon document specifically states that
20the reason for the pardon is the actual innocence of an
21individual whose DNA record has been stored in the State or
22national DNA identification index in accordance with this
23Section by the Illinois State Police, the DNA record shall be
24expunged from the DNA identification index, and the Department
25shall by rule prescribe procedures to ensure that the record
26and any specimens, analyses, or other documents relating to

 

 

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1such record, whether in the possession of the Department or
2any law enforcement or police agency, or any forensic DNA
3laboratory, including any duplicates or copies thereof, are
4destroyed and a letter is sent to the court verifying the
5expungement is completed. For specimens required to be
6collected prior to conviction, unless the individual has other
7charges or convictions that require submission of a specimen,
8the DNA record for an individual shall be expunged from the DNA
9identification databases and the specimen destroyed upon
10receipt of a certified copy of a final court order for each
11charge against an individual in which the charge has been
12dismissed, resulted in acquittal, or that the charge was not
13filed within the applicable time period. The Department shall
14by rule prescribe procedures to ensure that the record and any
15specimens in the possession or control of the Department are
16destroyed and a letter is sent to the court verifying the
17expungement is completed.
18    (f-5) Any person who intentionally uses genetic marker
19grouping analysis information, or any other information
20derived from a DNA specimen, beyond the authorized uses as
21provided under this Section, or any other Illinois law, is
22guilty of a Class 4 felony, and shall be subject to a fine of
23not less than $5,000.
24    (f-6) The Illinois State Police may contract with third
25parties for the purposes of implementing this amendatory Act
26of the 93rd General Assembly, except as provided in subsection

 

 

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1(n) of this Section. Any other party contracting to carry out
2the functions of this Section shall be subject to the same
3restrictions and requirements of this Section insofar as
4applicable, as the Illinois State Police, and to any
5additional restrictions imposed by the Illinois State Police.
6    (g) For the purposes of this Section, "qualifying offense"
7means any of the following:
8        (1) any violation or inchoate violation of Section
9    11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or
10    12-16 of the Criminal Code of 1961 or the Criminal Code of
11    2012;
12        (1.1) any violation or inchoate violation of Section
13    9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
14    18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of
15    1961 or the Criminal Code of 2012 for which persons are
16    convicted on or after July 1, 2001;
17        (2) any former statute of this State which defined a
18    felony sexual offense;
19        (3) (blank);
20        (4) any inchoate violation of Section 9-3.1, 9-3.4,
21    11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or
22    the Criminal Code of 2012; or
23        (5) any violation or inchoate violation of Article 29D
24    of the Criminal Code of 1961 or the Criminal Code of 2012.
25    (g-5) (Blank).
26    (h) The Illinois State Police shall be the State central

 

 

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1repository for all genetic marker grouping analysis
2information obtained pursuant to this Act. The Illinois State
3Police may promulgate rules for the form and manner of the
4collection of blood, saliva, or tissue specimens and other
5procedures for the operation of this Act. The provisions of
6the Administrative Review Law shall apply to all actions taken
7under the rules so promulgated.
8    (i)(1) A person required to provide a blood, saliva, or
9tissue specimen shall cooperate with the collection of the
10specimen and any deliberate act by that person intended to
11impede, delay or stop the collection of the blood, saliva, or
12tissue specimen is a Class 4 felony.
13    (2) In the event that a person's DNA specimen is not
14adequate for any reason, the person shall provide another DNA
15specimen for analysis. Duly authorized law enforcement and
16corrections personnel may employ reasonable force in cases in
17which an individual refuses to provide a DNA specimen required
18under this Act.
19    (j) (Blank).
20    (k) All analysis and categorization assessments provided
21under the Criminal and Traffic Assessments Act to the State
22Crime Laboratory Fund shall be regulated as follows:
23        (1) (Blank).
24        (2) (Blank).
25        (3) Moneys deposited into the State Crime Laboratory
26    Fund shall be used by Illinois State Police crime

 

 

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1    laboratories as designated by the Director of the Illinois
2    State Police. These funds shall be in addition to any
3    allocations made pursuant to existing laws and shall be
4    designated for the exclusive use of State crime
5    laboratories. These uses may include, but are not limited
6    to, the following:
7            (A) Costs incurred in providing analysis and
8        genetic marker categorization as required by
9        subsection (d).
10            (B) Costs incurred in maintaining genetic marker
11        groupings as required by subsection (e).
12            (C) Costs incurred in the purchase and maintenance
13        of equipment for use in performing analyses.
14            (D) Costs incurred in continuing research and
15        development of new techniques for analysis and genetic
16        marker categorization.
17            (E) Costs incurred in continuing education,
18        training, and professional development of forensic
19        scientists regularly employed by these laboratories.
20    (l) The failure of a person to provide a specimen, or of
21any person or agency to collect a specimen, shall in no way
22alter the obligation of the person to submit such specimen, or
23the authority of the Illinois State Police or persons
24designated by the Illinois State Police to collect the
25specimen, or the authority of the Illinois State Police to
26accept, analyze and maintain the specimen or to maintain or

 

 

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1upload results of genetic marker grouping analysis information
2into a State or national database.
3    (m) If any provision of this amendatory Act of the 93rd
4General Assembly is held unconstitutional or otherwise
5invalid, the remainder of this amendatory Act of the 93rd
6General Assembly is not affected.
7    (n) Neither the Illinois State Police, the Division of
8Forensic Services, nor any laboratory of the Division of
9Forensic Services may contract out forensic testing for the
10purpose of an active investigation or a matter pending before
11a court of competent jurisdiction without the written consent
12of the prosecuting agency. For the purposes of this subsection
13(n), "forensic testing" includes the analysis of physical
14evidence in an investigation or other proceeding for the
15prosecution of a violation of the Criminal Code of 1961 or the
16Criminal Code of 2012 or for matters adjudicated under the
17Juvenile Court Act of 1987, and includes the use of forensic
18databases and databanks, including DNA, firearm, and
19fingerprint databases, and expert testimony.
20    (o) Mistake does not invalidate a database match. The
21detention, arrest, or conviction of a person based upon a
22database match or database information is not invalidated if
23it is determined that the specimen was obtained or placed in
24the database by mistake.
25    (p) This Section may be referred to as the Illinois DNA
26Database Law of 2011.

 

 

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1(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)