103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5308

 

Introduced 2/9/2024, by Rep. Lilian Jiménez

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-915
730 ILCS 5/5-4-3  from Ch. 38, par. 1005-4-3

    Amends the Juvenile Court Act of 1987. Provides that the automatic expungement of juvenile law enforcement records and court records includes juvenile DNA records. Provides that in cases involving juvenile records that are not subject to automatic expungement, a person may petition for the expungement of the person's juvenile DNA records. Amends the Unified Code of Corrections. Deletes a provision that DNA shall be collected from a person who received a disposition of supervision under the Juvenile Court Act of 1987. Provides that whenever expungement is granted under the Juvenile Court Act of 1987, the DNA record shall be expunged from the DNA identification index, and the Illinois State Police shall by rule prescribe procedures to ensure that the record and any specimens, analyses, or other documents relating to such record, whether in the possession of the Illinois State Police 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. Provides that for specimens required to be collected prior to conviction, unless the individual has other charges or convictions that require submission of a specimen, the DNA shall not be submitted into the Federal Bureau of Investigation's Combined DNA Index System (CODIS).


LRB103 37498 RLC 69547 b

 

 

A BILL FOR

 

HB5308LRB103 37498 RLC 69547 b

1    AN ACT concerning juvenile records.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 5-915 as follows:
 
6    (705 ILCS 405/5-915)
7    Sec. 5-915. Expungement of juvenile law enforcement, and
8juvenile court and juvenile DNA records.
9    (0.01) For purposes of this Section, law enforcement and
10court records subject to expungement include DNA records.
11    (0.05) (Blank).
12    (0.1)(a) The Illinois State Police and all law enforcement
13agencies within the State shall automatically expunge, on or
14before January 1 of each year, except as described in
15paragraph (c) of this subsection (0.1), all juvenile law
16enforcement records and DNA records stored in State or
17national DNA identification indices relating to events
18occurring before an individual's 18th birthday if:
19        (1) one year or more has elapsed since the date of the
20    arrest or law enforcement interaction documented in the
21    records;
22        (2) no petition for delinquency or criminal charges
23    were filed with the clerk of the circuit court relating to

 

 

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1    the arrest or law enforcement interaction documented in
2    the records; and
3        (3) 6 months have elapsed since the date of the arrest
4    without an additional subsequent arrest or filing of a
5    petition for delinquency or criminal charges whether
6    related or not to the arrest or law enforcement
7    interaction documented in the records.
8    (b) If the law enforcement agency is unable to verify
9satisfaction of conditions (2) and (3) of this subsection
10(0.1), records that satisfy condition (1) of this subsection
11(0.1) shall be automatically expunged if the records relate to
12an offense that if committed by an adult would not be an
13offense classified as a Class 2 felony or higher, an offense
14under Article 11 of the Criminal Code of 1961 or Criminal Code
15of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
1612-15, or 12-16 of the Criminal Code of 1961.
17    (c) If the juvenile law enforcement record was received
18through a public submission to a statewide student
19confidential reporting system administered by the Illinois
20State Police, the record will be maintained for a period of 5
21years according to all other provisions in this subsection
22(0.1).
23    (0.15) If a juvenile law enforcement record meets
24paragraph (a) of subsection (0.1) of this Section, a juvenile
25law enforcement record created:
26        (1) prior to January 1, 2018, but on or after January

 

 

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1    1, 2013 shall be automatically expunged prior to January
2    1, 2020;
3        (2) prior to January 1, 2013, but on or after January
4    1, 2000, shall be automatically expunged prior to January
5    1, 2023; and
6        (3) prior to January 1, 2000 shall not be subject to
7    the automatic expungement provisions of this Act.
8    Nothing in this subsection (0.15) shall be construed to
9restrict or modify an individual's right to have the person's
10juvenile law enforcement records expunged except as otherwise
11may be provided in this Act.
12    (0.2)(a) Upon dismissal of a petition alleging delinquency
13or upon a finding of not delinquent, the successful
14termination of an order of supervision, or the successful
15termination of an adjudication for an offense which would be a
16Class B misdemeanor, Class C misdemeanor, or a petty or
17business offense if committed by an adult, the court shall
18automatically order the expungement of the juvenile court
19records, and juvenile law enforcement records, and juvenile
20DNA records. The clerk shall deliver a certified copy of the
21expungement order to the Illinois State Police and the
22arresting agency. Upon request, the State's Attorney shall
23furnish the name of the arresting agency. The expungement
24shall be completed within 60 business days after the receipt
25of the expungement order.
26    (b) If the chief law enforcement officer of the agency, or

 

 

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1the chief law enforcement officer's designee, certifies in
2writing that certain information is needed for a pending
3investigation involving the commission of a felony, that
4information, and information identifying the juvenile, may be
5retained until the statute of limitations for the felony has
6run. If the chief law enforcement officer of the agency, or the
7chief law enforcement officer's designee, certifies in writing
8that certain information is needed with respect to an internal
9investigation of any law enforcement office, that information
10and information identifying the juvenile may be retained
11within an intelligence file until the investigation is
12terminated or the disciplinary action, including appeals, has
13been completed, whichever is later. Retention of a portion of
14a juvenile's law enforcement record does not disqualify the
15remainder of a juvenile's record from immediate automatic
16expungement.
17    (0.3)(a) Upon an adjudication of delinquency based on any
18offense except a disqualified offense, the juvenile court
19shall automatically order the expungement of the juvenile
20court, and law enforcement, and juvenile DNA records 2 years
21after the juvenile's case was closed if no delinquency or
22criminal proceeding is pending and the person has had no
23subsequent delinquency adjudication or criminal conviction.
24The clerk shall deliver a certified copy of the expungement
25order to the Illinois State Police and the arresting agency.
26Upon request, the State's Attorney shall furnish the name of

 

 

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1the arresting agency. The expungement shall be completed
2within 60 business days after the receipt of the expungement
3order. In this subsection (0.3), "disqualified offense" means
4any of the following offenses: Section 8-1.2, 9-1, 9-1.2, 9-2,
59-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9,
611-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
712-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5,
812-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1,
918-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,
1024-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,
1129D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal
12Code of 2012, or subsection (b) of Section 8-1, paragraph (4)
13of subsection (a) of Section 11-14.4, subsection (a-5) of
14Section 12-3.1, paragraph (1), (2), or (3) of subsection (a)
15of Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
16paragraph (1) or (2) of subsection (a) of Section 12-7.4,
17subparagraph (i) of paragraph (1) of subsection (a) of Section
1812-9, subparagraph (H) of paragraph (3) of subsection (a) of
19Section 24-1.6, paragraph (1) of subsection (a) of Section
2025-1, or subsection (a-7) of Section 31-1 of the Criminal Code
21of 2012.
22    (b) If the chief law enforcement officer of the agency, or
23the chief law enforcement officer's designee, certifies in
24writing that certain information is needed for a pending
25investigation involving the commission of a felony, that
26information, and information identifying the juvenile, may be

 

 

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1retained in an intelligence file until the investigation is
2terminated or for one additional year, whichever is sooner.
3Retention of a portion of a juvenile's juvenile law
4enforcement record does not disqualify the remainder of a
5juvenile's record from immediate automatic expungement.
6    (0.4) Automatic expungement for the purposes of this
7Section shall not require law enforcement agencies to
8obliterate or otherwise destroy juvenile law enforcement
9records that would otherwise need to be automatically expunged
10under this Act, except after 2 years following the subject
11arrest for purposes of use in civil litigation against a
12governmental entity or its law enforcement agency or personnel
13which created, maintained, or used the records. However, these
14juvenile law enforcement records shall be considered expunged
15for all other purposes during this period and the offense,
16which the records or files concern, shall be treated as if it
17never occurred as required under Section 5-923.
18    (0.5) Subsection (0.1) or (0.2) of this Section does not
19apply to violations of traffic, boating, fish and game laws,
20or county or municipal ordinances.
21    (0.6) Juvenile law enforcement records of a plaintiff who
22has filed civil litigation against the governmental entity or
23its law enforcement agency or personnel that created,
24maintained, or used the records, or juvenile law enforcement
25records that contain information related to the allegations
26set forth in the civil litigation may not be expunged until

 

 

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1after 2 years have elapsed after the conclusion of the
2lawsuit, including any appeal.
3    (0.7) Officer-worn body camera recordings shall not be
4automatically expunged except as otherwise authorized by the
5Law Enforcement Officer-Worn Body Camera Act.
6    (1) Whenever a person has been arrested, charged, or
7adjudicated delinquent for an incident occurring before a
8person's 18th birthday that if committed by an adult would be
9an offense, and that person's juvenile law enforcement, and
10juvenile court records, and juvenile DNA records are not
11eligible for automatic expungement under subsection (0.1),
12(0.2), or (0.3), the person may petition the court at any time
13at no cost to the person for expungement of juvenile law
14enforcement records, and juvenile court records, and juvenile
15DNA records relating to the incident and, upon termination of
16all juvenile court proceedings relating to that incident, the
17court shall order the expungement of all records in the
18possession of the Illinois State Police, the clerk of the
19circuit court, and law enforcement agencies relating to the
20incident, but only in any of the following circumstances:
21        (a) the minor was arrested and no petition for
22    delinquency was filed with the clerk of the circuit court;
23        (a-5) the minor was charged with an offense and the
24    petition or petitions were dismissed without a finding of
25    delinquency;
26        (b) the minor was charged with an offense and was

 

 

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1    found not delinquent of that offense;
2        (c) the minor was placed under supervision under
3    Section 5-615, and the order of supervision has since been
4    successfully terminated; or
5        (d) the minor was adjudicated for an offense which
6    would be a Class B misdemeanor, Class C misdemeanor, or a
7    petty or business offense if committed by an adult.
8    (1.5) At no cost to the person, the Illinois State Police
9shall allow a person to use the Access and Review process,
10established in the Illinois State Police, for verifying that
11the person's juvenile law enforcement records relating to
12incidents occurring before the person's 18th birthday eligible
13under this Act have been expunged.
14    (1.6) (Blank).
15    (1.7) (Blank).
16    (1.8) (Blank).
17    (2) Any person whose delinquency adjudications are not
18eligible for automatic expungement under subsection (0.3) of
19this Section may petition the court at no cost to the person to
20expunge all juvenile law enforcement and juvenile DNA records
21relating to any incidents occurring before the person's 18th
22birthday which did not result in proceedings in criminal court
23and all juvenile court and juvenile DNA records with respect
24to any adjudications except those based upon first degree
25murder or an offense under Article 11 of the Criminal Code of
262012 if the person is required to register under the Sex

 

 

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1Offender Registration Act at the time the person petitions the
2court for expungement; provided that 2 years have elapsed
3since all juvenile court proceedings relating to the person
4have been terminated and the person's commitment to the
5Department of Juvenile Justice under this Act has been
6terminated.
7    (2.5) If a minor is arrested and no petition for
8delinquency is filed with the clerk of the circuit court at the
9time the minor is released from custody, the youth officer, if
10applicable, or other designated person from the arresting
11agency, shall notify verbally and in writing to the minor or
12the minor's parents or guardians that the minor shall have an
13arrest record and, if applicable, a DNA record and shall
14provide the minor and the minor's parents or guardians with an
15expungement information packet, information regarding this
16State's expungement laws including a petition to expunge
17juvenile law enforcement and juvenile court records obtained
18from the clerk of the circuit court.
19    (2.6) If a minor is referred to court, then, at the time of
20sentencing, dismissal of the case, or successful completion of
21supervision, the judge shall inform the delinquent minor of
22the minor's rights regarding expungement and the clerk of the
23circuit court shall provide an expungement information packet
24to the minor, written in plain language, including information
25regarding this State's expungement laws and a petition for
26expungement, a sample of a completed petition, expungement

 

 

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1instructions that shall include information informing the
2minor that (i) once the case is expunged, it shall be treated
3as if it never occurred, (ii) the minor shall not be charged a
4fee to petition for expungement, (iii) once the minor obtains
5an expungement, the minor may not be required to disclose that
6the minor had a juvenile law enforcement , juvenile DNA, or
7juvenile court record, and (iv) if petitioning the minor may
8file the petition on the minor's own or with the assistance of
9an attorney. The failure of the judge to inform the delinquent
10minor of the minor's right to petition for expungement as
11provided by law does not create a substantive right, nor is
12that failure grounds for: (i) a reversal of an adjudication of
13delinquency; (ii) a new trial; or (iii) an appeal.
14    (2.7) (Blank).
15    (2.8) (Blank).
16    (3) (Blank).
17    (3.1) (Blank).
18    (3.2) (Blank).
19    (3.3) (Blank).
20    (4) (Blank).
21    (5) (Blank).
22    (5.5) Whether or not expunged, records eligible for
23automatic expungement under subdivision (0.1)(a), (0.2)(a), or
24(0.3)(a) may be treated as expunged by the individual subject
25to the records.
26    (6) (Blank).

 

 

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1    (6.5) The Illinois State Police or any employee of the
2Illinois State Police shall be immune from civil or criminal
3liability for failure to expunge any records of arrest that
4are subject to expungement under this Section because of
5inability to verify a record. Nothing in this Section shall
6create Illinois State Police liability or responsibility for
7the expungement of juvenile law enforcement records it does
8not possess.
9    (7) (Blank).
10    (7.5) (Blank).
11    (8) The expungement of juvenile law enforcement, juvenile
12DNA, or juvenile court records under subsection (0.1), (0.2),
13or (0.3) of this Section shall be funded by appropriation by
14the General Assembly for that purpose.
15    (9) (Blank).
16    (10) (Blank).
17(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
18102-752, eff. 1-1-23; 103-22, eff. 8-8-23; 103-154, eff.
196-30-23; 103-379, eff. 7-28-23; revised 8-30-23.)
 
20    Section 10. The Unified Code of Corrections is amended by
21changing Section 5-4-3 as follows:
 
22    (730 ILCS 5/5-4-3)  (from Ch. 38, par. 1005-4-3)
23    Sec. 5-4-3. Specimens; genetic marker groups.
24    (a) Any person convicted of or , found guilty under the

 

 

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1Juvenile Court Act of 1987 for, or who received a disposition
2of court supervision for, a qualifying offense or attempt of a
3qualifying offense, convicted or found guilty of any offense
4classified as a felony under Illinois law, convicted or found
5guilty of any offense requiring registration under the Sex
6Offender Registration Act, found guilty or given supervision
7for any offense classified as a felony under the Juvenile
8Court Act of 1987, convicted or found guilty of, under the
9Juvenile Court Act of 1987, any offense requiring registration
10under the Sex Offender Registration Act, or institutionalized
11as a sexually dangerous person under the Sexually Dangerous
12Persons Act, or committed as a sexually violent person under
13the Sexually Violent Persons Commitment Act shall, regardless
14of the sentence or disposition imposed, be required to submit
15specimens of blood, saliva, or tissue to the Illinois State
16Police in accordance with the provisions of this Section,
17provided such person is:
18        (1) convicted of a qualifying offense or attempt of a
19    qualifying offense on or after July 1, 1990 and sentenced
20    to a term of imprisonment, periodic imprisonment, fine,
21    probation in which judgment is not withheld, or
22    conditional discharge or any other form of sentence, or
23    given a disposition of court supervision for the offense;
24        (1.5) found guilty or given supervision under the
25    Juvenile Court Act of 1987 for a qualifying offense or
26    attempt of a qualifying offense on or after January 1,

 

 

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1    1997;
2        (2) ordered institutionalized as a sexually dangerous
3    person on or after July 1, 1990;
4        (3) convicted of a qualifying offense or attempt of a
5    qualifying offense before July 1, 1990 and is presently
6    confined as a result of such conviction in any State
7    correctional facility or county jail or is presently
8    serving a sentence of probation, conditional discharge or
9    periodic imprisonment as a result of such conviction;
10        (3.5) convicted or found guilty of any offense
11    classified as a felony under Illinois law or found guilty
12    or given supervision for such an offense under the
13    Juvenile Court Act of 1987 on or after August 22, 2002;
14        (4) presently institutionalized as a sexually
15    dangerous person or presently institutionalized as a
16    person found guilty but mentally ill of a sexual offense
17    or attempt to commit a sexual offense; or
18        (4.5) ordered committed as a sexually violent person
19    on or after January 1, 1998 (the effective date of the
20    Sexually Violent Persons Commitment Act).
21    (a-1) Any person incarcerated in a facility of the
22Illinois Department of Corrections or the Illinois Department
23of Juvenile Justice on or after August 22, 2002, whether for a
24term of years or natural life, who has not yet submitted a
25specimen of blood, saliva, or tissue shall be required to
26submit a specimen of blood, saliva, or tissue prior to his or

 

 

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1her final discharge, or release on parole, aftercare release,
2or mandatory supervised release, as a condition of his or her
3parole, aftercare release, or mandatory supervised release, or
4within 6 months from August 13, 2009 (the effective date of
5Public Act 96-426), whichever is sooner. A person incarcerated
6on or after August 13, 2009 (the effective date of Public Act
796-426) shall be required to submit a specimen within 45 days
8of incarceration, or prior to his or her final discharge, or
9release on parole, aftercare release, or mandatory supervised
10release, as a condition of his or her parole, aftercare
11release, or mandatory supervised release, whichever is sooner.
12These specimens shall be placed into the State or national DNA
13database, to be used in accordance with other provisions of
14this Section, by the Illinois State Police.
15    (a-2) Any person sentenced to life imprisonment in a
16facility of the Illinois Department of Corrections after June
1713, 2005 (the effective date of Public Act 94-16) this
18amendatory Act of the 94th General Assembly shall be required
19to provide a specimen of blood, saliva, or tissue within 45
20days after sentencing or disposition at a collection site
21designated by the Illinois State Police. Any person serving a
22sentence of life imprisonment in a facility of the Illinois
23Department of Corrections on June 13, 2005 (the effective date
24of Public Act 94-16) this amendatory Act of the 94th General
25Assembly or any person who is under a sentence of death on June
2613, 2005 (the effective date of Public Act 94-16) this

 

 

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1amendatory Act of the 94th General Assembly shall be required
2to provide a specimen of blood, saliva, or tissue upon request
3at a collection site designated by the Illinois State Police.
4    (a-3) Any person seeking transfer to or residency in
5Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
6Code, the Interstate Compact for Adult Offender Supervision,
7or the Interstate Agreements on Sexually Dangerous Persons Act
8shall be required to provide a specimen of blood, saliva, or
9tissue within 45 days after transfer to or residency in
10Illinois at a collection site designated by the Illinois State
11Police.
12    (a-3.1) Any person required by an order of the court to
13submit a DNA specimen shall be required to provide a specimen
14of blood, saliva, or tissue within 45 days after the court
15order at a collection site designated by the Illinois State
16Police.
17    (a-3.2) On or after January 1, 2012 (the effective date of
18Public Act 97-383), any person arrested for any of the
19following offenses, after an indictment has been returned by a
20grand jury, or following a hearing pursuant to Section 109-3
21of the Code of Criminal Procedure of 1963 and a judge finds
22there is probable cause to believe the arrestee has committed
23one of the designated offenses, or an arrestee has waived a
24preliminary hearing shall be required to provide a specimen of
25blood, saliva, or tissue within 14 days after such indictment
26or hearing at a collection site designated by the Illinois

 

 

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1State Police:
2        (A) first degree murder;
3        (B) home invasion;
4        (C) predatory criminal sexual assault of a child;
5        (D) aggravated criminal sexual assault; or
6        (E) criminal sexual assault.
7    (a-3.3) Any person required to register as a sex offender
8under the Sex Offender Registration Act, regardless of the
9date of conviction as set forth in subsection (c-5.2) shall be
10required to provide a specimen of blood, saliva, or tissue
11within the time period prescribed in subsection (c-5.2) at a
12collection site designated by the Illinois State Police.
13    (a-5) Any person who was otherwise convicted of or
14received a disposition of court supervision for any other
15offense under the Criminal Code of 1961 or the Criminal Code of
162012 or who was found guilty or given supervision for such a
17violation under the Juvenile Court Act of 1987, may,
18regardless of the sentence imposed, be required by an order of
19the court to submit specimens of blood, saliva, or tissue to
20the Illinois State Police in accordance with the provisions of
21this Section.
22    (b) Any person required by paragraphs (a)(1), (a)(1.5),
23(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
24saliva, or tissue shall provide specimens of blood, saliva, or
25tissue within 45 days after sentencing or disposition at a
26collection site designated by the Illinois State Police.

 

 

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1    (b-5) Any person required by paragraph (a)(1.5) to provide
2specimens of blood, saliva, or tissue shall provide specimens
3of blood, saliva, or tissue within 45 days after all appeals
4have been completed.
5    (c) Any person required by paragraphs (a)(3), (a)(4), and
6(a)(4.5) to provide specimens of blood, saliva, or tissue
7shall be required to provide such specimens prior to final
8discharge or within 6 months from August 13, 2009 (the
9effective date of Public Act 96-426), whichever is sooner.
10These specimens shall be placed into the State or national DNA
11database, to be used in accordance with other provisions of
12this Act, by the Illinois State Police.
13    (c-5) Any person required by paragraph (a-3) to provide
14specimens of blood, saliva, or tissue shall, where feasible,
15be required to provide the specimens before being accepted for
16conditioned residency in Illinois under the interstate compact
17or agreement, but no later than 45 days after arrival in this
18State.
19    (c-5.2) Unless it is determined that a registered sex
20offender has previously submitted a specimen of blood, saliva,
21or tissue that has been placed into the State DNA database, a
22person registering as a sex offender shall be required to
23submit a specimen at the time of his or her initial
24registration pursuant to the Sex Offender Registration Act or,
25for a person registered as a sex offender on or prior to
26January 1, 2012 (the effective date of Public Act 97-383),

 

 

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1within one year of January 1, 2012 (the effective date of
2Public Act 97-383) or at the time of his or her next required
3registration.
4    (c-6) The Illinois State Police may determine which type
5of specimen or specimens, blood, saliva, or tissue, is
6acceptable for submission to the Division of Forensic Services
7for analysis. The Illinois State Police may require the
8submission of fingerprints from anyone required to give a
9specimen under this Act.
10    (d) The Illinois State Police shall provide all equipment
11and instructions necessary for the collection of blood
12specimens. The collection of specimens shall be performed in a
13medically approved manner. Only a physician authorized to
14practice medicine, a registered nurse or other qualified
15person trained in venipuncture may withdraw blood for the
16purposes of this Act. The specimens shall thereafter be
17forwarded to the Illinois State Police, Division of Forensic
18Services, for analysis and categorizing into genetic marker
19groupings.
20    (d-1) The Illinois State Police shall provide all
21equipment and instructions necessary for the collection of
22saliva specimens. The collection of saliva specimens shall be
23performed in a medically approved manner. Only a person
24trained in the instructions promulgated by the Illinois State
25Police on collecting saliva may collect saliva for the
26purposes of this Section. The specimens shall thereafter be

 

 

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1forwarded to the Illinois State Police, Division of Forensic
2Services, for analysis and categorizing into genetic marker
3groupings.
4    (d-2) The Illinois State Police shall provide all
5equipment and instructions necessary for the collection of
6tissue specimens. The collection of tissue specimens shall be
7performed in a medically approved manner. Only a person
8trained in the instructions promulgated by the Illinois State
9Police on collecting tissue may collect tissue for the
10purposes of this Section. The specimens shall thereafter be
11forwarded to the Illinois State Police, Division of Forensic
12Services, for analysis and categorizing into genetic marker
13groupings.
14    (d-5) To the extent that funds are available, the Illinois
15State Police shall contract with qualified personnel and
16certified laboratories for the collection, analysis, and
17categorization of known specimens, except as provided in
18subsection (n) of this Section.
19    (d-6) Agencies designated by the Illinois State Police and
20the Illinois State Police may contract with third parties to
21provide for the collection or analysis of DNA, or both, of an
22offender's blood, saliva, and tissue specimens, except as
23provided in subsection (n) of this Section.
24    (e) The genetic marker groupings shall be maintained by
25the Illinois State Police, Division of Forensic Services.
26    (f) The genetic marker grouping analysis information

 

 

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1obtained pursuant to this Act shall be confidential and shall
2be released only to peace officers of the United States, of
3other states or territories, of the insular possessions of the
4United States, of foreign countries duly authorized to receive
5the same, to all peace officers of the State of Illinois and to
6all prosecutorial agencies, and to defense counsel as provided
7by Section 116-5 of the Code of Criminal Procedure of 1963. The
8genetic marker grouping analysis information obtained pursuant
9to this Act shall be used only for (i) valid law enforcement
10identification purposes and as required by the Federal Bureau
11of Investigation for participation in the National DNA
12database, (ii) technology validation purposes, (iii) a
13population statistics database, (iv) quality assurance
14purposes if personally identifying information is removed, (v)
15assisting in the defense of the criminally accused pursuant to
16Section 116-5 of the Code of Criminal Procedure of 1963, or
17(vi) identifying and assisting in the prosecution of a person
18who is suspected of committing a sexual assault as defined in
19Section 1a of the Sexual Assault Survivors Emergency Treatment
20Act. Notwithstanding any other statutory provision to the
21contrary, all information obtained under this Section shall be
22maintained in a single State data base, which may be uploaded
23into a national database, and which information may be subject
24to expungement only as set forth in subsection (f-1).
25    (f-1) Upon receipt of notification of a reversal of a
26conviction based on actual innocence, or of the granting of a

 

 

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1pardon pursuant to Section 12 of Article V of the Illinois
2Constitution, if that pardon document specifically states that
3the reason for the pardon is the actual innocence of an
4individual whose DNA record has been stored in the State or
5national DNA identification index in accordance with this
6Section by the Illinois State Police, the DNA record shall be
7expunged from the DNA identification index, and the Department
8shall by rule prescribe procedures to ensure that the record
9and any specimens, analyses, or other documents relating to
10such record, whether in the possession of the Department or
11any law enforcement or police agency, or any forensic DNA
12laboratory, including any duplicates or copies thereof, are
13destroyed and a letter is sent to the court verifying the
14expungement is completed. For specimens required to be
15collected prior to conviction, unless the individual has other
16charges or convictions that require submission of a specimen,
17the DNA record for an individual shall be expunged from the DNA
18identification databases and the specimen destroyed upon
19receipt of a certified copy of a final court order for each
20charge against an individual in which the charge has been
21dismissed, resulted in acquittal, or that the charge was not
22filed within the applicable time period. The Department shall
23by rule prescribe procedures to ensure that the record and any
24specimens in the possession or control of the Department are
25destroyed and a letter is sent to the court verifying the
26expungement is completed.

 

 

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1    (f-2) Whenever expungement is granted under Section 5-915
2of the Juvenile Court Act of 1987, the DNA record shall be
3expunged from the DNA identification index, and the Illinois
4State Police shall by rule prescribe procedures to ensure that
5the record and any specimens, analyses, or other documents
6relating to such record, whether in the possession of the
7Illinois State Police or any law enforcement or police agency,
8or any forensic DNA laboratory, including any duplicates or
9copies thereof, are destroyed and a letter is sent to the court
10verifying the expungement is completed. For specimens required
11to be collected prior to conviction, unless the individual has
12other charges or convictions that require submission of a
13specimen, the DNA shall not be submitted into the Federal
14Bureau of Investigation's Combined DNA Index System (CODIS).
15    (f-5) Any person who intentionally uses genetic marker
16grouping analysis information, or any other information
17derived from a DNA specimen, beyond the authorized uses as
18provided under this Section, or any other Illinois law, is
19guilty of a Class 4 felony, and shall be subject to a fine of
20not less than $5,000.
21    (f-6) The Illinois State Police may contract with third
22parties for the purposes of implementing Public Act 93-216
23this amendatory Act of the 93rd General Assembly, except as
24provided in subsection (n) of this Section. Any other party
25contracting to carry out the functions of this Section shall
26be subject to the same restrictions and requirements of this

 

 

HB5308- 23 -LRB103 37498 RLC 69547 b

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

 

 

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

 

 

HB5308- 25 -LRB103 37498 RLC 69547 b

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

 

 

HB5308- 26 -LRB103 37498 RLC 69547 b

1    (m) If any provision of Public Act 93-216 this amendatory
2Act of the 93rd General Assembly is held unconstitutional or
3otherwise invalid, the remainder of Public Act 93-216 this
4amendatory Act of the 93rd General Assembly is not affected.
5    (n) Neither the Illinois State Police, the Division of
6Forensic Services, nor any laboratory of the Division of
7Forensic Services may contract out forensic testing for the
8purpose of an active investigation or a matter pending before
9a court of competent jurisdiction without the written consent
10of the prosecuting agency. For the purposes of this subsection
11(n), "forensic testing" includes the analysis of physical
12evidence in an investigation or other proceeding for the
13prosecution of a violation of the Criminal Code of 1961 or the
14Criminal Code of 2012 or for matters adjudicated under the
15Juvenile Court Act of 1987, and includes the use of forensic
16databases and databanks, including DNA, firearm, and
17fingerprint databases, and expert testimony.
18    (o) Mistake does not invalidate a database match. The
19detention, arrest, or conviction of a person based upon a
20database match or database information is not invalidated if
21it is determined that the specimen was obtained or placed in
22the database by mistake.
23    (p) This Section may be referred to as the Illinois DNA
24Database Law of 2011.
25(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21;
26103-51, eff. 1-1-24; revised 1-2-24.)