093_HB0574ham001
LRB093 05570 RLC 14046 a
1 AMENDMENT TO HOUSE BILL 574
2 AMENDMENT NO. . Amend House Bill 574 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Unified Code of Corrections is amended
5 by changing 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. Persons convicted of, or found delinquent
8 for, certain offenses or institutionalized as sexually
9 dangerous; specimens; genetic marker groups.
10 (a) Any person convicted of, found guilty under the
11 Juvenile Court Act of 1987 for, or who received a disposition
12 of court supervision for, a qualifying offense or attempt of
13 a qualifying offense, convicted or found guilty of any
14 offense classified as a felony under Illinois law, found
15 guilty or given supervision for any offense classified as a
16 felony under the Juvenile Court Act of 1987, or
17 institutionalized as a sexually dangerous person under the
18 Sexually Dangerous Persons Act, or committed as a sexually
19 violent person under the Sexually Violent Persons Commitment
20 Act shall, regardless of the sentence or disposition imposed,
21 be required to submit specimens of blood, saliva, or tissue
22 to the Illinois Department of State Police in accordance with
-2- LRB093 05570 RLC 14046 a
1 the provisions of this Section, provided such person is:
2 (1) convicted of a qualifying offense or attempt of
3 a qualifying offense on or after July 1, 1990 the
4 effective date of this amendatory Act of 1989, and
5 sentenced to a term of imprisonment, periodic
6 imprisonment, fine, probation, conditional discharge or
7 any other form of sentence, or given a disposition of
8 court supervision for the offense;, or
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; the effective date of this amendatory Act of 1996,
13 or
14 (2) ordered institutionalized as a sexually
15 dangerous person on or after July 1, 1990; the effective
16 date of this amendatory Act of 1989, or
17 (3) convicted of a qualifying offense or attempt of
18 a qualifying offense before July 1, 1990 the effective
19 date of this amendatory Act of 1989 and is presently
20 confined as a result of such conviction in any State
21 correctional facility or county jail or is presently
22 serving a sentence of probation, conditional discharge or
23 periodic imprisonment as a result of such conviction;, or
24 (3.5) convicted or found guilty of any offense
25 classified as a felony under Illinois law or found guilty
26 or given supervision for such an offense under the
27 Juvenile Court Act of 1987 on or after August 22, 2002;
28 the effective date of this amendatory Act of the 92nd
29 General Assembly, or
30 (4) presently institutionalized as a sexually
31 dangerous person or presently institutionalized as a
32 person found guilty but mentally ill of a sexual offense
33 or attempt to commit a sexual offense; or
34 (4.5) ordered committed as a sexually violent
-3- LRB093 05570 RLC 14046 a
1 person on or after the effective date of the Sexually
2 Violent Persons Commitment Act; or
3 (5) seeking transfer to or residency in Illinois
4 under Sections 3-3-11.05 through 3-3-11.5 of the Unified
5 Code of Corrections and the Interstate Compact for Adult
6 Offender Supervision or the Interstate Agreements on
7 Sexually Dangerous Persons Act.
8 Notwithstanding other provisions of this Section, any
9 person incarcerated in a facility of the Illinois Department
10 of Corrections on August 22, 2002 or after the effective date
11 of this amendatory Act of the 92nd General Assembly shall be
12 required to submit a specimen of blood, saliva, or tissue
13 prior to his or her final discharge or release on parole or
14 mandatory supervised release, as a condition of his or her
15 parole or mandatory supervised release.
16 (a-5) Any person who was otherwise convicted of or
17 received a disposition of court supervision for any other
18 offense under the Criminal Code of 1961 or who was found
19 guilty or given supervision for such a violation under the
20 Juvenile Court Act of 1987, may, regardless of the sentence
21 imposed, be required by an order of the court to submit
22 specimens of blood, saliva, or tissue to the Illinois
23 Department of State Police in accordance with the provisions
24 of this Section.
25 (b) Any person required by paragraphs (a)(1), (a)(1.5),
26 (a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
27 saliva, or tissue shall provide specimens of blood, saliva,
28 or tissue within 45 days after sentencing or disposition at a
29 collection site designated by the Illinois Department of
30 State Police.
31 (c) Any person required by paragraphs (a)(3), (a)(4),
32 and (a)(4.5) to provide specimens of blood, saliva, or tissue
33 shall be required to provide such samples prior to final
34 discharge, parole, or release at a collection site designated
-4- LRB093 05570 RLC 14046 a
1 by the Illinois Department of State Police.
2 (c-5) Any person required by paragraph (a)(5) to provide
3 specimens of blood, saliva, or tissue shall, where feasible,
4 be required to provide the specimens before being accepted
5 for conditioned residency in Illinois under the interstate
6 compact or agreement, but no later than 45 days after arrival
7 in this State.
8 (c-6) The Illinois Department of State Police may
9 determine which type of specimen or specimens, blood, saliva,
10 or tissue, is acceptable for submission to the Division of
11 Forensic Services for analysis.
12 (d) The Illinois Department of State Police shall
13 provide all equipment and instructions necessary for the
14 collection of blood samples. The collection of samples shall
15 be performed in a medically approved manner. Only a
16 physician authorized to practice medicine, a registered nurse
17 or other qualified person trained in venipuncture may
18 withdraw blood for the purposes of this Act. The samples
19 shall thereafter be forwarded to the Illinois Department of
20 State Police, Division of Forensic Services, for analysis and
21 categorizing into genetic marker groupings.
22 (d-1) The Illinois Department of State Police shall
23 provide all equipment and instructions necessary for the
24 collection of saliva samples. The collection of saliva
25 samples shall be performed in a medically approved manner.
26 Only a person trained in the instructions promulgated by the
27 Illinois State Police on collecting saliva may collect saliva
28 for the purposes of this Section. The samples shall
29 thereafter be forwarded to the Illinois Department of State
30 Police, Division of Forensic Services, for analysis and
31 categorizing into genetic marker groupings.
32 (d-2) The Illinois Department of State Police shall
33 provide all equipment and instructions necessary for the
34 collection of tissue samples. The collection of tissue
-5- LRB093 05570 RLC 14046 a
1 samples shall be performed in a medically approved manner.
2 Only a person trained in the instructions promulgated by the
3 Illinois State Police on collecting tissue may collect tissue
4 for the purposes of this Section. The samples shall
5 thereafter be forwarded to the Illinois Department of State
6 Police, Division of Forensic Services, for analysis and
7 categorizing into genetic marker groupings.
8 (d-5) To the extent that funds are available, the
9 Illinois Department of State Police shall contract with
10 qualified personnel and certified laboratories for the
11 collection, analysis, and categorization of known samples.
12 (e) The genetic marker groupings shall be maintained by
13 the Illinois Department of State Police, Division of Forensic
14 Services.
15 (f) The genetic marker grouping analysis information
16 obtained pursuant to this Act shall be confidential and shall
17 be released only to peace officers of the United States, of
18 other states or territories, of the insular possessions of
19 the United States, of foreign countries duly authorized to
20 receive the same, to all peace officers of the State of
21 Illinois and to all prosecutorial agencies. The genetic
22 marker grouping analysis information obtained pursuant to
23 this Act shall be used only for (i) valid law enforcement
24 identification purposes and as required by the Federal Bureau
25 of Investigation for participation in the National DNA
26 database or (ii) technology validation purposes.
27 Notwithstanding any other statutory provision to the
28 contrary, all information obtained under this Section shall
29 be maintained in a single State data base, which may be
30 uploaded into a national database, and which information may
31 be subject to expungement only as set forth in subsection
32 (f-1).
33 (f-1) Upon receipt of notification of a reversal of a
34 conviction based on actual innocence, or of the granting of a
-6- LRB093 05570 RLC 14046 a
1 pardon pursuant to Section 12 of Article V of the Illinois
2 Constitution, if that pardon document specifically states
3 that the reason for the pardon is the actual innocence of an
4 individual whose DNA record has been stored in the State or
5 national DNA identification index in accordance with this
6 Section by the Illinois Department of State Police, the DNA
7 record shall be expunged from the DNA identification index,
8 and the Department shall by rule prescribe procedures to
9 ensure that the record and any samples, analyses, or other
10 documents relating to such record, whether in the possession
11 of the Department or any law enforcement or police agency, or
12 any forensic DNA laboratory, including any duplicates or
13 copies thereof, are destroyed and a letter is sent to the
14 court verifying the expungement is completed.
15 (f-5) Any person who intentionally uses genetic marker
16 grouping analysis information, or any other information
17 derived from a DNA sample, beyond the authorized uses as
18 provided under this Section, or any other Illinois law, is
19 guilty of a Class 4 felony, and shall be subject to a fine of
20 not less than $5,000.
21 (g) For the purposes of this Section, "qualifying
22 offense" means any of the following:
23 (1) any violation or inchoate violation of Section
24 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or 12-16 of the
25 Criminal Code of 1961;, or
26 (1.1) any violation or inchoate violation of
27 Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
28 18-3, 18-4, 19-1, or 19-2 of the Criminal Code of 1961
29 for which persons are convicted on or after July 1,
30 2001;, or
31 (2) any former statute of this State which defined
32 a felony sexual offense;, or
33 (3) (blank);, or
34 (4) any inchoate violation of Section 9-3.1,
-7- LRB093 05570 RLC 14046 a
1 11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961;,
2 or
3 (5) any violation or inchoate violation of Article
4 29D of the Criminal Code of 1961.
5 (g-5) (Blank).
6 (h) The Illinois Department of State Police shall be the
7 State central repository for all genetic marker grouping
8 analysis information obtained pursuant to this Act. The
9 Illinois Department of State Police may promulgate rules for
10 the form and manner of the collection of blood, saliva, or
11 tissue samples and other procedures for the operation of this
12 Act. The provisions of the Administrative Review Law shall
13 apply to all actions taken under the rules so promulgated.
14 (i) A person required to provide a blood, saliva, or
15 tissue specimen shall cooperate with the collection of the
16 specimen and any deliberate act by that person intended to
17 impede, delay or stop the collection of the blood, saliva, or
18 tissue specimen is a Class A misdemeanor.
19 (j) Any person required by subsection (a) to submit
20 specimens of blood, saliva, or tissue to the Illinois
21 Department of State Police for analysis and categorization
22 into genetic marker grouping, in addition to any other
23 disposition, penalty, or fine imposed, shall pay an analysis
24 fee of $200. If the analysis fee is not paid at the time of
25 sentencing, the court shall establish a fee schedule by which
26 the entire amount of the analysis fee shall be paid in full,
27 such schedule not to exceed 24 months from the time of
28 conviction. The inability to pay this analysis fee shall not
29 be the sole ground to incarcerate the person.
30 (k) All analysis and categorization fees provided for by
31 subsection (j) shall be regulated as follows:
32 (1) The State Offender DNA Identification System
33 Fund is hereby created as a special fund in the State
34 Treasury.
-8- LRB093 05570 RLC 14046 a
1 (2) All fees shall be collected by the clerk of the
2 court and forwarded to the State Offender DNA
3 Identification System Fund for deposit. The clerk of the
4 circuit court may retain the amount of $10 from each
5 collected analysis fee to offset administrative costs
6 incurred in carrying out the clerk's responsibilities
7 under this Section.
8 (3) Fees deposited into the State Offender DNA
9 Identification System Fund shall be used by Illinois
10 State Police crime laboratories as designated by the
11 Director of State Police. These funds shall be in
12 addition to any allocations made pursuant to existing
13 laws and shall be designated for the exclusive use of
14 State crime laboratories. These uses may include, but
15 are not limited to, the following:
16 (A) Costs incurred in providing analysis and
17 genetic marker categorization as required by
18 subsection (d).
19 (B) Costs incurred in maintaining genetic
20 marker groupings as required by subsection (e).
21 (C) Costs incurred in the purchase and
22 maintenance of equipment for use in performing
23 analyses.
24 (D) Costs incurred in continuing research and
25 development of new techniques for analysis and
26 genetic marker categorization.
27 (E) Costs incurred in continuing education,
28 training, and professional development of forensic
29 scientists regularly employed by these laboratories.
30 (l) The failure of a person to provide a specimen, or of
31 any person or agency to collect a specimen, within the 45 day
32 period shall in no way alter the obligation of the person to
33 submit such specimen, or the authority of the Illinois
34 Department of State Police or persons designated by the
-9- LRB093 05570 RLC 14046 a
1 Department to collect the specimen, or the authority of the
2 Illinois Department of State Police to accept, analyze and
3 maintain the specimen or to maintain or upload results of
4 genetic marker grouping analysis information into a State or
5 national database.
6 (Source: P.A. 91-528, eff. 1-1-00; 92-16, eff. 6-28-01;
7 92-40, eff. 6-29-01; 92-571, eff. 6-26-02; 92-600, eff.
8 6-28-02; 92-829, eff. 8-22-02; 92-854, eff. 12-5-02; revised
9 1-20-03.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.".