Illinois General Assembly - Bill Status for HB4825

Amends the Code of Criminal Procedure of 1963 and the Unified Code of Corrections. Provides that every person arrested who is suspected of committing a felony shall have a sample of his or her saliva or tissue taken for DNA analysis for the purpose of determining identity and for certain other specified purposes. Provides that the analysis shall be performed by the Department of State Police or any other public or private entity designated by the Department of State Police. Provides that the identification characteristics of the profile resulting from DNA analysis shall be stored and maintained by the Department of State Police or any public or private entity designated by the Department. Provides that the information may be maintained in a database that is separate from the genetic marker groupings maintained by the Department of State Police. Provides that the DNA profile shall be made available to all parties to a civil or criminal proceeding arising from the felony violation for which the DNA analysis was required. Effective immediately.

Provides that the DNA analysis of saliva and tissue samples of persons arrested for committing a felony shall be performed by the Department of State Police or an agent approved by the Department and the identification characteristics from the DNA analysis shall be stored and maintained by the Department or agent approved by the Department. Eliminates provision that the DNA profile shall be made available to all parties to a civil or criminal proceeding arising from the felony violation for which the DNA analysis was required. Provides that the results of the DNA analysis shall be subject to all confidentiality requirements of State and federal law. Eliminates the provision that the law enforcement officer may use reasonable force to obtain the saliva or tissue sample from an arrestee.

Deletes everything after the enacting clause. Reinserts the provisions of the bill as amended with the following changes: provides that: (1) the tissue or saliva samples shall be taken from a person arrested for a felony; (2) the samples shall be taken at the time of booking of the suspect; (3) the identification characteristics resulting from the DNA analysis shall be stored and maintained by the Department of State Police or the specific agent approved by the Department; (4) if charges are dismissed or an individual is found not guilty, that person's DNA samples shall be expunged; and (5) subject to appropriation, the Department of State Police shall implement these provisions. Provides that the amendatory provisions become operative no later than the earliest of the following: (1) two years after the effective date of the amendatory Act of the 93rd General Assembly; (2) the date on which the Department of State Police informs law enforcement agencies that the Department is ready to collect samples; or (3) January 1, 2007. Effective immediately.

×