Illinois General Assembly - Full Text of HB3811
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Full Text of HB3811  102nd General Assembly

HB3811enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3811 EnrolledLRB102 16096 RJF 21470 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of State Police Law of the Civil
5Administrative Code of Illinois is amended by changing
6Sections 2605-410 and 2605-595 as follows:
 
7    (20 ILCS 2605/2605-410)
8    Sec. 2605-410. Over Dimensional Load Police Escort Fund.
9To charge, collect, and receive fees or moneys as described in
10Section 15-312 of the Illinois Vehicle Code. All fees received
11by the Illinois State Police under Section 15-312 of the
12Illinois Vehicle Code shall be deposited into the Over
13Dimensional Load Police Escort Fund, a special fund that is
14created in the State treasury. Subject to appropriation, the
15money in the Over Dimensional Load Police Escort Fund shall be
16used by the Department for its expenses in providing police
17escorts and commercial vehicle enforcement activities. This
18Fund is dissolved upon the transfer of the remaining balance
19from the Over Dimensional Load Police Escort Fund to the State
20Police Operations Assistance Fund as provided under subsection
21(a-5) of Section 6z-82 of the State Finance Act. This Section
22is repealed on January 1, 2023.
23(Source: P.A. 95-787, eff. 1-1-09.)
 

 

 

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1    (20 ILCS 2605/2605-595)
2    Sec. 2605-595. State Police Firearm Services Fund.
3    (a) There is created in the State treasury a special fund
4known as the State Police Firearm Services Fund. The Fund
5shall receive revenue under the Firearm Concealed Carry Act,
6the Firearm Dealer License Certification Act, and Section 5 of
7the Firearm Owners Identification Card Act. The Fund may also
8receive revenue from grants, pass-through grants, donations,
9appropriations, and any other legal source.
10    (a-5) Notwithstanding any other provision of law to the
11contrary, and in addition to any other transfers that may be
12provided by law, on the effective date of this amendatory Act
13of the 102nd General Assembly, or as soon thereafter as
14practical, the State Comptroller shall direct and the State
15Treasurer shall transfer the remaining balance from the
16Firearm Dealer License Certification Fund into the State
17Police Firearm Services Fund. Upon completion of the transfer,
18the Firearm Dealer License Certification Fund is dissolved,
19and any future deposits due to that Fund and any outstanding
20obligations or liabilities of that Fund shall pass to the
21State Police Firearm Services Fund.
22    (b) The Illinois Department of State Police may use moneys
23in the Fund to finance any of its lawful purposes, mandates,
24functions, and duties under the Firearm Owners Identification
25Card Act, the Firearm Dealer License Certification Act, and

 

 

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1the Firearm Concealed Carry Act, including the cost of sending
2notices of expiration of Firearm Owner's Identification Cards,
3concealed carry licenses, the prompt and efficient processing
4of applications under the Firearm Owners Identification Card
5Act and the Firearm Concealed Carry Act, the improved
6efficiency and reporting of the LEADS and federal NICS law
7enforcement data systems, and support for investigations
8required under these Acts and law. Any surplus funds beyond
9what is needed to comply with the aforementioned purposes
10shall be used by the Illinois State Police Department to
11improve the Law Enforcement Agencies Data System (LEADS) and
12criminal history background check system.
13    (c) Investment income that is attributable to the
14investment of moneys in the Fund shall be retained in the Fund
15for the uses specified in this Section.
16(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
17    Section 10. The State Finance Act is amended by changing
18Sections 5.457, 5.714, 5.664, 5.892, and 6z-82 as follows:
 
19    (30 ILCS 105/5.457)
20    Sec. 5.457. The State Offender DNA Identification System
21Fund. This Fund is dissolved upon the transfer of the
22remaining balance from the State Offender DNA Identification
23System Fund to the State Crime Laboratory Fund as provided
24under subsection (e) of Section 5-9-1.4 of the Unified Code of

 

 

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1Corrections. This Section is repealed on January 1, 2023.
2(Source: P.A. 90-130, eff. 1-1-98; 90-655, eff. 7-30-98.)
 
3    (30 ILCS 105/5.664)
4    Sec. 5.664. The State Police Vehicle Maintenance Fund.
5This Fund is dissolved upon the transfer of the remaining
6balance from the State Police Vehicle Maintenance Fund to the
7State Police Vehicle Fund as provided under subsection (b) of
8Section 7c of the State Property Control Act. This Section is
9repealed on January 1, 2023.
10(Source: P.A. 94-839, eff. 6-6-06.)
 
11    (30 ILCS 105/5.714)
12    Sec. 5.714. The Over Dimensional Load Police Escort Fund.
13This Fund is dissolved upon the transfer of the remaining
14balance from the Over Dimensional Load Police Escort Fund to
15the State Police Operations Assistance Fund as provided under
16subsection (a-5) of Section 6z-82 of the State Finance Act.
17This Section is repealed on January 1, 2023.
18(Source: P.A. 95-787, eff. 1-1-09; 96-328, eff. 8-11-09.)
 
19    (30 ILCS 105/5.892)
20    Sec. 5.892. The Firearm Dealer License Certification Fund.
21This Fund is dissolved upon the transfer of the remaining
22balance from the Firearm Dealer License Certification Fund to
23the State Police Firearm Services Fund as provided under

 

 

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1subsection (a-5) of Section 2605-595 of the Department of
2State Police Law of the Civil Administrative Code of Illinois.
3This Section is repealed on January 1, 2023.
4(Source: P.A. 100-1178, eff. 1-18-19; 101-81, eff. 7-12-19.)
 
5    (30 ILCS 105/6z-82)
6    Sec. 6z-82. State Police Operations Assistance Fund.
7    (a) There is created in the State treasury a special fund
8known as the State Police Operations Assistance Fund. The Fund
9shall receive revenue under the Criminal and Traffic
10Assessment Act. The Fund may also receive revenue from grants,
11donations, appropriations, and any other legal source.
12    (a-5) Notwithstanding any other provision of law to the
13contrary, and in addition to any other transfers that may be
14provided by law, on the effective date of this amendatory Act
15of the 102nd General Assembly, or as soon thereafter as
16practical, the State Comptroller shall direct and the State
17Treasurer shall transfer the remaining balance from the Over
18Dimensional Load Police Escort Fund into the State Police
19Operations Assistance Fund. Upon completion of the transfer,
20the Over Dimensional Load Police Escort Fund is dissolved, and
21any future deposits due to that Fund and any outstanding
22obligations or liabilities of that Fund shall pass to the
23State Police Operations Assistance Fund.
24    This Fund may charge, collect, and receive fees or moneys
25as described in Section 15-312 of the Illinois Vehicle Code,

 

 

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1and receive all fees received by the Illinois State Police
2under that Section. The moneys shall be used by the Illinois
3State Police for its expenses in providing police escorts and
4commercial vehicle enforcement activities.
5    (b) The Illinois Department of State Police may use moneys
6in the Fund to finance any of its lawful purposes or functions.
7    (c) Expenditures may be made from the Fund only as
8appropriated by the General Assembly by law.
9    (d) Investment income that is attributable to the
10investment of moneys in the Fund shall be retained in the Fund
11for the uses specified in this Section.
12    (e) The State Police Operations Assistance Fund shall not
13be subject to administrative chargebacks.
14    (f) Notwithstanding any other provision of State law to
15the contrary, on or after July 1, 2012, and until June 30,
162013, in addition to any other transfers that may be provided
17for by law, at the direction of and upon notification from the
18Director of the Illinois State Police, the State Comptroller
19shall direct and the State Treasurer shall transfer amounts
20into the State Police Operations Assistance Fund from the
21designated funds not exceeding the following totals:
22    State Police Vehicle Fund.....................$2,250,000
23    State Police Wireless Service
24        Emergency Fund............................$2,500,000
25    State Police Services Fund....................$3,500,000
26(Source: P.A. 100-987, eff. 7-1-19.)
 

 

 

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1    Section 15. The State Property Control Act is amended by
2changing Sections 7b and 7c as follows:
 
3    (30 ILCS 605/7b)
4    Sec. 7b. Maintenance and operation of State Police
5vehicles. All proceeds received by the Department of Central
6Management Services under this Act from the sale of vehicles
7operated by the Illinois Department of State Police shall be
8deposited into the State Police Vehicle Fund State Police
9Vehicle Maintenance Fund.
10    The State Police Vehicle Maintenance Fund is created as a
11special fund in the State treasury. All moneys in the State
12Police Vehicle Maintenance Fund, subject to appropriation,
13shall be used by the Department of State Police for the
14maintenance and operation of vehicles for that Department.
15(Source: P.A. 101-636, eff. 6-10-20.)
 
16    (30 ILCS 605/7c)
17    Sec. 7c. Acquisition of State Police vehicles.
18    (a) The State Police Vehicle Fund is created as a special
19fund in the State treasury. All moneys in the Fund, subject to
20appropriation, shall be used by the Illinois Department of
21State Police:
22        (1) for the acquisition of vehicles for the Illinois
23    State Police that Department; or

 

 

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1        (2) for debt service on bonds issued to finance the
2    acquisition of vehicles for the Illinois State Police; or
3    that Department.
4        (3) for the maintenance and operation of vehicles for
5    the Illinois State Police.
6    (b) Notwithstanding any other provision of law to the
7contrary, and in addition to any other transfers that may be
8provided by law, on the effective date of this amendatory Act
9of the 102nd General Assembly, or as soon thereafter as
10practicable, the State Comptroller shall direct and the State
11Treasurer shall transfer the remaining balance from the State
12Police Vehicle Maintenance Fund into the State Police Vehicle
13Fund. Upon completion of the transfer, the State Police
14Vehicle Maintenance Fund is dissolved, and any future deposits
15due to that Fund and any outstanding obligations or
16liabilities of that Fund shall pass to the State Police
17Vehicle Fund.
18(Source: P.A. 100-987, eff. 7-1-19.)
 
19    Section 20. The Firearm Dealer License Certification Act
20is amended by changing Section 5-70 as follows:
 
21    (430 ILCS 68/5-70)
22    Sec. 5-70. Fees and fines deposited in the State Police
23Firearm Services Fund Firearm Dealer License Certification
24Fund. The Illinois State Police Department shall set and

 

 

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1collect a fee for each licensee certifying under this Act. The
2fee may not exceed $300 for a certified licensee operating
3without a retail location. The fee may not exceed $1,500 for
4any certified licensee operating with a retail location. The
5Illinois State Police Department may not charge a certified
6licensee in this State, operating under the same or different
7business name, fees exceeding $40,000 for the certification of
8multiple licenses. All fees and fines collected under this Act
9shall be deposited in the State Police Firearm Services Fund
10Firearm Dealer License Certification Fund which is created in
11the State treasury. Moneys in the Fund shall be used for
12implementation and administration of this Act.
13(Source: P.A. 100-1178, eff. 1-18-19.)
 
14    Section 25. The Illinois Vehicle Code is amended by
15changing Section 15-312 as follows:
 
16    (625 ILCS 5/15-312)  (from Ch. 95 1/2, par. 15-312)
17    Sec. 15-312. Fees for police escort. When State Police
18escorts are required by the Department of Transportation for
19the safety of the motoring public, the following fees shall be
20paid by the applicant:
21        (1) to the Department of Transportation: $40 per hour
22    per vehicle based upon the pre-estimated time of the
23    movement to be agreed upon between the Department and the
24    applicant, with a minimum fee of $80 per vehicle; and

 

 

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1        (2) to the Illinois State Police: $75 per hour per
2    State Police vehicle based upon the actual time of the
3    movement, with a minimum fee of $300 per State Police
4    vehicle. The Illinois State Police shall remit the moneys
5    to the State Treasurer, who shall deposit the moneys into
6    the State Police Operations Assistance Fund Over
7    Dimensional Load Police Escort Fund.
8    The actual time of the movement shall be the time the
9police escort is required to pick up the movement to the time
10the movement is completed. Any delays or breakdowns shall be
11considered part of the movement time. Any fraction of an hour
12shall be rounded up to the next whole hour.
13(Source: P.A. 100-1090, eff. 1-1-19.)
 
14    Section 30. The Criminal and Traffic Assessment Act is
15amended by changing Section 15-70 as follows:
 
16    (705 ILCS 135/15-70)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 15-70. Conditional assessments. In addition to
19payments under one of the Schedule of Assessments 1 through 13
20of this Act, the court shall also order payment of any of the
21following conditional assessment amounts for each sentenced
22violation in the case to which a conditional assessment is
23applicable, which shall be collected and remitted by the Clerk
24of the Circuit Court as provided in this Section:

 

 

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1        (1) arson, residential arson, or aggravated arson,
2    $500 per conviction to the State Treasurer for deposit
3    into the Fire Prevention Fund;
4        (2) child pornography under Section 11-20.1 of the
5    Criminal Code of 1961 or the Criminal Code of 2012, $500
6    per conviction, unless more than one agency is responsible
7    for the arrest in which case the amount shall be remitted
8    to each unit of government equally:
9            (A) if the arresting agency is an agency of a unit
10        of local government, $500 to the treasurer of the unit
11        of local government for deposit into the unit of local
12        government's General Fund, except that if the Illinois
13        Department of State Police provides digital or
14        electronic forensic examination assistance, or both,
15        to the arresting agency then $100 to the State
16        Treasurer for deposit into the State Crime Laboratory
17        Fund; or
18            (B) if the arresting agency is the Illinois
19        Department of State Police, $500 to the State
20        Treasurer for deposit into the State Crime Laboratory
21        Fund;
22        (3) crime laboratory drug analysis for a drug-related
23    offense involving possession or delivery of cannabis or
24    possession or delivery of a controlled substance as
25    defined in the Cannabis Control Act, the Illinois
26    Controlled Substances Act, or the Methamphetamine Control

 

 

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1    and Community Protection Act, $100 reimbursement for
2    laboratory analysis, as set forth in subsection (f) of
3    Section 5-9-1.4 of the Unified Code of Corrections;
4        (4) DNA analysis, $250 on each conviction in which it
5    was used to the State Treasurer for deposit into the State
6    Crime Laboratory Fund State Offender DNA Identification
7    System Fund as set forth in Section 5-9-1.4 5-4-3 of the
8    Unified Code of Corrections;
9        (5) DUI analysis, $150 on each sentenced violation in
10    which it was used as set forth in subsection (f) of Section
11    5-9-1.9 of the Unified Code of Corrections;
12        (6) drug-related offense involving possession or
13    delivery of cannabis or possession or delivery of a
14    controlled substance, other than methamphetamine, as
15    defined in the Cannabis Control Act or the Illinois
16    Controlled Substances Act, an amount not less than the
17    full street value of the cannabis or controlled substance
18    seized for each conviction to be disbursed as follows:
19            (A) 12.5% of the street value assessment shall be
20        paid into the Youth Drug Abuse Prevention Fund, to be
21        used by the Department of Human Services for the
22        funding of programs and services for drug-abuse
23        treatment, and prevention and education services;
24            (B) 37.5% to the county in which the charge was
25        prosecuted, to be deposited into the county General
26        Fund;

 

 

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1            (C) 50% to the treasurer of the arresting law
2        enforcement agency of the municipality or county, or
3        to the State Treasurer if the arresting agency was a
4        state agency;
5            (D) if the arrest was made in combination with
6        multiple law enforcement agencies, the clerk shall
7        equitably allocate the portion in subparagraph (C) of
8        this paragraph (6) among the law enforcement agencies
9        involved in the arrest;
10        (6.5) Kane County or Will County, in felony,
11    misdemeanor, local or county ordinance, traffic, or
12    conservation cases, up to $30 as set by the county board
13    under Section 5-1101.3 of the Counties Code upon the entry
14    of a judgment of conviction, an order of supervision, or a
15    sentence of probation without entry of judgment under
16    Section 10 of the Cannabis Control Act, Section 410 of the
17    Illinois Controlled Substances Act, Section 70 of the
18    Methamphetamine Control and Community Protection Act,
19    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
20    the Criminal Code of 1961 or the Criminal Code of 2012,
21    Section 10-102 of the Illinois Alcoholism and Other Drug
22    Dependency Act, or Section 10 of the Steroid Control Act;
23    except in local or county ordinance, traffic, and
24    conservation cases, if fines are paid in full without a
25    court appearance, then the assessment shall not be imposed
26    or collected. Distribution of assessments collected under

 

 

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1    this paragraph (6.5) shall be as provided in Section
2    5-1101.3 of the Counties Code;
3        (7) methamphetamine-related offense involving
4    possession or delivery of methamphetamine or any salt of
5    an optical isomer of methamphetamine or possession of a
6    methamphetamine manufacturing material as set forth in
7    Section 10 of the Methamphetamine Control and Community
8    Protection Act with the intent to manufacture a substance
9    containing methamphetamine or salt of an optical isomer of
10    methamphetamine, an amount not less than the full street
11    value of the methamphetamine or salt of an optical isomer
12    of methamphetamine or methamphetamine manufacturing
13    materials seized for each conviction to be disbursed as
14    follows:
15            (A) 12.5% of the street value assessment shall be
16        paid into the Youth Drug Abuse Prevention Fund, to be
17        used by the Department of Human Services for the
18        funding of programs and services for drug-abuse
19        treatment, and prevention and education services;
20            (B) 37.5% to the county in which the charge was
21        prosecuted, to be deposited into the county General
22        Fund;
23            (C) 50% to the treasurer of the arresting law
24        enforcement agency of the municipality or county, or
25        to the State Treasurer if the arresting agency was a
26        state agency;

 

 

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1            (D) if the arrest was made in combination with
2        multiple law enforcement agencies, the clerk shall
3        equitably allocate the portion in subparagraph (C) of
4        this paragraph (6) among the law enforcement agencies
5        involved in the arrest;
6        (8) order of protection violation under Section 12-3.4
7    of the Criminal Code of 2012, $200 for each conviction to
8    the county treasurer for deposit into the Probation and
9    Court Services Fund for implementation of a domestic
10    violence surveillance program and any other assessments or
11    fees imposed under Section 5-9-1.16 of the Unified Code of
12    Corrections;
13        (9) order of protection violation, $25 for each
14    violation to the State Treasurer, for deposit into the
15    Domestic Violence Abuser Services Fund;
16        (10) prosecution by the State's Attorney of a:
17            (A) petty or business offense, $4 to the county
18        treasurer of which $2 deposited into the State's
19        Attorney Records Automation Fund and $2 into the
20        Public Defender Records Automation Fund;
21            (B) conservation or traffic offense, $2 to the
22        county treasurer for deposit into the State's Attorney
23        Records Automation Fund;
24        (11) speeding in a construction zone violation, $250
25    to the State Treasurer for deposit into the Transportation
26    Safety Highway Hire-back Fund, unless (i) the violation

 

 

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1    occurred on a highway other than an interstate highway and
2    (ii) a county police officer wrote the ticket for the
3    violation, in which case to the county treasurer for
4    deposit into that county's Transportation Safety Highway
5    Hire-back Fund;
6        (12) supervision disposition on an offense under the
7    Illinois Vehicle Code or similar provision of a local
8    ordinance, 50 cents, unless waived by the court, into the
9    Prisoner Review Board Vehicle and Equipment Fund;
10        (13) victim and offender are family or household
11    members as defined in Section 103 of the Illinois Domestic
12    Violence Act of 1986 and offender pleads guilty or no
13    contest to or is convicted of murder, voluntary
14    manslaughter, involuntary manslaughter, burglary,
15    residential burglary, criminal trespass to residence,
16    criminal trespass to vehicle, criminal trespass to land,
17    criminal damage to property, telephone harassment,
18    kidnapping, aggravated kidnaping, unlawful restraint,
19    forcible detention, child abduction, indecent solicitation
20    of a child, sexual relations between siblings,
21    exploitation of a child, child pornography, assault,
22    aggravated assault, battery, aggravated battery, heinous
23    battery, aggravated battery of a child, domestic battery,
24    reckless conduct, intimidation, criminal sexual assault,
25    predatory criminal sexual assault of a child, aggravated
26    criminal sexual assault, criminal sexual abuse, aggravated

 

 

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1    criminal sexual abuse, violation of an order of
2    protection, disorderly conduct, endangering the life or
3    health of a child, child abandonment, contributing to
4    dependency or neglect of child, or cruelty to children and
5    others, $200 for each sentenced violation to the State
6    Treasurer for deposit as follows: (i) for sexual assault,
7    as defined in Section 5-9-1.7 of the Unified Code of
8    Corrections, when the offender and victim are family
9    members, one-half to the Domestic Violence Shelter and
10    Service Fund, and one-half to the Sexual Assault Services
11    Fund; (ii) for the remaining offenses to the Domestic
12    Violence Shelter and Service Fund;
13        (14) violation of Section 11-501 of the Illinois
14    Vehicle Code, Section 5-7 of the Snowmobile Registration
15    and Safety Act, Section 5-16 of the Boat Registration and
16    Safety Act, or a similar provision, whose operation of a
17    motor vehicle, snowmobile, or watercraft while in
18    violation of Section 11-501, Section 5-7 of the Snowmobile
19    Registration and Safety Act, Section 5-16 of the Boat
20    Registration and Safety Act, or a similar provision
21    proximately caused an incident resulting in an appropriate
22    emergency response, $1,000 maximum to the public agency
23    that provided an emergency response related to the
24    person's violation, and if more than one agency responded,
25    the amount payable to public agencies shall be shared
26    equally;

 

 

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1        (15) violation of Section 401, 407, or 407.2 of the
2    Illinois Controlled Substances Act that proximately caused
3    any incident resulting in an appropriate drug-related
4    emergency response, $1,000 as reimbursement for the
5    emergency response to the law enforcement agency that made
6    the arrest, and if more than one agency is responsible for
7    the arrest, the amount payable to law enforcement agencies
8    shall be shared equally;
9        (16) violation of reckless driving, aggravated
10    reckless driving, or driving 26 miles per hour or more in
11    excess of the speed limit that triggered an emergency
12    response, $1,000 maximum reimbursement for the emergency
13    response to be distributed in its entirety to a public
14    agency that provided an emergency response related to the
15    person's violation, and if more than one agency responded,
16    the amount payable to public agencies shall be shared
17    equally;
18        (17) violation based upon each plea of guilty,
19    stipulation of facts, or finding of guilt resulting in a
20    judgment of conviction or order of supervision for an
21    offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
22    the Criminal Code of 2012 that results in the imposition
23    of a fine, to be distributed as follows:
24            (A) $50 to the county treasurer for deposit into
25        the Circuit Court Clerk Operation and Administrative
26        Fund to cover the costs in administering this

 

 

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1        paragraph (17);
2            (B) $300 to the State Treasurer who shall deposit
3        the portion as follows:
4                (i) if the arresting or investigating agency
5            is the Illinois Department of State Police, into
6            the State Police Law Enforcement Administration
7            Fund;
8                (ii) if the arresting or investigating agency
9            is the Department of Natural Resources, into the
10            Conservation Police Operations Assistance Fund;
11                (iii) if the arresting or investigating agency
12            is the Secretary of State, into the Secretary of
13            State Police Services Fund;
14                (iv) if the arresting or investigating agency
15            is the Illinois Commerce Commission, into the
16            Transportation Regulatory Fund; or
17                (v) if more than one of the State agencies in
18            this subparagraph (B) is the arresting or
19            investigating agency, then equal shares with the
20            shares deposited as provided in the applicable
21            items (i) through (iv) of this subparagraph (B);
22            and
23            (C) the remainder for deposit into the Specialized
24        Services for Survivors of Human Trafficking Fund;
25        (18) weapons violation under Section 24-1.1, 24-1.2,
26    or 24-1.5 of the Criminal Code of 1961 or the Criminal Code

 

 

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1    of 2012, $100 for each conviction to the State Treasurer
2    for deposit into the Trauma Center Fund; and
3        (19) violation of subsection (c) of Section 11-907 of
4    the Illinois Vehicle Code, $250 to the State Treasurer for
5    deposit into the Scott's Law Fund, unless a county or
6    municipal police officer wrote the ticket for the
7    violation, in which case to the county treasurer for
8    deposit into that county's or municipality's
9    Transportation Safety Highway Hire-back Fund to be used as
10    provided in subsection (j) of Section 11-907 of the
11    Illinois Vehicle Code.
12(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19;
13101-173, eff. 1-1-20; 101-636, eff. 6-10-20.)
 
14    Section 35. The Unified Code of Corrections is amended by
15changing Sections 5-4-3 and 5-9-1.4 as follows:
 
16    (730 ILCS 5/5-4-3)  (from Ch. 38, par. 1005-4-3)
17    Sec. 5-4-3. Specimens; genetic marker groups.
18    (a) Any person convicted of, found guilty under the
19Juvenile Court Act of 1987 for, or who received a disposition
20of court supervision for, a qualifying offense or attempt of a
21qualifying offense, convicted or found guilty of any offense
22classified as a felony under Illinois law, convicted or found
23guilty of any offense requiring registration under the Sex
24Offender Registration Act, found guilty or given supervision

 

 

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1for any offense classified as a felony under the Juvenile
2Court Act of 1987, convicted or found guilty of, under the
3Juvenile Court Act of 1987, any offense requiring registration
4under the Sex Offender Registration Act, or institutionalized
5as a sexually dangerous person under the Sexually Dangerous
6Persons Act, or committed as a sexually violent person under
7the Sexually Violent Persons Commitment Act shall, regardless
8of the sentence or disposition imposed, be required to submit
9specimens of blood, saliva, or tissue to the Illinois
10Department of State Police in accordance with the provisions
11of this Section, provided such person is:
12        (1) convicted of a qualifying offense or attempt of a
13    qualifying offense on or after July 1, 1990 and sentenced
14    to a term of imprisonment, periodic imprisonment, fine,
15    probation, conditional discharge or any other form of
16    sentence, or given a disposition of court supervision for
17    the offense;
18        (1.5) found guilty or given supervision under the
19    Juvenile Court Act of 1987 for a qualifying offense or
20    attempt of a qualifying offense on or after January 1,
21    1997;
22        (2) ordered institutionalized as a sexually dangerous
23    person on or after July 1, 1990;
24        (3) convicted of a qualifying offense or attempt of a
25    qualifying offense before July 1, 1990 and is presently
26    confined as a result of such conviction in any State

 

 

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1    correctional facility or county jail or is presently
2    serving a sentence of probation, conditional discharge or
3    periodic imprisonment as a result of such conviction;
4        (3.5) convicted or found guilty of any offense
5    classified as a felony under Illinois law or found guilty
6    or given supervision for such an offense under the
7    Juvenile Court Act of 1987 on or after August 22, 2002;
8        (4) presently institutionalized as a sexually
9    dangerous person or presently institutionalized as a
10    person found guilty but mentally ill of a sexual offense
11    or attempt to commit a sexual offense; or
12        (4.5) ordered committed as a sexually violent person
13    on or after the effective date of the Sexually Violent
14    Persons Commitment Act.
15    (a-1) Any person incarcerated in a facility of the
16Illinois Department of Corrections or the Illinois Department
17of Juvenile Justice on or after August 22, 2002, whether for a
18term of years, natural life, or a sentence of death, who has
19not yet submitted a specimen of blood, saliva, or tissue shall
20be required to submit a specimen of blood, saliva, or tissue
21prior to his or her final discharge, or release on parole,
22aftercare release, or mandatory supervised release, as a
23condition of his or her parole, aftercare release, or
24mandatory supervised release, or within 6 months from August
2513, 2009 (the effective date of Public Act 96-426), whichever
26is sooner. A person incarcerated on or after August 13, 2009

 

 

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1(the effective date of Public Act 96-426) shall be required to
2submit a specimen within 45 days of incarceration, or prior to
3his or her final discharge, or release on parole, aftercare
4release, or mandatory supervised release, as a condition of
5his or her parole, aftercare release, or mandatory supervised
6release, whichever is sooner. These specimens shall be placed
7into the State or national DNA database, to be used in
8accordance with other provisions of this Section, by the
9Illinois State Police.
10    (a-2) Any person sentenced to life imprisonment in a
11facility of the Illinois Department of Corrections after the
12effective date of this amendatory Act of the 94th General
13Assembly or sentenced to death after the effective date of
14this amendatory Act of the 94th General Assembly shall be
15required to provide a specimen of blood, saliva, or tissue
16within 45 days after sentencing or disposition at a collection
17site designated by the Illinois Department of State Police.
18Any person serving a sentence of life imprisonment in a
19facility of the Illinois Department of Corrections on the
20effective date of this amendatory Act of the 94th General
21Assembly or any person who is under a sentence of death on the
22effective date of this amendatory Act of the 94th General
23Assembly shall be required to provide a specimen of blood,
24saliva, or tissue upon request at a collection site designated
25by the Illinois Department of State Police.
26    (a-3) Any person seeking transfer to or residency in

 

 

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

 

 

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1        (D) aggravated criminal sexual assault; or
2        (E) criminal sexual assault.
3    (a-3.3) Any person required to register as a sex offender
4under the Sex Offender Registration Act, regardless of the
5date of conviction as set forth in subsection (c-5.2) shall be
6required to provide a specimen of blood, saliva, or tissue
7within the time period prescribed in subsection (c-5.2) at a
8collection site designated by the Illinois Department of State
9Police.
10    (a-5) Any person who was otherwise convicted of or
11received a disposition of court supervision for any other
12offense under the Criminal Code of 1961 or the Criminal Code of
132012 or who was found guilty or given supervision for such a
14violation under the Juvenile Court Act of 1987, may,
15regardless of the sentence imposed, be required by an order of
16the court to submit specimens of blood, saliva, or tissue to
17the Illinois Department of State Police in accordance with the
18provisions of this Section.
19    (b) Any person required by paragraphs (a)(1), (a)(1.5),
20(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
21saliva, or tissue shall provide specimens of blood, saliva, or
22tissue within 45 days after sentencing or disposition at a
23collection site designated by the Illinois Department of State
24Police.
25    (c) Any person required by paragraphs (a)(3), (a)(4), and
26(a)(4.5) to provide specimens of blood, saliva, or tissue

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1national DNA identification index in accordance with this
2Section by the Illinois Department of State Police, the DNA
3record shall be expunged from the DNA identification index,
4and the Department shall by rule prescribe procedures to
5ensure that the record and any specimens, analyses, or other
6documents relating to such record, whether in the possession
7of the Department or any law enforcement or police agency, or
8any 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 record for an individual shall be expunged
14from the DNA identification databases and the specimen
15destroyed upon receipt of a certified copy of a final court
16order for each charge against an individual in which the
17charge has been dismissed, resulted in acquittal, or that the
18charge was not filed within the applicable time period. The
19Department shall by rule prescribe procedures to ensure that
20the record and any specimens in the possession or control of
21the Department are destroyed and a letter is sent to the court
22verifying the expungement is completed.
23    (f-5) Any person who intentionally uses genetic marker
24grouping analysis information, or any other information
25derived from a DNA specimen, beyond the authorized uses as
26provided under this Section, or any other Illinois law, is

 

 

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1guilty of a Class 4 felony, and shall be subject to a fine of
2not less than $5,000.
3    (f-6) The Illinois Department of State Police may contract
4with third parties for the purposes of implementing this
5amendatory Act of the 93rd General Assembly, except as
6provided in subsection (n) of this Section. Any other party
7contracting to carry out the functions of this Section shall
8be subject to the same restrictions and requirements of this
9Section insofar as applicable, as the Illinois Department of
10State Police, and to any additional restrictions imposed by
11the Illinois Department of State Police.
12    (g) For the purposes of this Section, "qualifying offense"
13means any of the following:
14        (1) any violation or inchoate violation of Section
15    11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or
16    12-16 of the Criminal Code of 1961 or the Criminal Code of
17    2012;
18        (1.1) any violation or inchoate violation of Section
19    9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
20    18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of
21    1961 or the Criminal Code of 2012 for which persons are
22    convicted on or after July 1, 2001;
23        (2) any former statute of this State which defined a
24    felony sexual offense;
25        (3) (blank);
26        (4) any inchoate violation of Section 9-3.1, 9-3.4,

 

 

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1    11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or
2    the Criminal Code of 2012; or
3        (5) any violation or inchoate violation of Article 29D
4    of the Criminal Code of 1961 or the Criminal Code of 2012.
5    (g-5) (Blank).
6    (h) The Illinois Department of State Police shall be the
7State central repository for all genetic marker grouping
8analysis information obtained pursuant to this Act. The
9Illinois Department of State Police may promulgate rules for
10the form and manner of the collection of blood, saliva, or
11tissue specimens and other procedures for the operation of
12this Act. The provisions of the Administrative Review Law
13shall apply to all actions taken under the rules so
14promulgated.
15    (i) (1) A person required to provide a blood, saliva, or
16    tissue specimen shall cooperate with the collection of the
17    specimen and any deliberate act by that person intended to
18    impede, delay or stop the collection of the blood, saliva,
19    or tissue specimen is a Class 4 felony.
20        (2) In the event that a person's DNA specimen is not
21    adequate for any reason, the person shall provide another
22    DNA specimen for analysis. Duly authorized law enforcement
23    and corrections personnel may employ reasonable force in
24    cases in which an individual refuses to provide a DNA
25    specimen required under this Act.
26    (j) (Blank).

 

 

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1    (k) All analysis and categorization assessments provided
2under the Criminal and Traffic Assessments Act to the State
3Crime Laboratory Fund State Offender DNA Identification System
4Fund shall be regulated as follows:
5        (1) (Blank). The State Offender DNA Identification
6    System Fund is hereby created as a special fund in the
7    State Treasury.
8        (2) (Blank).
9        (3) Moneys deposited into the State Crime Laboratory
10    Fund State Offender DNA Identification System Fund shall
11    be used by Illinois State Police crime laboratories as
12    designated by the Director of the Illinois State Police.
13    These funds shall be in addition to any allocations made
14    pursuant to existing laws and shall be designated for the
15    exclusive use of State crime laboratories. These uses may
16    include, but are not limited to, the following:
17            (A) Costs incurred in providing analysis and
18        genetic marker categorization as required by
19        subsection (d).
20            (B) Costs incurred in maintaining genetic marker
21        groupings as required by subsection (e).
22            (C) Costs incurred in the purchase and maintenance
23        of equipment for use in performing analyses.
24            (D) Costs incurred in continuing research and
25        development of new techniques for analysis and genetic
26        marker categorization.

 

 

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1            (E) Costs incurred in continuing education,
2        training, and professional development of forensic
3        scientists regularly employed by these laboratories.
4    (l) The failure of a person to provide a specimen, or of
5any person or agency to collect a specimen, shall in no way
6alter the obligation of the person to submit such specimen, or
7the authority of the Illinois Department of State Police or
8persons designated by the Illinois State Police Department to
9collect the specimen, or the authority of the Illinois
10Department of State Police to accept, analyze and maintain the
11specimen or to maintain or upload results of genetic marker
12grouping analysis information into a State or national
13database.
14    (m) If any provision of this amendatory Act of the 93rd
15General Assembly is held unconstitutional or otherwise
16invalid, the remainder of this amendatory Act of the 93rd
17General Assembly is not affected.
18    (n) Neither the Illinois Department of State Police, the
19Division of Forensic Services, nor any laboratory of the
20Division of Forensic Services may contract out forensic
21testing for the purpose of an active investigation or a matter
22pending before a court of competent jurisdiction without the
23written consent of the prosecuting agency. For the purposes of
24this subsection (n), "forensic testing" includes the analysis
25of physical evidence in an investigation or other proceeding
26for the prosecution of a violation of the Criminal Code of 1961

 

 

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1or the Criminal Code of 2012 or for matters adjudicated under
2the Juvenile Court Act of 1987, and includes the use of
3forensic databases and databanks, including DNA, firearm, and
4fingerprint databases, and expert testimony.
5    (o) Mistake does not invalidate a database match. The
6detention, arrest, or conviction of a person based upon a
7database match or database information is not invalidated if
8it is determined that the specimen was obtained or placed in
9the database by mistake.
10    (p) This Section may be referred to as the Illinois DNA
11Database Law of 2011.
12(Source: P.A. 100-987, eff. 7-1-19.)
 
13    (730 ILCS 5/5-9-1.4)  (from Ch. 38, par. 1005-9-1.4)
14    Sec. 5-9-1.4. (a) "Crime laboratory" means any
15not-for-profit laboratory registered with the Drug Enforcement
16Administration of the United States Department of Justice,
17substantially funded by a unit or combination of units of
18local government or the State of Illinois, which regularly
19employs at least one person engaged in the analysis of
20controlled substances, cannabis, methamphetamine, or steroids
21for criminal justice agencies in criminal matters and provides
22testimony with respect to such examinations.
23    (b) (Blank).
24    (c) In addition to any other disposition made pursuant to
25the provisions of the Juvenile Court Act of 1987, any minor

 

 

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1adjudicated delinquent for an offense which if committed by an
2adult would constitute a violation of the Cannabis Control
3Act, the Illinois Controlled Substances Act, the
4Methamphetamine Control and Community Protection Act, or the
5Steroid Control Act shall be required to pay a criminal
6laboratory analysis assessment of $100 for each adjudication.
7Upon verified petition of the minor, the court may suspend
8payment of all or part of the assessment if it finds that the
9minor does not have the ability to pay the assessment. The
10parent, guardian or legal custodian of the minor may pay some
11or all of such assessment on the minor's behalf.
12    (d) All criminal laboratory analysis fees provided for by
13this Section shall be collected by the clerk of the court and
14forwarded to the appropriate crime laboratory fund as provided
15in subsection (f).
16    (e) Crime laboratory funds shall be established as
17follows:
18        (1) Any unit of local government which maintains a
19    crime laboratory may establish a crime laboratory fund
20    within the office of the county or municipal treasurer.
21        (2) Any combination of units of local government which
22    maintains a crime laboratory may establish a crime
23    laboratory fund within the office of the treasurer of the
24    county where the crime laboratory is situated.
25        (3) The State Crime Laboratory Fund is hereby created
26    as a special fund in the State Treasury. Notwithstanding

 

 

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1    any other provision of law to the contrary, and in
2    addition to any other transfers that may be provided by
3    law, on the effective date of this amendatory Act of the
4    102nd General Assembly, or as soon thereafter as
5    practical, the State Comptroller shall direct and the
6    State Treasurer shall transfer the remaining balance from
7    the State Offender DNA Identification System Fund into the
8    State Crime Laboratory Fund. Upon completion of the
9    transfer, the State Offender DNA Identification System
10    Fund is dissolved, and any future deposits due to that
11    Fund and any outstanding obligations or liabilities of
12    that Fund shall pass to the State Crime Laboratory Fund.
13    (f) The analysis assessment provided for in subsection (c)
14of this Section shall be forwarded to the office of the
15treasurer of the unit of local government that performed the
16analysis if that unit of local government has established a
17crime laboratory fund, or to the State Crime Laboratory Fund
18if the analysis was performed by a laboratory operated by the
19Illinois State Police. If the analysis was performed by a
20crime laboratory funded by a combination of units of local
21government, the analysis assessment shall be forwarded to the
22treasurer of the county where the crime laboratory is situated
23if a crime laboratory fund has been established in that
24county. If the unit of local government or combination of
25units of local government has not established a crime
26laboratory fund, then the analysis assessment shall be

 

 

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1forwarded to the State Crime Laboratory Fund.
2    (g) Moneys deposited into a crime laboratory fund created
3pursuant to paragraphs (1) or (2) of subsection (e) of this
4Section shall be in addition to any allocations made pursuant
5to existing law and shall be designated for the exclusive use
6of the crime laboratory. These uses may include, but are not
7limited to, the following:
8        (1) costs incurred in providing analysis for
9    controlled substances in connection with criminal
10    investigations conducted within this State;
11        (2) purchase and maintenance of equipment for use in
12    performing analyses; and
13        (3) continuing education, training and professional
14    development of forensic scientists regularly employed by
15    these laboratories.
16    (h) Moneys deposited in the State Crime Laboratory Fund
17created pursuant to paragraph (3) of subsection (d) of this
18Section shall be used by State crime laboratories as
19designated by the Director of State Police. These funds shall
20be in addition to any allocations made pursuant to existing
21law and shall be designated for the exclusive use of State
22crime laboratories or for the sexual assault evidence tracking
23system created under Section 50 of the Sexual Assault Evidence
24Submission Act. These uses may include those enumerated in
25subsection (g) of this Section.
26(Source: P.A. 100-987, eff. 7-1-19; 101-377, eff. 8-16-19.)
 

 

 

HB3811 Enrolled- 39 -LRB102 16096 RJF 21470 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.