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093_HB1281ham001
LRB093 04396 RLC 12825 a
1 AMENDMENT TO HOUSE BILL 1281
2 AMENDMENT NO. . Amend House Bill 1281 by replacing
3 the title with the following:
4 "AN ACT in relation to criminal matters."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Criminal Justice Information Act
8 is amended by adding Section 7.2 as follows:
9 (20 ILCS 3930/7.2 new)
10 Sec. 7.2. Custodial Interview Pilot Program.
11 (a) Legislative findings and intent. The General
12 Assembly finds that technology has made it possible to
13 electronically record custodial interviews of suspects during
14 first degree murder investigations. This technology will
15 protect law enforcement agencies against claims of abuse and
16 coercion by suspects while providing a memorialized account
17 of interviews at police stations. The technology will also
18 provide a better means for courts to review confessions of
19 suspects with direct evidence of demeanor, tone, manner, and
20 content of statements. The General Assembly intends to create
21 a Custodial Interview Pilot Program to establish 4 pilot
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1 programs at police stations in the State of Illinois. For
2 each program, video and audio experts shall install equipment
3 and train participating law enforcement agencies to
4 electronically record custodial interviews at their
5 respective police stations. Participating law enforcement
6 agencies shall choose how to use the equipment in cooperation
7 with the local State's Attorney's office. The participating
8 law enforcement agencies may choose to electronically record
9 interviews of suspects for offenses other than first degree
10 murder if they adopt local protocols in cooperation with the
11 local State's Attorney's office.
12 (b) Definitions. In this Section:
13 (1) "Electronically record" means to memorialize by
14 video and audio electronic equipment.
15 (2) "Custodial interviews" means interviews of
16 suspects during first degree murder investigations or
17 other investigations established by local protocol by law
18 enforcement authorities that take place at the police
19 station.
20 (c) Custodial Interview Pilot Program. The Authority
21 shall, subject to appropriation, establish a Custodial
22 Interview Pilot Program to operate 4 custodial interview
23 pilot programs. The programs shall be established in a police
24 station in the County of Cook and in 3 other police stations
25 geographically distributed throughout the State. Each
26 participating law enforcement agency must:
27 (1) Promulgate procedures for recording custodial
28 interviews of suspects during first degree murder
29 investigations by video and audio means.
30 (2) Promulgate procedures for maintaining and
31 storing video and audio recordings.
32 (d) Each of the 4 pilot programs established by the
33 Authority shall be in existence for a minimum of 2 years
34 after its establishment under this Act.
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1 (e) Report. No later than one year after the
2 establishment of pilot programs under this Section, the
3 Authority must report to the General Assembly on the efficacy
4 of the Custodial Interview Pilot Program.
5 (f) The Authority shall adopt rules in cooperation with
6 the Illinois Department of State Police to implement this
7 Section.
8 Section 10. The Criminal Code of 1961 is amended by
9 changing Sections 9-1 and 14-3 as follows:
10 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
11 Sec. 9-1. First degree Murder - Death penalties -
12 Exceptions - Separate Hearings - Proof - Findings - Appellate
13 procedures - Reversals.
14 (a) A person who kills an individual without lawful
15 justification commits first degree murder if, in performing
16 the acts which cause the death:
17 (1) he either intends to kill or do great bodily
18 harm to that individual or another, or knows that such
19 acts will cause death to that individual or another; or
20 (2) he knows that such acts create a strong
21 probability of death or great bodily harm to that
22 individual or another; or
23 (3) he is attempting or committing a forcible
24 felony other than second degree murder.
25 (b) Aggravating Factors. A defendant who at the time of
26 the commission of the offense has attained the age of 18 or
27 more and who has been found guilty of first degree murder may
28 be sentenced to death if:
29 (1) the murdered individual was a peace officer or
30 fireman killed in the course of performing his official
31 duties, to prevent the performance of his official
32 duties, or in retaliation for performing his official
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1 duties, and the defendant knew or should have known that
2 the murdered individual was a peace officer or fireman;
3 or
4 (2) the murdered individual was an employee of an
5 institution or facility of the Department of Corrections,
6 or any similar local correctional agency, killed in the
7 course of performing his official duties, to prevent the
8 performance of his official duties, or in retaliation for
9 performing his official duties, or the murdered
10 individual was an inmate at such institution or facility
11 and was killed on the grounds thereof, or the murdered
12 individual was otherwise present in such institution or
13 facility with the knowledge and approval of the chief
14 administrative officer thereof; or
15 (3) the defendant has been convicted of murdering
16 two or more individuals under subsection (a) of this
17 Section or under any law of the United States or of any
18 state which is substantially similar to subsection (a) of
19 this Section regardless of whether the deaths occurred
20 as the result of the same act or of several related or
21 unrelated acts so long as the deaths were the result of
22 either an intent to kill more than one person or of
23 separate acts which the defendant knew would cause death
24 or create a strong probability of death or great bodily
25 harm to the murdered individual or another; or
26 (4) (Blank)the murdered individual was killed as a
27 result of the hijacking of an airplane, train, ship, bus
28 or other public conveyance; or
29 (5) the defendant committed the murder pursuant to
30 a contract, agreement or understanding by which he was to
31 receive money or anything of value in return for
32 committing the murder or procured another to commit the
33 murder for money or anything of value; or
34 (6) the murdered individual was killed in the
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1 course of another felony if:
2 (a) the murdered individual:
3 (i) was actually killed by the defendant,
4 or
5 (ii) received physical injuries
6 personally inflicted by the defendant
7 substantially contemporaneously with physical
8 injuries caused by one or more persons for
9 whose conduct the defendant is legally
10 accountable under Section 5-2 of this Code, and
11 the physical injuries inflicted by either the
12 defendant or the other person or persons for
13 whose conduct he is legally accountable caused
14 the death of the murdered individual; and
15 (b) in performing the acts which caused the
16 death of the murdered individual or which resulted
17 in physical injuries personally inflicted by the
18 defendant on the murdered individual under the
19 circumstances of subdivision (ii) of subparagraph
20 (a) of paragraph (6) of subsection (b) of this
21 Section, the defendant acted with the intent to kill
22 the murdered individual or with the knowledge that
23 his acts created a strong probability of death or
24 great bodily harm to the murdered individual or
25 another; and
26 (c) the other felony was one of the following:
27 armed robbery, armed violence, robbery, predatory
28 criminal sexual assault of a child, aggravated
29 criminal sexual assault, aggravated kidnapping,
30 aggravated vehicular hijacking, forcible detention,
31 arson, aggravated arson, aggravated stalking,
32 burglary, residential burglary, home invasion,
33 calculated criminal drug conspiracy as defined in
34 Section 405 of the Illinois Controlled Substances
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1 Act, streetgang criminal drug conspiracy as defined
2 in Section 405.2 of the Illinois Controlled
3 Substances Act, or the attempt to commit any of the
4 felonies listed in this subsection (c); or
5 (7) the murdered individual was under 12 years of
6 age and the death resulted from exceptionally brutal or
7 heinous behavior indicative of wanton cruelty; or
8 (8) the defendant committed the murder with intent
9 to prevent the murdered individual from testifying or
10 participating in any criminal investigation or
11 prosecution or giving material assistance to the State in
12 any investigation or prosecution, either against the
13 defendant or another; or the defendant committed the
14 murder because the murdered individual was a witness in
15 any prosecution or gave material assistance to the State
16 in any investigation or prosecution, either against the
17 defendant or another; or
18 (9) (Blank)the defendant, while committing an
19 offense punishable under Sections 401, 401.1, 401.2, 405,
20 405.2, 407 or 407.1 or subsection (b) of Section 404 of
21 the Illinois Controlled Substances Act, or while engaged
22 in a conspiracy or solicitation to commit such offense,
23 intentionally killed an individual or counseled,
24 commanded, induced, procured or caused the intentional
25 killing of the murdered individual; or
26 (10) (Blank)the defendant was incarcerated in an
27 institution or facility of the Department of Corrections
28 at the time of the murder, and while committing an
29 offense punishable as a felony under Illinois law, or
30 while engaged in a conspiracy or solicitation to commit
31 such offense, intentionally killed an individual or
32 counseled, commanded, induced, procured or caused the
33 intentional killing of the murdered individual; or
34 (11) the murder was committed in a cold, calculated
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1 and premeditated manner pursuant to a preconceived plan,
2 scheme or design to take a human life by unlawful means,
3 and the conduct of the defendant created a reasonable
4 expectation that the death of a human being would result
5 therefrom; or
6 (12) the murdered individual was an emergency
7 medical technician - ambulance, emergency medical
8 technician - intermediate, emergency medical technician -
9 paramedic, ambulance driver, or other medical assistance
10 or first aid personnel, employed by a municipality or
11 other governmental unit, killed in the course of
12 performing his official duties, to prevent the
13 performance of his official duties, or in retaliation for
14 performing his official duties, and the defendant knew or
15 should have known that the murdered individual was an
16 emergency medical technician - ambulance, emergency
17 medical technician - intermediate, emergency medical
18 technician - paramedic, ambulance driver, or other
19 medical assistance or first aid personnel; or
20 (13) (Blank)the defendant was a principal
21 administrator, organizer, or leader of a calculated
22 criminal drug conspiracy consisting of a hierarchical
23 position of authority superior to that of all other
24 members of the conspiracy, and the defendant counseled,
25 commanded, induced, procured, or caused the intentional
26 killing of the murdered person; or
27 (14) the murder was intentional and involved the
28 infliction of torture. For the purpose of this Section
29 torture means the infliction of or subjection to extreme
30 physical pain, motivated by an intent to increase or
31 prolong the pain, suffering or agony of the victim; or
32 (15) (Blank)the murder was committed as a result
33 of the intentional discharge of a firearm by the
34 defendant from a motor vehicle and the victim was not
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1 present within the motor vehicle; or
2 (16) the murdered individual was 60 years of age or
3 older and the death resulted from exceptionally brutal or
4 heinous behavior indicative of wanton cruelty; or
5 (17) the murdered individual was a disabled person
6 and the defendant knew or should have known that the
7 murdered individual was disabled. For purposes of this
8 paragraph (17), "disabled person" means a person who
9 suffers from a permanent physical or mental impairment
10 resulting from disease, an injury, a functional disorder,
11 or a congenital condition that renders the person
12 incapable of adequately providing for his or her own
13 health or personal care; or
14 (18) the murder was committed by reason of any
15 person's activity as a community policing volunteer or to
16 prevent any person from engaging in activity as a
17 community policing volunteer; or
18 (19) the murdered individual was subject to an
19 order of protection and the murder was committed by a
20 person against whom the same order of protection was
21 issued under the Illinois Domestic Violence Act of 1986;
22 or
23 (20) the murdered individual was known by the
24 defendant to be a teacher or other person employed in any
25 school and the teacher or other employee is upon the
26 grounds of a school or grounds adjacent to a school, or
27 is in any part of a building used for school purposes; or
28 (21) the murder was committed by the defendant in
29 connection with or as a result of the offense of
30 terrorism as defined in Section 29D-30 of this Code.
31 For the purpose of this Section:
32 "Participating in any criminal investigation or
33 prosecution" is intended to include those appearing in the
34 proceedings in any capacity, such as trial judges,
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1 prosecutors, defense attorneys, investigators, witnesses, or
2 jurors.
3 (c) Consideration of factors in Aggravation and
4 Mitigation.
5 The court shall consider, or shall instruct the jury to
6 consider any aggravating and any mitigating factors which are
7 relevant to the imposition of the death penalty. Aggravating
8 factors may include but need not be limited to those factors
9 set forth in subsection (b). Mitigating factors may include
10 but need not be limited to the following:
11 (1) the defendant has no significant history of
12 prior criminal activity;
13 (2) the murder was committed while the defendant
14 was under the influence of extreme mental or emotional
15 disturbance, although not such as to constitute a defense
16 to prosecution;
17 (3) the murdered individual was a participant in
18 the defendant's homicidal conduct or consented to the
19 homicidal act;
20 (4) the defendant acted under the compulsion of
21 threat or menace of the imminent infliction of death or
22 great bodily harm;
23 (5) the defendant was not personally present during
24 commission of the act or acts causing death;.
25 (6) the defendant's background includes a history
26 of extreme emotional or physical abuse;
27 (7) the defendant suffers from a reduced mental
28 capacity.
29 (d) Separate sentencing hearing.
30 Where requested by the State, the court shall conduct a
31 separate sentencing proceeding to determine the existence of
32 factors set forth in subsection (b) and to consider any
33 aggravating or mitigating factors as indicated in subsection
34 (c). The proceeding shall be conducted:
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1 (1) before the jury that determined the defendant's
2 guilt; or
3 (2) before a jury impanelled for the purpose of the
4 proceeding if:
5 A. the defendant was convicted upon a plea of
6 guilty; or
7 B. the defendant was convicted after a trial
8 before the court sitting without a jury; or
9 C. the court for good cause shown discharges
10 the jury that determined the defendant's guilt; or
11 (3) before the court alone if the defendant waives
12 a jury for the separate proceeding.
13 (e) Evidence and Argument.
14 During the proceeding any information relevant to any of
15 the factors set forth in subsection (b) may be presented by
16 either the State or the defendant under the rules governing
17 the admission of evidence at criminal trials. Any
18 information relevant to any additional aggravating factors or
19 any mitigating factors indicated in subsection (c) may be
20 presented by the State or defendant regardless of its
21 admissibility under the rules governing the admission of
22 evidence at criminal trials. The State and the defendant
23 shall be given fair opportunity to rebut any information
24 received at the hearing.
25 (f) Proof.
26 The burden of proof of establishing the existence of any
27 of the factors set forth in subsection (b) is on the State
28 and shall not be satisfied unless established beyond a
29 reasonable doubt.
30 (g) Procedure - Jury.
31 If at the separate sentencing proceeding the jury finds
32 that none of the factors set forth in subsection (b) exists,
33 the court shall sentence the defendant to a term of
34 imprisonment under Chapter V of the Unified Code of
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1 Corrections. If there is a unanimous finding by the jury
2 that one or more of the factors set forth in subsection (b)
3 exist, the jury shall consider aggravating and mitigating
4 factors as instructed by the court and shall determine
5 whether the sentence of death shall be imposed. If the jury
6 determines unanimously, after weighing the factors in
7 aggravation and mitigation, that death is the appropriate
8 sentencethat there are no mitigating factors sufficient to
9 preclude the imposition of the death sentence, the court
10 shall sentence the defendant to death.
11 IfUnless the jury determines unanimously, after weighing
12 the factors in aggravation and mitigation, that death is not
13 the appropriate sentence,finds that there are no mitigating
14 factors sufficient to preclude the imposition of the death
15 sentence the court shall sentence the defendant to a term of
16 natural life imprisonment under Chapter V of the Unified Code
17 of Corrections.
18 (h) Procedure - No Jury.
19 In a proceeding before the court alone, if the court
20 finds that none of the factors found in subsection (b)
21 exists, the court shall sentence the defendant to a term of
22 imprisonment under Chapter V of the Unified Code of
23 Corrections.
24 If the Court determines, after weighing the factors in
25 aggravation and mitigation, that death is the appropriate
26 sentencethat one or more of the factors set forth in
27 subsection (b) exists, the Court shall consider any
28 aggravating and mitigating factors as indicated in subsection
29 (c). If the Court determines that there are no mitigating
30 factors sufficient to preclude the imposition of the death
31 sentence, the Court shall sentence the defendant to death.
32 IfUnless the court finds that there are no mitigating
33 factors sufficient to preclude the imposition of the sentence
34 of death is not the appropriate sentence, the court shall
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1 sentence the defendant to a term of natural life imprisonment
2 under Chapter V of the Unified Code of Corrections.
3 (i) Appellate Procedure.
4 The conviction and sentence of death shall be subject to
5 automatic review by the Supreme Court. Such review shall be
6 in accordance with rules promulgated by the Supreme Court.
7 (j) Disposition of reversed death sentence.
8 In the event that the death penalty in this Act is held
9 to be unconstitutional by the Supreme Court of the United
10 States or of the State of Illinois, any person convicted of
11 first degree murder shall be sentenced by the court to a term
12 of imprisonment under Chapter V of the Unified Code of
13 Corrections.
14 In the event that any death sentence pursuant to the
15 sentencing provisions of this Section is declared
16 unconstitutional by the Supreme Court of the United States or
17 of the State of Illinois, the court having jurisdiction over
18 a person previously sentenced to death shall cause the
19 defendant to be brought before the court, and the court shall
20 sentence the defendant to a term of imprisonment under
21 Chapter V of the Unified Code of Corrections.
22 (k) Guidelines for seeking the death penalty. The
23 Attorney General and States Attorney's Association shall
24 adopt voluntary guidelines on procedures for deciding whether
25 or not to seek the death penalty. The guidelines do not have
26 the force of law and are only advisory in nature.
27 (Source: P.A. 91-357, eff. 7-29-99; 91-434, eff. 1-1-00;
28 92-854, eff. 12-5-02.)
29 (720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
30 Sec. 14-3. Exemptions. The following activities shall
31 be exempt from the provisions of this Article:
32 (a) Listening to radio, wireless and television
33 communications of any sort where the same are publicly made;
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1 (b) Hearing conversation when heard by employees of any
2 common carrier by wire incidental to the normal course of
3 their employment in the operation, maintenance or repair of
4 the equipment of such common carrier by wire so long as no
5 information obtained thereby is used or divulged by the
6 hearer;
7 (c) Any broadcast by radio, television or otherwise
8 whether it be a broadcast or recorded for the purpose of
9 later broadcasts of any function where the public is in
10 attendance and the conversations are overheard incidental to
11 the main purpose for which such broadcasts are then being
12 made;
13 (d) Recording or listening with the aid of any device to
14 any emergency communication made in the normal course of
15 operations by any federal, state or local law enforcement
16 agency or institutions dealing in emergency services,
17 including, but not limited to, hospitals, clinics, ambulance
18 services, fire fighting agencies, any public utility,
19 emergency repair facility, civilian defense establishment or
20 military installation;
21 (e) Recording the proceedings of any meeting required to
22 be open by the Open Meetings Act, as amended;
23 (f) Recording or listening with the aid of any device to
24 incoming telephone calls of phone lines publicly listed or
25 advertised as consumer "hotlines" by manufacturers or
26 retailers of food and drug products. Such recordings must be
27 destroyed, erased or turned over to local law enforcement
28 authorities within 24 hours from the time of such recording
29 and shall not be otherwise disseminated. Failure on the part
30 of the individual or business operating any such recording or
31 listening device to comply with the requirements of this
32 subsection shall eliminate any civil or criminal immunity
33 conferred upon that individual or business by the operation
34 of this Section;
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1 (g) With prior notification to the State's Attorney of
2 the county in which it is to occur, recording or listening
3 with the aid of any device to any conversation where a law
4 enforcement officer, or any person acting at the direction of
5 law enforcement, is a party to the conversation and has
6 consented to it being intercepted or recorded under
7 circumstances where the use of the device is necessary for
8 the protection of the law enforcement officer or any person
9 acting at the direction of law enforcement, in the course of
10 an investigation of a forcible felony, a felony violation of
11 the Illinois Controlled Substances Act, a felony violation of
12 the Cannabis Control Act, or any "streetgang related" or
13 "gang-related" felony as those terms are defined in the
14 Illinois Streetgang Terrorism Omnibus Prevention Act. Any
15 recording or evidence derived as the result of this exemption
16 shall be inadmissible in any proceeding, criminal, civil or
17 administrative, except (i) where a party to the conversation
18 suffers great bodily injury or is killed during such
19 conversation, or (ii) when used as direct impeachment of a
20 witness concerning matters contained in the interception or
21 recording. The Director of the Department of State Police
22 shall issue regulations as are necessary concerning the use
23 of devices, retention of tape recordings, and reports
24 regarding their use;
25 (g-5) With approval of the State's Attorney of the
26 county in which it is to occur, recording or listening with
27 the aid of any device to any conversation where a law
28 enforcement officer, or any person acting at the direction of
29 law enforcement, is a party to the conversation and has
30 consented to it being intercepted or recorded in the course
31 of an investigation of any offense defined in Article 29D of
32 this Code. In all such cases, an application for an order
33 approving the previous or continuing use of an eavesdropping
34 device must be made within 48 hours of the commencement of
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1 such use. In the absence of such an order, or upon its
2 denial, any continuing use shall immediately terminate. The
3 Director of State Police shall issue rules as are necessary
4 concerning the use of devices, retention of tape recordings,
5 and reports regarding their use.
6 Any recording or evidence obtained or derived in the
7 course of an investigation of any offense defined in Article
8 29D of this Code shall, upon motion of the State's Attorney
9 or Attorney General prosecuting any violation of Article 29D,
10 be reviewed in camera with notice to all parties present by
11 the court presiding over the criminal case, and, if ruled by
12 the court to be relevant and otherwise admissible, it shall
13 be admissible at the trial of the criminal case.
14 This subsection (g-5) is inoperative on and after January
15 1, 2005. No conversations recorded or monitored pursuant to
16 this subsection (g-5) shall be inadmissable in a court of law
17 by virtue of the repeal of this subsection (g-5) on January
18 1, 2005;.
19 (h) Recordings made simultaneously with a video
20 recording of an oral conversation between a peace officer,
21 who has identified his or her office, and a person stopped
22 for an investigation of an offense under the Illinois Vehicle
23 Code;
24 (i) Recording of a conversation made by or at the
25 request of a person, not a law enforcement officer or agent
26 of a law enforcement officer, who is a party to the
27 conversation, under reasonable suspicion that another party
28 to the conversation is committing, is about to commit, or has
29 committed a criminal offense against the person or a member
30 of his or her immediate household, and there is reason to
31 believe that evidence of the criminal offense may be obtained
32 by the recording; and
33 (j) The use of a telephone monitoring device by either
34 (1) a corporation or other business entity engaged in
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1 marketing or opinion research or (2) a corporation or other
2 business entity engaged in telephone solicitation, as defined
3 in this subsection, to record or listen to oral telephone
4 solicitation conversations or marketing or opinion research
5 conversations by an employee of the corporation or other
6 business entity when:
7 (i) the monitoring is used for the purpose of
8 service quality control of marketing or opinion research
9 or telephone solicitation, the education or training of
10 employees or contractors engaged in marketing or opinion
11 research or telephone solicitation, or internal research
12 related to marketing or opinion research or telephone
13 solicitation; and
14 (ii) the monitoring is used with the consent of at
15 least one person who is an active party to the marketing
16 or opinion research conversation or telephone
17 solicitation conversation being monitored.
18 No communication or conversation or any part, portion, or
19 aspect of the communication or conversation made, acquired,
20 or obtained, directly or indirectly, under this exemption
21 (j), may be, directly or indirectly, furnished to any law
22 enforcement officer, agency, or official for any purpose or
23 used in any inquiry or investigation, or used, directly or
24 indirectly, in any administrative, judicial, or other
25 proceeding, or divulged to any third party.
26 When recording or listening authorized by this subsection
27 (j) on telephone lines used for marketing or opinion research
28 or telephone solicitation purposes results in recording or
29 listening to a conversation that does not relate to marketing
30 or opinion research or telephone solicitation; the person
31 recording or listening shall, immediately upon determining
32 that the conversation does not relate to marketing or opinion
33 research or telephone solicitation, terminate the recording
34 or listening and destroy any such recording as soon as is
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1 practicable.
2 Business entities that use a telephone monitoring or
3 telephone recording system pursuant to this exemption (j)
4 shall provide current and prospective employees with notice
5 that the monitoring or recordings may occur during the course
6 of their employment. The notice shall include prominent
7 signage notification within the workplace.
8 Business entities that use a telephone monitoring or
9 telephone recording system pursuant to this exemption (j)
10 shall provide their employees or agents with access to
11 personal-only telephone lines which may be pay telephones,
12 that are not subject to telephone monitoring or telephone
13 recording.
14 For the purposes of this subsection (j), "telephone
15 solicitation" means a communication through the use of a
16 telephone by live operators:
17 (i) soliciting the sale of goods or services;
18 (ii) receiving orders for the sale of goods or
19 services;
20 (iii) assisting in the use of goods or services; or
21 (iv) engaging in the solicitation, administration,
22 or collection of bank or retail credit accounts.
23 For the purposes of this subsection (j), "marketing or
24 opinion research" means a marketing or opinion research
25 interview conducted by a live telephone interviewer engaged
26 by a corporation or other business entity whose principal
27 business is the design, conduct, and analysis of polls and
28 surveys measuring the opinions, attitudes, and responses of
29 respondents toward products and services, or social or
30 political issues, or both; and
31 (k) Recording the interview or statement of any person
32 when the person knows that the interview is being conducted
33 by a law enforcement officer or prosecutor and the interview
34 takes place at a police station that is currently
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1 participating in the Custodial Interview Pilot Program
2 established under the Illinois Criminal Justice Information
3 Act.
4 (Source: P.A. 91-357, eff. 7-29-99; 92-854, eff. 12-5-02.)
5 Section 15. The Code of Criminal Procedure of 1963 is
6 amended by changing Sections 116-3 and 122-2.1 and by adding
7 Sections 113-8, 114-13.5, and 114-15 as follows:
8 (725 ILCS 5/113-8 new)
9 Sec. 113-8. Notice of intention to seek or decline the
10 death penalty.
11 The State's Attorney or Attorney General shall provide
12 notice of the State's intention to seek or decline the death
13 penalty by filing a Notice of Intent to Seek or Decline the
14 Death Penalty as soon as practicable. In no event shall the
15 filing of the notice be later than 120 days after
16 arraignment, unless, for good cause shown, the court directs
17 otherwise. A notice of intent to seek the death penalty shall
18 also include all of the statutory aggravating factors
19 enumerated in subsection (b) of Section 9-1 of the Criminal
20 Code of 1961 that the State intends to introduce during the
21 death penalty sentencing hearing.
22 (725 ILCS 5/114-13.5 new)
23 Sec. 114-13.5. Investigative reports. Any
24 investigative, law enforcement, or other agency responsible
25 for investigating any felony offense or participating in an
26 investigation of any felony offense, other than defense
27 investigators, shall provide to the authority prosecuting the
28 offense all investigative material, including but not limited
29 to reports and memoranda that have been generated by or have
30 come into the possession of the investigating agency
31 concerning the offense being investigated. In addition, the
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1 investigating agency shall provide to the prosecuting
2 authority any material or information within its possession
3 or control that would tend to negate the guilt of the accused
4 of the offense charged or reduce his or her punishment for
5 the offense. Every investigative and law enforcement agency
6 in this State shall adopt policies to ensure compliance with
7 these standards.
8 (725 ILCS 5/114-15 new)
9 Sec. 114-15. Motion for genetic marker groupings
10 comparison analysis.
11 (a) A defendant may make a motion for a court order
12 before trial for comparison analysis by the Department of
13 State Police with those genetic marker groupings maintained
14 under subsection (f) of Section 5-4-3 of the Unified Code of
15 Corrections if the defendant meets all of the following
16 requirements:
17 (1) The defendant shows good cause.
18 (2) The defendant is charged with any offense.
19 (3) The defendant seeks for the Department of State
20 Police to identify genetic marker groupings from evidence
21 collected by criminal justice agencies pursuant to the
22 alleged offense.
23 (4) The defendant seeks comparison analysis of
24 genetic marker groupings of the evidence under
25 subdivision (3) to those of the defendant, to those of
26 other forensic evidence, and to those maintained under
27 subsection (f) of Section 5-4-3 of the Unified Code of
28 Corrections.
29 (5) Genetic marker grouping analysis must be
30 performed by a laboratory compliant with the quality
31 assurance standards required by the Department of State
32 Police for genetic marker grouping analysis comparisons.
33 (6) Reasonable notice of the motion shall be served
-20- LRB093 04396 RLC 12825 a
1 upon the State.
2 (b) The Department of State Police may promulgate rules
3 for the types of comparisons performed and the quality
4 assurance standards required for submission of genetic marker
5 groupings. The provisions of the Administrative Review Law
6 shall apply to all actions taken under the rules so
7 promulgated.
8 (725 ILCS 5/116-3)
9 Sec. 116-3. Motion for fingerprint or forensic testing
10 not available at trial regarding actual innocence.
11 (a) A defendant may make a motion before the trial court
12 that entered the judgment of conviction in his or her case
13 for the performance of fingerprint or forensic DNA testing,
14 including comparison analysis of genetic marker groupings of
15 the evidence collected by criminal justice agencies pursuant
16 to the alleged offense, to those of the defendant, to those
17 of other forensic evidence, and to those maintained under
18 subsection (f) of Section 5-4-3 of the Unified Code of
19 Corrections, on evidence that was secured in relation to the
20 trial which resulted in his or her conviction, but which was
21 not subject to the testing which is now requested because the
22 technology for the testing was not available at the time of
23 trial. Reasonable notice of the motion shall be served upon
24 the State.
25 (b) The defendant must present a prima facie case that:
26 (1) identity was the issue in the trial which
27 resulted in his or her conviction; and
28 (2) the evidence to be tested has been subject to a
29 chain of custody sufficient to establish that it has not
30 been substituted, tampered with, replaced, or altered in
31 any material aspect.
32 (c) The trial court shall allow the testing under
33 reasonable conditions designed to protect the State's
-21- LRB093 04396 RLC 12825 a
1 interests in the integrity of the evidence and the testing
2 process upon a determination that:
3 (1) the result of the testing has the scientific
4 potential to produce new, noncumulative evidence
5 materially relevant to the defendant's assertion of
6 actual innocence that significantly advances the
7 defendant's claim of innocence;
8 (2) the testing requested employs a scientific
9 method generally accepted within the relevant scientific
10 community.
11 (Source: P.A. 90-141, eff. 1-1-98.)
12 (725 ILCS 5/122-2.1) (from Ch. 38, par. 122-2.1)
13 Sec. 122-2.1. (a) Within 90 days after the filing and
14 docketing of each petition, the court shall examine such
15 petition and enter an order thereon pursuant to this Section.
16 (1) If the petitioner is under sentence of death
17 and is without counsel and alleges that he is without
18 means to procure counsel, he shall state whether or not
19 he wishes counsel to be appointed to represent him. If
20 appointment of counsel is so requested, the court shall
21 appoint counsel if satisfied that the petitioner has no
22 means to procure counsel.
23 (2) If the petitioner is sentenced to imprisonment
24 and the court determines the petition is frivolous or is
25 patently without merit, it shall dismiss the petition in
26 a written order, specifying the findings of fact and
27 conclusions of law it made in reaching its decision.
28 Such order of dismissal is a final judgment and shall be
29 served upon the petitioner by certified mail within 10
30 days of its entry.
31 (b) If the petition is not dismissed pursuant to this
32 Section, the court shall order the petition to be docketed
33 for further consideration in accordance with Sections 122-4
-22- LRB093 04396 RLC 12825 a
1 through 122-6. If the petitioner is under sentence of death,
2 the court shall order the petition to be docketed for further
3 consideration and hearing within one year of the filing of
4 the petition.
5 (c) In considering a petition pursuant to this Section,
6 the court may examine the court file of the proceeding in
7 which the petitioner was convicted, any action taken by an
8 appellate court in such proceeding and any transcripts of
9 such proceeding.
10 (Source: P.A. 86-655; 87-904.)
11 Section 20. The Capital Crimes Litigation Act is
12 amended by changing Sections 10, 15, and 19 as follows:
13 (725 ILCS 124/10)
14 (Section scheduled to be repealed on July 1, 2004)
15 Sec. 10. Court appointed trial counsel; compensation and
16 expenses.
17 (a) This Section applies only to compensation and
18 expenses of trial counsel appointed by the court as set forth
19 in Section 5, other than public defenders, for the period
20 after arraignment and so long as the State's Attorney has
21 not, at any time, filed a certificate indicating he or she
22 will not seek the death penalty or stated on the record in
23 open court that the death penalty will not be sought.
24 (b) Appointed trial counsel shall be compensated upon
25 presentment and certification by the circuit court of a claim
26 for services detailing the date, activity, and time duration
27 for which compensation is sought. Compensation for appointed
28 trial counsel may be paid at a reasonable rate not to exceed
29 $125 per hour.
30 Beginning in 2001, every January 20, the statutory rate
31 prescribed in this subsection shall be automatically
32 increased or decreased, as applicable, by a percentage equal
-23- LRB093 04396 RLC 12825 a
1 to the percentage change in the consumer price index-u during
2 the preceding 12-month calendar year. "Consumer price
3 index-u" means the index published by the Bureau of Labor
4 Statistics of the United States Department of Labor that
5 measures the average change in prices of goods and services
6 purchased by all urban consumers, United States city average,
7 all items, 1982-84=100. The new rate resulting from each
8 annual adjustment shall be determined by the State Treasurer
9 and made available to the chief judge of each judicial
10 circuit. Payment in excess of the limitations stated in this
11 subsection (b) may be made if the trial court certifies that
12 such payment is necessary to provide fair compensation for
13 representation based upon customary charges in the relevant
14 legal market for attorneys of similar skill, background, and
15 experience. A trial court may entertain the filing of this
16 verified statement before the termination of the cause and
17 may order the provisional payment of sums during the pendency
18 of the cause.
19 (c) Appointed trial counsel may also petition the court
20 for certification of expenses for reasonable and necessary
21 capital litigation expenses including, but not limited to,
22 investigatory and other assistance, expert, forensic, and
23 other witnesses, and mitigation specialists. Counsel may not
24 petition for certification of expenses that may have been
25 provided or compensated by the State Appellate Defender under
26 item (c)(5) of Section 10 of the State Appellate Defender
27 Act.
28 (d) Appointed trial counsel shall petition the court for
29 certification of compensation and expenses under this Section
30 periodically during the course of counsel's representation.
31 If the court determines that the compensation and expenses
32 should be paid from the Capital Litigation Trust Fund, the
33 court shall certify, on a form created by the State
34 Treasurer, that all or a designated portion of the amount
-24- LRB093 04396 RLC 12825 a
1 requested is reasonable, necessary, and appropriate for
2 payment from the Trust Fund. Certification of compensation
3 and expenses by a court in any county other than Cook County
4 shall be delivered by the court to the State Treasurer and
5 paid by the State Treasurer directly from the Capital
6 Litigation Trust Fund if there are sufficient moneys in the
7 Trust Fund to pay the compensation and expenses.
8 Certification of compensation and expenses by a court in Cook
9 County shall be delivered by the court to the county
10 treasurer and paid by the county treasurer from moneys
11 granted to the county from the Capital Litigation Trust Fund.
12 (Source: P.A. 91-589, eff. 1-1-00.)
13 (725 ILCS 124/15)
14 (Section scheduled to be repealed on July 1, 2004)
15 Sec. 15. Capital Litigation Trust Fund.
16 (a) The Capital Litigation Trust Fund is created as a
17 special fund in the State Treasury. The Trust Fund shall be
18 administered by the State Treasurer to provide moneys for the
19 appropriations to be made, grants to be awarded, and
20 compensation and expenses to be paid under this Act. All
21 interest earned from the investment or deposit of moneys
22 accumulated in the Trust Fund shall, under Section 4.1 of the
23 State Finance Act, be deposited into the Trust Fund.
24 (b) Moneys deposited into the Trust Fund shall not be
25 considered general revenue of the State of Illinois.
26 (c) Moneys deposited into the Trust Fund shall be used
27 exclusively for the purposes of providing funding for the
28 prosecution and defense of capital cases as provided in this
29 Act and shall not be appropriated, loaned, or in any manner
30 transferred to the General Revenue Fund of the State of
31 Illinois.
32 (d) Every fiscal year the State Treasurer shall transfer
33 from the General Revenue Fund to the Capital Litigation Trust
-25- LRB093 04396 RLC 12825 a
1 Fund an amount equal to the full amount of moneys
2 appropriated by the General Assembly (both by original and
3 supplemental appropriation), less any unexpended balance from
4 the previous fiscal year, from the Capital Litigation Trust
5 Fund for the specific purpose of making funding available for
6 the prosecution and defense of capital cases. The Public
7 Defender and State's Attorney in Cook County, the State
8 Appellate Defender, the State's Attorneys Appellate
9 Prosecutor, and the Attorney General shall make annual
10 requests for appropriations from the Trust Fund.
11 (1) The Public Defender in Cook County shall
12 request appropriations to the State Treasurer for
13 expenses incurred by the Public Defender and for funding
14 for private appointed defense counsel in Cook County.
15 (2) The State's Attorney in Cook County shall
16 request an appropriation to the State Treasurer for
17 expenses incurred by the State's Attorney.
18 (3) The State Appellate Defender shall request a
19 direct appropriation from the Trust Fund for expenses
20 incurred by the State Appellate Defender in providing
21 assistance to trial attorneys under item (c)(5) of
22 Section 10 of the State Appellate Defender Act and an
23 appropriation to the State Treasurer for payments from
24 the Trust Fund for the defense of cases in counties other
25 than Cook County.
26 (4) The State's Attorneys Appellate Prosecutor
27 shall request a direct appropriation from the Trust Fund
28 to pay expenses incurred by the State's Attorneys
29 Appellate Prosecutor and an appropriation to the State
30 Treasurer for payments from the Trust Fund for expenses
31 incurred by State's Attorneys in counties other than Cook
32 County.
33 (5) The Attorney General shall request a direct
34 appropriation from the Trust Fund to pay expenses
-26- LRB093 04396 RLC 12825 a
1 incurred by the Attorney General in assisting the State's
2 Attorneys in counties other than Cook County.
3 The Public Defender and State's Attorney in Cook County,
4 the State Appellate Defender, the State's Attorneys Appellate
5 Prosecutor, and the Attorney General may each request
6 supplemental appropriations from the Trust Fund during the
7 fiscal year.
8 (e) Moneys in the Trust Fund shall be expended only as
9 follows:
10 (1) To pay the State Treasurer's costs to
11 administer the Trust Fund. The amount for this purpose
12 may not exceed 5% in any one fiscal year of the amount
13 otherwise appropriated from the Trust Fund in the same
14 fiscal year.
15 (2) To pay the capital litigation expenses of trial
16 defense including, but not limited to, investigatory and
17 other assistance, expert, forensic, and other witnesses,
18 and mitigation specialists, including forensic DNA
19 testing under Section 116-3 of the Code of Criminal
20 Procedure of 1963, and grants and aid provided to public
21 defenders or assistance to attorneys who have been
22 appointed by the court to represent defendants who are
23 charged with capital crimes.
24 (3) To pay the compensation of trial attorneys,
25 other than public defenders, who have been appointed by
26 the court to represent defendants who are charged with
27 capital crimes.
28 (4) To provide State's Attorneys with funding for
29 capital litigation expenses including, but not limited
30 to, investigatory and other assistance and expert,
31 forensic, and other witnesses necessary to prosecute
32 capital cases. State's Attorneys in any county other
33 than Cook County seeking funding for capital litigation
34 expenses including, but not limited to, investigatory and
-27- LRB093 04396 RLC 12825 a
1 other assistance and expert, forensic, or other witnesses
2 under this Section may request that the State's Attorneys
3 Appellate Prosecutor or the Attorney General, as the case
4 may be, certify the expenses as reasonable, necessary,
5 and appropriate for payment from the Trust Fund, on a
6 form created by the State Treasurer. Upon certification
7 of the expenses and delivery of the certification to the
8 State Treasurer, the Treasurer shall pay the expenses
9 directly from the Capital Litigation Trust Fund if there
10 are sufficient moneys in the Trust Fund to pay the
11 expenses.
12 (5) To provide financial support through the
13 Attorney General pursuant to the Attorney General Act for
14 the several county State's Attorneys outside of Cook
15 County, but shall not be used to increase personnel for
16 the Attorney General's Office.
17 (6) To provide financial support through the
18 State's Attorneys Appellate Prosecutor pursuant to the
19 State's Attorneys Appellate Prosecutor's Act for the
20 several county State's Attorneys outside of Cook County,
21 but shall not be used to increase personnel for the
22 State's Attorneys Appellate Prosecutor.
23 (7) To provide financial support to the State
24 Appellate Defender pursuant to the State Appellate
25 Defender Act.
26 Moneys expended from the Trust Fund shall be in addition
27 to county funding for Public Defenders and State's Attorneys,
28 and shall not be used to supplant or reduce ordinary and
29 customary county funding.
30 (f) Moneys in the Trust Fund shall be appropriated to
31 the State Appellate Defender, the State's Attorneys Appellate
32 Prosecutor, the Attorney General, and the State Treasurer.
33 The State Appellate Defender shall receive an appropriation
34 from the Trust Fund to enable it to provide assistance to
-28- LRB093 04396 RLC 12825 a
1 appointed defense counsel throughout the State and to Public
2 Defenders in counties other than Cook. The State's Attorneys
3 Appellate Prosecutor and the Attorney General shall receive
4 appropriations from the Trust Fund to enable them to provide
5 assistance to State's Attorneys in counties other than Cook
6 County. Moneys shall be appropriated to the State Treasurer
7 to enable the Treasurer (i) to make grants to Cook County,
8 (ii) to pay the expenses of Public Defenders and State's
9 Attorneys in counties other than Cook County, (iii) to pay
10 the expenses and compensation of appointed defense counsel in
11 counties other than Cook County, and (iv) to pay the costs of
12 administering the Trust Fund. All expenditures and grants
13 made from the Trust Fund shall be subject to audit by the
14 Auditor General.
15 (g) For Cook County, grants from the Trust Fund shall be
16 made and administered as follows:
17 (1) For each State fiscal year, the State's
18 Attorney and Public Defender must each make a separate
19 application to the State Treasurer for capital litigation
20 grants.
21 (2) The State Treasurer shall establish rules and
22 procedures for grant applications. The rules shall
23 require the Cook County Treasurer as the grant recipient
24 to report on a periodic basis to the State Treasurer how
25 much of the grant has been expended, how much of the
26 grant is remaining, and the purposes for which the grant
27 has been used. The rules may also require the Cook
28 County Treasurer to certify on a periodic basis that
29 expenditures of the funds have been made for expenses
30 that are reasonable, necessary, and appropriate for
31 payment from the Trust Fund.
32 (3) The State Treasurer shall make the grants to
33 the Cook County Treasurer as soon as possible after the
34 beginning of the State fiscal year.
-29- LRB093 04396 RLC 12825 a
1 (4) The State's Attorney or Public Defender may
2 apply for supplemental grants during the fiscal year.
3 (5) Grant moneys shall be paid to the Cook County
4 Treasurer in block grants and held in separate accounts
5 for the State's Attorney, the Public Defender, and court
6 appointed defense counsel other than the Cook County
7 Public Defender, respectively, for the designated fiscal
8 year, and are not subject to county appropriation.
9 (6) Expenditure of grant moneys under this
10 subsection (g) is subject to audit by the Auditor
11 General.
12 (7) The Cook County Treasurer shall immediately
13 make payment from the appropriate separate account in the
14 county treasury for capital litigation expenses to the
15 State's Attorney, Public Defender, or court appointed
16 defense counsel other than the Public Defender, as the
17 case may be, upon order of the State's Attorney, Public
18 Defender or the court, respectively.
19 (h) If a defendant in a capital case in Cook County is
20 represented by court appointed counsel other than the Cook
21 County Public Defender, the appointed counsel shall petition
22 the court for an order directing the Cook County Treasurer to
23 pay the court appointed counsel's reasonable and necessary
24 compensation and capital litigation expenses from grant
25 moneys provided from the Trust Fund. These petitions shall be
26 considered in camera. Orders denying petitions for
27 compensation or expenses are final. Counsel may not petition
28 for expenses that may have been provided or compensated by
29 the State Appellate Defender under item (c)(5) of Section 10
30 of the State Appellate Defender Act.
31 (i) In counties other than Cook County, and excluding
32 capital litigation expenses or services that may have been
33 provided by the State Appellate Defender under item (c)(5) of
34 Section 10 of the State Appellate Defender Act:
-30- LRB093 04396 RLC 12825 a
1 (1) Upon certification by the circuit court, on a
2 form created by the State Treasurer, that all or a
3 portion of the expenses are reasonable, necessary, and
4 appropriate for payment from the Trust Fund and the
5 court's delivery of the certification to the Treasurer,
6 the Treasurer shall pay the certified expenses of Public
7 Defenders from the money appropriated to the Treasurer
8 for capital litigation expenses of Public Defenders in
9 any county other than Cook County, if there are
10 sufficient moneys in the Trust Fund to pay the expenses.
11 (2) If a defendant in a capital case is represented
12 by court appointed counsel other than the Public
13 Defender, the appointed counsel shall petition the court
14 to certify compensation and capital litigation expenses
15 including, but not limited to, investigatory and other
16 assistance, expert, forensic, and other witnesses, and
17 mitigation specialists as reasonable, necessary, and
18 appropriate for payment from the Trust Fund. Upon
19 certification on a form created by the State Treasurer of
20 all or a portion of the compensation and expenses
21 certified as reasonable, necessary, and appropriate for
22 payment from the Trust Fund and the court's delivery of
23 the certification to the Treasurer, the State Treasurer
24 shall pay the certified compensation and expenses from
25 the money appropriated to the Treasurer for that purpose,
26 if there are sufficient moneys in the Trust Fund to make
27 those payments.
28 (3) A petition for capital litigation expenses
29 under this subsection shall be considered in camera.
30 Orders denying petitions for compensation or expenses are
31 final.
32 (j) If the Trust Fund is discontinued or dissolved by an
33 Act of the General Assembly or by operation of law, any
34 balance remaining in the Trust Fund shall be returned to the
-31- LRB093 04396 RLC 12825 a
1 General Revenue Fund after deduction of administrative costs,
2 any other provision of this Act to the contrary
3 notwithstanding.
4 (Source: P.A. 91-589, eff. 1-1-00.)
5 (725 ILCS 124/19)
6 (Section scheduled to be repealed on July 1, 2004)
7 Sec. 19. Report; repeal.
8 (a) The Cook County Public Defender, the Cook County
9 State's Attorney, the State Appellate Defender, the State's
10 Attorneys Appellate Prosecutor, and the Attorney General
11 shall each report separately to the General Assembly by
12 January 1, 2004 detailing the amounts of money received by
13 them through this Act, the uses for which those funds were
14 expended, the balances then in the Capital Litigation Trust
15 Fund or county accounts, as the case may be, dedicated to
16 them for the use and support of Public Defenders, appointed
17 trial defense counsel, and State's Attorneys, as the case may
18 be. The report shall describe and discuss the need for
19 continued funding through the Fund and contain any
20 suggestions for changes to this Act.
21 (b) (Blank)Unless the General Assembly provides
22 otherwise, this Act is repealed on July 1, 2004.
23 (Source: P.A. 91-589, eff. 1-1-00.)
24 Section 25. The Unified Code of Corrections is amended
25 by changing Sections 3-3-13 and 5-4-3 as follows:
26 (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
27 Sec. 3-3-13. Procedure for Executive Clemency.
28 (a) Petitions seeking pardon, commutation, or reprieve
29 shall be addressed to the Governor and filed with the
30 Prisoner Review Board. The petition shall be in writing and
31 signed by the person under conviction or by a person on his
-32- LRB093 04396 RLC 12825 a
1 behalf. It shall contain a brief history of the case, the
2 reasons for seeking executive clemency, and other relevant
3 information the Board may require.
4 (a-5) After a petition has been denied by the Governor,
5 the Board may not accept a repeat petition for executive
6 clemency for the same person until one full year has elapsed
7 from the date of the denial. The Chairman of the Board may
8 waive the one-year requirement if the petitioner offers in
9 writing new information that was unavailable to the
10 petitioner at the time of the filing of the prior petition
11 and which the Chairman determines to be significant. The
12 Chairman also may waive the one-year waiting period if the
13 petitioner can show that a change in circumstances of a
14 compelling humanitarian nature has arisen since the denial of
15 the prior petition.
16 (b) Notice of the proposed application shall be given by
17 the Board to the committing court and the state's attorney of
18 the county where the conviction was had.
19 (c) The Board shall, if requested and upon due notice,
20 give a hearing to each application, allowing representation
21 by counsel, if desired, after which it shall confidentially
22 advise the Governor by a written report of its
23 recommendations which shall be determined by majority vote.
24 The Board shall meet to consider such petitions no less than
25 4 times each year.
26 Application for executive clemency under this Section may
27 not be commenced on behalf of a person who has been sentenced
28 to death without the written consent of the defendant, unless
29 the defendant, because of a mental or physical condition, is
30 incapable of asserting his or her own claim.
31 All petitions for executive clemency on behalf of a
32 person who is sentenced to death must be filed with the
33 Prisoner Review Board within 30 days from the date that the
34 Supreme Court has issued a final order setting the execution
-33- LRB093 04396 RLC 12825 a
1 date. The Governor or the Chairman of the Prisoner Review
2 Board may waive the 30-day requirement if the petitioner has
3 just cause for not filing the petition within the appropriate
4 time limitations.
5 (d) The Governor shall decide each application and
6 communicate his decision to the Board which shall notify the
7 petitioner.
8 In the event a petitioner who has been convicted of a
9 Class X felony is granted a release, after the Governor has
10 communicated such decision to the Board, the Board shall give
11 written notice to the Sheriff of the county from which the
12 offender was sentenced if such sheriff has requested that
13 such notice be given on a continuing basis. In cases where
14 arrest of the offender or the commission of the offense took
15 place in any municipality with a population of more than
16 10,000 persons, the Board shall also give written notice to
17 the proper law enforcement agency for said municipality which
18 has requested notice on a continuing basis.
19 (e) Nothing in this Section shall be construed to limit
20 the power of the Governor under the constitution to grant a
21 reprieve, commutation of sentence, or pardon.
22 (Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)
23 (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
24 Sec. 5-4-3. Persons convicted of, or found delinquent
25 for, certain offenses or institutionalized as sexually
26 dangerous; specimens; genetic marker groups.
27 (a) Any person convicted of, found guilty under the
28 Juvenile Court Act of 1987 for, or who received a disposition
29 of court supervision for, a qualifying offense or attempt of
30 a qualifying offense, convicted or found guilty of any
31 offense classified as a felony under Illinois law, found
32 guilty or given supervision for any offense classified as a
33 felony under the Juvenile Court Act of 1987, or
-34- LRB093 04396 RLC 12825 a
1 institutionalized as a sexually dangerous person under the
2 Sexually Dangerous Persons Act, or committed as a sexually
3 violent person under the Sexually Violent Persons Commitment
4 Act shall, regardless of the sentence or disposition imposed,
5 be required to submit specimens of blood, saliva, or tissue
6 to the Illinois Department of State Police in accordance with
7 the provisions of this Section, provided such person is:
8 (1) convicted of a qualifying offense or attempt of
9 a qualifying offense on or after July 1, 1990the
10 effective date of this amendatory Act of 1989, and
11 sentenced to a term of imprisonment, periodic
12 imprisonment, fine, probation, conditional discharge or
13 any other form of sentence, or given a disposition of
14 court supervision for the offense;, or
15 (1.5) found guilty or given supervision under the
16 Juvenile Court Act of 1987 for a qualifying offense or
17 attempt of a qualifying offense on or after January 1,
18 1997;the effective date of this amendatory Act of 1996,
19 or
20 (2) ordered institutionalized as a sexually
21 dangerous person on or after July 1, 1990;the effective
22 date of this amendatory Act of 1989, or
23 (3) convicted of a qualifying offense or attempt of
24 a qualifying offense before July 1, 1990the effective
25 date of this amendatory Act of 1989 and is presently
26 confined as a result of such conviction in any State
27 correctional facility or county jail or is presently
28 serving a sentence of probation, conditional discharge or
29 periodic imprisonment as a result of such conviction;, or
30 (3.5) convicted or found guilty of any offense
31 classified as a felony under Illinois law or found guilty
32 or given supervision for such an offense under the
33 Juvenile Court Act of 1987 on or after August 22, 2002;
34 the effective date of this amendatory Act of the 92nd
-35- LRB093 04396 RLC 12825 a
1 General Assembly, or
2 (4) presently institutionalized as a sexually
3 dangerous person or presently institutionalized as a
4 person found guilty but mentally ill of a sexual offense
5 or attempt to commit a sexual offense; or
6 (4.5) ordered committed as a sexually violent
7 person on or after the effective date of the Sexually
8 Violent Persons Commitment Act; or
9 (5) seeking transfer to or residency in Illinois
10 under Sections 3-3-11.05 through 3-3-11.5 of the Unified
11 Code of Corrections and the Interstate Compact for Adult
12 Offender Supervision or the Interstate Agreements on
13 Sexually Dangerous Persons Act.
14 Notwithstanding other provisions of this Section, any
15 person incarcerated in a facility of the Illinois Department
16 of Corrections on or after August 22, 2002the effective date
17 of this amendatory Act of the 92nd General Assembly shall be
18 required to submit a specimen of blood, saliva, or tissue
19 prior to his or her release on parole or mandatory supervised
20 release, as a condition of his or her parole or mandatory
21 supervised release.
22 (a-5) Any person who was otherwise convicted of or
23 received a disposition of court supervision for any other
24 offense under the Criminal Code of 1961 or who was found
25 guilty or given supervision for such a violation under the
26 Juvenile Court Act of 1987, may, regardless of the sentence
27 imposed, be required by an order of the court to submit
28 specimens of blood, saliva, or tissue to the Illinois
29 Department of State Police in accordance with the provisions
30 of this Section.
31 (b) Any person required by paragraphs (a)(1), (a)(1.5),
32 (a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
33 saliva, or tissue shall provide specimens of blood, saliva,
34 or tissue within 45 days after sentencing or disposition at a
-36- LRB093 04396 RLC 12825 a
1 collection site designated by the Illinois Department of
2 State Police.
3 (c) Any person required by paragraphs (a)(3), (a)(4),
4 and (a)(4.5) to provide specimens of blood, saliva, or tissue
5 shall be required to provide such samples prior to final
6 discharge, parole, or release at a collection site designated
7 by the Illinois Department of State Police.
8 (c-5) Any person required by paragraph (a)(5) to provide
9 specimens of blood, saliva, or tissue shall, where feasible,
10 be required to provide the specimens before being accepted
11 for conditioned residency in Illinois under the interstate
12 compact or agreement, but no later than 45 days after arrival
13 in this State.
14 (c-6) The Illinois Department of State Police may
15 determine which type of specimen or specimens, blood, saliva,
16 or tissue, is acceptable for submission to the Division of
17 Forensic Services for analysis.
18 (d) The Illinois Department of State Police shall
19 provide all equipment and instructions necessary for the
20 collection of blood samples. The collection of samples shall
21 be performed in a medically approved manner. Only a
22 physician authorized to practice medicine, a registered nurse
23 or other qualified person trained in venipuncture may
24 withdraw blood for the purposes of this Act. The samples
25 shall thereafter be forwarded to the Illinois Department of
26 State Police, Division of Forensic Services, for analysis and
27 categorizing into genetic marker groupings.
28 (d-1) The Illinois Department of State Police shall
29 provide all equipment and instructions necessary for the
30 collection of saliva samples. The collection of saliva
31 samples shall be performed in a medically approved manner.
32 Only a person trained in the instructions promulgated by the
33 Illinois State Police on collecting saliva may collect saliva
34 for the purposes of this Section. The samples shall
-37- LRB093 04396 RLC 12825 a
1 thereafter be forwarded to the Illinois Department of State
2 Police, Division of Forensic Services, for analysis and
3 categorizing into genetic marker groupings.
4 (d-2) The Illinois Department of State Police shall
5 provide all equipment and instructions necessary for the
6 collection of tissue samples. The collection of tissue
7 samples shall be performed in a medically approved manner.
8 Only a person trained in the instructions promulgated by the
9 Illinois State Police on collecting tissue may collect tissue
10 for the purposes of this Section. The samples shall
11 thereafter be forwarded to the Illinois Department of State
12 Police, Division of Forensic Services, for analysis and
13 categorizing into genetic marker groupings.
14 (d-5) To the extent that funds are available, the
15 Illinois Department of State Police shall contract with
16 qualified personnel and certified laboratories for the
17 collection, analysis, and categorization of known samples.
18 (e) The genetic marker groupings shall be maintained by
19 the Illinois Department of State Police, Division of Forensic
20 Services.
21 (f) The genetic marker grouping analysis information
22 obtained pursuant to this Act shall be confidential and shall
23 be released only to peace officers of the United States, of
24 other states or territories, of the insular possessions of
25 the United States, of foreign countries duly authorized to
26 receive the same, to all peace officers of the State of
27 Illinois and to all prosecutorial agencies. Notwithstanding
28 the limits on disclosure stated by this subsection (f), the
29 genetic marker grouping analysis information obtained under
30 this Act also may be released by court order pursuant to a
31 motion under Section 114-15 of the Code of Criminal Procedure
32 of 1963 to a defendant who meets all of the requirements
33 under that Section. The genetic marker grouping analysis
34 information obtained pursuant to this Act shall be used only
-38- LRB093 04396 RLC 12825 a
1 for (i) valid law enforcement identification purposes and as
2 required by the Federal Bureau of Investigation for
3 participation in the National DNA database or (ii) technology
4 validation purposes. Notwithstanding any other statutory
5 provision to the contrary, all information obtained under
6 this Section shall be maintained in a single State data base,
7 which may be uploaded into a national database, and which
8 information may be subject to expungement only as set forth
9 in subsection (f-1).
10 (f-1) Upon receipt of notification of a reversal of a
11 conviction based on actual innocence, or of the granting of a
12 pardon pursuant to Section 12 of Article V of the Illinois
13 Constitution, if that pardon document specifically states
14 that the reason for the pardon is the actual innocence of an
15 individual whose DNA record has been stored in the State or
16 national DNA identification index in accordance with this
17 Section by the Illinois Department of State Police, the DNA
18 record shall be expunged from the DNA identification index,
19 and the Department shall by rule prescribe procedures to
20 ensure that the record and any samples, analyses, or other
21 documents relating to such record, whether in the possession
22 of the Department or any law enforcement or police agency, or
23 any forensic DNA laboratory, including any duplicates or
24 copies thereof, are destroyed and a letter is sent to the
25 court verifying the expungement is completed.
26 (f-5) Any person who intentionally uses genetic marker
27 grouping analysis information, or any other information
28 derived from a DNA sample, beyond the authorized uses as
29 provided under this Section, or any other Illinois law, is
30 guilty of a Class 4 felony, and shall be subject to a fine of
31 not less than $5,000.
32 (g) For the purposes of this Section, "qualifying
33 offense" means any of the following:
34 (1) any violation or inchoate violation of Section
-39- LRB093 04396 RLC 12825 a
1 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or 12-16 of the
2 Criminal Code of 1961;, or
3 (1.1) any violation or inchoate violation of
4 Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
5 18-3, 18-4, 19-1, or 19-2 of the Criminal Code of 1961
6 for which persons are convicted on or after July 1,
7 2001;, or
8 (2) any former statute of this State which defined
9 a felony sexual offense;, or
10 (3) (blank);, or
11 (4) any inchoate violation of Section 9-3.1,
12 11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961;,
13 or
14 (5) any violation or inchoate violation of Article
15 29D of the Criminal Code of 1961.
16 (g-5) (Blank).
17 (h) The Illinois Department of State Police shall be the
18 State central repository for all genetic marker grouping
19 analysis information obtained pursuant to this Act. The
20 Illinois Department of State Police may promulgate rules for
21 the form and manner of the collection of blood, saliva, or
22 tissue samples and other procedures for the operation of this
23 Act. The provisions of the Administrative Review Law shall
24 apply to all actions taken under the rules so promulgated.
25 (i) A person required to provide a blood, saliva, or
26 tissue specimen shall cooperate with the collection of the
27 specimen and any deliberate act by that person intended to
28 impede, delay or stop the collection of the blood, saliva, or
29 tissue specimen is a Class A misdemeanor.
30 (j) Any person required by subsection (a) to submit
31 specimens of blood, saliva, or tissue to the Illinois
32 Department of State Police for analysis and categorization
33 into genetic marker grouping, in addition to any other
34 disposition, penalty, or fine imposed, shall pay an analysis
-40- LRB093 04396 RLC 12825 a
1 fee of $200. If the analysis fee is not paid at the time of
2 sentencing, the court shall establish a fee schedule by which
3 the entire amount of the analysis fee shall be paid in full,
4 such schedule not to exceed 24 months from the time of
5 conviction. The inability to pay this analysis fee shall not
6 be the sole ground to incarcerate the person.
7 (k) All analysis and categorization fees provided for by
8 subsection (j) shall be regulated as follows:
9 (1) The State Offender DNA Identification System
10 Fund is hereby created as a special fund in the State
11 Treasury.
12 (2) All fees shall be collected by the clerk of the
13 court and forwarded to the State Offender DNA
14 Identification System Fund for deposit. The clerk of the
15 circuit court may retain the amount of $10 from each
16 collected analysis fee to offset administrative costs
17 incurred in carrying out the clerk's responsibilities
18 under this Section.
19 (3) Fees deposited into the State Offender DNA
20 Identification System Fund shall be used by Illinois
21 State Police crime laboratories as designated by the
22 Director of State Police. These funds shall be in
23 addition to any allocations made pursuant to existing
24 laws and shall be designated for the exclusive use of
25 State crime laboratories. These uses may include, but
26 are not limited to, the following:
27 (A) Costs incurred in providing analysis and
28 genetic marker categorization as required by
29 subsection (d).
30 (B) Costs incurred in maintaining genetic
31 marker groupings as required by subsection (e).
32 (C) Costs incurred in the purchase and
33 maintenance of equipment for use in performing
34 analyses.
-41- LRB093 04396 RLC 12825 a
1 (D) Costs incurred in continuing research and
2 development of new techniques for analysis and
3 genetic marker categorization.
4 (E) Costs incurred in continuing education,
5 training, and professional development of forensic
6 scientists regularly employed by these laboratories.
7 (l) The failure of a person to provide a specimen, or of
8 any person or agency to collect a specimen, within the 45 day
9 period shall in no way alter the obligation of the person to
10 submit such specimen, or the authority of the Illinois
11 Department of State Police or persons designated by the
12 Department to collect the specimen, or the authority of the
13 Illinois Department of State Police to accept, analyze and
14 maintain the specimen or to maintain or upload results of
15 genetic marker grouping analysis information into a State or
16 national database.
17 (Source: P.A. 91-528, eff. 1-1-00; 92-16, eff. 6-28-01;
18 92-40, eff. 6-29-01; 92-571, eff. 6-26-02; 92-600, eff.
19 6-28-02; 92-829, eff. 8-22-02; 92-854, eff. 12-5-02; revised
20 1-20-03.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.".
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