Full Text of HB5241 94th General Assembly
HB5241ham002 94TH GENERAL ASSEMBLY
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Rep. Jim Durkin
Filed: 3/1/2006
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09400HB5241ham002 |
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LRB094 16749 EFG 56862 a |
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| AMENDMENT TO HOUSE BILL 5241
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| AMENDMENT NO. ______. Amend House Bill 5241, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Department of State Police Law of the
Civil | 6 |
| Administrative Code of Illinois is amended by changing Section | 7 |
| 2605-40 as follows:
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| (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
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| Sec. 2605-40. Division of Forensic Services. | 10 |
| (a) The Division of
Forensic Services shall exercise the | 11 |
| following functions:
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| (1) Exercise the rights, powers, and duties vested by
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| law in the Department by the Criminal Identification Act.
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| (2) Exercise the rights, powers, and duties vested by
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| law in the Department by Section 2605-300 of this Law.
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| (3) Provide assistance to local law enforcement | 17 |
| agencies
through training, management, and consultant | 18 |
| services.
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| (4) (Blank).
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| (5) Exercise other duties that may be assigned by the | 21 |
| Director in
order to fulfill the responsibilities and | 22 |
| achieve the purposes of the
Department.
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| (6) Establish and operate a forensic science | 24 |
| laboratory system,
including a forensic toxicological |
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| laboratory service, for the purpose of
testing specimens | 2 |
| submitted by coroners and other law enforcement officers
in | 3 |
| their efforts to determine whether alcohol, drugs, or | 4 |
| poisonous or other
toxic substances have been involved in | 5 |
| deaths, accidents, or illness.
Forensic toxicological | 6 |
| laboratories shall be established in Springfield,
Chicago, | 7 |
| and elsewhere in the State as needed.
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| (7) Subject to specific appropriations made for these | 9 |
| purposes, establish
and coordinate a system for providing | 10 |
| accurate and expedited
forensic science and other | 11 |
| investigative and laboratory services to local law
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| enforcement agencies and local State's Attorneys in aid of | 13 |
| the investigation
and trial of capital cases. | 14 |
| (b) When used in this Section, the following words and | 15 |
| terms shall have the meanings ascribed to them in this | 16 |
| subsection: | 17 |
| "Forensic laboratory" means any laboratory operated by the | 18 |
| Division of Forensic Services that performs forensic testing on | 19 |
| evidence in an investigation or other proceeding for the | 20 |
| prosecution of a violation of the Criminal Code of 1961 or for | 21 |
| matters adjudicated under the Juvenile Court Act of 1987. | 22 |
| "Forensic testing" includes the analysis of physical | 23 |
| evidence in an investigation or other proceeding for the | 24 |
| prosecution of a violation of the Criminal Code of 1961 or for | 25 |
| matters adjudicated under the Juvenile Court Act of 1987, and | 26 |
| includes the use of forensic databases and databanks, including | 27 |
| DNA, firearm, and fingerprint databases, and expert testimony. | 28 |
| "ISO accreditation" means accreditation under standard | 29 |
| 17025 of the International Organization for Standardization. | 30 |
| (c) A forensic laboratory authorized under this Section | 31 |
| must establish and carry out procedures to ensure, upon | 32 |
| subpoena request by prosecution or defense counsel, complete | 33 |
| disclosure in legal proceedings. Disclosure shall include, but | 34 |
| is not limited to, all reports, notes, and conversation logs, |
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| quality assurance and quality control (QA/QC) documentation, | 2 |
| protocol and procedure manuals, unless the disclosure would be | 3 |
| burdensome and duplicative, command directives and other | 4 |
| statements of procedure and policy relating to forensic | 5 |
| testing, validation studies, documentation relating to | 6 |
| corrective actions and remedial actions, incidents, incident | 7 |
| logs, errors, and incidents of contamination, proficiency | 8 |
| tests, and results. This disclosure obligation also applies to | 9 |
| any subcontractors used by the forensic laboratory to undertake | 10 |
| forensic examinations. Forensic laboratories shall also ensure | 11 |
| prosecution and defense counsel reasonable access to interview | 12 |
| personnel involved in the case. This shall include cases that | 13 |
| the laboratory sends to other contract laboratories as | 14 |
| subcontractors. Costs for interviews and discovery materials | 15 |
| in cases involving subcontractors shall be born by the Illinois | 16 |
| State Police. Disclosure shall be limited to the documents and | 17 |
| personnel used in the pending case unless a court determines | 18 |
| that additional discovery is material and relevant. | 19 |
| (d) Forensic laboratories authorized under this Section | 20 |
| shall report to the Illinois Laboratory Advisory Committee: | 21 |
| (i) allegations made known to the Illinois State Police | 22 |
| against a forensic laboratory or its staff of | 23 |
| misrepresentation of data, credentials, test results, | 24 |
| testimony, or any deception or misrepresentation in | 25 |
| obtaining forensic laboratory accreditation; | 26 |
| (ii) results from any and all investigations regarding | 27 |
| allegations or incidents disclosed under subdivision | 28 |
| (a)(i) of this Section with supporting documentation; | 29 |
| (iii) instances of errors in the performance of | 30 |
| forensic laboratory examination procedures or incidents of | 31 |
| contamination; and | 32 |
| (iv) incidents where full and complete disclosure is | 33 |
| not made to counsel or interviews are not provided to | 34 |
| counsel. |
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| Any complaint or allegation reported under subdivision | 2 |
| (d)(i) or (d)(ii) shall cause the Committee Chair to appoint a | 3 |
| balanced subcommittee to review the complaint or allegation and | 4 |
| timely report back to the full Illinois Laboratory Advisory | 5 |
| Committee with recommendations on the appropriate action and | 6 |
| response. If a complaint or allegation, reported under | 7 |
| subdivision (d)(i) or (d)(ii), is filed against a Committee | 8 |
| member or his or her representative agency, that member is | 9 |
| prohibited from serving on the subcommittee to review the | 10 |
| complaint or allegation and prohibited from voting on any | 11 |
| recommendation for appropriate action and response related to | 12 |
| that complaint or allegation. If the complaint or allegation is | 13 |
| determined to be unfounded, the subcommittee shall report that | 14 |
| finding to the full Committee. | 15 |
| (e) A forensic laboratory authorized under this Section | 16 |
| shall respond to all inquiries from the Illinois Laboratory | 17 |
| Advisory Committee.
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| (f) Notwithstanding any provision of this Section to the | 19 |
| contrary, no private or public laboratory shall be granted a | 20 |
| subcontract to conduct forensic testing of evidence unless that | 21 |
| laboratory has acquired ISO accreditation.
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| (Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00; 91-589, | 23 |
| eff. 1-1-00;
91-760, eff. 1-1-01.)
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| Section 10. The Illinois Laboratory Advisory Committee Act | 25 |
| is amended by changing Section 5 as follows: | 26 |
| (20 ILCS 3981/5)
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| Sec. 5. Illinois Laboratory Advisory Committee; creation. | 28 |
| (a) There is created the Illinois Laboratory Advisory | 29 |
| Committee (hereinafter referred to as the Committee).
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| (b) The Committee shall consist of 16
15 members appointed | 31 |
| as follows:
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| (1) one member who is a scientist from the Department |
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| of Agriculture, appointed by the Director of Agriculture; | 2 |
| (2) one member who is a scientist from the Department | 3 |
| of Natural Resources, appointed by the Director of Natural | 4 |
| Resources; | 5 |
| (3) one member who is a scientist from the Department | 6 |
| of Public Health, appointed by the Director of Public | 7 |
| Health; | 8 |
| (4) one member who is a scientist from the Department | 9 |
| of State Police, appointed by the Director of State Police; | 10 |
| (5) one member who is a scientist from the | 11 |
| Environmental Protection Agency, appointed by the Director | 12 |
| of the Environmental Protection Agency; | 13 |
| (6) one member who is a scientist from the Illinois | 14 |
| Emergency Management Agency, appointed by the Director of | 15 |
| the Illinois Emergency Management Agency; | 16 |
| (7) one member who is a scientist from the Department | 17 |
| of Transportation, appointed by the Secretary of | 18 |
| Transportation; | 19 |
| (8) one member who is a licensed attorney, with | 20 |
| expertise in scientific evidence, appointed by the Cook | 21 |
| County Public Defender;
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| (9) one member who is a licensed attorney, with | 23 |
| expertise in scientific evidence, appointed by the Cook | 24 |
| County State's Attorney;
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| (10) one member who is a licensed attorney, with | 26 |
| expertise in scientific evidence, appointed by the State | 27 |
| Appellate Defender;
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| (11) one member who is a licensed attorney, with | 29 |
| expertise in scientific evidence, appointed by the | 30 |
| Director of the Office of the State's Attorneys Appellate | 31 |
| Prosecutor;
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| (12) one member who is a licensed attorney, with | 33 |
| expertise in scientific evidence, appointed by the | 34 |
| Attorney General;
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| (13) one member who is an academic scientist with an | 2 |
| advanced degree in life, physical, or medical sciences | 3 |
| appointed by the Attorney General;
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| (14) one member who is a scientist employed by the | 5 |
| DuPage County Sheriff's Crime Laboratory appointed by the | 6 |
| DuPage County Sheriff's Crime Laboratory Director; and | 7 |
| (15) one member who is an academic forensic scientist | 8 |
| with an advanced degree in the life, physical, | 9 |
| criminalistic, or medical sciences appointed by the | 10 |
| president of the University of Illinois ; and
.
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| (16) one member who is a forensic scientist employed by | 12 |
| an in-state private forensic laboratory that has ISO | 13 |
| accreditation. | 14 |
| (a-5) For the purposes of this Section, "ISO accreditation" | 15 |
| has the meaning provided in Section 2605-40 of the Department | 16 |
| of State Police Law of the
Civil Administrative Code of | 17 |
| Illinois.
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| (c) The Committee Chairperson may appoint one ex officio | 19 |
| member representing private laboratories, and one ex officio | 20 |
| member who is a scientist representing the Northern Illinois | 21 |
| Police Crime Laboratory.
The president of the University of | 22 |
| Illinois may appoint one ex officio member to the Committee | 23 |
| representing social scientists.
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| (d) Appointments to the Committee shall be made within 90 | 25 |
| days after the effective date of this Act with the first | 26 |
| meeting of the Committee being held no later than 180 days | 27 |
| following the effective date of this Act. The members of the | 28 |
| Committee shall choose a chairperson from among its members. | 29 |
| The chairperson shall serve a 2-year term and shall be | 30 |
| responsible for convening meetings, setting agendas, and | 31 |
| finalizing reports. | 32 |
| (e) For the purpose of ensuring continuity on the | 33 |
| Committee, each member of the Committee shall serve a 4-year | 34 |
| term except 5 members, chosen at random, who shall serve an |
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| initial term of 2 years, after which they shall be eligible for | 2 |
| reappointment for a term of 4 years. Members shall serve at the | 3 |
| discretion of their appointing authorities.
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| (f) Vacancies on the Committee shall be filled in | 5 |
| accordance with subsections (b) and (e). A member of the | 6 |
| Committee appointed to fill a vacancy shall serve for the | 7 |
| unexpired term of the member whom he or she is succeeding. | 8 |
| (g) The Committee shall not be compensated. Travel costs | 9 |
| associated with the Committee shall be reimbursed subject to | 10 |
| the availability of State or the appointing agency's funds. | 11 |
| Funds received from public or private sources shall be governed | 12 |
| by all applicable laws to ensure ethics compliance. There is | 13 |
| established the Illinois Laboratory Advisory Committee Act | 14 |
| Fund in the State treasury into which funds received from | 15 |
| public or private sources shall be deposited for use by the | 16 |
| Committee.
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| (h) The Committee and individual members of the Committee | 18 |
| are immune from any liability, whether civil or criminal, for | 19 |
| the good faith performance of the duties of the Committee as | 20 |
| specified in this Section. | 21 |
| (i) No member of the Committee shall be disqualified from | 22 |
| holding public office or employment, nor shall he or she | 23 |
| forfeit any such office or employment, by reason of appointment | 24 |
| under this Act, and members may not be required to take and | 25 |
| file oaths of office before serving on the Committee.
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| (j) Responsibilities of the Committee. The Committee | 27 |
| shall:
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| (1) establish the rules and procedures concerning the | 29 |
| conduct of Committee meetings and other affairs not | 30 |
| inconsistent with law; | 31 |
| (2) make recommendations regarding improving policy | 32 |
| and procedures to ensure counsel for the defense and | 33 |
| prosecution are receiving all evidence, reports, and | 34 |
| analytical documentation relevant to disclosure; |
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| (3) make recommendations regarding accreditation and | 2 |
| quality assurance as it applies to laboratory testing that | 3 |
| will be in compliance with recognized International | 4 |
| Organization for Standardization and applicable | 5 |
| professional standards; | 6 |
| (4) make recommendations regarding training procedures | 7 |
| to ensure training is conducted consistent with recognized | 8 |
| scientific procedures;
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| (5) make recommendations regarding staffing and | 10 |
| funding needs to ensure resources to obtain accurate, | 11 |
| timely, and complete analysis of all samples submitted for | 12 |
| testing; | 13 |
| (6) make recommendations regarding private | 14 |
| laboratories conducting scientific testing, including | 15 |
| forensic testing, to ensure quality assurance and | 16 |
| accreditation standards are in concert with the | 17 |
| governmental laboratories within the State; | 18 |
| (7) make recommendations to ensure consistency among | 19 |
| judicial orders and rulings as it relates to evidence and | 20 |
| discovery; | 21 |
| (8) examine ways to make more efficient use of the | 22 |
| State laboratories, including facilities, personnel, and | 23 |
| equipment;
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| (9) examine ways to reduce laboratory backlogs;
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| (10) review and comment on the proposed construction, | 26 |
| expansion, or renovation of State laboratory facilities | 27 |
| exceeding $250,000 and generally plan for future | 28 |
| laboratory needs; | 29 |
| (11) conduct such other activities as may be necessary | 30 |
| to provide for the safe and efficient operation of State | 31 |
| laboratories; | 32 |
| (12) make recommendations on other laboratory issues | 33 |
| not listed in this Section as the Committee deems | 34 |
| appropriate; |
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| (13) examine ways to enhance Illinois Homeland | 2 |
| Security through coordination of laboratory services with | 3 |
| the Illinois Terrorism Task Force; | 4 |
| (14) continue to ensure that analysts are provided all | 5 |
| necessary tools and information needed to draw all relevant | 6 |
| scientific conclusions, and consider methods to guarantee | 7 |
| that observations and conclusions are not inadvertently | 8 |
| influenced by extraneous information; and | 9 |
| (15) make annual recommendations in a report filed with | 10 |
| the Governor, General Assembly, and Illinois Supreme Court | 11 |
| to facilitate any of the responsibilities of the Committee. | 12 |
| Reports shall be furnished to all members of the Committee.
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| (Source: P.A. 93-784, eff. 1-1-05.) | 14 |
| Section 15. The Code of Criminal Procedure of 1963 is | 15 |
| amended by changing Section 116-3 as follows: | 16 |
| (725 ILCS 5/116-3)
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| Sec. 116-3. Motion for fingerprint or forensic testing not | 18 |
| available at
trial regarding
actual innocence.
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| (a) A defendant may make a motion before the trial court | 20 |
| that entered the
judgment of conviction in his or her case for | 21 |
| the performance of fingerprint or
forensic DNA testing, | 22 |
| including comparison analysis of genetic marker
groupings of | 23 |
| the evidence collected by criminal justice agencies pursuant to
| 24 |
| the alleged offense, to those of the defendant, to those of | 25 |
| other forensic
evidence, and to those maintained
under | 26 |
| subsection (f) of Section 5-4-3 of the Unified Code of | 27 |
| Corrections,
on evidence that was secured in relation
to the | 28 |
| trial which resulted in his or her conviction, but which was | 29 |
| not subject
to the testing which is now requested because the | 30 |
| technology for the testing
was not available at the time of | 31 |
| trial. Reasonable notice of the motion shall
be served upon the | 32 |
| State.
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| (b) The defendant must present a prima facie case that:
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| (1) identity was the issue in the trial which resulted | 3 |
| in his or her
conviction; and
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| (2) the evidence to be tested has been subject to a | 5 |
| chain of custody
sufficient to establish that it has not | 6 |
| been substituted, tampered with,
replaced, or altered in | 7 |
| any material aspect.
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| (c) The trial court shall allow the testing under | 9 |
| reasonable conditions
designed to protect the State's | 10 |
| interests in the integrity of the evidence and
the testing | 11 |
| process upon a determination that:
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| (1) the result of the testing has the scientific | 13 |
| potential to produce
new, noncumulative evidence | 14 |
| materially relevant to the defendant's assertion of
actual | 15 |
| innocence even though the results may not completely | 16 |
| exonerate the
defendant;
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| (2) the testing requested employs a scientific method | 18 |
| generally accepted
within the relevant scientific | 19 |
| community.
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| (3) when forensic DNA testing is requested, and the | 21 |
| testing is to be performed on or after the effective date | 22 |
| of this amendatory Act of the 94th General Assembly, the | 23 |
| forensic DNA testing shall be performed by (i) an American | 24 |
| Society of Crime Laboratory Directors/Laboratory | 25 |
| Accreditation Board (ASCLD/LAB) accredited laboratory, | 26 |
| (ii) an International Organization for Standardization | 27 |
| (ISO) accredited laboratory, or (iii) an independent | 28 |
| laboratory that a court finds to be qualified to do the | 29 |
| testing required in the pending case.
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| (Source: P.A. 93-605, eff. 11-19-03.)
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| Section 20. The Unified Code of Corrections is amended by | 32 |
| changing Section 5-4-3 as follows:
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| (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
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| Sec. 5-4-3. Persons convicted of, or found delinquent for, | 3 |
| certain
offenses or institutionalized as sexually dangerous; | 4 |
| specimens;
genetic marker groups. | 5 |
| (a) Any person convicted of, found guilty under the | 6 |
| Juvenile Court Act of
1987 for, or who received a disposition | 7 |
| of court supervision for, a qualifying
offense or attempt of a | 8 |
| qualifying offense, convicted or found guilty of any
offense | 9 |
| classified as a felony under Illinois law, found guilty or | 10 |
| given
supervision for any offense classified as a felony under | 11 |
| the Juvenile Court Act
of 1987, or institutionalized as a | 12 |
| sexually dangerous person under the Sexually
Dangerous Persons | 13 |
| Act, or committed as a sexually violent person under the
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| Sexually Violent Persons Commitment Act shall, regardless of | 15 |
| the sentence or
disposition imposed, be required to submit | 16 |
| specimens of blood, saliva, or
tissue to the Illinois | 17 |
| Department of State Police in accordance with the
provisions of | 18 |
| this Section, provided such person is:
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| (1) convicted of a qualifying offense or attempt of a | 20 |
| qualifying offense
on or after July 1, 1990 and sentenced | 21 |
| to a term of imprisonment, periodic imprisonment, fine,
| 22 |
| probation, conditional discharge or any other form of | 23 |
| sentence, or given a
disposition of court supervision for | 24 |
| the offense;
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| (1.5) found guilty or given supervision under the | 26 |
| Juvenile Court Act of
1987 for a qualifying offense or | 27 |
| attempt of a qualifying offense on or after
January 1, | 28 |
| 1997;
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| (2) ordered institutionalized as a sexually dangerous | 30 |
| person on or after
July 1, 1990;
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| (3) convicted of a qualifying offense or attempt of a | 32 |
| qualifying offense
before July 1, 1990
and is presently | 33 |
| confined as a result of such conviction in any State
| 34 |
| correctional facility or county jail or is presently |
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| serving a sentence of
probation, conditional discharge or | 2 |
| periodic imprisonment as a result of such
conviction;
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| (3.5) convicted or found guilty of any offense | 4 |
| classified as a felony
under Illinois law or found guilty | 5 |
| or given supervision for such an offense
under the Juvenile | 6 |
| Court Act of 1987 on or after August 22, 2002;
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| (4) presently institutionalized as a sexually | 8 |
| dangerous person or
presently institutionalized as a | 9 |
| person found guilty but mentally ill of a
sexual offense or | 10 |
| attempt to commit a sexual offense;
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| (4.5) ordered committed as a sexually violent person on | 12 |
| or after the
effective date of the Sexually Violent Persons | 13 |
| Commitment Act; or
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| (5) seeking transfer to or residency in Illinois under | 15 |
| Sections 3-3-11.05
through 3-3-11.5 of the Unified Code of | 16 |
| Corrections and the Interstate Compact
for Adult Offender | 17 |
| Supervision or the Interstate Agreements on Sexually
| 18 |
| Dangerous Persons Act.
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| Notwithstanding other provisions of this Section, any | 20 |
| person incarcerated in
a facility of the Illinois Department of | 21 |
| Corrections on or after August 22,
2002 shall be required to | 22 |
| submit a specimen of blood, saliva, or tissue
prior to his or | 23 |
| her final discharge or release on parole or mandatory
| 24 |
| supervised release, as a
condition of his or her parole or | 25 |
| mandatory supervised release.
| 26 |
| Notwithstanding other provisions of this Section, any | 27 |
| person sentenced to life imprisonment in a facility of the | 28 |
| Illinois Department of Corrections after the effective date of | 29 |
| this amendatory Act of the 94th General Assembly or sentenced | 30 |
| to death after the effective date of this amendatory Act of the | 31 |
| 94th General Assembly shall be required to provide a specimen | 32 |
| of blood, saliva, or tissue within 45 days after sentencing or | 33 |
| disposition at a collection site designated by the Illinois | 34 |
| Department of State Police. Any person serving a sentence of |
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| life imprisonment in a facility of the Illinois Department of | 2 |
| Corrections on the effective date of this amendatory Act of the | 3 |
| 94th General Assembly or any person who is under a sentence of | 4 |
| death on the effective date of this amendatory Act of the 94th | 5 |
| General Assembly shall be required to provide a specimen of | 6 |
| blood, saliva, or tissue upon request at a collection site | 7 |
| designated by the Illinois Department of State Police.
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| (a-5) Any person who was otherwise convicted of or received | 9 |
| a disposition
of court supervision for any other offense under | 10 |
| the Criminal Code of 1961 or
who was found guilty or given | 11 |
| supervision for such a violation under the
Juvenile Court Act | 12 |
| of 1987, may, regardless of the sentence imposed, be
required | 13 |
| by an order of the court to submit specimens of blood, saliva, | 14 |
| or
tissue to the Illinois Department of State Police in | 15 |
| accordance with the
provisions of this Section.
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| (b) Any person required by paragraphs (a)(1), (a)(1.5), | 17 |
| (a)(2), (a)(3.5),
and (a-5) to provide specimens of blood, | 18 |
| saliva, or tissue shall provide
specimens of blood, saliva, or | 19 |
| tissue within 45 days after sentencing or
disposition at a | 20 |
| collection site designated by the Illinois Department of
State | 21 |
| Police.
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| (c) Any person required by paragraphs (a)(3), (a)(4), and | 23 |
| (a)(4.5) to
provide specimens of blood, saliva, or tissue shall | 24 |
| be required to provide
such samples prior to final discharge, | 25 |
| parole, or release at a collection
site designated by the | 26 |
| Illinois Department of State Police.
| 27 |
| (c-5) Any person required by paragraph (a)(5) to provide | 28 |
| specimens of
blood, saliva, or tissue shall, where feasible, be | 29 |
| required to provide the
specimens before being accepted for | 30 |
| conditioned residency in Illinois under
the interstate compact | 31 |
| or agreement, but no later than 45 days after arrival
in this | 32 |
| State.
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| (c-6) The Illinois Department of State Police may determine | 34 |
| which type of
specimen or specimens, blood, saliva, or tissue, |
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| is acceptable for submission
to the Division of Forensic | 2 |
| Services for analysis.
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| (d) The Illinois Department of State Police shall provide | 4 |
| all equipment
and instructions necessary for the collection of | 5 |
| blood samples.
The collection of samples shall be performed in | 6 |
| a medically approved
manner. Only a physician authorized to | 7 |
| practice medicine, a registered
nurse or other qualified person | 8 |
| trained in venipuncture may withdraw blood
for the purposes of | 9 |
| this Act. The samples
shall thereafter be forwarded to the | 10 |
| Illinois Department of State Police,
Division of Forensic | 11 |
| Services, for analysis and
categorizing into genetic marker | 12 |
| groupings.
| 13 |
| (d-1) The Illinois Department of State Police shall provide | 14 |
| all equipment
and instructions necessary for the collection of | 15 |
| saliva samples. The
collection of saliva samples shall be | 16 |
| performed in a medically approved manner.
Only a person trained | 17 |
| in the instructions promulgated by the Illinois State
Police on | 18 |
| collecting saliva may collect saliva for the purposes of this
| 19 |
| Section. The samples shall thereafter be forwarded to the | 20 |
| Illinois Department
of State Police, Division of Forensic | 21 |
| Services, for analysis and categorizing
into genetic marker | 22 |
| groupings.
| 23 |
| (d-2) The Illinois Department of State Police shall provide | 24 |
| all equipment
and instructions necessary for the collection of | 25 |
| tissue samples. The
collection of tissue samples shall be | 26 |
| performed in a medically approved
manner. Only a person trained | 27 |
| in the instructions promulgated by the Illinois
State Police on | 28 |
| collecting tissue may collect tissue for the purposes of this
| 29 |
| Section. The samples shall thereafter be forwarded to the | 30 |
| Illinois Department
of State Police, Division of Forensic | 31 |
| Services, for analysis and categorizing
into genetic marker | 32 |
| groupings.
| 33 |
| (d-5) To the extent that funds are available, the Illinois | 34 |
| Department of
State Police shall contract with qualified |
|
|
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|
| 1 |
| personnel and certified laboratories
for the collection, | 2 |
| analysis, and categorization of known samples , except as | 3 |
| provided in subsection (n) of this Section .
| 4 |
| (d-6) Agencies designated by the Illinois Department of | 5 |
| State Police and
the Illinois Department of State Police may | 6 |
| contract with third parties to
provide for the collection or | 7 |
| analysis of DNA, or both, of an offender's blood,
saliva, and | 8 |
| tissue samples , except as provided in subsection (n) of this | 9 |
| Section .
| 10 |
| (e) The genetic marker groupings shall be maintained by the | 11 |
| Illinois
Department of State Police, Division of Forensic | 12 |
| Services.
| 13 |
| (f) The genetic marker grouping analysis information | 14 |
| obtained pursuant
to this Act shall be confidential and shall | 15 |
| be released only to peace
officers of the United States, of | 16 |
| other states or territories, of the
insular possessions of the | 17 |
| United States, of foreign countries duly
authorized to receive | 18 |
| the same, to all peace officers of the State of
Illinois and to | 19 |
| all prosecutorial agencies, and to defense counsel as
provided | 20 |
| by Section 116-5 of the Code of Criminal Procedure of 1963.
The | 21 |
| genetic marker grouping analysis information obtained pursuant | 22 |
| to
this Act shall be used only for (i) valid law enforcement | 23 |
| identification
purposes and as required by the Federal Bureau | 24 |
| of Investigation for
participation in the National DNA | 25 |
| database, (ii) technology
validation
purposes, (iii) a | 26 |
| population statistics database, (iv) quality
assurance
| 27 |
| purposes if personally identifying information is removed,
(v) | 28 |
| assisting in the defense of the criminally accused pursuant
to
| 29 |
| Section 116-5 of the Code of Criminal Procedure of 1963, or | 30 |
| (vi) identifying and assisting in the prosecution of a person | 31 |
| who is suspected of committing a sexual assault as defined in | 32 |
| Section 1a of the Sexual Assault Survivors Emergency Treatment | 33 |
| Act. Notwithstanding
any other statutory provision to the | 34 |
| contrary,
all information obtained under this Section shall be |
|
|
|
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|
| 1 |
| maintained in a single
State data base, which may be uploaded | 2 |
| into a national database, and which
information may be subject | 3 |
| to expungement only as set forth in subsection
(f-1).
| 4 |
| (f-1) Upon receipt of notification of a reversal of a | 5 |
| conviction based on
actual innocence, or of the granting of a | 6 |
| pardon pursuant to Section 12 of
Article V of the Illinois | 7 |
| Constitution, if that pardon document specifically
states that | 8 |
| the reason for the pardon is the actual innocence of an | 9 |
| individual
whose DNA record has been stored in the State or | 10 |
| national DNA identification
index in accordance with this | 11 |
| Section by the Illinois Department of State
Police, the DNA | 12 |
| record shall be expunged from the DNA identification index, and
| 13 |
| the Department shall by rule prescribe procedures to ensure | 14 |
| that the record and
any samples, analyses, or other documents | 15 |
| relating to such record, whether in
the possession of the | 16 |
| Department or any law enforcement or police agency, or
any | 17 |
| forensic DNA laboratory, including any duplicates or copies | 18 |
| thereof, are
destroyed and a letter is sent to the court | 19 |
| verifying the expungement is
completed.
| 20 |
| (f-5) Any person who intentionally uses genetic marker | 21 |
| grouping analysis
information, or any other information | 22 |
| derived from a DNA sample, beyond the
authorized uses as | 23 |
| provided under this Section, or any other Illinois law, is
| 24 |
| guilty of a Class 4 felony, and shall be subject to a fine of | 25 |
| not less than
$5,000.
| 26 |
| (f-6) The Illinois Department of State Police may contract | 27 |
| with third
parties for the purposes of implementing this | 28 |
| amendatory Act of the 93rd
General Assembly , except as provided | 29 |
| in subsection (n) of this Section . Any other party contracting | 30 |
| to carry out the functions of
this Section shall be subject to | 31 |
| the same restrictions and requirements of this
Section insofar | 32 |
| as applicable, as the Illinois Department of State Police, and
| 33 |
| to any additional restrictions imposed by the Illinois | 34 |
| Department of State
Police.
|
|
|
|
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LRB094 16749 EFG 56862 a |
|
| 1 |
| (g) For the purposes of this Section, "qualifying offense" | 2 |
| means any of
the following:
| 3 |
| (1) any violation or inchoate violation of Section | 4 |
| 11-6, 11-9.1, 11-11,
11-18.1, 12-15, or 12-16 of the | 5 |
| Criminal Code of 1961;
| 6 |
| (1.1) any violation or inchoate violation of Section | 7 |
| 9-1, 9-2, 10-1,
10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, | 8 |
| 18-4, 19-1, or 19-2 of the Criminal
Code of 1961 for which | 9 |
| persons are convicted on or after July 1, 2001;
| 10 |
| (2) any former statute of this State which defined a | 11 |
| felony sexual
offense;
| 12 |
| (3) (blank);
| 13 |
| (4) any inchoate violation of Section 9-3.1, 11-9.3, | 14 |
| 12-7.3, or 12-7.4 of
the Criminal Code of 1961; or
| 15 |
| (5) any violation or inchoate violation of Article 29D | 16 |
| of the Criminal
Code of 1961.
| 17 |
| (g-5) (Blank).
| 18 |
| (h) The Illinois Department of State Police shall be the | 19 |
| State central
repository for all genetic marker grouping | 20 |
| analysis information obtained
pursuant to this Act. The | 21 |
| Illinois Department of State Police may
promulgate rules for | 22 |
| the form and manner of the collection of blood, saliva,
or | 23 |
| tissue samples and other procedures for the operation of this | 24 |
| Act. The
provisions of the Administrative Review Law shall | 25 |
| apply to all actions taken
under the rules so promulgated.
| 26 |
| (i) (1) A person required to provide a blood, saliva, or | 27 |
| tissue specimen
shall
cooperate with the collection of the | 28 |
| specimen and any deliberate act by
that person intended to | 29 |
| impede, delay or stop the collection of the blood,
saliva, | 30 |
| or tissue specimen is a Class A misdemeanor.
| 31 |
| (2) In the event that a person's DNA sample is not | 32 |
| adequate for any
reason, the person shall provide another | 33 |
| DNA sample for analysis. Duly
authorized law
enforcement | 34 |
| and corrections personnel may employ reasonable force in |
|
|
|
09400HB5241ham002 |
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LRB094 16749 EFG 56862 a |
|
| 1 |
| cases in
which an individual refuses to provide a DNA | 2 |
| sample required under this
Act.
| 3 |
| (j) Any person required by subsection (a) to submit | 4 |
| specimens of blood,
saliva, or tissue to
the Illinois | 5 |
| Department of State Police for analysis and categorization into
| 6 |
| genetic marker grouping, in addition to any other disposition, | 7 |
| penalty, or
fine imposed, shall pay an analysis fee of $200. If | 8 |
| the analysis fee is not
paid at the time of sentencing, the | 9 |
| court shall establish a fee schedule by
which the entire amount | 10 |
| of the analysis fee shall be paid in full, such
schedule not to | 11 |
| exceed 24 months from the time of conviction. The inability to
| 12 |
| pay this analysis fee shall not be the sole ground to | 13 |
| incarcerate the person.
| 14 |
| (k) All analysis and categorization fees provided for by | 15 |
| subsection (j)
shall be regulated as follows:
| 16 |
| (1) The State Offender DNA Identification System Fund | 17 |
| is hereby created as
a special fund in the State Treasury.
| 18 |
| (2) All fees shall be collected by the clerk of the | 19 |
| court and forwarded to
the State Offender DNA | 20 |
| Identification System Fund for deposit. The
clerk of the | 21 |
| circuit court may retain the amount of $10 from each | 22 |
| collected
analysis fee to offset administrative costs | 23 |
| incurred in carrying out the
clerk's responsibilities | 24 |
| under this Section.
| 25 |
| (3) Fees deposited into the State Offender DNA | 26 |
| Identification System Fund
shall be used by Illinois State | 27 |
| Police crime laboratories as designated by the
Director of | 28 |
| State Police. These funds shall be in addition to any | 29 |
| allocations
made pursuant to existing laws and shall be | 30 |
| designated for the exclusive use of
State crime | 31 |
| laboratories. These uses may include, but are not limited | 32 |
| to, the
following:
| 33 |
| (A) Costs incurred in providing analysis and | 34 |
| genetic marker
categorization as required by |
|
|
|
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LRB094 16749 EFG 56862 a |
|
| 1 |
| subsection (d).
| 2 |
| (B) Costs incurred in maintaining genetic marker | 3 |
| groupings as required
by subsection (e).
| 4 |
| (C) Costs incurred in the purchase and maintenance | 5 |
| of equipment for use
in performing analyses.
| 6 |
| (D) Costs incurred in continuing research and | 7 |
| development of new
techniques for analysis and genetic | 8 |
| marker categorization.
| 9 |
| (E) Costs incurred in continuing education, | 10 |
| training, and professional
development of forensic | 11 |
| scientists regularly employed by these laboratories.
| 12 |
| (l) The failure of a person to provide a specimen, or of | 13 |
| any person or
agency to collect a specimen, within the 45 day | 14 |
| period shall in no way alter
the obligation of the person to | 15 |
| submit such specimen, or the authority of the
Illinois | 16 |
| Department of State Police or persons designated by the | 17 |
| Department to
collect the specimen, or the authority of the | 18 |
| Illinois Department of State
Police to accept, analyze and | 19 |
| maintain the specimen or to maintain or upload
results of | 20 |
| genetic marker grouping analysis information into a State or
| 21 |
| national database.
| 22 |
| (m) If any provision of this amendatory Act of the 93rd | 23 |
| General Assembly
is
held unconstitutional or otherwise | 24 |
| invalid, the remainder of this amendatory
Act
of the 93rd | 25 |
| General Assembly is not affected. | 26 |
| (n) Neither the Department of State Police, the Division of | 27 |
| Forensic Services, nor any laboratory of the Division of | 28 |
| Forensic Services may contract out forensic testing, as defined | 29 |
| in Section 2605-40 of the Department of State Police Law of the
| 30 |
| Civil Administrative Code of Illinois, for the purpose of an | 31 |
| active investigation or a matter pending before a court of | 32 |
| competent jurisdiction.
| 33 |
| (Source: P.A. 93-216, eff. 1-1-04; 93-605, eff. 11-19-03; | 34 |
| 93-781, eff. 1-1-05; 94-16, eff. 6-13-05.)".
|
|