Full Text of HB3238 97th General Assembly
HB3238 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3238 Introduced 2/24/2011, by Rep. Lou Lang SYNOPSIS AS INTRODUCED: |
|
730 ILCS 5/5-4-3 | from Ch. 38, par. 1005-4-3 |
730 ILCS 150/8 | from Ch. 38, par. 228 |
|
Amends the Unified Code of Corrections and the Sex Offender Registration Act. Includes in the requirements to submit specimens of blood, saliva, or
tissue to the Illinois Department of State Police for inclusion in the DNA database: (1) a person required by an order of the court to submit a DNA specimen; (2) on or after the effective date of the amendatory Act, any person arrested for any of the following offenses, after a determination by a judge or a grand jury that probable cause exists for the arrest:
(A) first degree murder,
(B) home invasion,
(C) predatory criminal sexual assault
of a child, (D) aggravated criminal sexual assault,
(E) criminal sexual assault;
and (3) any person required to register as a sex offender under the Sex Offender Registration Act, regardless of the date of conviction.
Increases the DNA analysis fee from $200 to $250. Increases from a Class A misdemeanor to a Class 4 felony, the penalty for a person who is required to submit specimens of blood, saliva, or
tissue to the Illinois Department of State Police for inclusion in the DNA database and who impedes such submission. Provides that the detention, arrest, or conviction of a person based upon a database match or database information is not invalidated if it is determined that the specimen was obtained or placed in the database by mistake. Makes other changes. Contains a severability provision.
|
| |
| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | FISCAL NOTE ACT MAY APPLY |
| | A BILL FOR |
|
| | | HB3238 | | LRB097 08079 RLC 51373 b |
|
| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 5-4-3 as follows:
| 6 | | (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
| 7 | | Sec. 5-4-3. Specimens Persons convicted of, or found | 8 | | delinquent for, certain
offenses or institutionalized as | 9 | | sexually dangerous; specimens ;
genetic marker groups. | 10 | | (a) Any person convicted of, found guilty under the | 11 | | Juvenile Court Act of
1987 for, or who received a disposition | 12 | | of court supervision for, a qualifying
offense or attempt of a | 13 | | qualifying offense, convicted or found guilty of any
offense | 14 | | classified as a felony under Illinois law, convicted or found | 15 | | guilty of any offense requiring registration under the Sex | 16 | | Offender Registration Act, found guilty or given
supervision | 17 | | for any offense classified as a felony under the Juvenile Court | 18 | | Act
of 1987, convicted or found guilty of, under the Juvenile | 19 | | Court Act of 1987, any offense requiring registration under the | 20 | | Sex Offender Registration Act, or institutionalized as a | 21 | | sexually dangerous person under the Sexually
Dangerous Persons | 22 | | Act, or committed as a sexually violent person under the
| 23 | | Sexually Violent Persons Commitment Act shall, regardless of |
| | | HB3238 | - 2 - | LRB097 08079 RLC 51373 b |
|
| 1 | | the sentence or
disposition imposed, be required to submit | 2 | | specimens of blood, saliva, or
tissue to the Illinois | 3 | | Department of State Police in accordance with the
provisions of | 4 | | this Section, provided such person is:
| 5 | | (1) convicted of a qualifying offense or attempt of a | 6 | | qualifying offense
on or after July 1, 1990 and sentenced | 7 | | to a term of imprisonment, periodic imprisonment, fine,
| 8 | | probation, conditional discharge or any other form of | 9 | | sentence, or given a
disposition of court supervision for | 10 | | the offense;
| 11 | | (1.5) found guilty or given supervision under the | 12 | | Juvenile Court Act of
1987 for a qualifying offense or | 13 | | attempt of a qualifying offense on or after
January 1, | 14 | | 1997;
| 15 | | (2) ordered institutionalized as a sexually dangerous | 16 | | person on or after
July 1, 1990;
| 17 | | (3) convicted of a qualifying offense or attempt of a | 18 | | qualifying offense
before July 1, 1990
and is presently | 19 | | confined as a result of such conviction in any State
| 20 | | correctional facility or county jail or is presently | 21 | | serving a sentence of
probation, conditional discharge or | 22 | | periodic imprisonment as a result of such
conviction;
| 23 | | (3.5) convicted or found guilty of any offense | 24 | | classified as a felony
under Illinois law or found guilty | 25 | | or given supervision for such an offense
under the Juvenile | 26 | | Court Act of 1987 on or after August 22, 2002;
|
| | | HB3238 | - 3 - | LRB097 08079 RLC 51373 b |
|
| 1 | | (4) presently institutionalized as a sexually | 2 | | dangerous person or
presently institutionalized as a | 3 | | person found guilty but mentally ill of a
sexual offense or | 4 | | attempt to commit a sexual offense;
| 5 | | (4.5) ordered committed as a sexually violent person on | 6 | | or after the
effective date of the Sexually Violent Persons | 7 | | Commitment Act; or
| 8 | | (5) seeking transfer to or residency in Illinois under | 9 | | Sections 3-3-11.05
through 3-3-11.5 of the Unified Code of | 10 | | Corrections and the Interstate Compact
for Adult Offender | 11 | | Supervision or the Interstate Agreements on Sexually
| 12 | | Dangerous Persons Act ; .
| 13 | | (6) required by an order of the court to submit a DNA | 14 | | specimen; | 15 | | (7) on or after the effective date of this amendatory | 16 | | Act of the 97th General Assembly, arrested for any of the | 17 | | following offenses, after a determination by a judge or a | 18 | | grand jury that probable cause exists for the arrest: | 19 | | (A) first degree murder; | 20 | | (B) home invasion; | 21 | | (C) predatory criminal sexual assault
of a child; | 22 | | (D) aggravated criminal sexual assault; or | 23 | | (E) criminal sexual assault; or | 24 | | (8) required to register as a sex offender under the | 25 | | Sex Offender Registration Act, regardless of the date of | 26 | | conviction as set forth in subsection (c-5.2). |
| | | HB3238 | - 4 - | LRB097 08079 RLC 51373 b |
|
| 1 | | (a-1) Any Notwithstanding other provisions of this | 2 | | Section, any person incarcerated in
a facility of the Illinois | 3 | | Department of Corrections or the Illinois Department of | 4 | | Juvenile Justice on or after August 22,
2002, whether for a | 5 | | term of years, natural life, or a sentence of death, who has | 6 | | not yet submitted a specimen sample of blood, saliva, or tissue | 7 | | shall be required to submit a specimen of blood, saliva, or | 8 | | tissue
prior to his or her final discharge, or release on | 9 | | parole or mandatory
supervised release, as a
condition of his | 10 | | or her parole or mandatory supervised release, or within 6 | 11 | | months from August 13, 2009 (the effective date of Public Act | 12 | | 96-426), whichever is sooner. A person incarcerated on or after | 13 | | August 13, 2009 (the effective date of Public Act 96-426) shall | 14 | | be required to submit a specimen sample within 45 days of | 15 | | incarceration, or prior to his or her final discharge, or | 16 | | release on parole or mandatory supervised release, as a | 17 | | condition of his or her parole or mandatory supervised release, | 18 | | whichever is sooner. These specimens shall be placed into the | 19 | | State or national DNA database, to be used in accordance with | 20 | | other provisions of this Section, by the Illinois State Police.
| 21 | | (a-2) Any Notwithstanding other provisions of this | 22 | | Section, any person sentenced to life imprisonment in a | 23 | | facility of the Illinois Department of Corrections after the | 24 | | effective date of this amendatory Act of the 94th General | 25 | | Assembly or sentenced to death after the effective date of this | 26 | | amendatory Act of the 94th General Assembly shall be required |
| | | HB3238 | - 5 - | LRB097 08079 RLC 51373 b |
|
| 1 | | to provide a specimen of blood, saliva, or tissue within 45 | 2 | | days after sentencing or disposition at a collection site | 3 | | designated by the Illinois Department of State Police. Any | 4 | | person serving a sentence of life imprisonment in a facility of | 5 | | the Illinois Department of Corrections on the effective date of | 6 | | this amendatory Act of the 94th General Assembly or any person | 7 | | who is under a sentence of death on the effective date of this | 8 | | amendatory Act of the 94th General Assembly shall be required | 9 | | to provide a specimen of blood, saliva, or tissue upon request | 10 | | at a collection site designated by the Illinois Department of | 11 | | State Police.
| 12 | | (a-5) Any person who was otherwise convicted of or received | 13 | | a disposition
of court supervision for any other offense under | 14 | | the Criminal Code of 1961 or
who was found guilty or given | 15 | | supervision for such a violation under the
Juvenile Court Act | 16 | | of 1987, may, regardless of the sentence imposed, be
required | 17 | | by an order of the court to submit specimens of blood, saliva, | 18 | | or
tissue to the Illinois Department of State Police in | 19 | | accordance with the
provisions of this Section.
| 20 | | (b) Any person required by paragraphs (a)(1), (a)(1.5), | 21 | | (a)(2), (a)(3.5),
(a)(6), and (a-5) to provide specimens of | 22 | | blood, saliva, or tissue shall provide
specimens of blood, | 23 | | saliva, or tissue within 45 days after sentencing or
| 24 | | disposition at a collection site designated by the Illinois | 25 | | Department of
State Police.
| 26 | | (c) Any person required by paragraphs (a)(3), (a)(4), and |
| | | HB3238 | - 6 - | LRB097 08079 RLC 51373 b |
|
| 1 | | (a)(4.5) to
provide specimens of blood, saliva, or tissue shall | 2 | | be required to provide
such specimens samples prior to final | 3 | | discharge or within 6 months from August 13, 2009 (the | 4 | | effective date of Public Act 96-426), whichever is sooner. | 5 | | These specimens shall be placed into the State or national DNA | 6 | | database, to be used in accordance with other provisions of | 7 | | this Act, by the Illinois State Police.
| 8 | | (c-5) Any person required by paragraph (a)(5) to provide | 9 | | specimens of
blood, saliva, or tissue shall, where feasible, be | 10 | | required to provide the
specimens before being accepted for | 11 | | conditioned residency in Illinois under
the interstate compact | 12 | | or agreement, but no later than 45 days after arrival
in this | 13 | | State.
| 14 | | (c-5.1) Any person required by paragraph (7) of subsection | 15 | | (a) to provide specimens of blood, saliva, or tissue shall | 16 | | provide specimens of blood, saliva, or tissue within 14 after | 17 | | indictment or a judicial finding of probable cause at a | 18 | | collection site designated by the Illinois Department of State | 19 | | Police. | 20 | | (c-5.2) Unless it is determined that a registered sex | 21 | | offender has previously submitted a specimen of blood, saliva, | 22 | | or tissue that has been placed into the State DNA database, | 23 | | persons registering as sex offenders shall be required to | 24 | | submit a specimen at the time of their initial registration | 25 | | pursuant to the Sex Offender Registration Act or, for persons | 26 | | registered as sex offenders on or prior to the effective date |
| | | HB3238 | - 7 - | LRB097 08079 RLC 51373 b |
|
| 1 | | of this amendatory Act of the 97th General Assembly, within one | 2 | | year of the effective date of this amendatory Act or at the | 3 | | time of their next required registration. | 4 | | (c-6) The Illinois Department of State Police may determine | 5 | | which type of
specimen or specimens, blood, saliva, or tissue, | 6 | | is acceptable for submission
to the Division of Forensic | 7 | | Services for analysis. The Illinois Department of State Police | 8 | | may require the submission of fingerprints from anyone required | 9 | | to give a specimen under this Act.
| 10 | | (d) The Illinois Department of State Police shall provide | 11 | | all equipment
and instructions necessary for the collection of | 12 | | blood specimens samples .
The collection of specimens samples | 13 | | shall be performed in a medically approved
manner. Only a | 14 | | physician authorized to practice medicine, a registered
nurse | 15 | | or other qualified person trained in venipuncture may withdraw | 16 | | blood
for the purposes of this Act. The specimens samples
shall | 17 | | thereafter be forwarded to the Illinois Department of State | 18 | | Police,
Division of Forensic Services, for analysis and
| 19 | | categorizing into genetic marker groupings.
| 20 | | (d-1) The Illinois Department of State Police shall provide | 21 | | all equipment
and instructions necessary for the collection of | 22 | | saliva specimens samples . The
collection of saliva specimens | 23 | | samples shall be performed in a medically approved manner.
Only | 24 | | a person trained in the instructions promulgated by the | 25 | | Illinois State
Police on collecting saliva may collect saliva | 26 | | for the purposes of this
Section. The specimens samples shall |
| | | HB3238 | - 8 - | LRB097 08079 RLC 51373 b |
|
| 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 provide | 5 | | all equipment
and instructions necessary for the collection of | 6 | | tissue specimens samples . The
collection of tissue specimens | 7 | | samples shall be performed in a medically approved
manner. Only | 8 | | 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 specimens 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 Illinois | 15 | | Department of
State Police shall contract with qualified | 16 | | personnel and certified laboratories
for the collection, | 17 | | analysis, and categorization of known specimens samples , | 18 | | except as provided in subsection (n) of this Section.
| 19 | | (d-6) Agencies designated by the Illinois Department of | 20 | | State Police and
the Illinois Department of State Police may | 21 | | contract with third parties to
provide for the collection or | 22 | | analysis of DNA, or both, of an offender's blood,
saliva, and | 23 | | tissue specimens samples , except as provided in subsection (n) | 24 | | of this Section.
| 25 | | (e) The genetic marker groupings shall be maintained by the | 26 | | Illinois
Department of State Police, Division of Forensic |
| | | HB3238 | - 9 - | LRB097 08079 RLC 51373 b |
|
| 1 | | Services.
| 2 | | (f) The genetic marker grouping analysis information | 3 | | obtained pursuant
to this Act shall be confidential and shall | 4 | | be released only to peace
officers of the United States, of | 5 | | other states or territories, of the
insular possessions of the | 6 | | United States, of foreign countries duly
authorized to receive | 7 | | the same, to all peace officers of the State of
Illinois and to | 8 | | all prosecutorial agencies, and to defense counsel as
provided | 9 | | by Section 116-5 of the Code of Criminal Procedure of 1963.
The | 10 | | genetic marker grouping analysis information obtained pursuant | 11 | | to
this Act shall be used only for (i) valid law enforcement | 12 | | identification
purposes and as required by the Federal Bureau | 13 | | of Investigation for
participation in the National DNA | 14 | | database, (ii) technology
validation
purposes, (iii) a | 15 | | population statistics database, (iv) quality
assurance
| 16 | | purposes if personally identifying information is removed,
(v) | 17 | | assisting in the defense of the criminally accused pursuant
to
| 18 | | Section 116-5 of the Code of Criminal Procedure of 1963, or | 19 | | (vi) identifying and assisting in the prosecution of a person | 20 | | who is suspected of committing a sexual assault as defined in | 21 | | Section 1a of the Sexual Assault Survivors Emergency Treatment | 22 | | Act. Notwithstanding
any other statutory provision to the | 23 | | contrary,
all information obtained under this Section shall be | 24 | | maintained in a single
State data base, which may be uploaded | 25 | | into a national database, and which
information may be subject | 26 | | to expungement only as set forth in subsection
(f-1).
|
| | | HB3238 | - 10 - | LRB097 08079 RLC 51373 b |
|
| 1 | | (f-1) Upon receipt of notification of a reversal of a | 2 | | conviction based on
actual innocence, or of the granting of a | 3 | | pardon pursuant to Section 12 of
Article V of the Illinois | 4 | | Constitution, if that pardon document specifically
states that | 5 | | the reason for the pardon is the actual innocence of an | 6 | | individual
whose DNA record has been stored in the State or | 7 | | national DNA identification
index in accordance with this | 8 | | Section by the Illinois Department of State
Police, the DNA | 9 | | record shall be expunged from the DNA identification index, and
| 10 | | the Department shall by rule prescribe procedures to ensure | 11 | | that the record and
any specimens samples , analyses, or other | 12 | | documents relating to such record, whether in
the possession of | 13 | | the Department or any law enforcement or police agency, or
any | 14 | | forensic DNA laboratory, including any duplicates or copies | 15 | | thereof, are
destroyed and a letter is sent to the court | 16 | | verifying the expungement is
completed. For specimens required | 17 | | to be collected prior to conviction, unless the individual has | 18 | | other charges or convictions that require submission of a | 19 | | specimen, the DNA record for an individual shall be expunged | 20 | | from the DNA identification databases and the specimen | 21 | | destroyed upon receipt of a certified copy of a final court | 22 | | order for each charge against an individual in which the charge | 23 | | has been dismissed, resulted in acquittal, or that the charge | 24 | | was not filed within the applicable time period. The Department | 25 | | shall by rule prescribe procedures to ensure that the record | 26 | | and any specimens in the possession or control of the |
| | | HB3238 | - 11 - | LRB097 08079 RLC 51373 b |
|
| 1 | | Department are destroyed and a letter is sent to the court | 2 | | verifying the expungement is completed.
| 3 | | (f-5) Any person who intentionally uses genetic marker | 4 | | grouping analysis
information, or any other information | 5 | | derived from a DNA specimen sample , beyond the
authorized uses | 6 | | as provided under this Section, or any other Illinois law, is
| 7 | | guilty of a Class 4 felony, and shall be subject to a fine of | 8 | | not less than
$5,000.
| 9 | | (f-6) The Illinois Department of State Police may contract | 10 | | with third
parties for the purposes of implementing this | 11 | | amendatory Act of the 93rd
General Assembly, except as provided | 12 | | in subsection (n) of this Section. Any other party contracting | 13 | | to carry out the functions of
this Section shall be subject to | 14 | | the same restrictions and requirements of this
Section insofar | 15 | | as applicable, as the Illinois Department of State Police, and
| 16 | | to any additional restrictions imposed by the Illinois | 17 | | Department of State
Police.
| 18 | | (g) For the purposes of this Section, "qualifying offense" | 19 | | means any of
the following:
| 20 | | (1) any violation or inchoate violation of Section | 21 | | 11-6, 11-9.1, 11-11,
11-18.1, 12-15, or 12-16 of the | 22 | | Criminal Code of 1961;
| 23 | | (1.1) any violation or inchoate violation of Section | 24 | | 9-1, 9-2, 10-1,
10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, | 25 | | 18-4, 19-1, or 19-2 of the Criminal
Code of 1961 for which | 26 | | persons are convicted on or after July 1, 2001;
|
| | | HB3238 | - 12 - | LRB097 08079 RLC 51373 b |
|
| 1 | | (2) any former statute of this State which defined a | 2 | | felony sexual
offense;
| 3 | | (3) (blank);
| 4 | | (4) any inchoate violation of Section 9-3.1, 11-9.3, | 5 | | 12-7.3, or 12-7.4 of
the Criminal Code of 1961; or
| 6 | | (5) any violation or inchoate violation of Article 29D | 7 | | of the Criminal
Code of 1961.
| 8 | | (g-5) (Blank).
| 9 | | (h) The Illinois Department of State Police shall be the | 10 | | State central
repository for all genetic marker grouping | 11 | | analysis information obtained
pursuant to this Act. The | 12 | | Illinois Department of State Police may
promulgate rules for | 13 | | the form and manner of the collection of blood, saliva,
or | 14 | | tissue specimens samples and other procedures for the operation | 15 | | of this Act. The
provisions of the Administrative Review Law | 16 | | shall apply to all actions taken
under the rules so | 17 | | promulgated.
| 18 | | (i) (1) A person required to provide a blood, saliva, or | 19 | | tissue specimen
shall
cooperate with the collection of the | 20 | | specimen and any deliberate act by
that person intended to | 21 | | impede, delay or stop the collection of the blood,
saliva, | 22 | | or tissue specimen is a Class 4 felony A misdemeanor .
| 23 | | (2) In the event that a person's DNA specimen sample is | 24 | | not adequate for any
reason, the person shall provide | 25 | | another DNA specimen sample for analysis. Duly
authorized | 26 | | law
enforcement and corrections personnel may employ |
| | | HB3238 | - 13 - | LRB097 08079 RLC 51373 b |
|
| 1 | | reasonable force in cases in
which an individual refuses to | 2 | | provide a DNA specimen 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 $250 | 8 | | $200 . If the analysis fee is not
paid at the time of | 9 | | sentencing, the court shall establish a fee schedule by
which | 10 | | the entire amount of the analysis fee shall be paid in full, | 11 | | such
schedule not to exceed 24 months from the time of | 12 | | conviction. The inability to
pay this analysis fee shall not be | 13 | | the sole ground to 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 |
| | | HB3238 | - 14 - | LRB097 08079 RLC 51373 b |
|
| 1 | | Police crime laboratories as designated by the
Director of | 2 | | State Police. These funds shall be in addition to any | 3 | | allocations
made pursuant to existing laws and shall be | 4 | | designated for the exclusive use of
State crime | 5 | | laboratories. These uses may include, but are not limited | 6 | | to, the
following:
| 7 | | (A) Costs incurred in providing analysis and | 8 | | genetic marker
categorization as required by | 9 | | subsection (d).
| 10 | | (B) Costs incurred in maintaining genetic marker | 11 | | groupings as required
by subsection (e).
| 12 | | (C) Costs incurred in the purchase and maintenance | 13 | | of equipment for use
in performing analyses.
| 14 | | (D) Costs incurred in continuing research and | 15 | | development of new
techniques for analysis and genetic | 16 | | marker categorization.
| 17 | | (E) Costs incurred in continuing education, | 18 | | training, and professional
development of forensic | 19 | | scientists regularly employed by these laboratories.
| 20 | | (l) The failure of a person to provide a specimen, or of | 21 | | any person or
agency to collect a specimen, within the 45 day | 22 | | period shall in no way alter
the obligation of the person to | 23 | | submit such specimen, or the authority of the
Illinois | 24 | | Department of State Police or persons designated by the | 25 | | Department to
collect the specimen, or the authority of the | 26 | | Illinois Department of State
Police to accept, analyze and |
| | | HB3238 | - 15 - | LRB097 08079 RLC 51373 b |
|
| 1 | | maintain the specimen or to maintain or upload
results of | 2 | | genetic marker grouping analysis information into a State or
| 3 | | national database.
| 4 | | (m) If any provision of this amendatory Act of the 93rd | 5 | | General Assembly
is
held unconstitutional or otherwise | 6 | | invalid, the remainder of this amendatory
Act
of the 93rd | 7 | | General Assembly is not affected.
| 8 | | (n) Neither the Department of State Police, the Division of | 9 | | Forensic Services, nor any laboratory of the Division of | 10 | | Forensic Services may contract out forensic testing for the | 11 | | purpose of an active investigation or a matter pending before a | 12 | | court of competent jurisdiction without the written consent of | 13 | | the prosecuting agency. For the purposes of this subsection | 14 | | (n), "forensic testing" includes the analysis of physical | 15 | | evidence in an investigation or other proceeding for the | 16 | | prosecution of a violation of the Criminal Code of 1961 or for | 17 | | matters adjudicated under the Juvenile Court Act of 1987, and | 18 | | includes the use of forensic databases and databanks, including | 19 | | DNA, firearm, and fingerprint databases, and expert testimony. | 20 | | (o) Mistake does not invalidate a database match. The | 21 | | detention, arrest, or conviction of a person based upon a | 22 | | database match or database information is not invalidated if it | 23 | | is determined that the specimen was obtained or placed in the | 24 | | database by mistake. | 25 | | (p) This Section may be referred to as the Illinois DNA | 26 | | Database Law of 2011. |
| | | HB3238 | - 16 - | LRB097 08079 RLC 51373 b |
|
| 1 | | (Source: P.A. 96-426, eff. 8-13-09; 96-642, eff. 8-24-09; | 2 | | 96-1000, eff. 7-2-10.)
| 3 | | Section 10. The Sex Offender Registration Act is amended by | 4 | | changing Section 8 as follows:
| 5 | | (730 ILCS 150/8) (from Ch. 38, par. 228)
| 6 | | Sec. 8. Registration and DNA submission requirements | 7 | | Requirements . | 8 | | (a) Registration. Registration as required by this
Article | 9 | | shall consist of a statement in writing signed by the person | 10 | | giving the
information that is required by the Department of | 11 | | State Police, which may
include the fingerprints and must | 12 | | include a current photograph of the person, to be updated | 13 | | annually. If the sex offender is a child sex offender as | 14 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 15 | | 1961, he or she shall sign a statement that he or she | 16 | | understands that according to Illinois law as a child sex | 17 | | offender he or she may not reside within 500 feet of a school, | 18 | | park, or playground. The offender may also not reside within | 19 | | 500 feet of a facility providing services directed exclusively | 20 | | toward persons under 18 years of age unless the sex offender | 21 | | meets specified exemptions. The
registration
information must | 22 | | include whether the person is a sex offender as
defined
in the | 23 | | Sex Offender Community Notification
Law. Within 3
days, the
| 24 | | registering law enforcement agency shall forward any
required |
| | | HB3238 | - 17 - | LRB097 08079 RLC 51373 b |
|
| 1 | | information to the Department of State Police. The registering
| 2 | | law enforcement agency shall
enter the information into the Law | 3 | | Enforcement Agencies Data System (LEADS) as
provided in | 4 | | Sections 6 and 7 of the Intergovernmental Missing Child | 5 | | Recovery
Act of 1984.
| 6 | | (b) DNA submission. Every person registering as a sex | 7 | | offender _pursuant to this Act, regardless of the date of | 8 | | conviction or the date of initial registration shall submit a | 9 | | DNA specimen as required by Section 5-4-3 of the Unified Code | 10 | | of Corrections. Registered sex offenders who have previously | 11 | | submitted a DNA specimen which has been uploaded to the | 12 | | Illinois DNA database shall not be required to submit an | 13 | | additional specimen pursuant to this Section. | 14 | | (Source: P.A. 93-979, eff. 8-20-04; 94-166, eff. 1-1-06; | 15 | | 94-945, eff. 6-27-06.)
| 16 | | Section 97. Severability. The provisions of this Act are | 17 | | severable under Section 1.31 of the Statute on Statutes.
|
|