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| [ House Amendment 002 ] |
90_HB0232ham001
LRB9001532RCksam
1 AMENDMENT TO HOUSE BILL 232
2 AMENDMENT NO. . Amend House Bill 232 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Unified Code of Corrections is amended
5 by 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. Persons convicted of, or found delinquent
8 for, sexual offenses or found sexually dangerous; blood tests
9 required.
10 (a) Any person convicted of, found delinquent for, or
11 who received a disposition of court supervision for, a sexual
12 offense or attempt of a sexual offense or institutionalized
13 as a sexually dangerous person under the Sexually Dangerous
14 Persons Act shall, regardless of the sentence or disposition
15 imposed, be required to submit specimens of blood to the
16 Illinois Department of State Police in accordance with the
17 provisions of this Section, provided such person is:
18 (1) convicted of a sexual offense or attempt of a
19 sexual offense on or after the effective date of this
20 amendatory Act of 1989, and sentenced to a term of
21 imprisonment, periodic imprisonment, fine, probation,
22 conditional discharge or any other form of sentence, or
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1 given a disposition of court supervision for the offense,
2 or
3 (1.5) found delinquent under the Juvenile Court Act
4 of 1987 for a sexual offense or attempt of a sexual
5 offense on or after the effective date of this amendatory
6 Act of 1996, or
7 (2) ordered institutionalized as a sexually
8 dangerous person on or after the effective date of this
9 amendatory Act of 1989, or
10 (3) convicted of a sexual offense or attempt of a
11 sexual offense before the effective date of this
12 amendatory Act of 1989 and is presently confined as a
13 result of such conviction in any State correctional
14 facility or county jail or is presently serving a
15 sentence of probation, conditional discharge or periodic
16 imprisonment as a result of such conviction, or
17 (4) presently institutionalized as a sexually
18 dangerous person or presently institutionalized as a
19 person found guilty but mentally ill of a sexual offense
20 or attempt to commit a sexual offense; or
21 (5) seeking transfer to or residency in Illinois
22 under Sections 3-3-11 through 3-3-11.5 of the Unified
23 Code of Corrections (Interstate Compact for the
24 Supervision of Parolees and Probationers) or the
25 Interstate Agreements on Sexually Dangerous Persons Act.
26 (b) Any person required by paragraphs (a)(1), (a)(1.5),
27 and (a)(2) to provide specimens of blood shall be ordered by
28 the court to have specimens of blood collected within 45 days
29 after sentencing or disposition at a collection site
30 designated by the Illinois Department of State Police.
31 (c) Any person required by paragraphs (a)(3) and (a)(4)
32 to provide specimens of blood shall be required to provide
33 such samples prior to final discharge, parole, or release at
34 a collection site designated by the Illinois Department of
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1 State Police.
2 (c-5) Any person required by paragraph (a)(5) to provide
3 specimens of blood shall, where feasible, be required to
4 provide the specimens before being accepted for conditioned
5 residency in Illinois under the interstate compact or
6 agreement, but no later than 45 days after arrival in this
7 State.
8 (d) The Illinois Department of State Police shall
9 provide all equipment and instructions necessary for the
10 collection of blood samples. The collection of samples shall
11 be performed in a medically approved manner. Only a
12 physician authorized to practice medicine, a registered nurse
13 or other qualified person approved by the Illinois Department
14 of Public Health may withdraw blood for the purposes of this
15 Act. The samples shall thereafter be forwarded to the
16 Illinois Department of State Police, Division of Forensic
17 Services and Identification, for analysis and categorizing
18 into genetic marker groupings.
19 (e) The genetic marker groupings shall be maintained by
20 the Illinois Department of State Police, Division of Forensic
21 Services and Identification.
22 (f) The genetic marker grouping analysis information
23 obtained pursuant to this Act shall be confidential and shall
24 be released only to peace officers of the United States, of
25 other states or territories, of the insular possessions of
26 the United States, of foreign countries duly authorized to
27 receive the same, to all peace officers of the State of
28 Illinois and to all prosecutorial agencies. Notwithstanding
29 any other statutory provision to the contrary, all
30 information obtained under this Section shall be maintained
31 in a single data base and may not be subject to expungement.
32 (g) For the purposes of this Section, "sexual offense"
33 means any violation of paragraph (10) of subsection (b) of
34 Section 10-5 or Sections 11-6, 11-9.1, 11-11, 11-15.1,
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1 11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1, 12-13, 12-14,
2 12-14.1, 12-15, or 12-16, or 12-33 of the Criminal Code of
3 1961, or any former statute of this State which defined a
4 felony sexual offense.
5 (h) The Illinois Department of State Police shall be the
6 State central repository for all genetic marker grouping
7 analysis information obtained pursuant to this Act. The
8 Illinois Department of State Police may promulgate rules for
9 the form and manner of the collection of blood samples and
10 other procedures for the operation of this Act. The
11 provisions of the Administrative Review Law shall apply to
12 all actions taken under the rules so promulgated.
13 (i) A person ordered by the court to provide a blood
14 specimen shall cooperate with the collection of the specimen
15 and any deliberate act by that person intended to impede,
16 delay or stop the collection of the blood specimen shall be
17 punishable as contempt of court.
18 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 12-13-95;
19 89-462, eff. 5-29-96; 89-550, eff. 1-1-97.)".