Public Act 097-0383
 
HB3238 EnrolledLRB097 08079 RLC 51373 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Unified Code of Corrections is amended by
changing Section 5-4-3 as follows:
 
    (730 ILCS 5/5-4-3)  (from Ch. 38, par. 1005-4-3)
    Sec. 5-4-3. Specimens Persons convicted of, or found
delinquent for, certain offenses or institutionalized as
sexually dangerous; specimens; genetic marker groups.
    (a) Any person convicted of, found guilty under the
Juvenile Court Act of 1987 for, or who received a disposition
of court supervision for, a qualifying offense or attempt of a
qualifying offense, convicted or found guilty of any offense
classified as a felony under Illinois law, convicted or found
guilty of any offense requiring registration under the Sex
Offender Registration Act, found guilty or given supervision
for any offense classified as a felony under the Juvenile Court
Act of 1987, convicted or found guilty of, under the Juvenile
Court Act of 1987, any offense requiring registration under the
Sex Offender Registration Act, or institutionalized as a
sexually dangerous person under the Sexually Dangerous Persons
Act, or committed as a sexually violent person under the
Sexually Violent Persons Commitment Act shall, regardless of
the sentence or disposition imposed, be required to submit
specimens of blood, saliva, or tissue to the Illinois
Department of State Police in accordance with the provisions of
this Section, provided such person is:
        (1) convicted of a qualifying offense or attempt of a
    qualifying offense on or after July 1, 1990 and sentenced
    to a term of imprisonment, periodic imprisonment, fine,
    probation, conditional discharge or any other form of
    sentence, or given a disposition of court supervision for
    the offense;
        (1.5) found guilty or given supervision under the
    Juvenile Court Act of 1987 for a qualifying offense or
    attempt of a qualifying offense on or after January 1,
    1997;
        (2) ordered institutionalized as a sexually dangerous
    person on or after July 1, 1990;
        (3) convicted of a qualifying offense or attempt of a
    qualifying offense before July 1, 1990 and is presently
    confined as a result of such conviction in any State
    correctional facility or county jail or is presently
    serving a sentence of probation, conditional discharge or
    periodic imprisonment as a result of such conviction;
        (3.5) convicted or found guilty of any offense
    classified as a felony under Illinois law or found guilty
    or given supervision for such an offense under the Juvenile
    Court Act of 1987 on or after August 22, 2002;
        (4) presently institutionalized as a sexually
    dangerous person or presently institutionalized as a
    person found guilty but mentally ill of a sexual offense or
    attempt to commit a sexual offense; or
        (4.5) ordered committed as a sexually violent person on
    or after the effective date of the Sexually Violent Persons
    Commitment Act. ; or
        (5) seeking transfer to or residency in Illinois under
    Sections 3-3-11.05 through 3-3-11.5 of the Unified Code of
    Corrections and the Interstate Compact for Adult Offender
    Supervision or the Interstate Agreements on Sexually
    Dangerous Persons Act.
    (a-1) Any Notwithstanding other provisions of this
Section, any person incarcerated in a facility of the Illinois
Department of Corrections or the Illinois Department of
Juvenile Justice on or after August 22, 2002, whether for a
term of years, natural life, or a sentence of death, who has
not yet submitted a specimen sample of blood, saliva, or tissue
shall be required to submit a specimen of blood, saliva, or
tissue prior to his or her final discharge, or release on
parole or mandatory supervised release, as a condition of his
or her parole or mandatory supervised release, or within 6
months from August 13, 2009 (the effective date of Public Act
96-426), whichever is sooner. A person incarcerated on or after
August 13, 2009 (the effective date of Public Act 96-426) shall
be required to submit a specimen sample within 45 days of
incarceration, or prior to his or her final discharge, or
release on parole or mandatory supervised release, as a
condition of his or her parole or mandatory supervised release,
whichever is sooner. These specimens shall be placed into the
State or national DNA database, to be used in accordance with
other provisions of this Section, by the Illinois State Police.
    (a-2) Any Notwithstanding other provisions of this
Section, any person sentenced to life imprisonment in a
facility of the Illinois Department of Corrections after the
effective date of this amendatory Act of the 94th General
Assembly or sentenced to death after the effective date of this
amendatory Act of the 94th General Assembly shall be required
to provide a specimen of blood, saliva, or tissue within 45
days after sentencing or disposition at a collection site
designated by the Illinois Department of State Police. Any
person serving a sentence of life imprisonment in a facility of
the Illinois Department of Corrections on the effective date of
this amendatory Act of the 94th General Assembly or any person
who is under a sentence of death on the effective date of this
amendatory Act of the 94th General Assembly shall be required
to provide a specimen of blood, saliva, or tissue upon request
at a collection site designated by the Illinois Department of
State Police.
    (a-3) Any person seeking transfer to or residency in
Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
Code, the Interstate Compact for Adult Offender Supervision, or
the Interstate Agreements on Sexually Dangerous Persons Act
shall be required to provide a specimen of blood, saliva, or
tissue within 45 days after transfer to or residency in
Illinois at a collection site designated by the Illinois
Department of State Police.
    (a-3.1) Any person required by an order of the court to
submit a DNA specimen shall be required to provide a specimen
of blood, saliva, or tissue within 45 days after the court
order at a collection site designated by the Illinois
Department of State Police.
    (a-3.2) On or after the effective date of this amendatory
Act of the 97th General Assembly, any person arrested for any
of the following offenses, after an indictment has been
returned by a grand jury, or following a hearing pursuant to
Section 109-3 of the Code of Criminal Procedure of 1963 and a
judge finds there is probable cause to believe the arrestee has
committed one of the designated offenses, or an arrestee has
waived a preliminary hearing shall be required to provide a
specimen of blood, saliva, or tissue within 14 days after such
indictment or hearing at a collection site designated by the
Illinois Department of State Police:
        (A) first degree murder;
        (B) home invasion;
        (C) predatory criminal sexual assault of a child;
        (D) aggravated criminal sexual assault; or
        (E) criminal sexual assault.
    (a-3.3) Any person required to register as a sex offender
under the Sex Offender Registration Act, regardless of the date
of conviction as set forth in subsection (c-5.2) shall be
required to provide a specimen of blood, saliva, or tissue
within the time period prescribed in subsection (c-5.2) at a
collection site designated by the Illinois Department of State
Police.
    (a-5) Any person who was otherwise convicted of or received
a disposition of court supervision for any other offense under
the Criminal Code of 1961 or who was found guilty or given
supervision for such a violation under the Juvenile Court Act
of 1987, may, regardless of the sentence imposed, be required
by an order of the court to submit specimens of blood, saliva,
or tissue to the Illinois Department of State Police in
accordance with the provisions of this Section.
    (b) Any person required by paragraphs (a)(1), (a)(1.5),
(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
saliva, or tissue shall provide specimens of blood, saliva, or
tissue within 45 days after sentencing or disposition at a
collection site designated by the Illinois Department of State
Police.
    (c) Any person required by paragraphs (a)(3), (a)(4), and
(a)(4.5) to provide specimens of blood, saliva, or tissue shall
be required to provide such specimens samples prior to final
discharge or within 6 months from August 13, 2009 (the
effective date of Public Act 96-426), whichever is sooner.
These specimens shall be placed into the State or national DNA
database, to be used in accordance with other provisions of
this Act, by the Illinois State Police.
    (c-5) Any person required by paragraph (a-3) (a)(5) to
provide specimens of blood, saliva, or tissue shall, where
feasible, be required to provide the specimens before being
accepted for conditioned residency in Illinois under the
interstate compact or agreement, but no later than 45 days
after arrival in this State.
    (c-5.2) Unless it is determined that a registered sex
offender has previously submitted a specimen of blood, saliva,
or tissue that has been placed into the State DNA database, a
person registering as a sex offender shall be required to
submit a specimen at the time of his or her initial
registration pursuant to the Sex Offender Registration Act or,
for a person registered as a sex offender on or prior to the
effective date of this amendatory Act of the 97th General
Assembly, within one year of the effective date of this
amendatory Act or at the time of his or her next required
registration.
    (c-6) The Illinois Department of State Police may determine
which type of specimen or specimens, blood, saliva, or tissue,
is acceptable for submission to the Division of Forensic
Services for analysis. The Illinois Department of State Police
may require the submission of fingerprints from anyone required
to give a specimen under this Act.
    (d) The Illinois Department of State Police shall provide
all equipment and instructions necessary for the collection of
blood specimens samples. The collection of specimens samples
shall be performed in a medically approved manner. Only a
physician authorized to practice medicine, a registered nurse
or other qualified person trained in venipuncture may withdraw
blood for the purposes of this Act. The specimens samples shall
thereafter be forwarded to the Illinois Department of State
Police, Division of Forensic Services, for analysis and
categorizing into genetic marker groupings.
    (d-1) The Illinois Department of State Police shall provide
all equipment and instructions necessary for the collection of
saliva specimens samples. The collection of saliva specimens
samples shall be performed in a medically approved manner. Only
a person trained in the instructions promulgated by the
Illinois State Police on collecting saliva may collect saliva
for the purposes of this Section. The specimens samples shall
thereafter be forwarded to the Illinois Department of State
Police, Division of Forensic Services, for analysis and
categorizing into genetic marker groupings.
    (d-2) The Illinois Department of State Police shall provide
all equipment and instructions necessary for the collection of
tissue specimens samples. The collection of tissue specimens
samples shall be performed in a medically approved manner. Only
a person trained in the instructions promulgated by the
Illinois State Police on collecting tissue may collect tissue
for the purposes of this Section. The specimens samples shall
thereafter be forwarded to the Illinois Department of State
Police, Division of Forensic Services, for analysis and
categorizing into genetic marker groupings.
    (d-5) To the extent that funds are available, the Illinois
Department of State Police shall contract with qualified
personnel and certified laboratories for the collection,
analysis, and categorization of known specimens samples,
except as provided in subsection (n) of this Section.
    (d-6) Agencies designated by the Illinois Department of
State Police and the Illinois Department of State Police may
contract with third parties to provide for the collection or
analysis of DNA, or both, of an offender's blood, saliva, and
tissue specimens samples, except as provided in subsection (n)
of this Section.
    (e) The genetic marker groupings shall be maintained by the
Illinois Department of State Police, Division of Forensic
Services.
    (f) The genetic marker grouping analysis information
obtained pursuant to this Act shall be confidential and shall
be released only to peace officers of the United States, of
other states or territories, of the insular possessions of the
United States, of foreign countries duly authorized to receive
the same, to all peace officers of the State of Illinois and to
all prosecutorial agencies, and to defense counsel as provided
by Section 116-5 of the Code of Criminal Procedure of 1963. The
genetic marker grouping analysis information obtained pursuant
to this Act shall be used only for (i) valid law enforcement
identification purposes and as required by the Federal Bureau
of Investigation for participation in the National DNA
database, (ii) technology validation purposes, (iii) a
population statistics database, (iv) quality assurance
purposes if personally identifying information is removed, (v)
assisting in the defense of the criminally accused pursuant to
Section 116-5 of the Code of Criminal Procedure of 1963, or
(vi) identifying and assisting in the prosecution of a person
who is suspected of committing a sexual assault as defined in
Section 1a of the Sexual Assault Survivors Emergency Treatment
Act. Notwithstanding any other statutory provision to the
contrary, all information obtained under this Section shall be
maintained in a single State data base, which may be uploaded
into a national database, and which information may be subject
to expungement only as set forth in subsection (f-1).
    (f-1) Upon receipt of notification of a reversal of a
conviction based on actual innocence, or of the granting of a
pardon pursuant to Section 12 of Article V of the Illinois
Constitution, if that pardon document specifically states that
the reason for the pardon is the actual innocence of an
individual whose DNA record has been stored in the State or
national DNA identification index in accordance with this
Section by the Illinois Department of State Police, the DNA
record shall be expunged from the DNA identification index, and
the Department shall by rule prescribe procedures to ensure
that the record and any specimens samples, analyses, or other
documents relating to such record, whether in the possession of
the Department or any law enforcement or police agency, or any
forensic DNA laboratory, including any duplicates or copies
thereof, are destroyed and a letter is sent to the court
verifying the expungement is completed. For specimens required
to be collected prior to conviction, unless the individual has
other charges or convictions that require submission of a
specimen, the DNA record for an individual shall be expunged
from the DNA identification databases and the specimen
destroyed upon receipt of a certified copy of a final court
order for each charge against an individual in which the charge
has been dismissed, resulted in acquittal, or that the charge
was not filed within the applicable time period. The Department
shall by rule prescribe procedures to ensure that the record
and any specimens in the possession or control of the
Department are destroyed and a letter is sent to the court
verifying the expungement is completed.
    (f-5) Any person who intentionally uses genetic marker
grouping analysis information, or any other information
derived from a DNA specimen sample, beyond the authorized uses
as provided under this Section, or any other Illinois law, is
guilty of a Class 4 felony, and shall be subject to a fine of
not less than $5,000.
    (f-6) The Illinois Department of State Police may contract
with third parties for the purposes of implementing this
amendatory Act of the 93rd General Assembly, except as provided
in subsection (n) of this Section. Any other party contracting
to carry out the functions of this Section shall be subject to
the same restrictions and requirements of this Section insofar
as applicable, as the Illinois Department of State Police, and
to any additional restrictions imposed by the Illinois
Department of State Police.
    (g) For the purposes of this Section, "qualifying offense"
means any of the following:
        (1) any violation or inchoate violation of Section
    11-6, 11-9.1, 11-11, 11-18.1, 12-15, or 12-16 of the
    Criminal Code of 1961;
        (1.1) any violation or inchoate violation of Section
    9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
    18-4, 19-1, or 19-2 of the Criminal Code of 1961 for which
    persons are convicted on or after July 1, 2001;
        (2) any former statute of this State which defined a
    felony sexual offense;
        (3) (blank);
        (4) any inchoate violation of Section 9-3.1, 11-9.3,
    12-7.3, or 12-7.4 of the Criminal Code of 1961; or
        (5) any violation or inchoate violation of Article 29D
    of the Criminal Code of 1961.
    (g-5) (Blank).
    (h) The Illinois Department of State Police shall be the
State central repository for all genetic marker grouping
analysis information obtained pursuant to this Act. The
Illinois Department of State Police may promulgate rules for
the form and manner of the collection of blood, saliva, or
tissue specimens samples and other procedures for the operation
of this Act. The provisions of the Administrative Review Law
shall apply to all actions taken under the rules so
promulgated.
    (i) (1) A person required to provide a blood, saliva, or
    tissue specimen shall cooperate with the collection of the
    specimen and any deliberate act by that person intended to
    impede, delay or stop the collection of the blood, saliva,
    or tissue specimen is a Class 4 felony A misdemeanor.
        (2) In the event that a person's DNA specimen sample is
    not adequate for any reason, the person shall provide
    another DNA specimen sample for analysis. Duly authorized
    law enforcement and corrections personnel may employ
    reasonable force in cases in which an individual refuses to
    provide a DNA specimen sample required under this Act.
    (j) Any person required by subsection (a), or any person
who was previously required by subsection (a-3.2), to submit
specimens of blood, saliva, or tissue to the Illinois
Department of State Police for analysis and categorization into
genetic marker grouping, in addition to any other disposition,
penalty, or fine imposed, shall pay an analysis fee of $250
$200. If the analysis fee is not paid at the time of
sentencing, the court shall establish a fee schedule by which
the entire amount of the analysis fee shall be paid in full,
such schedule not to exceed 24 months from the time of
conviction. The inability to pay this analysis fee shall not be
the sole ground to incarcerate the person.
    (k) All analysis and categorization fees provided for by
subsection (j) shall be regulated as follows:
        (1) The State Offender DNA Identification System Fund
    is hereby created as a special fund in the State Treasury.
        (2) All fees shall be collected by the clerk of the
    court and forwarded to the State Offender DNA
    Identification System Fund for deposit. The clerk of the
    circuit court may retain the amount of $10 from each
    collected analysis fee to offset administrative costs
    incurred in carrying out the clerk's responsibilities
    under this Section.
        (3) Fees deposited into the State Offender DNA
    Identification System Fund shall be used by Illinois State
    Police crime laboratories as designated by the Director of
    State Police. These funds shall be in addition to any
    allocations made pursuant to existing laws and shall be
    designated for the exclusive use of State crime
    laboratories. These uses may include, but are not limited
    to, the following:
            (A) Costs incurred in providing analysis and
        genetic marker categorization as required by
        subsection (d).
            (B) Costs incurred in maintaining genetic marker
        groupings as required by subsection (e).
            (C) Costs incurred in the purchase and maintenance
        of equipment for use in performing analyses.
            (D) Costs incurred in continuing research and
        development of new techniques for analysis and genetic
        marker categorization.
            (E) Costs incurred in continuing education,
        training, and professional development of forensic
        scientists regularly employed by these laboratories.
    (l) The failure of a person to provide a specimen, or of
any person or agency to collect a specimen, within the 45 day
period shall in no way alter the obligation of the person to
submit such specimen, or the authority of the Illinois
Department of State Police or persons designated by the
Department to collect the specimen, or the authority of the
Illinois Department of State Police to accept, analyze and
maintain the specimen or to maintain or upload results of
genetic marker grouping analysis information into a State or
national database.
    (m) If any provision of this amendatory Act of the 93rd
General Assembly is held unconstitutional or otherwise
invalid, the remainder of this amendatory Act of the 93rd
General Assembly is not affected.
    (n) Neither the Department of State Police, the Division of
Forensic Services, nor any laboratory of the Division of
Forensic Services may contract out forensic testing for the
purpose of an active investigation or a matter pending before a
court of competent jurisdiction without the written consent of
the prosecuting agency. For the purposes of this subsection
(n), "forensic testing" includes the analysis of physical
evidence in an investigation or other proceeding for the
prosecution of a violation of the Criminal Code of 1961 or for
matters adjudicated under the Juvenile Court Act of 1987, and
includes the use of forensic databases and databanks, including
DNA, firearm, and fingerprint databases, and expert testimony.
    (o) Mistake does not invalidate a database match. 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.
    (p) This Section may be referred to as the Illinois DNA
Database Law of 2011.
(Source: P.A. 96-426, eff. 8-13-09; 96-642, eff. 8-24-09;
96-1000, eff. 7-2-10.)
 
    Section 10. The Sex Offender Registration Act is amended by
changing Section 8 as follows:
 
    (730 ILCS 150/8)  (from Ch. 38, par. 228)
    Sec. 8. Registration and DNA submission requirements
Requirements.
    (a) Registration. Registration as required by this Article
shall consist of a statement in writing signed by the person
giving the information that is required by the Department of
State Police, which may include the fingerprints and must
include a current photograph of the person, to be updated
annually. If the sex offender is a child sex offender as
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
1961, he or she shall sign a statement that he or she
understands that according to Illinois law as a child sex
offender he or she may not reside within 500 feet of a school,
park, or playground. The offender may also not reside within
500 feet of a facility providing services directed exclusively
toward persons under 18 years of age unless the sex offender
meets specified exemptions. The registration information must
include whether the person is a sex offender as defined in the
Sex Offender Community Notification Law. Within 3 days, the
registering law enforcement agency shall forward any required
information to the Department of State Police. The registering
law enforcement agency shall enter the information into the Law
Enforcement Agencies Data System (LEADS) as provided in
Sections 6 and 7 of the Intergovernmental Missing Child
Recovery Act of 1984.
    (b) DNA submission. Every person registering as a sex
offender _pursuant to this Act, regardless of the date of
conviction or the date of initial registration who is required
to submit specimens of blood, saliva, or tissue for DNA
analysis as required by subsection (a) of Section 5-4-3 of the
Unified Code of Corrections shall submit the specimens as
required by that Section. Registered sex offenders who have
previously submitted a DNA specimen which has been uploaded to
the Illinois DNA database shall not be required to submit an
additional specimen pursuant to this Section.
(Source: P.A. 93-979, eff. 8-20-04; 94-166, eff. 1-1-06;
94-945, eff. 6-27-06.)
 
    Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.