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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0161 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
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Amends the Hospital Licensing Act and the Code of Criminal Procedure of 1963. Provides that each licensed hospital shall designate patient-care areas under rules adopted by the Department of Public Health. These areas shall include examination and operating rooms and out-patient care areas of the hospital. Provides that each licensed hospital shall post a sign of a type and size
specified by the Department of Public Health in a conspicuous place at the entrance of each patient-care area of the hospital stating that peace officers may not enter the area without the knowing consent of the health supervisor or a valid search warrant. Provides that each hospital shall designate one of its staff as a health supervisor. Provides that the health supervisor shall be the person designated by the hospital to communicate and interact with peace officers including about the treatment and care being provided at the hospital to a person in the peace officer's custody who is being treated at the hospital. Provides that the health supervisor shall be a hospital administrator or other person in charge of supervising nurses at the hospital but who is not providing treatment to patients. Amends the Unified Code of Corrections and the Sex Offender Registration Act. Deletes provisions that require DNA submissions of persons charged with certain offenses and of each registered sex offender to the Department of State Police for DNA analysis. Deletes provisions 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.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Hospital Licensing Act is amended by adding |
5 | | Section 6.27 as follows:
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6 | | (210 ILCS 85/6.27 new) |
7 | | Sec. 6.27. Designation of patient-care areas; peace |
8 | | officers prohibited; interaction with nurses prohibited. |
9 | | (a) In this Section: |
10 | | "Hospital" includes an ambulatory surgical treatment |
11 | | center licensed under the Ambulatory Surgical Treatment |
12 | | Center Act and a hospital operated by the State, a unit of |
13 | | local government, or college or university whether public |
14 | | or private. |
15 | | "Law enforcement officer" means any person employed by |
16 | | the State, a county, or a municipality as a policeman, |
17 | | peace officer, auxiliary policeman, or correctional |
18 | | officer or in some like position involving the enforcement |
19 | | of the law and protection of the public interest at the |
20 | | risk of that person's life. |
21 | | "Peace officer" has the meaning ascribed to it in |
22 | | Section 2-13 of the Criminal Code of 2012 and includes a |
23 | | law enforcement officer. |
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1 | | (b) Each hospital licensed under this Act shall designate |
2 | | patient-care areas under rules adopted by the Department of |
3 | | Public Health. These areas shall include examination and |
4 | | operating rooms and out-patient care areas of the hospital. |
5 | | (c) Each hospital licensed under this Act shall post a sign |
6 | | of a type and size
specified by the Department of Public Health |
7 | | in a conspicuous place at the entrance of each patient-care |
8 | | area of the hospital stating that peace officers may not enter |
9 | | the area without the knowing consent of the health supervisor |
10 | | or a valid search warrant. |
11 | | (d) Each hospital shall designate one of its staff as a |
12 | | health supervisor. The health supervisor shall be the person |
13 | | designated by the hospital to communicate and interact with |
14 | | peace officers including about the treatment and care being |
15 | | provided at the hospital to a person in the peace officer's |
16 | | custody who is being treated at the hospital. The health |
17 | | supervisor shall be a hospital administrator or other person in |
18 | | charge of supervising nurses at the hospital but who is not |
19 | | providing treatment to patients.
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20 | | Section 10. The Code of Criminal Procedure of 1963 is |
21 | | amended by adding Section 103-10 as follows:
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22 | | (725 ILCS 5/103-10 new) |
23 | | Sec. 103-10. Patient-care areas of hospitals; peace |
24 | | officers prohibited. |
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1 | | (a) In this Section: |
2 | | "Law enforcement officer" means any person employed by |
3 | | the State, a county, or a municipality as a policeman, |
4 | | peace officer, auxiliary policeman, or correctional |
5 | | officer or in some like position involving the enforcement |
6 | | of the law and protection of the public interest at the |
7 | | risk of that person's life. |
8 | | "Peace officer" has the meaning ascribed to it in |
9 | | Section 2-13 of the Criminal Code of 2012 and includes a |
10 | | law enforcement officer. |
11 | | (b) A peace officer is prohibited from entering a |
12 | | patient-care area of a hospital designated under Section 6.27 |
13 | | of the Hospital Licensing Act without the knowing consent of |
14 | | the health supervisor designated by the hospital under Section |
15 | | 6.27 of the Hospital Licensing Act or a valid search warrant. |
16 | | (c) A peace officer may not communicate or otherwise |
17 | | interact with a nurse licensed under the Nurse Practice Act who |
18 | | is providing care for a person in the peace officer's custody. |
19 | | The peace officer may only communicate or otherwise interact |
20 | | with a health supervisor designated by the hospital under |
21 | | Section 6.27 of the Hospital Licensing Act.
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22 | | Section 15. The Unified Code of Corrections is amended by |
23 | | changing Section 5-4-3 as follows:
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24 | | (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
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1 | | Sec. 5-4-3. Specimens;
genetic marker groups. |
2 | | (a) Any person convicted of, found guilty under the |
3 | | Juvenile Court Act of
1987 for, or who received a disposition |
4 | | of court supervision for, a qualifying
offense or attempt of a |
5 | | qualifying offense, convicted or found guilty of any
offense |
6 | | classified as a felony under Illinois law, convicted or found |
7 | | guilty of any offense requiring registration under the Sex |
8 | | Offender Registration Act, found guilty or given
supervision |
9 | | for any offense classified as a felony under the Juvenile Court |
10 | | Act
of 1987, convicted or found guilty of, under the Juvenile |
11 | | Court Act of 1987, any offense requiring registration under the |
12 | | Sex Offender Registration Act, or institutionalized as a |
13 | | sexually dangerous person under the Sexually
Dangerous Persons |
14 | | Act, or committed as a sexually violent person under the
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15 | | Sexually Violent Persons Commitment Act shall, regardless of |
16 | | the sentence or
disposition imposed, be required to submit |
17 | | specimens of blood, saliva, or
tissue to the Illinois |
18 | | Department of State Police in accordance with the
provisions of |
19 | | this Section, provided such person is:
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20 | | (1) convicted of a qualifying offense or attempt of a |
21 | | qualifying offense
on or after July 1, 1990 and sentenced |
22 | | to a term of imprisonment, periodic imprisonment, fine,
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23 | | probation, conditional discharge or any other form of |
24 | | sentence, or given a
disposition of court supervision for |
25 | | the offense;
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26 | | (1.5) found guilty or given supervision under the |
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1 | | Juvenile Court Act of
1987 for a qualifying offense or |
2 | | attempt of a qualifying offense on or after
January 1, |
3 | | 1997;
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4 | | (2) ordered institutionalized as a sexually dangerous |
5 | | person on or after
July 1, 1990;
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6 | | (3) convicted of a qualifying offense or attempt of a |
7 | | qualifying offense
before July 1, 1990
and is presently |
8 | | confined as a result of such conviction in any State
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9 | | correctional facility or county jail or is presently |
10 | | serving a sentence of
probation, conditional discharge or |
11 | | periodic imprisonment as a result of such
conviction;
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12 | | (3.5) convicted or found guilty of any offense |
13 | | classified as a felony
under Illinois law or found guilty |
14 | | or given supervision for such an offense
under the Juvenile |
15 | | Court Act of 1987 on or after August 22, 2002;
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16 | | (4) presently institutionalized as a sexually |
17 | | dangerous person or
presently institutionalized as a |
18 | | person found guilty but mentally ill of a
sexual offense or |
19 | | attempt to commit a sexual offense; or
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20 | | (4.5) ordered committed as a sexually violent person on |
21 | | or after the
effective date of the Sexually Violent Persons |
22 | | Commitment Act.
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23 | | (a-1) Any person incarcerated in
a facility of the Illinois |
24 | | Department of Corrections or the Illinois Department of |
25 | | Juvenile Justice on or after August 22,
2002, whether for a |
26 | | term of years, natural life, or a sentence of death, who has |
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1 | | not yet submitted a specimen of blood, saliva, or tissue shall |
2 | | be required to submit a specimen of blood, saliva, or tissue
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3 | | prior to his or her final discharge, or release on parole, |
4 | | aftercare release, or mandatory
supervised release, as a
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5 | | condition of his or her parole, aftercare release, or mandatory |
6 | | supervised release, or within 6 months from August 13, 2009 |
7 | | (the effective date of Public Act 96-426), whichever is sooner. |
8 | | A person incarcerated on or after August 13, 2009 (the |
9 | | effective date of Public Act 96-426) shall be required to |
10 | | submit a specimen within 45 days of incarceration, or prior to |
11 | | his or her final discharge, or release on parole, aftercare |
12 | | release, or mandatory supervised release, as a condition of his |
13 | | or her parole, aftercare release, or mandatory supervised |
14 | | release, whichever is sooner. These specimens shall be placed |
15 | | into the State or national DNA database, to be used in |
16 | | accordance with other provisions of this Section, by the |
17 | | Illinois State Police.
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18 | | (a-2) Any person sentenced to life imprisonment in a |
19 | | facility of the Illinois Department of Corrections after the |
20 | | effective date of this amendatory Act of the 94th General |
21 | | Assembly or sentenced to death after the effective date of this |
22 | | amendatory Act of the 94th General Assembly shall be required |
23 | | to provide a specimen of blood, saliva, or tissue within 45 |
24 | | days after sentencing or disposition at a collection site |
25 | | designated by the Illinois Department of State Police. Any |
26 | | person serving a sentence of life imprisonment in a facility of |
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1 | | the Illinois Department of Corrections on the effective date of |
2 | | this amendatory Act of the 94th General Assembly or any person |
3 | | who is under a sentence of death on the effective date of this |
4 | | amendatory Act of the 94th General Assembly shall be required |
5 | | to provide a specimen of blood, saliva, or tissue upon request |
6 | | at a collection site designated by the Illinois Department of |
7 | | State Police.
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8 | | (a-3) Any person seeking transfer to or residency in |
9 | | Illinois under Sections 3-3-11.05
through 3-3-11.5 of this |
10 | | Code, the Interstate Compact
for Adult Offender Supervision, or |
11 | | the Interstate Agreements on Sexually
Dangerous Persons Act |
12 | | shall be required to provide a specimen of blood, saliva, or |
13 | | tissue within 45 days after transfer to or residency in |
14 | | Illinois at a collection site designated by the Illinois |
15 | | Department of State Police. |
16 | | (a-3.1) Any person required by an order of the court to |
17 | | submit a DNA specimen shall be required to provide a specimen |
18 | | of blood, saliva, or tissue within 45 days after the court |
19 | | order at a collection site designated by the Illinois |
20 | | Department of State Police. |
21 | | (a-3.2) (Blank). On or after January 1, 2012 (the effective |
22 | | date of Public Act 97-383), any person arrested for any of the |
23 | | following offenses, after an indictment has been returned by a |
24 | | grand jury, or following a hearing pursuant to Section 109-3 of |
25 | | the Code of Criminal Procedure of 1963 and a judge finds there |
26 | | is probable cause to believe the arrestee has committed one of |
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1 | | the designated offenses, or an arrestee has waived a |
2 | | preliminary hearing shall be required to provide a specimen of |
3 | | blood, saliva, or tissue within 14 days after such indictment |
4 | | or hearing at a collection site designated by the Illinois |
5 | | Department of State Police: |
6 | | (A) first degree murder; |
7 | | (B) home invasion; |
8 | | (C) predatory criminal sexual assault
of a child; |
9 | | (D) aggravated criminal sexual assault; or |
10 | | (E) criminal sexual assault. |
11 | | (a-3.3) (Blank). Any person required to register as a sex |
12 | | offender under the Sex Offender Registration Act, regardless of |
13 | | the date of conviction as set forth in subsection (c-5.2) shall |
14 | | be required to provide a specimen of blood, saliva, or tissue |
15 | | within the time period prescribed in subsection (c-5.2) at a |
16 | | collection site designated by the Illinois Department of State |
17 | | Police. |
18 | | (a-5) Any person who was otherwise convicted of or received |
19 | | a disposition
of court supervision for any other offense under |
20 | | the Criminal Code of 1961 or the Criminal Code of 2012 or
who |
21 | | was found guilty or given supervision for such a violation |
22 | | under the
Juvenile Court Act of 1987, may, regardless of the |
23 | | sentence imposed, be
required by an order of the court to |
24 | | submit specimens of blood, saliva, or
tissue to the Illinois |
25 | | Department of State Police in accordance with the
provisions of |
26 | | this Section.
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1 | | (b) Any person required by paragraphs (a)(1), (a)(1.5), |
2 | | (a)(2), (a)(3.5),
and (a-5) to provide specimens of blood, |
3 | | saliva, or tissue shall provide
specimens of blood, saliva, or |
4 | | tissue within 45 days after sentencing or
disposition at a |
5 | | collection site designated by the Illinois Department of
State |
6 | | Police.
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7 | | (c) Any person required by paragraphs (a)(3), (a)(4), and |
8 | | (a)(4.5) to
provide specimens of blood, saliva, or tissue shall |
9 | | be required to provide
such specimens prior to final discharge |
10 | | or within 6 months from August 13, 2009 (the effective date of |
11 | | Public Act 96-426), whichever is sooner. These specimens shall |
12 | | be placed into the State or national DNA database, to be used |
13 | | in accordance with other provisions of this Act, by the |
14 | | Illinois State Police.
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15 | | (c-5) Any person required by paragraph (a-3) to provide |
16 | | specimens of
blood, saliva, or tissue shall, where feasible, be |
17 | | required to provide the
specimens before being accepted for |
18 | | conditioned residency in Illinois under
the interstate compact |
19 | | or agreement, but no later than 45 days after arrival
in this |
20 | | State.
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21 | | (c-5.2) (Blank). Unless it is determined that a registered |
22 | | sex offender has previously submitted a specimen of blood, |
23 | | saliva, or tissue that has been placed into the State DNA |
24 | | database, a person registering as a sex offender shall be |
25 | | required to submit a specimen at the time of his or her initial |
26 | | registration pursuant to the Sex Offender Registration Act or, |
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1 | | for a person registered as a sex offender on or prior to |
2 | | January 1, 2012 (the effective date of Public Act 97-383), |
3 | | within one year of January 1, 2012 (the effective date of |
4 | | Public Act 97-383) or at the time of his or her next required |
5 | | registration. |
6 | | (c-6) The Illinois Department of State Police may determine |
7 | | which type of
specimen or specimens, blood, saliva, or tissue, |
8 | | is acceptable for submission
to the Division of Forensic |
9 | | Services for analysis. The Illinois Department of State Police |
10 | | may require the submission of fingerprints from anyone required |
11 | | to give a specimen under this Act.
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12 | | (d) The Illinois Department of State Police shall provide |
13 | | all equipment
and instructions necessary for the collection of |
14 | | blood specimens.
The collection of specimens shall be performed |
15 | | in a medically approved
manner. Only a physician authorized to |
16 | | practice medicine, a registered
nurse or other qualified person |
17 | | trained in venipuncture may withdraw blood
for the purposes of |
18 | | this Act. The specimens
shall thereafter be forwarded to the |
19 | | Illinois Department of State Police,
Division of Forensic |
20 | | Services, for analysis and
categorizing into genetic marker |
21 | | groupings.
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22 | | (d-1) The Illinois Department of State Police shall provide |
23 | | all equipment
and instructions necessary for the collection of |
24 | | saliva specimens. The
collection of saliva specimens shall be |
25 | | performed in a medically approved manner.
Only a person trained |
26 | | in the instructions promulgated by the Illinois State
Police on |
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1 | | collecting saliva may collect saliva for the purposes of this
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2 | | Section. The specimens shall thereafter be forwarded to the |
3 | | Illinois Department
of State Police, Division of Forensic |
4 | | Services, for analysis and categorizing
into genetic marker |
5 | | groupings.
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6 | | (d-2) The Illinois Department of State Police shall provide |
7 | | all equipment
and instructions necessary for the collection of |
8 | | tissue specimens. The
collection of tissue specimens shall be |
9 | | performed in a medically approved
manner. Only a person trained |
10 | | in the instructions promulgated by the Illinois
State Police on |
11 | | collecting tissue may collect tissue for the purposes of this
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12 | | Section. The specimens shall thereafter be forwarded to the |
13 | | Illinois Department
of State Police, Division of Forensic |
14 | | Services, for analysis and categorizing
into genetic marker |
15 | | groupings.
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16 | | (d-5) To the extent that funds are available, the Illinois |
17 | | Department of
State Police shall contract with qualified |
18 | | personnel and certified laboratories
for the collection, |
19 | | analysis, and categorization of known specimens, except as |
20 | | provided in subsection (n) of this Section.
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21 | | (d-6) Agencies designated by the Illinois Department of |
22 | | State Police and
the Illinois Department of State Police may |
23 | | contract with third parties to
provide for the collection or |
24 | | analysis of DNA, or both, of an offender's blood,
saliva, and |
25 | | tissue specimens, except as provided in subsection (n) of this |
26 | | Section.
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1 | | (e) The genetic marker groupings shall be maintained by the |
2 | | Illinois
Department of State Police, Division of Forensic |
3 | | Services.
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4 | | (f) The genetic marker grouping analysis information |
5 | | obtained pursuant
to this Act shall be confidential and shall |
6 | | be released only to peace
officers of the United States, of |
7 | | other states or territories, of the
insular possessions of the |
8 | | United States, of foreign countries duly
authorized to receive |
9 | | the same, to all peace officers of the State of
Illinois and to |
10 | | all prosecutorial agencies, and to defense counsel as
provided |
11 | | by Section 116-5 of the Code of Criminal Procedure of 1963.
The |
12 | | genetic marker grouping analysis information obtained pursuant |
13 | | to
this Act shall be used only for (i) valid law enforcement |
14 | | identification
purposes and as required by the Federal Bureau |
15 | | of Investigation for
participation in the National DNA |
16 | | database, (ii) technology
validation
purposes, (iii) a |
17 | | population statistics database, (iv) quality
assurance
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18 | | purposes if personally identifying information is removed,
(v) |
19 | | assisting in the defense of the criminally accused pursuant
to
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20 | | Section 116-5 of the Code of Criminal Procedure of 1963, or |
21 | | (vi) identifying and assisting in the prosecution of a person |
22 | | who is suspected of committing a sexual assault as defined in |
23 | | Section 1a of the Sexual Assault Survivors Emergency Treatment |
24 | | Act. Notwithstanding
any other statutory provision to the |
25 | | contrary,
all information obtained under this Section shall be |
26 | | maintained in a single
State data base, which may be uploaded |
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1 | | into a national database, and which
information may be subject |
2 | | to expungement only as set forth in subsection
(f-1).
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3 | | (f-1) Upon receipt of notification of a reversal of a |
4 | | conviction based on
actual innocence, or of the granting of a |
5 | | pardon pursuant to Section 12 of
Article V of the Illinois |
6 | | Constitution, if that pardon document specifically
states that |
7 | | the reason for the pardon is the actual innocence of an |
8 | | individual
whose DNA record has been stored in the State or |
9 | | national DNA identification
index in accordance with this |
10 | | Section by the Illinois Department of State
Police, the DNA |
11 | | record shall be expunged from the DNA identification index, and
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12 | | the Department shall by rule prescribe procedures to ensure |
13 | | that the record and
any specimens, analyses, or other documents |
14 | | relating to such record, whether in
the possession of the |
15 | | Department or any law enforcement or police agency, or
any |
16 | | forensic DNA laboratory, including any duplicates or copies |
17 | | thereof, are
destroyed and a letter is sent to the court |
18 | | verifying the expungement is
completed. For specimens required |
19 | | to be collected prior to conviction, unless the individual has |
20 | | other charges or convictions that require submission of a |
21 | | specimen, the DNA record for an individual shall be expunged |
22 | | from the DNA identification databases and the specimen |
23 | | destroyed upon receipt of a certified copy of a final court |
24 | | order for each charge against an individual in which the charge |
25 | | has been dismissed, resulted in acquittal, or that the charge |
26 | | was not filed within the applicable time period. The Department |
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1 | | shall by rule prescribe procedures to ensure that the record |
2 | | and any specimens in the possession or control of the |
3 | | Department are destroyed and a letter is sent to the court |
4 | | verifying the expungement is completed.
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5 | | (f-5) Any person who intentionally uses genetic marker |
6 | | grouping analysis
information, or any other information |
7 | | derived from a DNA specimen, beyond the
authorized uses as |
8 | | provided under this Section, or any other Illinois law, is
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9 | | guilty of a Class 4 felony, and shall be subject to a fine of |
10 | | not less than
$5,000.
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11 | | (f-6) The Illinois Department of State Police may contract |
12 | | with third
parties for the purposes of implementing this |
13 | | amendatory Act of the 93rd
General Assembly, except as provided |
14 | | in subsection (n) of this Section. Any other party contracting |
15 | | to carry out the functions of
this Section shall be subject to |
16 | | the same restrictions and requirements of this
Section insofar |
17 | | as applicable, as the Illinois Department of State Police, and
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18 | | to any additional restrictions imposed by the Illinois |
19 | | Department of State
Police.
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20 | | (g) For the purposes of this Section, "qualifying offense" |
21 | | means any of
the following:
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22 | | (1) any violation or inchoate violation of Section |
23 | | 11-1.50, 11-1.60, 11-6, 11-9.1, 11-11,
11-18.1, 12-15, or |
24 | | 12-16 of the Criminal Code of 1961 or the Criminal Code of |
25 | | 2012;
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26 | | (1.1) any violation or inchoate violation of Section |
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1 | | 9-1, 9-2, 10-1,
10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, |
2 | | 18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal
Code of |
3 | | 1961 or the Criminal Code of 2012 for which persons are |
4 | | convicted on or after July 1, 2001;
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5 | | (2) any former statute of this State which defined a |
6 | | felony sexual
offense;
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7 | | (3) (blank);
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8 | | (4) any inchoate violation of Section 9-3.1, 9-3.4, |
9 | | 11-9.3, 12-7.3, or 12-7.4 of
the Criminal Code of 1961 or |
10 | | the Criminal Code of 2012; or
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11 | | (5) any violation or inchoate violation of Article 29D |
12 | | of the Criminal
Code of 1961 or the Criminal Code of 2012.
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13 | | (g-5) (Blank).
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14 | | (h) The Illinois Department of State Police shall be the |
15 | | State central
repository for all genetic marker grouping |
16 | | analysis information obtained
pursuant to this Act. The |
17 | | Illinois Department of State Police may
promulgate rules for |
18 | | the form and manner of the collection of blood, saliva,
or |
19 | | tissue specimens and other procedures for the operation of this |
20 | | Act. The
provisions of the Administrative Review Law shall |
21 | | apply to all actions taken
under the rules so promulgated.
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22 | | (i) (1) A person required to provide a blood, saliva, or |
23 | | tissue specimen
shall
cooperate with the collection of the |
24 | | specimen and any deliberate act by
that person intended to |
25 | | impede, delay or stop the collection of the blood,
saliva, |
26 | | or tissue specimen is a Class 4 felony.
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1 | | (2) In the event that a person's DNA specimen is not |
2 | | adequate for any
reason, the person shall provide another |
3 | | DNA specimen for analysis. Duly
authorized law
enforcement |
4 | | and corrections personnel may employ reasonable force in |
5 | | cases in
which an individual refuses to provide a DNA |
6 | | specimen required under this
Act.
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7 | | (j) (Blank).
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8 | | (k) All analysis and categorization assessments provided |
9 | | under the Criminal and Traffic Assessments Act to the State |
10 | | Offender DNA Identification System Fund
shall be regulated as |
11 | | follows:
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12 | | (1) The State Offender DNA Identification System Fund |
13 | | is hereby created as
a special fund in the State Treasury.
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14 | | (2) (Blank).
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15 | | (3) Moneys deposited into the State Offender DNA |
16 | | Identification System Fund
shall be used by Illinois State |
17 | | Police crime laboratories as designated by the
Director of |
18 | | State Police. These funds shall be in addition to any |
19 | | allocations
made pursuant to existing laws and shall be |
20 | | designated for the exclusive use of
State crime |
21 | | laboratories. These uses may include, but are not limited |
22 | | to, the
following:
|
23 | | (A) Costs incurred in providing analysis and |
24 | | genetic marker
categorization as required by |
25 | | subsection (d).
|
26 | | (B) Costs incurred in maintaining genetic marker |
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1 | | groupings as required
by subsection (e).
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2 | | (C) Costs incurred in the purchase and maintenance |
3 | | of equipment for use
in performing analyses.
|
4 | | (D) Costs incurred in continuing research and |
5 | | development of new
techniques for analysis and genetic |
6 | | marker categorization.
|
7 | | (E) Costs incurred in continuing education, |
8 | | training, and professional
development of forensic |
9 | | scientists regularly employed by these laboratories.
|
10 | | (l) The failure of a person to provide a specimen, or of |
11 | | any person or
agency to collect a specimen, shall in no way |
12 | | alter
the obligation of the person to submit such specimen, or |
13 | | the authority of the
Illinois Department of State Police or |
14 | | persons designated by the Department to
collect the specimen, |
15 | | or the authority of the Illinois Department of State
Police to |
16 | | accept, analyze and maintain the specimen or to maintain or |
17 | | upload
results of genetic marker grouping analysis information |
18 | | into a State or
national database.
|
19 | | (m) If any provision of this amendatory Act of the 93rd |
20 | | General Assembly
is
held unconstitutional or otherwise |
21 | | invalid, the remainder of this amendatory
Act
of the 93rd |
22 | | General Assembly is not affected.
|
23 | | (n) Neither the Department of State Police, the Division of |
24 | | Forensic Services, nor any laboratory of the Division of |
25 | | Forensic Services may contract out forensic testing for the |
26 | | purpose of an active investigation or a matter pending before a |
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1 | | court of competent jurisdiction without the written consent of |
2 | | the prosecuting agency. For the purposes of this subsection |
3 | | (n), "forensic testing" includes the analysis of physical |
4 | | evidence in an investigation or other proceeding for the |
5 | | prosecution of a violation of the Criminal Code of 1961 or the |
6 | | Criminal Code of 2012 or for matters adjudicated under the |
7 | | Juvenile Court Act of 1987, and includes the use of forensic |
8 | | databases and databanks, including DNA, firearm, and |
9 | | fingerprint databases, and expert testimony. |
10 | | (o) (Blank). Mistake does not invalidate a database match. |
11 | | The detention, arrest, or conviction of a person based upon a |
12 | | database match or database information is not invalidated if it |
13 | | is determined that the specimen was obtained or placed in the |
14 | | database by mistake. |
15 | | (p) This Section may be referred to as the Illinois DNA |
16 | | Database Law of 2011. |
17 | | (Source: P.A. 100-987, eff. 7-1-19.)
|
18 | | Section 20. The Sex Offender Registration Act is amended by |
19 | | changing Section 8 as follows:
|
20 | | (730 ILCS 150/8) (from Ch. 38, par. 228)
|
21 | | Sec. 8. Registration and DNA submission requirements . |
22 | | (a) Registration. Registration as required by this
Article |
23 | | shall consist of a statement in writing signed by the person |
24 | | giving the
information that is required by the Department of |
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1 | | State Police, which may
include the fingerprints and must |
2 | | include a current photograph of the person, to be updated |
3 | | annually. If the sex offender is a child sex offender as |
4 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of |
5 | | 1961 or the Criminal Code of 2012, he or she shall sign a |
6 | | statement that he or she understands that according to Illinois |
7 | | law as a child sex offender he or she may not reside within 500 |
8 | | feet of a school, park, or playground. The offender may also |
9 | | not reside within 500 feet of a facility providing services |
10 | | directed exclusively toward persons under 18 years of age |
11 | | unless the sex offender meets specified exemptions. The
|
12 | | registration
information must include whether the person is a |
13 | | sex offender as
defined
in the Sex Offender Community |
14 | | Notification
Law. Within 3
days, the
registering law |
15 | | enforcement agency shall forward any
required information to |
16 | | the Department of State Police. The registering
law enforcement |
17 | | agency shall
enter the information into the Law Enforcement |
18 | | Agencies Data System (LEADS) as
provided in Sections 6 and 7 of |
19 | | the Intergovernmental Missing Child Recovery
Act of 1984.
|
20 | | (b) (Blank). DNA submission. Every person registering as a |
21 | | sex offender pursuant to this Act, regardless of the date of |
22 | | conviction or the date of initial registration who is required |
23 | | to submit specimens of blood, saliva, or tissue for DNA |
24 | | analysis as required by subsection (a) of Section 5-4-3 of the |
25 | | Unified Code of Corrections shall submit the specimens as |
26 | | required by that Section. Registered sex offenders who have |