101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0161

Introduced , by Rep. Mary E. Flowers

SYNOPSIS AS INTRODUCED:
See Index

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

HB0161LRB101 04662 SLF 49671 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Hospital Licensing Act is amended by adding
5Section 6.27 as follows:
6 (210 ILCS 85/6.27 new)
7 Sec. 6.27. Designation of patient-care areas; peace
8officers 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
2patient-care areas under rules adopted by the Department of
3Public Health. These areas shall include examination and
4operating rooms and out-patient care areas of the hospital.
5 (c) Each hospital licensed under this Act shall post a sign
6of a type and size specified by the Department of Public Health
7in a conspicuous place at the entrance of each patient-care
8area of the hospital stating that peace officers may not enter
9the area without the knowing consent of the health supervisor
10or a valid search warrant.
11 (d) Each hospital shall designate one of its staff as a
12health supervisor. The health supervisor shall be the person
13designated by the hospital to communicate and interact with
14peace officers including about the treatment and care being
15provided at the hospital to a person in the peace officer's
16custody who is being treated at the hospital. The health
17supervisor shall be a hospital administrator or other person in
18charge of supervising nurses at the hospital but who is not
19providing treatment to patients.
20 Section 10. The Code of Criminal Procedure of 1963 is
21amended by adding Section 103-10 as follows:
22 (725 ILCS 5/103-10 new)
23 Sec. 103-10. Patient-care areas of hospitals; peace
24officers 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
12patient-care area of a hospital designated under Section 6.27
13of the Hospital Licensing Act without the knowing consent of
14the health supervisor designated by the hospital under Section
156.27 of the Hospital Licensing Act or a valid search warrant.
16 (c) A peace officer may not communicate or otherwise
17interact with a nurse licensed under the Nurse Practice Act who
18is providing care for a person in the peace officer's custody.
19The peace officer may only communicate or otherwise interact
20with a health supervisor designated by the hospital under
21Section 6.27 of the Hospital Licensing Act.
22 Section 15. The Unified Code of Corrections is amended by
23changing Section 5-4-3 as follows:
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
3Juvenile Court Act of 1987 for, or who received a disposition
4of court supervision for, a qualifying offense or attempt of a
5qualifying offense, convicted or found guilty of any offense
6classified as a felony under Illinois law, convicted or found
7guilty of any offense requiring registration under the Sex
8Offender Registration Act, found guilty or given supervision
9for any offense classified as a felony under the Juvenile Court
10Act of 1987, convicted or found guilty of, under the Juvenile
11Court Act of 1987, any offense requiring registration under the
12Sex Offender Registration Act, or institutionalized as a
13sexually dangerous person under the Sexually Dangerous Persons
14Act, or committed as a sexually violent person under the
15Sexually Violent Persons Commitment Act shall, regardless of
16the sentence or disposition imposed, be required to submit
17specimens of blood, saliva, or tissue to the Illinois
18Department of State Police in accordance with the provisions of
19this Section, provided such person is:
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,
23 probation, conditional discharge or any other form of
24 sentence, or given a disposition of court supervision for
25 the offense;
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;
4 (2) ordered institutionalized as a sexually dangerous
5 person on or after July 1, 1990;
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
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;
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;
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
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.
23 (a-1) Any person incarcerated in a facility of the Illinois
24Department of Corrections or the Illinois Department of
25Juvenile Justice on or after August 22, 2002, whether for a
26term of years, natural life, or a sentence of death, who has

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1not yet submitted a specimen of blood, saliva, or tissue shall
2be required to submit a specimen of blood, saliva, or tissue
3prior to his or her final discharge, or release on parole,
4aftercare release, or mandatory supervised release, as a
5condition of his or her parole, aftercare release, or mandatory
6supervised release, or within 6 months from August 13, 2009
7(the effective date of Public Act 96-426), whichever is sooner.
8A person incarcerated on or after August 13, 2009 (the
9effective date of Public Act 96-426) shall be required to
10submit a specimen within 45 days of incarceration, or prior to
11his or her final discharge, or release on parole, aftercare
12release, or mandatory supervised release, as a condition of his
13or her parole, aftercare release, or mandatory supervised
14release, whichever is sooner. These specimens shall be placed
15into the State or national DNA database, to be used in
16accordance with other provisions of this Section, by the
17Illinois State Police.
18 (a-2) Any person sentenced to life imprisonment in a
19facility of the Illinois Department of Corrections after the
20effective date of this amendatory Act of the 94th General
21Assembly or sentenced to death after the effective date of this
22amendatory Act of the 94th General Assembly shall be required
23to provide a specimen of blood, saliva, or tissue within 45
24days after sentencing or disposition at a collection site
25designated by the Illinois Department of State Police. Any
26person serving a sentence of life imprisonment in a facility of

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1the Illinois Department of Corrections on the effective date of
2this amendatory Act of the 94th General Assembly or any person
3who is under a sentence of death on the effective date of this
4amendatory Act of the 94th General Assembly shall be required
5to provide a specimen of blood, saliva, or tissue upon request
6at a collection site designated by the Illinois Department of
7State Police.
8 (a-3) Any person seeking transfer to or residency in
9Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
10Code, the Interstate Compact for Adult Offender Supervision, or
11the Interstate Agreements on Sexually Dangerous Persons Act
12shall be required to provide a specimen of blood, saliva, or
13tissue within 45 days after transfer to or residency in
14Illinois at a collection site designated by the Illinois
15Department of State Police.
16 (a-3.1) Any person required by an order of the court to
17submit a DNA specimen shall be required to provide a specimen
18of blood, saliva, or tissue within 45 days after the court
19order at a collection site designated by the Illinois
20Department of State Police.
21 (a-3.2) (Blank). On or after January 1, 2012 (the effective
22date of Public Act 97-383), any person arrested for any of the
23following offenses, after an indictment has been returned by a
24grand jury, or following a hearing pursuant to Section 109-3 of
25the Code of Criminal Procedure of 1963 and a judge finds there
26is probable cause to believe the arrestee has committed one of

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1the designated offenses, or an arrestee has waived a
2preliminary hearing shall be required to provide a specimen of
3blood, saliva, or tissue within 14 days after such indictment
4or hearing at a collection site designated by the Illinois
5Department 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
12offender under the Sex Offender Registration Act, regardless of
13the date of conviction as set forth in subsection (c-5.2) shall
14be required to provide a specimen of blood, saliva, or tissue
15within the time period prescribed in subsection (c-5.2) at a
16collection site designated by the Illinois Department of State
17Police.
18 (a-5) Any person who was otherwise convicted of or received
19a disposition of court supervision for any other offense under
20the Criminal Code of 1961 or the Criminal Code of 2012 or who
21was found guilty or given supervision for such a violation
22under the Juvenile Court Act of 1987, may, regardless of the
23sentence imposed, be required by an order of the court to
24submit specimens of blood, saliva, or tissue to the Illinois
25Department of State Police in accordance with the provisions of
26this 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,
3saliva, or tissue shall provide specimens of blood, saliva, or
4tissue within 45 days after sentencing or disposition at a
5collection site designated by the Illinois Department of State
6Police.
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
9be required to provide such specimens prior to final discharge
10or within 6 months from August 13, 2009 (the effective date of
11Public Act 96-426), whichever is sooner. These specimens shall
12be placed into the State or national DNA database, to be used
13in accordance with other provisions of this Act, by the
14Illinois State Police.
15 (c-5) Any person required by paragraph (a-3) to provide
16specimens of blood, saliva, or tissue shall, where feasible, be
17required to provide the specimens before being accepted for
18conditioned residency in Illinois under the interstate compact
19or agreement, but no later than 45 days after arrival in this
20State.
21 (c-5.2) (Blank). Unless it is determined that a registered
22sex offender has previously submitted a specimen of blood,
23saliva, or tissue that has been placed into the State DNA
24database, a person registering as a sex offender shall be
25required to submit a specimen at the time of his or her initial
26registration pursuant to the Sex Offender Registration Act or,

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1for a person registered as a sex offender on or prior to
2January 1, 2012 (the effective date of Public Act 97-383),
3within one year of January 1, 2012 (the effective date of
4Public Act 97-383) or at the time of his or her next required
5registration.
6 (c-6) The Illinois Department of State Police may determine
7which type of specimen or specimens, blood, saliva, or tissue,
8is acceptable for submission to the Division of Forensic
9Services for analysis. The Illinois Department of State Police
10may require the submission of fingerprints from anyone required
11to give a specimen under this Act.
12 (d) The Illinois Department of State Police shall provide
13all equipment and instructions necessary for the collection of
14blood specimens. The collection of specimens shall be performed
15in a medically approved manner. Only a physician authorized to
16practice medicine, a registered nurse or other qualified person
17trained in venipuncture may withdraw blood for the purposes of
18this Act. The specimens shall thereafter be forwarded to the
19Illinois Department of State Police, Division of Forensic
20Services, for analysis and categorizing into genetic marker
21groupings.
22 (d-1) The Illinois Department of State Police shall provide
23all equipment and instructions necessary for the collection of
24saliva specimens. The collection of saliva specimens shall be
25performed in a medically approved manner. Only a person trained
26in the instructions promulgated by the Illinois State Police on

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1collecting saliva may collect saliva for the purposes of this
2Section. The specimens shall thereafter be forwarded to the
3Illinois Department of State Police, Division of Forensic
4Services, for analysis and categorizing into genetic marker
5groupings.
6 (d-2) The Illinois Department of State Police shall provide
7all equipment and instructions necessary for the collection of
8tissue specimens. The collection of tissue specimens shall be
9performed in a medically approved manner. Only a person trained
10in the instructions promulgated by the Illinois State Police on
11collecting tissue may collect tissue for the purposes of this
12Section. The specimens shall thereafter be forwarded to the
13Illinois Department of State Police, Division of Forensic
14Services, for analysis and categorizing into genetic marker
15groupings.
16 (d-5) To the extent that funds are available, the Illinois
17Department of State Police shall contract with qualified
18personnel and certified laboratories for the collection,
19analysis, and categorization of known specimens, except as
20provided in subsection (n) of this Section.
21 (d-6) Agencies designated by the Illinois Department of
22State Police and the Illinois Department of State Police may
23contract with third parties to provide for the collection or
24analysis of DNA, or both, of an offender's blood, saliva, and
25tissue specimens, except as provided in subsection (n) of this
26Section.

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1 (e) The genetic marker groupings shall be maintained by the
2Illinois Department of State Police, Division of Forensic
3Services.
4 (f) The genetic marker grouping analysis information
5obtained pursuant to this Act shall be confidential and shall
6be released only to peace officers of the United States, of
7other states or territories, of the insular possessions of the
8United States, of foreign countries duly authorized to receive
9the same, to all peace officers of the State of Illinois and to
10all prosecutorial agencies, and to defense counsel as provided
11by Section 116-5 of the Code of Criminal Procedure of 1963. The
12genetic marker grouping analysis information obtained pursuant
13to this Act shall be used only for (i) valid law enforcement
14identification purposes and as required by the Federal Bureau
15of Investigation for participation in the National DNA
16database, (ii) technology validation purposes, (iii) a
17population statistics database, (iv) quality assurance
18purposes if personally identifying information is removed, (v)
19assisting in the defense of the criminally accused pursuant to
20Section 116-5 of the Code of Criminal Procedure of 1963, or
21(vi) identifying and assisting in the prosecution of a person
22who is suspected of committing a sexual assault as defined in
23Section 1a of the Sexual Assault Survivors Emergency Treatment
24Act. Notwithstanding any other statutory provision to the
25contrary, all information obtained under this Section shall be
26maintained in a single State data base, which may be uploaded

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1into a national database, and which information may be subject
2to expungement only as set forth in subsection (f-1).
3 (f-1) Upon receipt of notification of a reversal of a
4conviction based on actual innocence, or of the granting of a
5pardon pursuant to Section 12 of Article V of the Illinois
6Constitution, if that pardon document specifically states that
7the reason for the pardon is the actual innocence of an
8individual whose DNA record has been stored in the State or
9national DNA identification index in accordance with this
10Section by the Illinois Department of State Police, the DNA
11record shall be expunged from the DNA identification index, and
12the Department shall by rule prescribe procedures to ensure
13that the record and any specimens, analyses, or other documents
14relating to such record, whether in the possession of the
15Department or any law enforcement or police agency, or any
16forensic DNA laboratory, including any duplicates or copies
17thereof, are destroyed and a letter is sent to the court
18verifying the expungement is completed. For specimens required
19to be collected prior to conviction, unless the individual has
20other charges or convictions that require submission of a
21specimen, the DNA record for an individual shall be expunged
22from the DNA identification databases and the specimen
23destroyed upon receipt of a certified copy of a final court
24order for each charge against an individual in which the charge
25has been dismissed, resulted in acquittal, or that the charge
26was not filed within the applicable time period. The Department

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1shall by rule prescribe procedures to ensure that the record
2and any specimens in the possession or control of the
3Department are destroyed and a letter is sent to the court
4verifying the expungement is completed.
5 (f-5) Any person who intentionally uses genetic marker
6grouping analysis information, or any other information
7derived from a DNA specimen, beyond the authorized uses as
8provided under this Section, or any other Illinois law, is
9guilty of a Class 4 felony, and shall be subject to a fine of
10not less than $5,000.
11 (f-6) The Illinois Department of State Police may contract
12with third parties for the purposes of implementing this
13amendatory Act of the 93rd General Assembly, except as provided
14in subsection (n) of this Section. Any other party contracting
15to carry out the functions of this Section shall be subject to
16the same restrictions and requirements of this Section insofar
17as applicable, as the Illinois Department of State Police, and
18to any additional restrictions imposed by the Illinois
19Department of State Police.
20 (g) For the purposes of this Section, "qualifying offense"
21means any of the following:
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;
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;
5 (2) any former statute of this State which defined a
6 felony sexual offense;
7 (3) (blank);
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
11 (5) any violation or inchoate violation of Article 29D
12 of the Criminal Code of 1961 or the Criminal Code of 2012.
13 (g-5) (Blank).
14 (h) The Illinois Department of State Police shall be the
15State central repository for all genetic marker grouping
16analysis information obtained pursuant to this Act. The
17Illinois Department of State Police may promulgate rules for
18the form and manner of the collection of blood, saliva, or
19tissue specimens and other procedures for the operation of this
20Act. The provisions of the Administrative Review Law shall
21apply to all actions taken under the rules so promulgated.
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.
7 (j) (Blank).
8 (k) All analysis and categorization assessments provided
9under the Criminal and Traffic Assessments Act to the State
10Offender DNA Identification System Fund shall be regulated as
11follows:
12 (1) The State Offender DNA Identification System Fund
13 is hereby created as a special fund in the State Treasury.
14 (2) (Blank).
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).
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
11any person or agency to collect a specimen, shall in no way
12alter the obligation of the person to submit such specimen, or
13the authority of the Illinois Department of State Police or
14persons designated by the Department to collect the specimen,
15or the authority of the Illinois Department of State Police to
16accept, analyze and maintain the specimen or to maintain or
17upload results of genetic marker grouping analysis information
18into a State or national database.
19 (m) If any provision of this amendatory Act of the 93rd
20General Assembly is held unconstitutional or otherwise
21invalid, the remainder of this amendatory Act of the 93rd
22General Assembly is not affected.
23 (n) Neither the Department of State Police, the Division of
24Forensic Services, nor any laboratory of the Division of
25Forensic Services may contract out forensic testing for the
26purpose of an active investigation or a matter pending before a

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1court of competent jurisdiction without the written consent of
2the prosecuting agency. For the purposes of this subsection
3(n), "forensic testing" includes the analysis of physical
4evidence in an investigation or other proceeding for the
5prosecution of a violation of the Criminal Code of 1961 or the
6Criminal Code of 2012 or for matters adjudicated under the
7Juvenile Court Act of 1987, and includes the use of forensic
8databases and databanks, including DNA, firearm, and
9fingerprint databases, and expert testimony.
10 (o) (Blank). Mistake does not invalidate a database match.
11The detention, arrest, or conviction of a person based upon a
12database match or database information is not invalidated if it
13is determined that the specimen was obtained or placed in the
14database by mistake.
15 (p) This Section may be referred to as the Illinois DNA
16Database Law of 2011.
17(Source: P.A. 100-987, eff. 7-1-19.)
18 Section 20. The Sex Offender Registration Act is amended by
19changing 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
23shall consist of a statement in writing signed by the person
24giving the information that is required by the Department of

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1State Police, which may include the fingerprints and must
2include a current photograph of the person, to be updated
3annually. If the sex offender is a child sex offender as
4defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
51961 or the Criminal Code of 2012, he or she shall sign a
6statement that he or she understands that according to Illinois
7law as a child sex offender he or she may not reside within 500
8feet of a school, park, or playground. The offender may also
9not reside within 500 feet of a facility providing services
10directed exclusively toward persons under 18 years of age
11unless the sex offender meets specified exemptions. The
12registration information must include whether the person is a
13sex offender as defined in the Sex Offender Community
14Notification Law. Within 3 days, the registering law
15enforcement agency shall forward any required information to
16the Department of State Police. The registering law enforcement
17agency shall enter the information into the Law Enforcement
18Agencies Data System (LEADS) as provided in Sections 6 and 7 of
19the Intergovernmental Missing Child Recovery Act of 1984.
20 (b) (Blank). DNA submission. Every person registering as a
21sex offender pursuant to this Act, regardless of the date of
22conviction or the date of initial registration who is required
23to submit specimens of blood, saliva, or tissue for DNA
24analysis as required by subsection (a) of Section 5-4-3 of the
25Unified Code of Corrections shall submit the specimens as
26required by that Section. Registered sex offenders who have

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1previously submitted a DNA specimen which has been uploaded to
2the Illinois DNA database shall not be required to submit an
3additional specimen pursuant to this Section.
4(Source: P.A. 97-383, eff. 1-1-12; 97-1150, eff. 1-25-13.)

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1 INDEX
2 Statutes amended in order of appearance