Bill Text: IL HB0517 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 1961. Provides that the offense of obstructing justice also includes destroying, altering, concealing, disguising, or otherwise tampering with evidence collected for DNA fingerprinting analysis. Provides that the offense is a Class 3 felony. Amends the Code of Criminal Procedure of 1963 and the Unified Code of Corrections. Provides that every person arrested for committing a felony shall have a sample of his or her saliva or tissue taken for DNA fingerprinting analysis, at the time of booking, for the purpose of determining identity and for certain other specified purposes. Provides that subject to appropriation, the Department of State Police shall implement this provision. Provides that this provision becomes operative no later than the earliest of the following: (1) 2 years after the effective date of this amendatory Act; (2) the date on which the Department of State Police informs law enforcement agencies that the Department is ready to collect samples; or (3) January 1, 2012. Provides that in the amendatory changes to the Unified Code of Corrections, intentionally using genetic marker grouping analysis information derived from a DNA sample beyond authorized uses is a Class 3 rather than a Class 4 felony. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB0517 Detail]

Download: Illinois-2009-HB0517-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB0517 Introduced 2/4/2009, by Rep. Susana A Mendoza SYNOPSIS AS INTRODUCED:
720 ILCS 5/31-4 from Ch. 38, par. 31-4
725 ILCS 5/107-2.5 new
730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3
Amends the Criminal Code of 1961. Provides that the offense of obstructing justice also includes destroying, altering, concealing, disguising, or otherwise tampering with evidence collected for DNA fingerprinting analysis. Provides that the offense is a Class 3 felony. Amends the Code of Criminal Procedure of 1963 and the Unified Code of Corrections. Provides that every person arrested for committing a felony shall have a sample of his or her saliva or tissue taken for DNA fingerprinting analysis, at the time of booking, for the purpose of determining identity and for certain other specified purposes. Provides that subject to appropriation, the Department of State Police shall implement this provision. Provides that this provision becomes operative no later than the earliest of the following: (1) 2 years after the effective date of this amendatory Act; (2) the date on which the Department of State Police informs law enforcement agencies that the Department is ready to collect samples; or (3) January 1, 2012. Provides that in the amendatory changes to the Unified Code of Corrections, intentionally using genetic marker grouping analysis information derived from a DNA sample beyond authorized uses is a Class 3 rather than a Class 4 felony. Effective immediately.
LRB096 04163 RLC 14205 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB0517 LRB096 04163 RLC 14205 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 Criminal Code of 1961 is amended by changing
Section 31-4 as follows:
(720 ILCS 5/31-4) (from Ch. 38, par. 31-4)
Sec. 31-4. Obstructing justice.
(a) A person obstructs justice when, with intent to prevent
the apprehension or obstruct the prosecution or defense of any
person, he knowingly commits any of the following acts:
(1) (a) Destroys, alters, conceals or disguises physical
evidence, plants false evidence, furnishes false information;
or
(2) (b) Induces a witness having knowledge material to the
subject at issue to leave the State or conceal himself; or
(3) (c) Possessing knowledge material to the subject at
issue, he leaves the State or conceals himself; or .
(4) Destroys, alters, conceals, disguises, or otherwise
tampers with evidence collected under Section 107-2.5 of the
Code of Criminal Procedure of 1963 or Section 5-4-3 of the
Unified Code of Corrections.
(b) (d) Sentence.
(1) Obstructing justice is a Class 4 felony, except as

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provided in paragraph (2) of this subsection (b) (d).
(2) Obstructing justice in furtherance of streetgang
related or gang-related activity, as defined in Section 10
of the Illinois Streetgang Terrorism Omnibus Prevention
Act, is a Class 3 felony. Obstructing justice in violation
of paragraph (a)(4) is a Class 3 felony.
(Source: P.A. 90-363, eff. 1-1-98.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by adding Section 107-2.5 as follows:
(725 ILCS 5/107-2.5 new)
Sec. 107-2.5. DNA fingerprinting analysis.
(a) Every person arrested for committing a felony as
defined in Section 2-7 of the Criminal Code of 1961 shall have
a sample of his or her saliva or tissue taken for DNA
fingerprinting analysis, at the time of booking, for the
purpose of determining identity and for the purposes specified
in this Section and subsection (f) of Section 5-4-3 of the
Unified Code of Corrections. Any law enforcement agency
extracting DNA samples under this Section shall be required to
follow all written rules and regulations for the collection,
storage, and processing of those samples promulgated by the
Department of State Police. The analysis shall be performed by
the Department of State Police or a specific agent approved by
the Department of State Police. The identification

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characteristics resulting from the DNA analysis shall be stored
and maintained by the Department of State Police or the
specific agent approved by the Department. All results
developed from collected DNA samples shall be subject to any
and all confidentiality provisions of State and federal laws.
The specific agent approved by the Department of State Police
to store and analyze DNA samples shall be required to meet all
Illinois State Police laboratory accreditation requirements
and shall properly forward the results of the DNA analysis to
the Department of State Police.
(b) If charges are dismissed or an individual is found not
guilty, any expungement of that person's DNA sample shall be in
accordance with the procedures set forth in Section 5 of the
Criminal Identification Act.
(c) Subject to appropriation, the Department of State
Police shall implement this Section; however, this Section
becomes operative no later than the earliest of the following:
(1) 2 years after the effective date of this amendatory Act of
the 96th General Assembly; (2) the date on which the Department
of State Police informs law enforcement agencies that the
Department is ready to collect samples; or (3) January 1, 2012.
Section 15. 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)

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Sec. 5-4-3. 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, arrested for or 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

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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;
(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

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Corrections and the Interstate Compact for Adult Offender
Supervision or the Interstate Agreements on Sexually
Dangerous Persons Act; or .
(6) arrested and is suspected of committing a felony as
defined in Section 2-7 of the Criminal Code of 1961.
Notwithstanding other provisions of this Section, any
person incarcerated in a facility of the Illinois Department of
Corrections on or after August 22, 2002 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.
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

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blood, saliva, or tissue upon request 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 samples prior to final discharge,
parole, or release at a collection site designated by the
Illinois Department of State Police.
(c-5) Any person required by paragraph (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

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State.
(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.
(c-7) Any person required by paragraph (a)(6) to provide
specimens of saliva or tissue shall be required to provide the
specimens at the booking procedure. The law enforcement officer
shall verify that the arrestee sample has not been previously
collected at each arrest.
(d) The Illinois Department of State Police shall provide
all equipment and instructions necessary for the collection of
blood samples. The collection of 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 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 samples under this Section. The collection of saliva
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

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for the purposes of this Section. The 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 samples under this Section. The collection of tissue
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 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 samples.
(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 samples.
(e) The genetic marker groupings shall be maintained by the
Illinois Department of State Police, Division of Forensic
Services.

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(f) The genetic marker grouping analysis information
obtained pursuant to this Act and the information obtained
under Section 107-2.5 of the Code of Criminal Procedure of 1963
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

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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 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.
(f-5) Any person who intentionally uses genetic marker
grouping analysis information, or any other information
derived from a DNA sample, beyond the authorized uses as
provided under this Section or under Section 107-2.5 of the
Code of Criminal Procedure of 1963, or any other Illinois law,
is guilty of a Class 3 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

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amendatory Act of the 93rd General Assembly. 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

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Illinois Department of State Police may promulgate rules for
the form and manner of the collection of blood, saliva, or
tissue 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 A misdemeanor.
(2) In the event that a person's DNA sample is not
adequate for any reason, the person shall provide another
DNA 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
sample required under this Act.
(j) Any person sentenced and required by subsection (a) 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 $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

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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

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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 Public Act 93-216 this amendatory
Act of the 93rd General Assembly is held unconstitutional or
otherwise invalid, the remainder of Public Act 93-216 this
amendatory Act of the 93rd General Assembly is not affected.
(n) If any provision of this amendatory Act of the 96th
General Assembly is held unconstitutional or otherwise
invalid, the remainder of this amendatory Act of the 96th
General Assembly is not affected.
(Source: P.A. 93-216, eff. 1-1-04; 93-605, eff. 11-19-03;

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93-781, eff. 1-1-05; 94-16, eff. 6-13-05; 94-1018, eff.
1-1-07.)
Section 99. Effective date. This Act takes effect upon
becoming law.