Bill Text: IL HB0935 | 2009-2010 | 96th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 samples 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 earlier of the following: (1) the date on which the Department of State Police informs law enforcement agencies that the Department is ready to collect samples; or (2) January 1, 2013. 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. Provides that the identification, detention, arrest, or conviction of a person based upon a database match or database information is not invalidated if it is later determined that the sample should not have been obtained or placed in the database. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2009-08-15 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB0935 Detail]
Download: Illinois-2009-HB0935-Introduced.html
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 samples 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 earlier of the following: (1) the date on which the Department of State Police informs law enforcement agencies that the Department is ready to collect samples; or (2) January 1, 2013. 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. Provides that the identification, detention, arrest, or conviction of a person based upon a database match or database information is not invalidated if it is later determined that the sample should not have been obtained or placed in the database. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2009-08-15 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB0935 Detail]
Download: Illinois-2009-HB0935-Introduced.html
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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 Criminal Code of 1961 is amended by changing | ||||||||||||||||||||||||||||
5 | Section 31-4 as follows:
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6 | (720 ILCS 5/31-4) (from Ch. 38, par. 31-4)
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7 | Sec. 31-4. Obstructing justice.
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8 | (a) A person obstructs justice when, with intent to prevent | ||||||||||||||||||||||||||||
9 | the apprehension
or obstruct the prosecution or defense of any | ||||||||||||||||||||||||||||
10 | person, he knowingly commits
any of the following acts:
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11 | (1)
(a) Destroys, alters, conceals or disguises physical | ||||||||||||||||||||||||||||
12 | evidence, plants
false evidence, furnishes false information; | ||||||||||||||||||||||||||||
13 | or
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14 | (2)
(b) Induces a witness having knowledge material to the | ||||||||||||||||||||||||||||
15 | subject at issue
to leave the State or conceal himself; or
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16 | (3)
(c) Possessing knowledge material to the subject at | ||||||||||||||||||||||||||||
17 | issue, he leaves the
State or conceals himself ; or .
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18 | (4) Destroys, alters, conceals, disguises, or otherwise | ||||||||||||||||||||||||||||
19 | tampers with samples collected under Section 107-2.5 of the | ||||||||||||||||||||||||||||
20 | Code of Criminal Procedure of 1963 or Section 5-4-3 of the | ||||||||||||||||||||||||||||
21 | Unified Code of Corrections.
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22 | (b)
(d) Sentence.
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23 | (1) Obstructing justice is a Class 4 felony, except as |
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1 | provided in
paragraph (2) of this subsection (b)
(d) .
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2 | (2) Obstructing justice in furtherance of streetgang | ||||||
3 | related or
gang-related activity, as defined in Section 10 | ||||||
4 | of the Illinois Streetgang
Terrorism Omnibus Prevention | ||||||
5 | Act, is a Class 3 felony. Obstructing justice in violation | ||||||
6 | of paragraph (a)(4) is a Class 3 felony.
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7 | (Source: P.A. 90-363, eff. 1-1-98.)
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8 | Section 10. The Code of Criminal Procedure of 1963 is | ||||||
9 | amended by adding Section 107-2.5 as follows:
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10 | (725 ILCS 5/107-2.5 new) | ||||||
11 | Sec. 107-2.5. DNA fingerprinting analysis. | ||||||
12 | (a) Every person arrested for committing a felony as | ||||||
13 | defined in Section 2-7 of the Criminal Code of 1961 shall have | ||||||
14 | a sample of his or her saliva or tissue taken for DNA | ||||||
15 | fingerprinting analysis, at the time of booking, for the | ||||||
16 | purpose of determining identity and for the purposes specified | ||||||
17 | in this Section and subsection (f) of Section 5-4-3 of the | ||||||
18 | Unified Code of Corrections. Any law enforcement agency | ||||||
19 | extracting DNA samples under this Section shall be required to | ||||||
20 | follow all written rules and regulations for the collection, | ||||||
21 | storage, and processing of those samples promulgated by the | ||||||
22 | Department of State Police. The analysis shall be performed by | ||||||
23 | the Department of State Police or a specific agent approved by | ||||||
24 | the Department of State Police. The identification |
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1 | characteristics resulting from the DNA analysis shall be stored | ||||||
2 | and maintained by the Department of State Police or the | ||||||
3 | specific agent approved by the Department. All results | ||||||
4 | developed from collected DNA samples shall be subject to any | ||||||
5 | and all confidentiality provisions of State and federal laws. | ||||||
6 | The specific agent approved by the Department of State Police | ||||||
7 | to store and analyze DNA samples shall be required to meet all | ||||||
8 | Illinois State Police laboratory accreditation requirements | ||||||
9 | and shall properly forward the results of the DNA analysis to | ||||||
10 | the Department of State Police. | ||||||
11 | (b) If charges are dismissed or an individual is found not | ||||||
12 | guilty, any expungement of that person's DNA sample shall be in | ||||||
13 | accordance with the procedures set forth in Section 5 of the | ||||||
14 | Criminal Identification Act upon notification to the | ||||||
15 | Department of State Police by the court system. | ||||||
16 | (c) Subject to appropriation, the Department of State | ||||||
17 | Police shall implement this Section no later than the earlier | ||||||
18 | of the following:
(1) the date on which the Department of State | ||||||
19 | Police informs law enforcement agencies that the Department is | ||||||
20 | ready to collect samples; or
(2) January 1, 2013.
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21 | Section 15. The Unified Code of Corrections is amended by | ||||||
22 | changing Section 5-4-3 as follows:
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23 | (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
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24 | Sec. 5-4-3. Persons convicted of, or found delinquent for, |
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1 | certain
offenses or institutionalized as sexually dangerous; | ||||||
2 | specimens;
genetic marker groups. | ||||||
3 | (a) Any person convicted of, found guilty under the | ||||||
4 | Juvenile Court Act of
1987 for, or who received a disposition | ||||||
5 | of court supervision for, a qualifying
offense or attempt of a | ||||||
6 | qualifying offense, arrested for or convicted or found guilty | ||||||
7 | of any
offense classified as a felony under Illinois law, | ||||||
8 | convicted or found guilty of any offense requiring registration | ||||||
9 | under the Sex Offender Registration Act, found guilty or given
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10 | supervision for any offense classified as a felony under the | ||||||
11 | Juvenile Court Act
of 1987, convicted or found guilty of, under | ||||||
12 | the Juvenile Court Act of 1987, any offense requiring | ||||||
13 | registration under the Sex Offender Registration Act, or | ||||||
14 | institutionalized as a sexually dangerous person under the | ||||||
15 | Sexually
Dangerous Persons Act, or committed as a sexually | ||||||
16 | violent person under the
Sexually Violent Persons Commitment | ||||||
17 | Act shall, regardless of the sentence or
disposition imposed, | ||||||
18 | be required to submit specimens of blood, saliva, or
tissue to | ||||||
19 | the Illinois Department of State Police in accordance with the
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20 | provisions of this Section, provided such person is:
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21 | (1) convicted of a qualifying offense or attempt of a | ||||||
22 | qualifying offense
on or after July 1, 1990 and sentenced | ||||||
23 | to a term of imprisonment, periodic imprisonment, fine,
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24 | probation, conditional discharge or any other form of | ||||||
25 | sentence, or given a
disposition of court supervision for | ||||||
26 | the offense;
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1 | (1.5) found guilty or given supervision under the | ||||||
2 | Juvenile Court Act of
1987 for a qualifying offense or | ||||||
3 | attempt of a qualifying offense on or after
January 1, | ||||||
4 | 1997;
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5 | (2) ordered institutionalized as a sexually dangerous | ||||||
6 | person on or after
July 1, 1990;
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7 | (3) convicted of a qualifying offense or attempt of a | ||||||
8 | qualifying offense
before July 1, 1990
and is presently | ||||||
9 | confined as a result of such conviction in any State
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10 | correctional facility or county jail or is presently | ||||||
11 | serving a sentence of
probation, conditional discharge or | ||||||
12 | periodic imprisonment as a result of such
conviction;
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13 | (3.5) convicted or found guilty of any offense | ||||||
14 | classified as a felony
under Illinois law or found guilty | ||||||
15 | or given supervision for such an offense
under the Juvenile | ||||||
16 | Court Act of 1987 on or after August 22, 2002;
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17 | (4) presently institutionalized as a sexually | ||||||
18 | dangerous person or
presently institutionalized as a | ||||||
19 | person found guilty but mentally ill of a
sexual offense or | ||||||
20 | attempt to commit a sexual offense;
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21 | (4.5) ordered committed as a sexually violent person on | ||||||
22 | or after the
effective date of the Sexually Violent Persons | ||||||
23 | Commitment Act; or
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24 | (5) seeking transfer to or residency in Illinois under | ||||||
25 | Sections 3-3-11.05
through 3-3-11.5 of the Unified Code of | ||||||
26 | Corrections and the Interstate Compact
for Adult Offender |
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1 | Supervision or the Interstate Agreements on Sexually
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2 | Dangerous Persons Act ; or
.
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3 | (6) arrested and is suspected of committing a felony as | ||||||
4 | defined in Section 2-7 of the Criminal Code of 1961 on or | ||||||
5 | after the operative date of Section 107-2.5 of the Code of | ||||||
6 | Criminal Procedure of 1963.
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7 | Notwithstanding other provisions of this Section, any | ||||||
8 | person incarcerated in
a facility of the Illinois Department of | ||||||
9 | Corrections on or after August 22,
2002 shall be required to | ||||||
10 | submit a specimen of blood, saliva, or tissue
prior to his or | ||||||
11 | her final discharge or release on parole or mandatory
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12 | supervised release, as a
condition of his or her parole or | ||||||
13 | mandatory supervised release.
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14 | Notwithstanding other provisions of this Section, any | ||||||
15 | person sentenced to life imprisonment in a facility of the | ||||||
16 | Illinois Department of Corrections after the effective date of | ||||||
17 | this amendatory Act of the 94th General Assembly or sentenced | ||||||
18 | to death after the effective date of this amendatory Act of the | ||||||
19 | 94th General Assembly shall be required to provide a specimen | ||||||
20 | of blood, saliva, or tissue within 45 days after sentencing or | ||||||
21 | disposition at a collection site designated by the Illinois | ||||||
22 | Department of State Police. Any person serving a sentence of | ||||||
23 | life imprisonment in a facility of the Illinois Department of | ||||||
24 | Corrections on the effective date of this amendatory Act of the | ||||||
25 | 94th General Assembly or any person who is under a sentence of | ||||||
26 | death on the effective date of this amendatory Act of the 94th |
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1 | General Assembly shall be required to provide a specimen of | ||||||
2 | blood, saliva, or tissue upon request at a collection site | ||||||
3 | designated by the Illinois Department of State Police.
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4 | (a-5) Any person who was otherwise convicted of or received | ||||||
5 | a disposition
of court supervision for any other offense under | ||||||
6 | the Criminal Code of 1961 or
who was found guilty or given | ||||||
7 | supervision for such a violation under the
Juvenile Court Act | ||||||
8 | of 1987, may, regardless of the sentence imposed, be
required | ||||||
9 | by an order of the court to submit specimens of blood, saliva, | ||||||
10 | or
tissue to the Illinois Department of State Police in | ||||||
11 | accordance with the
provisions of this Section.
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12 | (b) Any person required by paragraphs (a)(1), (a)(1.5), | ||||||
13 | (a)(2), (a)(3.5),
and (a-5) to provide specimens of blood, | ||||||
14 | saliva, or tissue shall provide
specimens of blood, saliva, or | ||||||
15 | tissue within 45 days after sentencing or
disposition at a | ||||||
16 | collection site designated by the Illinois Department of
State | ||||||
17 | Police.
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18 | (c) Any person required by paragraphs (a)(3), (a)(4), and | ||||||
19 | (a)(4.5) to
provide specimens of blood, saliva, or tissue shall | ||||||
20 | be required to provide
such samples prior to final discharge, | ||||||
21 | parole, or release at a collection
site designated by the | ||||||
22 | Illinois Department of State Police.
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23 | (c-5) Any person required by paragraph (a)(5) to provide | ||||||
24 | specimens of
blood, saliva, or tissue shall, where feasible, be | ||||||
25 | required to provide the
specimens before being accepted for | ||||||
26 | conditioned residency in Illinois under
the interstate compact |
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1 | or agreement, but no later than 45 days after arrival
in this | ||||||
2 | State.
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3 | (c-6) The Illinois Department of State Police may determine | ||||||
4 | which type of
specimen or specimens, blood, saliva, or tissue, | ||||||
5 | is acceptable for submission
to the Division of Forensic | ||||||
6 | Services for analysis.
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7 | (c-7) Any person required by paragraph (a)(6) to provide | ||||||
8 | specimens of saliva or tissue shall be required to provide the | ||||||
9 | specimens at the booking procedure. The law enforcement officer | ||||||
10 | shall verify at each arrest that the arrestee sample is not | ||||||
11 | already on file with the Department of State Police.
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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 samples.
The collection of samples shall be performed in | ||||||
15 | 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 samples
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 samples under this Section . The
collection of saliva | ||||||
25 | samples shall be performed in a medically approved manner.
Only | ||||||
26 | a person trained in the instructions promulgated by the |
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1 | Illinois State
Police on collecting saliva may collect saliva | ||||||
2 | for the purposes of this
Section. The samples shall thereafter | ||||||
3 | be forwarded to the Illinois Department
of State Police, | ||||||
4 | Division of Forensic Services, for analysis and categorizing
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5 | into genetic marker 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 samples under this Section . The
collection of tissue | ||||||
9 | samples shall be performed in a medically approved
manner. Only | ||||||
10 | a person trained in the instructions promulgated by the | ||||||
11 | Illinois
State Police on collecting tissue may collect tissue | ||||||
12 | for the purposes of this
Section. The samples shall thereafter | ||||||
13 | be forwarded to the Illinois Department
of State Police, | ||||||
14 | Division of Forensic Services, for analysis and categorizing
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15 | into genetic marker 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 samples.
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20 | (d-6) Agencies designated by the Illinois Department of | ||||||
21 | State Police and
the Illinois Department of State Police may | ||||||
22 | contract with third parties to
provide for the collection or | ||||||
23 | analysis of DNA, or both, of an offender's blood,
saliva, and | ||||||
24 | tissue samples.
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25 | (e) The genetic marker groupings shall be maintained by the | ||||||
26 | Illinois
Department of State Police, Division of Forensic |
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1 | Services.
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2 | (f) The genetic marker grouping analysis information | ||||||
3 | obtained pursuant
to this Act and the information obtained | ||||||
4 | under Section 107-2.5 of the Code of Criminal Procedure of 1963
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5 | shall be confidential and shall be released only to peace
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6 | officers of the United States, of other states or territories, | ||||||
7 | of the
insular possessions of the United States, of foreign | ||||||
8 | countries duly
authorized to receive the same, to all peace | ||||||
9 | officers of the State of
Illinois and to all prosecutorial | ||||||
10 | agencies, and to defense counsel as
provided by Section 116-5 | ||||||
11 | of the Code of Criminal Procedure of 1963.
The genetic marker | ||||||
12 | grouping analysis information obtained pursuant to
this Act | ||||||
13 | shall be used only for (i) valid law enforcement identification
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14 | purposes and as required by the Federal Bureau of Investigation | ||||||
15 | for
participation in the National DNA database, (ii) technology
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16 | validation
purposes, (iii) a population statistics database, | ||||||
17 | (iv) quality
assurance
purposes if personally identifying | ||||||
18 | information is removed,
(v) assisting in the defense of the | ||||||
19 | criminally accused pursuant
to
Section 116-5 of the Code of | ||||||
20 | Criminal Procedure of 1963, or (vi) identifying and assisting | ||||||
21 | in the prosecution of a person who is suspected of committing a | ||||||
22 | sexual assault as defined in Section 1a of the Sexual Assault | ||||||
23 | Survivors Emergency Treatment Act. Having established the | ||||||
24 | State DNA identification index, a match between casework | ||||||
25 | evidence DNA samples from a criminal investigation and DNA | ||||||
26 | samples from a State or federal DNA database of eligible |
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1 | offenders may be used only to sustain probable cause for the | ||||||
2 | issuance of a warrant to obtain the DNA sample from an eligible | ||||||
3 | offender for confirmation. The identification, detention, | ||||||
4 | arrest, or conviction of a person based upon a database match | ||||||
5 | or database information is not invalidated if it is later | ||||||
6 | determined that the sample should not have been obtained or | ||||||
7 | placed in the database. Notwithstanding
any other statutory | ||||||
8 | provision to the contrary,
all information obtained under this | ||||||
9 | Section shall be maintained in a single
State data base, which | ||||||
10 | may be uploaded into a national database, and which
information | ||||||
11 | may be subject to expungement only as set forth in subsection
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12 | (f-1).
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13 | (f-1) Upon receipt of a certified copy of a final court | ||||||
14 | order for notification of a reversal of each a conviction based | ||||||
15 | on
actual innocence , if that document specifically states the | ||||||
16 | reason for the reversal is the actual innocence of an | ||||||
17 | individual , or of the granting of a pardon pursuant to Section | ||||||
18 | 12 of
Article V of the Illinois Constitution, if that pardon | ||||||
19 | document specifically
states that the reason for the pardon is | ||||||
20 | the actual innocence of an individual
whose DNA record has been | ||||||
21 | stored in the State or national DNA identification
index in | ||||||
22 | accordance with this Section by the Illinois Department of | ||||||
23 | State
Police, the DNA record for that conviction shall be | ||||||
24 | expunged from the DNA identification index, and
the Department | ||||||
25 | shall by rule prescribe procedures to ensure that the record | ||||||
26 | and
any samples, analyses, or other documents relating to such |
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1 | record, whether in
the possession or control of the Department | ||||||
2 | or any law enforcement or police agency, or
any forensic DNA | ||||||
3 | laboratory, including any duplicates or copies thereof, are
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4 | destroyed and a letter is sent to the court verifying the | ||||||
5 | expungement is
completed.
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6 | Upon receipt of a certified copy of a final court order for | ||||||
7 | each charge against an individual, whose DNA record has been | ||||||
8 | stored in the State or national DNA identification index in | ||||||
9 | accordance with this Section by the Illinois Department of | ||||||
10 | State Police, establishing that such a charge has been | ||||||
11 | dismissed or resulted in acquittal or that no charge was filed | ||||||
12 | within the applicable time period, the DNA record for that | ||||||
13 | arrest shall be expunged from the DNA identification index, and | ||||||
14 | the Department shall by rule prescribe procedures to ensure | ||||||
15 | that the record and any samples, analyses, or other documents | ||||||
16 | relating to such records, in the possession or control of the | ||||||
17 | Department are destroyed and a letter is sent to the court | ||||||
18 | verifying the expungement is completed. | ||||||
19 | (f-5) Any person who intentionally uses genetic marker | ||||||
20 | grouping analysis
information, or any other information | ||||||
21 | derived from a DNA sample, beyond the
authorized uses as | ||||||
22 | provided under this Section or under Section 107-2.5 of the | ||||||
23 | Code of Criminal Procedure of 1963 , or any other Illinois law, | ||||||
24 | is
guilty of a Class 3
4 felony, and shall be subject to a fine | ||||||
25 | of not less than
$5,000.
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26 | (f-6) The Illinois Department of State Police may contract |
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1 | with third
parties for the purposes of implementing this | ||||||
2 | amendatory Act of the 93rd
General Assembly. Any other party | ||||||
3 | contracting to carry out the functions of
this Section shall be | ||||||
4 | subject to the same restrictions and requirements of this
| ||||||
5 | Section insofar as applicable, as the Illinois Department of | ||||||
6 | State Police, and
to any additional restrictions imposed by the | ||||||
7 | Illinois Department of State
Police.
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8 | (g) For the purposes of this Section, "qualifying offense" | ||||||
9 | means any of
the following:
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10 | (1) any violation or inchoate violation of Section | ||||||
11 | 11-6, 11-9.1, 11-11,
11-18.1, 12-15, or 12-16 of the | ||||||
12 | Criminal Code of 1961;
| ||||||
13 | (1.1) any violation or inchoate violation of Section | ||||||
14 | 9-1, 9-2, 10-1,
10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, | ||||||
15 | 18-4, 19-1, or 19-2 of the Criminal
Code of 1961 for which | ||||||
16 | persons are convicted on or after July 1, 2001;
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17 | (2) any former statute of this State which defined a | ||||||
18 | felony sexual
offense;
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19 | (3) (blank);
| ||||||
20 | (4) any inchoate violation of Section 9-3.1, 11-9.3, | ||||||
21 | 12-7.3, or 12-7.4 of
the Criminal Code of 1961; or
| ||||||
22 | (5) any violation or inchoate violation of Article 29D | ||||||
23 | of the Criminal
Code of 1961.
| ||||||
24 | (g-5) (Blank).
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25 | (h) The Illinois Department of State Police shall be the | ||||||
26 | State central
repository for all genetic marker grouping |
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| |||||||
1 | analysis information obtained
pursuant to this Act. The | ||||||
2 | Illinois Department of State Police may
promulgate rules for | ||||||
3 | the form and manner of the collection of blood, saliva,
or | ||||||
4 | tissue samples and other procedures for the operation of this | ||||||
5 | Act. The
provisions of the Administrative Review Law shall | ||||||
6 | apply to all actions taken
under the rules so promulgated.
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7 | (i) (1) A person required to provide a blood, saliva, or | ||||||
8 | tissue specimen
shall
cooperate with the collection of the | ||||||
9 | specimen and any deliberate act by
that person intended to | ||||||
10 | impede, delay or stop the collection of the blood,
saliva, | ||||||
11 | or tissue specimen is a Class A misdemeanor.
| ||||||
12 | (2) In the event that a person's DNA sample is not | ||||||
13 | adequate for any
reason, the person shall provide another | ||||||
14 | DNA sample for analysis. Duly
authorized law
enforcement | ||||||
15 | and corrections personnel may employ reasonable force in | ||||||
16 | cases in
which an individual refuses to provide a DNA | ||||||
17 | sample required under this
Act.
| ||||||
18 | (j) Any person sentenced and required by subsection (a) to | ||||||
19 | submit specimens of blood,
saliva, or tissue to
the Illinois | ||||||
20 | Department of State Police for analysis and categorization into
| ||||||
21 | genetic marker grouping, in addition to any other disposition, | ||||||
22 | penalty, or
fine imposed, shall pay an analysis fee of $200. If | ||||||
23 | the analysis fee is not
paid at the time of sentencing, the | ||||||
24 | court shall establish a fee schedule by
which the entire amount | ||||||
25 | of the analysis fee shall be paid in full, such
schedule not to | ||||||
26 | exceed 24 months from the time of conviction. The inability to
|
| |||||||
| |||||||
1 | pay this analysis fee shall not be the sole ground to | ||||||
2 | incarcerate the person.
| ||||||
3 | (k) All analysis and categorization fees provided for by | ||||||
4 | subsection (j)
shall be regulated as follows:
| ||||||
5 | (1) The State Offender DNA Identification System Fund | ||||||
6 | is hereby created as
a special fund in the State Treasury.
| ||||||
7 | (2) All fees shall be collected by the clerk of the | ||||||
8 | court and forwarded to
the State Offender DNA | ||||||
9 | Identification System Fund for deposit. The
clerk of the | ||||||
10 | circuit court may retain the amount of $10 from each | ||||||
11 | collected
analysis fee to offset administrative costs | ||||||
12 | incurred in carrying out the
clerk's responsibilities | ||||||
13 | under this Section.
| ||||||
14 | (3) Fees deposited into the State Offender DNA | ||||||
15 | Identification System Fund
shall be used by Illinois State | ||||||
16 | Police crime laboratories as designated by the
Director of | ||||||
17 | State Police. These funds shall be in addition to any | ||||||
18 | allocations
made pursuant to existing laws and shall be | ||||||
19 | designated for the exclusive use of
State crime | ||||||
20 | laboratories. These uses may include, but are not limited | ||||||
21 | to, the
following:
| ||||||
22 | (A) Costs incurred in providing analysis and | ||||||
23 | genetic marker
categorization as required by | ||||||
24 | subsection (d).
| ||||||
25 | (B) Costs incurred in maintaining genetic marker | ||||||
26 | groupings as required
by subsection (e).
|
| |||||||
| |||||||
1 | (C) Costs incurred in the purchase and maintenance | ||||||
2 | of equipment for use
in performing analyses.
| ||||||
3 | (D) Costs incurred in continuing research and | ||||||
4 | development of new
techniques for analysis and genetic | ||||||
5 | marker categorization.
| ||||||
6 | (E) Costs incurred in continuing education, | ||||||
7 | training, and professional
development of forensic | ||||||
8 | scientists regularly employed by these laboratories.
| ||||||
9 | (l) The failure of a person to provide a specimen, or of | ||||||
10 | any person or
agency to collect a specimen, within the 45 day | ||||||
11 | period shall in no way alter
the obligation of the person to | ||||||
12 | submit such specimen, or the authority of the
Illinois | ||||||
13 | Department of State Police or persons designated by the | ||||||
14 | Department to
collect the specimen, or the authority of the | ||||||
15 | Illinois Department of State
Police to accept, analyze and | ||||||
16 | maintain the specimen or to maintain or upload
results of | ||||||
17 | genetic marker grouping analysis information into a State or
| ||||||
18 | national database.
| ||||||
19 | (m) If any provision of Public Act 93-216 this amendatory | ||||||
20 | Act of the 93rd General Assembly
is
held unconstitutional or | ||||||
21 | otherwise invalid, the remainder of Public Act 93-216 this | ||||||
22 | amendatory
Act
of the 93rd General Assembly is not affected.
| ||||||
23 | (n) If any provision of this amendatory Act of the 96th | ||||||
24 | General Assembly
is
held unconstitutional or otherwise | ||||||
25 | invalid, the remainder of this amendatory
Act
of the 96th | ||||||
26 | General Assembly is not affected. |
| |||||||
| |||||||
1 | (Source: P.A. 93-216, eff. 1-1-04; 93-605, eff. 11-19-03; | ||||||
2 | 93-781, eff. 1-1-05; 94-16, eff. 6-13-05; 94-1018, eff. | ||||||
3 | 1-1-07.)
| ||||||
4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.
|