Illinois 2023-2024 Regular Session

Illinois House Bill HB1088 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1088 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: 210 ILCS 85/6.34 new725 ILCS 5/103-10 new 730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3 730 ILCS 150/8 from Ch. 38, par. 228 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 Illinois 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. LRB103 04848 RLC 49858 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1088 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: 210 ILCS 85/6.34 new725 ILCS 5/103-10 new 730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3 730 ILCS 150/8 from Ch. 38, par. 228 210 ILCS 85/6.34 new 725 ILCS 5/103-10 new 730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3 730 ILCS 150/8 from Ch. 38, par. 228 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 Illinois 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. LRB103 04848 RLC 49858 b LRB103 04848 RLC 49858 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1088 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
3	3	210 ILCS 85/6.34 new725 ILCS 5/103-10 new 730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3 730 ILCS 150/8 from Ch. 38, par. 228 210 ILCS 85/6.34 new 725 ILCS 5/103-10 new 730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3 730 ILCS 150/8 from Ch. 38, par. 228
4	4	210 ILCS 85/6.34 new
5	5	725 ILCS 5/103-10 new
6	6	730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3
7	7	730 ILCS 150/8 from Ch. 38, par. 228
8	8	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 Illinois 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.
9	9	LRB103 04848 RLC 49858 b LRB103 04848 RLC 49858 b
10	10	LRB103 04848 RLC 49858 b
11	11	A BILL FOR
12	12	HB1088LRB103 04848 RLC 49858 b HB1088 LRB103 04848 RLC 49858 b
13	13	HB1088 LRB103 04848 RLC 49858 b
14	14	1 AN ACT concerning criminal law.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Hospital Licensing Act is amended by adding
18	18	5 Section 6.34 as follows:
19	19	6 (210 ILCS 85/6.34 new)
20	20	7 Sec. 6.34. Designation of patient-care areas; peace
21	21	8 officers prohibited; interaction with nurses prohibited.
22	22	9 (a) In this Section:
23	23	10 "Hospital" includes an ambulatory surgical treatment
24	24	11 center licensed under the Ambulatory Surgical Treatment Center
25	25	12 Act and a hospital operated by the State, a unit of local
26	26	13 government, or college or university whether public or
27	27	14 private.
28	28	15 "Law enforcement officer" means any person employed by the
29	29	16 State, a county, or a municipality as a policeman, peace
30	30	17 officer, auxiliary policeman, or correctional officer or in
31	31	18 some like position involving the enforcement of the law and
32	32	19 protection of the public interest at the risk of that person's
33	33	20 life.
34	34	21 "Peace officer" has the meaning ascribed to it in Section
35	35	22 2-13 of the Criminal Code of 2012 and includes a law
36	36	23 enforcement officer.
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40	40	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1088 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
41	41	210 ILCS 85/6.34 new725 ILCS 5/103-10 new 730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3 730 ILCS 150/8 from Ch. 38, par. 228 210 ILCS 85/6.34 new 725 ILCS 5/103-10 new 730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3 730 ILCS 150/8 from Ch. 38, par. 228
42	42	210 ILCS 85/6.34 new
43	43	725 ILCS 5/103-10 new
44	44	730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3
45	45	730 ILCS 150/8 from Ch. 38, par. 228
46	46	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 Illinois 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.
47	47	LRB103 04848 RLC 49858 b LRB103 04848 RLC 49858 b
48	48	LRB103 04848 RLC 49858 b
49	49	A BILL FOR
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55	55	210 ILCS 85/6.34 new
56	56	725 ILCS 5/103-10 new
57	57	730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3
58	58	730 ILCS 150/8 from Ch. 38, par. 228
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77	77	1 (b) Each hospital licensed under this Act shall designate
78	78	2 patient-care areas under rules adopted by the Department of
79	79	3 Public Health. These areas shall include examination and
80	80	4 operating rooms and out-patient care areas of the hospital.
81	81	5 (c) Each hospital licensed under this Act shall post a
82	82	6 sign of a type and size specified by the Department of Public
83	83	7 Health in a conspicuous place at the entrance of each
84	84	8 patient-care area of the hospital stating that peace officers
85	85	9 may not enter the area without the knowing consent of the
86	86	10 health supervisor or a valid search warrant.
87	87	11 (d) Each hospital shall designate one of its staff as a
88	88	12 health supervisor. The health supervisor shall be the person
89	89	13 designated by the hospital to communicate and interact with
90	90	14 peace officers including about the treatment and care being
91	91	15 provided at the hospital to a person in the peace officer's
92	92	16 custody who is being treated at the hospital. The health
93	93	17 supervisor shall be a hospital administrator or other person
94	94	18 in charge of supervising nurses at the hospital but who is not
95	95	19 providing treatment to patients.
96	96	20 Section 10. The Code of Criminal Procedure of 1963 is
97	97	21 amended by adding Section 103-10 as follows:
98	98	22 (725 ILCS 5/103-10 new)
99	99	23 Sec. 103-10. Patient-care areas of hospitals; peace
100	100	24 officers prohibited.
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111	111	1 (a) In this Section:
112	112	2 "Law enforcement officer" means any person employed by the
113	113	3 State, a county, or a municipality as a policeman, peace
114	114	4 officer, auxiliary policeman, or correctional officer or in
115	115	5 some like position involving the enforcement of the law and
116	116	6 protection of the public interest at the risk of that person's
117	117	7 life.
118	118	8 "Peace officer" has the meaning ascribed to it in Section
119	119	9 2-13 of the Criminal Code of 2012 and includes a law
120	120	10 enforcement officer.
121	121	11 (b) A peace officer is prohibited from entering a
122	122	12 patient-care area of a hospital designated under Section 6.34
123	123	13 of the Hospital Licensing Act without the knowing consent of
124	124	14 the health supervisor designated by the hospital under Section
125	125	15 6.34 of the Hospital Licensing Act or a valid search warrant.
126	126	16 (c) A peace officer may not communicate or otherwise
127	127	17 interact with a nurse licensed under the Nurse Practice Act
128	128	18 who is providing care for a person in the peace officer's
129	129	19 custody. The peace officer may only communicate or otherwise
130	130	20 interact with a health supervisor designated by the hospital
131	131	21 under Section 6.34 of the Hospital Licensing Act.
132	132	22 Section 15. The Unified Code of Corrections is amended by
133	133	23 changing Section 5-4-3 as follows:
134	134	24 (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
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145	145	1 Sec. 5-4-3. Specimens; genetic marker groups.
146	146	2 (a) Any person convicted of, found guilty under the
147	147	3 Juvenile Court Act of 1987 for, or who received a disposition
148	148	4 of court supervision for, a qualifying offense or attempt of a
149	149	5 qualifying offense, convicted or found guilty of any offense
150	150	6 classified as a felony under Illinois law, convicted or found
151	151	7 guilty of any offense requiring registration under the Sex
152	152	8 Offender Registration Act, found guilty or given supervision
153	153	9 for any offense classified as a felony under the Juvenile
154	154	10 Court Act of 1987, convicted or found guilty of, under the
155	155	11 Juvenile Court Act of 1987, any offense requiring registration
156	156	12 under the Sex Offender Registration Act, or institutionalized
157	157	13 as a sexually dangerous person under the Sexually Dangerous
158	158	14 Persons Act, or committed as a sexually violent person under
159	159	15 the Sexually Violent Persons Commitment Act shall, regardless
160	160	16 of the sentence or disposition imposed, be required to submit
161	161	17 specimens of blood, saliva, or tissue to the Illinois State
162	162	18 Police in accordance with the provisions of this Section,
163	163	19 provided such person is:
164	164	20 (1) convicted of a qualifying offense or attempt of a
165	165	21 qualifying offense on or after July 1, 1990 and sentenced
166	166	22 to a term of imprisonment, periodic imprisonment, fine,
167	167	23 probation, conditional discharge or any other form of
168	168	24 sentence, or given a disposition of court supervision for
169	169	25 the offense;
170	170	26 (1.5) found guilty or given supervision under the
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181	181	1 Juvenile Court Act of 1987 for a qualifying offense or
182	182	2 attempt of a qualifying offense on or after January 1,
183	183	3 1997;
184	184	4 (2) ordered institutionalized as a sexually dangerous
185	185	5 person on or after July 1, 1990;
186	186	6 (3) convicted of a qualifying offense or attempt of a
187	187	7 qualifying offense before July 1, 1990 and is presently
188	188	8 confined as a result of such conviction in any State
189	189	9 correctional facility or county jail or is presently
190	190	10 serving a sentence of probation, conditional discharge or
191	191	11 periodic imprisonment as a result of such conviction;
192	192	12 (3.5) convicted or found guilty of any offense
193	193	13 classified as a felony under Illinois law or found guilty
194	194	14 or given supervision for such an offense under the
195	195	15 Juvenile Court Act of 1987 on or after August 22, 2002;
196	196	16 (4) presently institutionalized as a sexually
197	197	17 dangerous person or presently institutionalized as a
198	198	18 person found guilty but mentally ill of a sexual offense
199	199	19 or attempt to commit a sexual offense; or
200	200	20 (4.5) ordered committed as a sexually violent person
201	201	21 on or after the effective date of the Sexually Violent
202	202	22 Persons Commitment Act.
203	203	23 (a-1) Any person incarcerated in a facility of the
204	204	24 Illinois Department of Corrections or the Illinois Department
205	205	25 of Juvenile Justice on or after August 22, 2002, whether for a
206	206	26 term of years, natural life, or a sentence of death, who has
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217	217	1 not yet submitted a specimen of blood, saliva, or tissue shall
218	218	2 be required to submit a specimen of blood, saliva, or tissue
219	219	3 prior to his or her final discharge, or release on parole,
220	220	4 aftercare release, or mandatory supervised release, as a
221	221	5 condition of his or her parole, aftercare release, or
222	222	6 mandatory supervised release, or within 6 months from August
223	223	7 13, 2009 (the effective date of Public Act 96-426), whichever
224	224	8 is sooner. A person incarcerated on or after August 13, 2009
225	225	9 (the effective date of Public Act 96-426) shall be required to
226	226	10 submit a specimen within 45 days of incarceration, or prior to
227	227	11 his or her final discharge, or release on parole, aftercare
228	228	12 release, or mandatory supervised release, as a condition of
229	229	13 his or her parole, aftercare release, or mandatory supervised
230	230	14 release, whichever is sooner. These specimens shall be placed
231	231	15 into the State or national DNA database, to be used in
232	232	16 accordance with other provisions of this Section, by the
233	233	17 Illinois State Police.
234	234	18 (a-2) Any person sentenced to life imprisonment in a
235	235	19 facility of the Illinois Department of Corrections after the
236	236	20 effective date of this amendatory Act of the 94th General
237	237	21 Assembly or sentenced to death after the effective date of
238	238	22 this amendatory Act of the 94th General Assembly shall be
239	239	23 required to provide a specimen of blood, saliva, or tissue
240	240	24 within 45 days after sentencing or disposition at a collection
241	241	25 site designated by the Illinois State Police. Any person
242	242	26 serving a sentence of life imprisonment in a facility of the
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253	253	1 Illinois Department of Corrections on the effective date of
254	254	2 this amendatory Act of the 94th General Assembly or any person
255	255	3 who is under a sentence of death on the effective date of this
256	256	4 amendatory Act of the 94th General Assembly shall be required
257	257	5 to provide a specimen of blood, saliva, or tissue upon request
258	258	6 at a collection site designated by the Illinois State Police.
259	259	7 (a-3) Any person seeking transfer to or residency in
260	260	8 Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
261	261	9 Code, the Interstate Compact for Adult Offender Supervision,
262	262	10 or the Interstate Agreements on Sexually Dangerous Persons Act
263	263	11 shall be required to provide a specimen of blood, saliva, or
264	264	12 tissue within 45 days after transfer to or residency in
265	265	13 Illinois at a collection site designated by the Illinois State
266	266	14 Police.
267	267	15 (a-3.1) Any person required by an order of the court to
268	268	16 submit a DNA specimen shall be required to provide a specimen
269	269	17 of blood, saliva, or tissue within 45 days after the court
270	270	18 order at a collection site designated by the Illinois State
271	271	19 Police.
272	272	20 (a-3.2) (Blank). On or after January 1, 2012 (the
273	273	21 effective date of Public Act 97-383), any person arrested for
274	274	22 any of the following offenses, after an indictment has been
275	275	23 returned by a grand jury, or following a hearing pursuant to
276	276	24 Section 109-3 of the Code of Criminal Procedure of 1963 and a
277	277	25 judge finds there is probable cause to believe the arrestee
278	278	26 has committed one of the designated offenses, or an arrestee
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289	289	1 has waived a preliminary hearing shall be required to provide
290	290	2 a specimen of blood, saliva, or tissue within 14 days after
291	291	3 such indictment or hearing at a collection site designated by
292	292	4 the Illinois State Police:
293	293	5 (A) first degree murder;
294	294	6 (B) home invasion;
295	295	7 (C) predatory criminal sexual assault of a child;
296	296	8 (D) aggravated criminal sexual assault; or
297	297	9 (E) criminal sexual assault.
298	298	10 (a-3.3) (Blank). Any person required to register as a sex
299	299	11 offender under the Sex Offender Registration Act, regardless
300	300	12 of the date of conviction as set forth in subsection (c-5.2)
301	301	13 shall be required to provide a specimen of blood, saliva, or
302	302	14 tissue within the time period prescribed in subsection (c-5.2)
303	303	15 at a collection site designated by the Illinois State Police.
304	304	16 (a-5) Any person who was otherwise convicted of or
305	305	17 received a disposition of court supervision for any other
306	306	18 offense under the Criminal Code of 1961 or the Criminal Code of
307	307	19 2012 or who was found guilty or given supervision for such a
308	308	20 violation under the Juvenile Court Act of 1987, may,
309	309	21 regardless of the sentence imposed, be required by an order of
310	310	22 the court to submit specimens of blood, saliva, or tissue to
311	311	23 the Illinois State Police in accordance with the provisions of
312	312	24 this Section.
313	313	25 (b) Any person required by paragraphs (a)(1), (a)(1.5),
314	314	26 (a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
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325	325	1 saliva, or tissue shall provide specimens of blood, saliva, or
326	326	2 tissue within 45 days after sentencing or disposition at a
327	327	3 collection site designated by the Illinois State Police.
328	328	4 (c) Any person required by paragraphs (a)(3), (a)(4), and
329	329	5 (a)(4.5) to provide specimens of blood, saliva, or tissue
330	330	6 shall be required to provide such specimens prior to final
331	331	7 discharge or within 6 months from August 13, 2009 (the
332	332	8 effective date of Public Act 96-426), whichever is sooner.
333	333	9 These specimens shall be placed into the State or national DNA
334	334	10 database, to be used in accordance with other provisions of
335	335	11 this Act, by the Illinois State Police.
336	336	12 (c-5) Any person required by paragraph (a-3) to provide
337	337	13 specimens of blood, saliva, or tissue shall, where feasible,
338	338	14 be required to provide the specimens before being accepted for
339	339	15 conditioned residency in Illinois under the interstate compact
340	340	16 or agreement, but no later than 45 days after arrival in this
341	341	17 State.
342	342	18 (c-5.2) (Blank). Unless it is determined that a registered
343	343	19 sex offender has previously submitted a specimen of blood,
344	344	20 saliva, or tissue that has been placed into the State DNA
345	345	21 database, a person registering as a sex offender shall be
346	346	22 required to submit a specimen at the time of his or her initial
347	347	23 registration pursuant to the Sex Offender Registration Act or,
348	348	24 for a person registered as a sex offender on or prior to
349	349	25 January 1, 2012 (the effective date of Public Act 97-383),
350	350	26 within one year of January 1, 2012 (the effective date of
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361	361	1 Public Act 97-383) or at the time of his or her next required
362	362	2 registration.
363	363	3 (c-6) The Illinois State Police may determine which type
364	364	4 of specimen or specimens, blood, saliva, or tissue, is
365	365	5 acceptable for submission to the Division of Forensic Services
366	366	6 for analysis. The Illinois State Police may require the
367	367	7 submission of fingerprints from anyone required to give a
368	368	8 specimen under this Act.
369	369	9 (d) The Illinois State Police shall provide all equipment
370	370	10 and instructions necessary for the collection of blood
371	371	11 specimens. The collection of specimens shall be performed in a
372	372	12 medically approved manner. Only a physician authorized to
373	373	13 practice medicine, a registered nurse or other qualified
374	374	14 person trained in venipuncture may withdraw blood for the
375	375	15 purposes of this Act. The specimens shall thereafter be
376	376	16 forwarded to the Illinois State Police, Division of Forensic
377	377	17 Services, for analysis and categorizing into genetic marker
378	378	18 groupings.
379	379	19 (d-1) The Illinois State Police shall provide all
380	380	20 equipment and instructions necessary for the collection of
381	381	21 saliva specimens. The collection of saliva specimens shall be
382	382	22 performed in a medically approved manner. Only a person
383	383	23 trained in the instructions promulgated by the Illinois State
384	384	24 Police on collecting saliva may collect saliva for the
385	385	25 purposes of this Section. The specimens shall thereafter be
386	386	26 forwarded to the Illinois State Police, Division of Forensic
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397	397	1 Services, for analysis and categorizing into genetic marker
398	398	2 groupings.
399	399	3 (d-2) The Illinois State Police shall provide all
400	400	4 equipment and instructions necessary for the collection of
401	401	5 tissue specimens. The collection of tissue specimens shall be
402	402	6 performed in a medically approved manner. Only a person
403	403	7 trained in the instructions promulgated by the Illinois State
404	404	8 Police on collecting tissue may collect tissue for the
405	405	9 purposes of this Section. The specimens shall thereafter be
406	406	10 forwarded to the Illinois State Police, Division of Forensic
407	407	11 Services, for analysis and categorizing into genetic marker
408	408	12 groupings.
409	409	13 (d-5) To the extent that funds are available, the Illinois
410	410	14 State Police shall contract with qualified personnel and
411	411	15 certified laboratories for the collection, analysis, and
412	412	16 categorization of known specimens, except as provided in
413	413	17 subsection (n) of this Section.
414	414	18 (d-6) Agencies designated by the Illinois State Police and
415	415	19 the Illinois State Police may contract with third parties to
416	416	20 provide for the collection or analysis of DNA, or both, of an
417	417	21 offender's blood, saliva, and tissue specimens, except as
418	418	22 provided in subsection (n) of this Section.
419	419	23 (e) The genetic marker groupings shall be maintained by
420	420	24 the Illinois State Police, Division of Forensic Services.
421	421	25 (f) The genetic marker grouping analysis information
422	422	26 obtained pursuant to this Act shall be confidential and shall
423	423
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433	433	1 be released only to peace officers of the United States, of
434	434	2 other states or territories, of the insular possessions of the
435	435	3 United States, of foreign countries duly authorized to receive
436	436	4 the same, to all peace officers of the State of Illinois and to
437	437	5 all prosecutorial agencies, and to defense counsel as provided
438	438	6 by Section 116-5 of the Code of Criminal Procedure of 1963. The
439	439	7 genetic marker grouping analysis information obtained pursuant
440	440	8 to this Act shall be used only for (i) valid law enforcement
441	441	9 identification purposes and as required by the Federal Bureau
442	442	10 of Investigation for participation in the National DNA
443	443	11 database, (ii) technology validation purposes, (iii) a
444	444	12 population statistics database, (iv) quality assurance
445	445	13 purposes if personally identifying information is removed, (v)
446	446	14 assisting in the defense of the criminally accused pursuant to
447	447	15 Section 116-5 of the Code of Criminal Procedure of 1963, or
448	448	16 (vi) identifying and assisting in the prosecution of a person
449	449	17 who is suspected of committing a sexual assault as defined in
450	450	18 Section 1a of the Sexual Assault Survivors Emergency Treatment
451	451	19 Act. Notwithstanding any other statutory provision to the
452	452	20 contrary, all information obtained under this Section shall be
453	453	21 maintained in a single State data base, which may be uploaded
454	454	22 into a national database, and which information may be subject
455	455	23 to expungement only as set forth in subsection (f-1).
456	456	24 (f-1) Upon receipt of notification of a reversal of a
457	457	25 conviction based on actual innocence, or of the granting of a
458	458	26 pardon pursuant to Section 12 of Article V of the Illinois
459	459
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469	469	1 Constitution, if that pardon document specifically states that
470	470	2 the reason for the pardon is the actual innocence of an
471	471	3 individual whose DNA record has been stored in the State or
472	472	4 national DNA identification index in accordance with this
473	473	5 Section by the Illinois State Police, the DNA record shall be
474	474	6 expunged from the DNA identification index, and the Department
475	475	7 shall by rule prescribe procedures to ensure that the record
476	476	8 and any specimens, analyses, or other documents relating to
477	477	9 such record, whether in the possession of the Department or
478	478	10 any law enforcement or police agency, or any forensic DNA
479	479	11 laboratory, including any duplicates or copies thereof, are
480	480	12 destroyed and a letter is sent to the court verifying the
481	481	13 expungement is completed. For specimens required to be
482	482	14 collected prior to conviction, unless the individual has other
483	483	15 charges or convictions that require submission of a specimen,
484	484	16 the DNA record for an individual shall be expunged from the DNA
485	485	17 identification databases and the specimen destroyed upon
486	486	18 receipt of a certified copy of a final court order for each
487	487	19 charge against an individual in which the charge has been
488	488	20 dismissed, resulted in acquittal, or that the charge was not
489	489	21 filed within the applicable time period. The Department shall
490	490	22 by rule prescribe procedures to ensure that the record and any
491	491	23 specimens in the possession or control of the Department are
492	492	24 destroyed and a letter is sent to the court verifying the
493	493	25 expungement is completed.
494	494	26 (f-5) Any person who intentionally uses genetic marker
495	495
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505	505	1 grouping analysis information, or any other information
506	506	2 derived from a DNA specimen, beyond the authorized uses as
507	507	3 provided under this Section, or any other Illinois law, is
508	508	4 guilty of a Class 4 felony, and shall be subject to a fine of
509	509	5 not less than $5,000.
510	510	6 (f-6) The Illinois State Police may contract with third
511	511	7 parties for the purposes of implementing this amendatory Act
512	512	8 of the 93rd General Assembly, except as provided in subsection
513	513	9 (n) of this Section. Any other party contracting to carry out
514	514	10 the functions of this Section shall be subject to the same
515	515	11 restrictions and requirements of this Section insofar as
516	516	12 applicable, as the Illinois State Police, and to any
517	517	13 additional restrictions imposed by the Illinois State Police.
518	518	14 (g) For the purposes of this Section, "qualifying offense"
519	519	15 means any of the following:
520	520	16 (1) any violation or inchoate violation of Section
521	521	17 11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or
522	522	18 12-16 of the Criminal Code of 1961 or the Criminal Code of
523	523	19 2012;
524	524	20 (1.1) any violation or inchoate violation of Section
525	525	21 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
526	526	22 18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of
527	527	23 1961 or the Criminal Code of 2012 for which persons are
528	528	24 convicted on or after July 1, 2001;
529	529	25 (2) any former statute of this State which defined a
530	530	26 felony sexual offense;
531	531
532	532
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541	541	1 (3) (blank);
542	542	2 (4) any inchoate violation of Section 9-3.1, 9-3.4,
543	543	3 11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or
544	544	4 the Criminal Code of 2012; or
545	545	5 (5) any violation or inchoate violation of Article 29D
546	546	6 of the Criminal Code of 1961 or the Criminal Code of 2012.
547	547	7 (g-5) (Blank).
548	548	8 (h) The Illinois State Police shall be the State central
549	549	9 repository for all genetic marker grouping analysis
550	550	10 information obtained pursuant to this Act. The Illinois State
551	551	11 Police may promulgate rules for the form and manner of the
552	552	12 collection of blood, saliva, or tissue specimens and other
553	553	13 procedures for the operation of this Act. The provisions of
554	554	14 the Administrative Review Law shall apply to all actions taken
555	555	15 under the rules so promulgated.
556	556	16 (i)(1) A person required to provide a blood, saliva, or
557	557	17 tissue specimen shall cooperate with the collection of the
558	558	18 specimen and any deliberate act by that person intended to
559	559	19 impede, delay or stop the collection of the blood, saliva, or
560	560	20 tissue specimen is a Class 4 felony.
561	561	21 (2) In the event that a person's DNA specimen is not
562	562	22 adequate for any reason, the person shall provide another DNA
563	563	23 specimen for analysis. Duly authorized law enforcement and
564	564	24 corrections personnel may employ reasonable force in cases in
565	565	25 which an individual refuses to provide a DNA specimen required
566	566	26 under this Act.
567	567
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577	577	1 (j) (Blank).
578	578	2 (k) All analysis and categorization assessments provided
579	579	3 under the Criminal and Traffic Assessments Act to the State
580	580	4 Crime Laboratory Fund shall be regulated as follows:
581	581	5 (1) (Blank).
582	582	6 (2) (Blank).
583	583	7 (3) Moneys deposited into the State Crime Laboratory
584	584	8 Fund shall be used by Illinois State Police crime
585	585	9 laboratories as designated by the Director of the Illinois
586	586	10 State Police. These funds shall be in addition to any
587	587	11 allocations made pursuant to existing laws and shall be
588	588	12 designated for the exclusive use of State crime
589	589	13 laboratories. These uses may include, but are not limited
590	590	14 to, the following:
591	591	15 (A) Costs incurred in providing analysis and
592	592	16 genetic marker categorization as required by
593	593	17 subsection (d).
594	594	18 (B) Costs incurred in maintaining genetic marker
595	595	19 groupings as required by subsection (e).
596	596	20 (C) Costs incurred in the purchase and maintenance
597	597	21 of equipment for use in performing analyses.
598	598	22 (D) Costs incurred in continuing research and
599	599	23 development of new techniques for analysis and genetic
600	600	24 marker categorization.
601	601	25 (E) Costs incurred in continuing education,
602	602	26 training, and professional development of forensic
603	603
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613	613	1 scientists regularly employed by these laboratories.
614	614	2 (l) The failure of a person to provide a specimen, or of
615	615	3 any person or agency to collect a specimen, shall in no way
616	616	4 alter the obligation of the person to submit such specimen, or
617	617	5 the authority of the Illinois State Police or persons
618	618	6 designated by the Illinois State Police to collect the
619	619	7 specimen, or the authority of the Illinois State Police to
620	620	8 accept, analyze and maintain the specimen or to maintain or
621	621	9 upload results of genetic marker grouping analysis information
622	622	10 into a State or national database.
623	623	11 (m) If any provision of this amendatory Act of the 93rd
624	624	12 General Assembly is held unconstitutional or otherwise
625	625	13 invalid, the remainder of this amendatory Act of the 93rd
626	626	14 General Assembly is not affected.
627	627	15 (n) Neither the Illinois State Police, the Division of
628	628	16 Forensic Services, nor any laboratory of the Division of
629	629	17 Forensic Services may contract out forensic testing for the
630	630	18 purpose of an active investigation or a matter pending before
631	631	19 a court of competent jurisdiction without the written consent
632	632	20 of the prosecuting agency. For the purposes of this subsection
633	633	21 (n), "forensic testing" includes the analysis of physical
634	634	22 evidence in an investigation or other proceeding for the
635	635	23 prosecution of a violation of the Criminal Code of 1961 or the
636	636	24 Criminal Code of 2012 or for matters adjudicated under the
637	637	25 Juvenile Court Act of 1987, and includes the use of forensic
638	638	26 databases and databanks, including DNA, firearm, and
639	639
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641	641
642	642
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649	649	1 fingerprint databases, and expert testimony.
650	650	2 (o) (Blank). Mistake does not invalidate a database match.
651	651	3 The detention, arrest, or conviction of a person based upon a
652	652	4 database match or database information is not invalidated if
653	653	5 it is determined that the specimen was obtained or placed in
654	654	6 the database by mistake.
655	655	7 (p) This Section may be referred to as the Illinois DNA
656	656	8 Database Law of 2011.
657	657	9 (Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)
658	658	10 Section 20. The Sex Offender Registration Act is amended
659	659	11 by changing Section 8 as follows:
660	660	12 (730 ILCS 150/8) (from Ch. 38, par. 228)
661	661	13 Sec. 8. Registration and DNA submission requirements.
662	662	14 (a) Registration. Registration as required by this Article
663	663	15 shall consist of a statement in writing signed by the person
664	664	16 giving the information that is required by the Illinois State
665	665	17 Police, which may include the fingerprints and must include a
666	666	18 current photograph of the person, to be updated annually. If
667	667	19 the sex offender is a child sex offender as defined in Section
668	668	20 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal
669	669	21 Code of 2012, he or she shall sign a statement that he or she
670	670	22 understands that according to Illinois law as a child sex
671	671	23 offender he or she may not reside within 500 feet of a school,
672	672	24 park, or playground. The offender may also not reside within
673	673
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683	683	1 500 feet of a facility providing services directed exclusively
684	684	2 toward persons under 18 years of age unless the sex offender
685	685	3 meets specified exemptions. The registration information must
686	686	4 include whether the person is a sex offender as defined in the
687	687	5 Sex Offender Community Notification Law. Within 3 days, the
688	688	6 registering law enforcement agency shall forward any required
689	689	7 information to the Illinois State Police. The registering law
690	690	8 enforcement agency shall enter the information into the Law
691	691	9 Enforcement Agencies Data System (LEADS) as provided in
692	692	10 Sections 6 and 7 of the Intergovernmental Missing Child
693	693	11 Recovery Act of 1984.
694	694	12 (b) (Blank). DNA submission. Every person registering as a
695	695	13 sex offender pursuant to this Act, regardless of the date of
696	696	14 conviction or the date of initial registration who is required
697	697	15 to submit specimens of blood, saliva, or tissue for DNA
698	698	16 analysis as required by subsection (a) of Section 5-4-3 of the
699	699	17 Unified Code of Corrections shall submit the specimens as
700	700	18 required by that Section. Registered sex offenders who have
701	701	19 previously submitted a DNA specimen which has been uploaded to
702	702	20 the Illinois DNA database shall not be required to submit an
703	703	21 additional specimen pursuant to this Section.
704	704	22 (Source: P.A. 102-538, eff. 8-20-21.)
705	705
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