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
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
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.
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A BILL FOR
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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Hospital Licensing Act is amended by adding
5 Section 6.34 as follows:
6 (210 ILCS 85/6.34 new)
7 Sec. 6.34. Designation of patient-care areas; peace
8 officers prohibited; interaction with nurses prohibited.
9 (a) In this Section:
10 "Hospital" includes an ambulatory surgical treatment
11 center licensed under the Ambulatory Surgical Treatment Center
12 Act and a hospital operated by the State, a unit of local
13 government, or college or university whether public or
14 private.
15 "Law enforcement officer" means any person employed by the
16 State, a county, or a municipality as a policeman, peace
17 officer, auxiliary policeman, or correctional officer or in
18 some like position involving the enforcement of the law and
19 protection of the public interest at the risk of that person's
20 life.
21 "Peace officer" has the meaning ascribed to it in Section
22 2-13 of the Criminal Code of 2012 and includes a law
23 enforcement officer.
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
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.
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LRB103 04848 RLC 49858 b
A BILL FOR
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
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1 (b) Each hospital licensed under this Act shall designate
2 patient-care areas under rules adopted by the Department of
3 Public Health. These areas shall include examination and
4 operating rooms and out-patient care areas of the hospital.
5 (c) Each hospital licensed under this Act shall post a
6 sign of a type and size specified by the Department of Public
7 Health in a conspicuous place at the entrance of each
8 patient-care area of the hospital stating that peace officers
9 may not enter the area without the knowing consent of the
10 health supervisor or a valid search warrant.
11 (d) Each hospital shall designate one of its staff as a
12 health supervisor. The health supervisor shall be the person
13 designated by the hospital to communicate and interact with
14 peace officers including about the treatment and care being
15 provided at the hospital to a person in the peace officer's
16 custody who is being treated at the hospital. The health
17 supervisor shall be a hospital administrator or other person
18 in charge of supervising nurses at the hospital but who is not
19 providing treatment to patients.
20 Section 10. The Code of Criminal Procedure of 1963 is
21 amended by adding Section 103-10 as follows:
22 (725 ILCS 5/103-10 new)
23 Sec. 103-10. Patient-care areas of hospitals; peace
24 officers prohibited.
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1 (a) In this Section:
2 "Law enforcement officer" means any person employed by the
3 State, a county, or a municipality as a policeman, peace
4 officer, auxiliary policeman, or correctional officer or in
5 some like position involving the enforcement of the law and
6 protection of the public interest at the risk of that person's
7 life.
8 "Peace officer" has the meaning ascribed to it in Section
9 2-13 of the Criminal Code of 2012 and includes a law
10 enforcement officer.
11 (b) A peace officer is prohibited from entering a
12 patient-care area of a hospital designated under Section 6.34
13 of the Hospital Licensing Act without the knowing consent of
14 the health supervisor designated by the hospital under Section
15 6.34 of the Hospital Licensing Act or a valid search warrant.
16 (c) A peace officer may not communicate or otherwise
17 interact with a nurse licensed under the Nurse Practice Act
18 who is providing care for a person in the peace officer's
19 custody. The peace officer may only communicate or otherwise
20 interact with a health supervisor designated by the hospital
21 under Section 6.34 of the Hospital Licensing Act.
22 Section 15. The Unified Code of Corrections is amended by
23 changing Section 5-4-3 as follows:
24 (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
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1 Sec. 5-4-3. Specimens; genetic marker groups.
2 (a) Any person convicted of, found guilty under the
3 Juvenile Court Act of 1987 for, or who received a disposition
4 of court supervision for, a qualifying offense or attempt of a
5 qualifying offense, convicted or found guilty of any offense
6 classified as a felony under Illinois law, convicted or found
7 guilty of any offense requiring registration under the Sex
8 Offender Registration Act, found guilty or given supervision
9 for any offense classified as a felony under the Juvenile
10 Court Act of 1987, convicted or found guilty of, under the
11 Juvenile Court Act of 1987, any offense requiring registration
12 under the Sex Offender Registration Act, or institutionalized
13 as a sexually dangerous person under the Sexually Dangerous
14 Persons Act, or committed as a sexually violent person under
15 the Sexually Violent Persons Commitment Act shall, regardless
16 of the sentence or disposition imposed, be required to submit
17 specimens of blood, saliva, or tissue to the Illinois State
18 Police in accordance with the provisions of this Section,
19 provided such person is:
20 (1) convicted of a qualifying offense or attempt of a
21 qualifying offense on or after July 1, 1990 and sentenced
22 to a term of imprisonment, periodic imprisonment, fine,
23 probation, conditional discharge or any other form of
24 sentence, or given a disposition of court supervision for
25 the offense;
26 (1.5) found guilty or given supervision under the
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1 Juvenile Court Act of 1987 for a qualifying offense or
2 attempt of a qualifying offense on or after January 1,
3 1997;
4 (2) ordered institutionalized as a sexually dangerous
5 person on or after July 1, 1990;
6 (3) convicted of a qualifying offense or attempt of a
7 qualifying offense before July 1, 1990 and is presently
8 confined as a result of such conviction in any State
9 correctional facility or county jail or is presently
10 serving a sentence of probation, conditional discharge or
11 periodic imprisonment as a result of such conviction;
12 (3.5) convicted or found guilty of any offense
13 classified as a felony under Illinois law or found guilty
14 or given supervision for such an offense under the
15 Juvenile Court Act of 1987 on or after August 22, 2002;
16 (4) presently institutionalized as a sexually
17 dangerous person or presently institutionalized as a
18 person found guilty but mentally ill of a sexual offense
19 or attempt to commit a sexual offense; or
20 (4.5) ordered committed as a sexually violent person
21 on or after the effective date of the Sexually Violent
22 Persons Commitment Act.
23 (a-1) Any person incarcerated in a facility of the
24 Illinois Department of Corrections or the Illinois Department
25 of Juvenile Justice on or after August 22, 2002, whether for a
26 term of years, natural life, or a sentence of death, who has
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1 not yet submitted a specimen of blood, saliva, or tissue shall
2 be required to submit a specimen of blood, saliva, or tissue
3 prior to his or her final discharge, or release on parole,
4 aftercare release, or mandatory supervised release, as a
5 condition of his or her parole, aftercare release, or
6 mandatory supervised release, or within 6 months from August
7 13, 2009 (the effective date of Public Act 96-426), whichever
8 is sooner. A person incarcerated on or after August 13, 2009
9 (the effective date of Public Act 96-426) shall be required to
10 submit a specimen within 45 days of incarceration, or prior to
11 his or her final discharge, or release on parole, aftercare
12 release, or mandatory supervised release, as a condition of
13 his or her parole, aftercare release, or mandatory supervised
14 release, whichever is sooner. These specimens shall be placed
15 into the State or national DNA database, to be used in
16 accordance with other provisions of this Section, by the
17 Illinois State Police.
18 (a-2) Any person sentenced to life imprisonment in a
19 facility of the Illinois Department of Corrections after the
20 effective date of this amendatory Act of the 94th General
21 Assembly or sentenced to death after the effective date of
22 this amendatory Act of the 94th General Assembly shall be
23 required to provide a specimen of blood, saliva, or tissue
24 within 45 days after sentencing or disposition at a collection
25 site designated by the Illinois State Police. Any person
26 serving a sentence of life imprisonment in a facility of the
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1 Illinois Department of Corrections on the effective date of
2 this amendatory Act of the 94th General Assembly or any person
3 who is under a sentence of death on the effective date of this
4 amendatory Act of the 94th General Assembly shall be required
5 to provide a specimen of blood, saliva, or tissue upon request
6 at a collection site designated by the Illinois State Police.
7 (a-3) Any person seeking transfer to or residency in
8 Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
9 Code, the Interstate Compact for Adult Offender Supervision,
10 or the Interstate Agreements on Sexually Dangerous Persons Act
11 shall be required to provide a specimen of blood, saliva, or
12 tissue within 45 days after transfer to or residency in
13 Illinois at a collection site designated by the Illinois State
14 Police.
15 (a-3.1) Any person required by an order of the court to
16 submit a DNA specimen shall be required to provide a specimen
17 of blood, saliva, or tissue within 45 days after the court
18 order at a collection site designated by the Illinois State
19 Police.
20 (a-3.2) (Blank). On or after January 1, 2012 (the
21 effective date of Public Act 97-383), any person arrested for
22 any of the following offenses, after an indictment has been
23 returned by a grand jury, or following a hearing pursuant to
24 Section 109-3 of the Code of Criminal Procedure of 1963 and a
25 judge finds there is probable cause to believe the arrestee
26 has committed one of the designated offenses, or an arrestee
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1 has waived a preliminary hearing shall be required to provide
2 a specimen of blood, saliva, or tissue within 14 days after
3 such indictment or hearing at a collection site designated by
4 the Illinois State Police:
5 (A) first degree murder;
6 (B) home invasion;
7 (C) predatory criminal sexual assault of a child;
8 (D) aggravated criminal sexual assault; or
9 (E) criminal sexual assault.
10 (a-3.3) (Blank). Any person required to register as a sex
11 offender under the Sex Offender Registration Act, regardless
12 of the date of conviction as set forth in subsection (c-5.2)
13 shall be required to provide a specimen of blood, saliva, or
14 tissue within the time period prescribed in subsection (c-5.2)
15 at a collection site designated by the Illinois State Police.
16 (a-5) Any person who was otherwise convicted of or
17 received a disposition of court supervision for any other
18 offense under the Criminal Code of 1961 or the Criminal Code of
19 2012 or who was found guilty or given supervision for such a
20 violation under the Juvenile Court Act of 1987, may,
21 regardless of the sentence imposed, be required by an order of
22 the court to submit specimens of blood, saliva, or tissue to
23 the Illinois State Police in accordance with the provisions of
24 this Section.
25 (b) Any person required by paragraphs (a)(1), (a)(1.5),
26 (a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
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1 saliva, or tissue shall provide specimens of blood, saliva, or
2 tissue within 45 days after sentencing or disposition at a
3 collection site designated by the Illinois State Police.
4 (c) Any person required by paragraphs (a)(3), (a)(4), and
5 (a)(4.5) to provide specimens of blood, saliva, or tissue
6 shall be required to provide such specimens prior to final
7 discharge or within 6 months from August 13, 2009 (the
8 effective date of Public Act 96-426), whichever is sooner.
9 These specimens shall be placed into the State or national DNA
10 database, to be used in accordance with other provisions of
11 this Act, by the Illinois State Police.
12 (c-5) Any person required by paragraph (a-3) to provide
13 specimens of blood, saliva, or tissue shall, where feasible,
14 be required to provide the specimens before being accepted for
15 conditioned residency in Illinois under the interstate compact
16 or agreement, but no later than 45 days after arrival in this
17 State.
18 (c-5.2) (Blank). Unless it is determined that a registered
19 sex offender has previously submitted a specimen of blood,
20 saliva, or tissue that has been placed into the State DNA
21 database, a person registering as a sex offender shall be
22 required to submit a specimen at the time of his or her initial
23 registration pursuant to the Sex Offender Registration Act or,
24 for a person registered as a sex offender on or prior to
25 January 1, 2012 (the effective date of Public Act 97-383),
26 within one year of January 1, 2012 (the effective date of
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1 Public Act 97-383) or at the time of his or her next required
2 registration.
3 (c-6) The Illinois State Police may determine which type
4 of specimen or specimens, blood, saliva, or tissue, is
5 acceptable for submission to the Division of Forensic Services
6 for analysis. The Illinois State Police may require the
7 submission of fingerprints from anyone required to give a
8 specimen under this Act.
9 (d) The Illinois State Police shall provide all equipment
10 and instructions necessary for the collection of blood
11 specimens. The collection of specimens shall be performed in a
12 medically approved manner. Only a physician authorized to
13 practice medicine, a registered nurse or other qualified
14 person trained in venipuncture may withdraw blood for the
15 purposes of this Act. The specimens shall thereafter be
16 forwarded to the Illinois State Police, Division of Forensic
17 Services, for analysis and categorizing into genetic marker
18 groupings.
19 (d-1) The Illinois State Police shall provide all
20 equipment and instructions necessary for the collection of
21 saliva specimens. The collection of saliva specimens shall be
22 performed in a medically approved manner. Only a person
23 trained in the instructions promulgated by the Illinois State
24 Police on collecting saliva may collect saliva for the
25 purposes of this Section. The specimens shall thereafter be
26 forwarded to the Illinois State Police, Division of Forensic
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1 Services, for analysis and categorizing into genetic marker
2 groupings.
3 (d-2) The Illinois State Police shall provide all
4 equipment and instructions necessary for the collection of
5 tissue specimens. The collection of tissue specimens shall be
6 performed in a medically approved manner. Only a person
7 trained in the instructions promulgated by the Illinois State
8 Police on collecting tissue may collect tissue for the
9 purposes of this Section. The specimens shall thereafter be
10 forwarded to the Illinois State Police, Division of Forensic
11 Services, for analysis and categorizing into genetic marker
12 groupings.
13 (d-5) To the extent that funds are available, the Illinois
14 State Police shall contract with qualified personnel and
15 certified laboratories for the collection, analysis, and
16 categorization of known specimens, except as provided in
17 subsection (n) of this Section.
18 (d-6) Agencies designated by the Illinois State Police and
19 the Illinois State Police may contract with third parties to
20 provide for the collection or analysis of DNA, or both, of an
21 offender's blood, saliva, and tissue specimens, except as
22 provided in subsection (n) of this Section.
23 (e) The genetic marker groupings shall be maintained by
24 the Illinois State Police, Division of Forensic Services.
25 (f) The genetic marker grouping analysis information
26 obtained pursuant to this Act shall be confidential and shall
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1 be released only to peace officers of the United States, of
2 other states or territories, of the insular possessions of the
3 United States, of foreign countries duly authorized to receive
4 the same, to all peace officers of the State of Illinois and to
5 all prosecutorial agencies, and to defense counsel as provided
6 by Section 116-5 of the Code of Criminal Procedure of 1963. The
7 genetic marker grouping analysis information obtained pursuant
8 to this Act shall be used only for (i) valid law enforcement
9 identification purposes and as required by the Federal Bureau
10 of Investigation for participation in the National DNA
11 database, (ii) technology validation purposes, (iii) a
12 population statistics database, (iv) quality assurance
13 purposes if personally identifying information is removed, (v)
14 assisting in the defense of the criminally accused pursuant to
15 Section 116-5 of the Code of Criminal Procedure of 1963, or
16 (vi) identifying and assisting in the prosecution of a person
17 who is suspected of committing a sexual assault as defined in
18 Section 1a of the Sexual Assault Survivors Emergency Treatment
19 Act. Notwithstanding any other statutory provision to the
20 contrary, all information obtained under this Section shall be
21 maintained in a single State data base, which may be uploaded
22 into a national database, and which information may be subject
23 to expungement only as set forth in subsection (f-1).
24 (f-1) Upon receipt of notification of a reversal of a
25 conviction based on actual innocence, or of the granting of a
26 pardon pursuant to Section 12 of Article V of the Illinois
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1 Constitution, if that pardon document specifically states that
2 the reason for the pardon is the actual innocence of an
3 individual whose DNA record has been stored in the State or
4 national DNA identification index in accordance with this
5 Section by the Illinois State Police, the DNA record shall be
6 expunged from the DNA identification index, and the Department
7 shall by rule prescribe procedures to ensure that the record
8 and any specimens, analyses, or other documents relating to
9 such record, whether in the possession of the Department or
10 any law enforcement or police agency, or any forensic DNA
11 laboratory, including any duplicates or copies thereof, are
12 destroyed and a letter is sent to the court verifying the
13 expungement is completed. For specimens required to be
14 collected prior to conviction, unless the individual has other
15 charges or convictions that require submission of a specimen,
16 the DNA record for an individual shall be expunged from the DNA
17 identification databases and the specimen destroyed upon
18 receipt of a certified copy of a final court order for each
19 charge against an individual in which the charge has been
20 dismissed, resulted in acquittal, or that the charge was not
21 filed within the applicable time period. The Department shall
22 by rule prescribe procedures to ensure that the record and any
23 specimens in the possession or control of the Department are
24 destroyed and a letter is sent to the court verifying the
25 expungement is completed.
26 (f-5) Any person who intentionally uses genetic marker
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1 grouping analysis information, or any other information
2 derived from a DNA specimen, beyond the authorized uses as
3 provided under this Section, or any other Illinois law, is
4 guilty of a Class 4 felony, and shall be subject to a fine of
5 not less than $5,000.
6 (f-6) The Illinois State Police may contract with third
7 parties for the purposes of implementing this amendatory Act
8 of the 93rd General Assembly, except as provided in subsection
9 (n) of this Section. Any other party contracting to carry out
10 the functions of this Section shall be subject to the same
11 restrictions and requirements of this Section insofar as
12 applicable, as the Illinois State Police, and to any
13 additional restrictions imposed by the Illinois State Police.
14 (g) For the purposes of this Section, "qualifying offense"
15 means any of the following:
16 (1) any violation or inchoate violation of Section
17 11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or
18 12-16 of the Criminal Code of 1961 or the Criminal Code of
19 2012;
20 (1.1) any violation or inchoate violation of Section
21 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
22 18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of
23 1961 or the Criminal Code of 2012 for which persons are
24 convicted on or after July 1, 2001;
25 (2) any former statute of this State which defined a
26 felony sexual offense;
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1 (3) (blank);
2 (4) any inchoate violation of Section 9-3.1, 9-3.4,
3 11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or
4 the Criminal Code of 2012; or
5 (5) any violation or inchoate violation of Article 29D
6 of the Criminal Code of 1961 or the Criminal Code of 2012.
7 (g-5) (Blank).
8 (h) The Illinois State Police shall be the State central
9 repository for all genetic marker grouping analysis
10 information obtained pursuant to this Act. The Illinois State
11 Police may promulgate rules for the form and manner of the
12 collection of blood, saliva, or tissue specimens and other
13 procedures for the operation of this Act. The provisions of
14 the Administrative Review Law shall apply to all actions taken
15 under the rules so promulgated.
16 (i)(1) A person required to provide a blood, saliva, or
17 tissue specimen shall cooperate with the collection of the
18 specimen and any deliberate act by that person intended to
19 impede, delay or stop the collection of the blood, saliva, or
20 tissue specimen is a Class 4 felony.
21 (2) In the event that a person's DNA specimen is not
22 adequate for any reason, the person shall provide another DNA
23 specimen for analysis. Duly authorized law enforcement and
24 corrections personnel may employ reasonable force in cases in
25 which an individual refuses to provide a DNA specimen required
26 under this Act.
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1 (j) (Blank).
2 (k) All analysis and categorization assessments provided
3 under the Criminal and Traffic Assessments Act to the State
4 Crime Laboratory Fund shall be regulated as follows:
5 (1) (Blank).
6 (2) (Blank).
7 (3) Moneys deposited into the State Crime Laboratory
8 Fund shall be used by Illinois State Police crime
9 laboratories as designated by the Director of the Illinois
10 State Police. These funds shall be in addition to any
11 allocations made pursuant to existing laws and shall be
12 designated for the exclusive use of State crime
13 laboratories. These uses may include, but are not limited
14 to, the following:
15 (A) Costs incurred in providing analysis and
16 genetic marker categorization as required by
17 subsection (d).
18 (B) Costs incurred in maintaining genetic marker
19 groupings as required by subsection (e).
20 (C) Costs incurred in the purchase and maintenance
21 of equipment for use in performing analyses.
22 (D) Costs incurred in continuing research and
23 development of new techniques for analysis and genetic
24 marker categorization.
25 (E) Costs incurred in continuing education,
26 training, and professional development of forensic
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1 scientists regularly employed by these laboratories.
2 (l) The failure of a person to provide a specimen, or of
3 any person or agency to collect a specimen, shall in no way
4 alter the obligation of the person to submit such specimen, or
5 the authority of the Illinois State Police or persons
6 designated by the Illinois State Police to collect the
7 specimen, or the authority of the Illinois State Police to
8 accept, analyze and maintain the specimen or to maintain or
9 upload results of genetic marker grouping analysis information
10 into a State or national database.
11 (m) If any provision of this amendatory Act of the 93rd
12 General Assembly is held unconstitutional or otherwise
13 invalid, the remainder of this amendatory Act of the 93rd
14 General Assembly is not affected.
15 (n) Neither the Illinois State Police, the Division of
16 Forensic Services, nor any laboratory of the Division of
17 Forensic Services may contract out forensic testing for the
18 purpose of an active investigation or a matter pending before
19 a court of competent jurisdiction without the written consent
20 of the prosecuting agency. For the purposes of this subsection
21 (n), "forensic testing" includes the analysis of physical
22 evidence in an investigation or other proceeding for the
23 prosecution of a violation of the Criminal Code of 1961 or the
24 Criminal Code of 2012 or for matters adjudicated under the
25 Juvenile Court Act of 1987, and includes the use of forensic
26 databases and databanks, including DNA, firearm, and
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1 fingerprint databases, and expert testimony.
2 (o) (Blank). Mistake does not invalidate a database match.
3 The detention, arrest, or conviction of a person based upon a
4 database match or database information is not invalidated if
5 it is determined that the specimen was obtained or placed in
6 the database by mistake.
7 (p) This Section may be referred to as the Illinois DNA
8 Database Law of 2011.
9 (Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)
10 Section 20. The Sex Offender Registration Act is amended
11 by changing Section 8 as follows:
12 (730 ILCS 150/8) (from Ch. 38, par. 228)
13 Sec. 8. Registration and DNA submission requirements.
14 (a) Registration. Registration as required by this Article
15 shall consist of a statement in writing signed by the person
16 giving the information that is required by the Illinois State
17 Police, which may include the fingerprints and must include a
18 current photograph of the person, to be updated annually. If
19 the sex offender is a child sex offender as defined in Section
20 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal
21 Code of 2012, he or she shall sign a statement that he or she
22 understands that according to Illinois law as a child sex
23 offender he or she may not reside within 500 feet of a school,
24 park, or playground. The offender may also not reside within
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1 500 feet of a facility providing services directed exclusively
2 toward persons under 18 years of age unless the sex offender
3 meets specified exemptions. The registration information must
4 include whether the person is a sex offender as defined in the
5 Sex Offender Community Notification Law. Within 3 days, the
6 registering law enforcement agency shall forward any required
7 information to the Illinois State Police. The registering law
8 enforcement agency shall enter the information into the Law
9 Enforcement Agencies Data System (LEADS) as provided in
10 Sections 6 and 7 of the Intergovernmental Missing Child
11 Recovery Act of 1984.
12 (b) (Blank). DNA submission. Every person registering as a
13 sex offender pursuant to this Act, regardless of the date of
14 conviction or the date of initial registration who is required
15 to submit specimens of blood, saliva, or tissue for DNA
16 analysis as required by subsection (a) of Section 5-4-3 of the
17 Unified Code of Corrections shall submit the specimens as
18 required by that Section. Registered sex offenders who have
19 previously submitted a DNA specimen which has been uploaded to
20 the Illinois DNA database shall not be required to submit an
21 additional specimen pursuant to this Section.
22 (Source: P.A. 102-538, eff. 8-20-21.)
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