Illinois 2023-2024 Regular Session

Illinois House Bill HB3533 Compare Versions

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

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3533 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: New Act Creates the Sexual Assault Survivors Protection Act. Establishes procedures that apply to the collection and use of known reference samples of DNA from a victim of a sex offense or alleged sex offense, and to known reference samples of DNA from any individual that was voluntarily provided for the purpose of exclusion, and to any profiles developed from those samples. Provides that law enforcement agencies and their agents shall use these DNA samples or profiles only for purposes directly related to the incident being investigated. Provides that a law enforcement agency or agent of a law enforcement agency may not compare any of these samples or profiles with DNA samples or profiles that do not relate to the incident being investigated. Provides that a law enforcement agency or agent of a law enforcement agency may not include any of these DNA profiles in any database that allows these samples to be compared to or matched with profiles derived from DNA evidence obtained from crime scenes. Provides that any part of a DNA sample that remains after the requested testing or analysis has been performed shall be securely stored and may only be used in accordance with the restrictions on use and disclosure of the sample provided in these provisions. Provides that an agent of a law enforcement agency may not provide any part of these DNA samples or profiles to any person or entity other than the law enforcement agency that provided them, except portions of these remaining DNA samples may be provided to the defendant when authorized by court order. Provides that the database profile of a person whose DNA profile has been voluntarily provided for purposes of exclusion shall be expunged from all public and private databases if the person has no past or present offense or pending charge which qualifies that person for inclusion within this State's DNA database as provided in the Unified Code of Corrections. Provides exceptions. LRB103 29376 RLC 55765 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3533 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: New Act New Act Creates the Sexual Assault Survivors Protection Act. Establishes procedures that apply to the collection and use of known reference samples of DNA from a victim of a sex offense or alleged sex offense, and to known reference samples of DNA from any individual that was voluntarily provided for the purpose of exclusion, and to any profiles developed from those samples. Provides that law enforcement agencies and their agents shall use these DNA samples or profiles only for purposes directly related to the incident being investigated. Provides that a law enforcement agency or agent of a law enforcement agency may not compare any of these samples or profiles with DNA samples or profiles that do not relate to the incident being investigated. Provides that a law enforcement agency or agent of a law enforcement agency may not include any of these DNA profiles in any database that allows these samples to be compared to or matched with profiles derived from DNA evidence obtained from crime scenes. Provides that any part of a DNA sample that remains after the requested testing or analysis has been performed shall be securely stored and may only be used in accordance with the restrictions on use and disclosure of the sample provided in these provisions. Provides that an agent of a law enforcement agency may not provide any part of these DNA samples or profiles to any person or entity other than the law enforcement agency that provided them, except portions of these remaining DNA samples may be provided to the defendant when authorized by court order. Provides that the database profile of a person whose DNA profile has been voluntarily provided for purposes of exclusion shall be expunged from all public and private databases if the person has no past or present offense or pending charge which qualifies that person for inclusion within this State's DNA database as provided in the Unified Code of Corrections. Provides exceptions. LRB103 29376 RLC 55765 b LRB103 29376 RLC 55765 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3533 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Sexual Assault Survivors Protection Act. Establishes procedures that apply to the collection and use of known reference samples of DNA from a victim of a sex offense or alleged sex offense, and to known reference samples of DNA from any individual that was voluntarily provided for the purpose of exclusion, and to any profiles developed from those samples. Provides that law enforcement agencies and their agents shall use these DNA samples or profiles only for purposes directly related to the incident being investigated. Provides that a law enforcement agency or agent of a law enforcement agency may not compare any of these samples or profiles with DNA samples or profiles that do not relate to the incident being investigated. Provides that a law enforcement agency or agent of a law enforcement agency may not include any of these DNA profiles in any database that allows these samples to be compared to or matched with profiles derived from DNA evidence obtained from crime scenes. Provides that any part of a DNA sample that remains after the requested testing or analysis has been performed shall be securely stored and may only be used in accordance with the restrictions on use and disclosure of the sample provided in these provisions. Provides that an agent of a law enforcement agency may not provide any part of these DNA samples or profiles to any person or entity other than the law enforcement agency that provided them, except portions of these remaining DNA samples may be provided to the defendant when authorized by court order. Provides that the database profile of a person whose DNA profile has been voluntarily provided for purposes of exclusion shall be expunged from all public and private databases if the person has no past or present offense or pending charge which qualifies that person for inclusion within this State's DNA database as provided in the Unified Code of Corrections. Provides exceptions.
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11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the Sexual
15	15	5 Assault Survivors Protection Act.
16	16	6 Section 5. DNA reference samples.
17	17	7 (a) In this Section:
18	18	8 "Incident being investigated" means the crime or alleged
19	19	9 crime that caused a law enforcement agency or agent to analyze
20	20	10 or request a DNA sample from a victim of or witness to that sex
21	21	11 offense or alleged sex offense.
22	22	12 "Agent of a law enforcement agency" includes any person or
23	23	13 entity that the agency provides with access to a DNA sample
24	24	14 collected directly from the person of a victim of or witness to
25	25	15 a sex offense or alleged sex offense, or to any profile
26	26	16 developed from those samples. This includes, but is not
27	27	17 limited to, public or private DNA testing facilities.
28	28	18 "Sex offense" means any offense described in subsection
29	29	19 (c) of Section 10 of the Sex Offender Management Board Act.
30	30	20 "Victim" or "witness" does not include any person who is a
31	31	21 target of the investigation of the incident being
32	32	22 investigated, if law enforcement agents have probable cause to
33	33	23 believe that person has committed a sex offense relating to
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3533 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	Creates the Sexual Assault Survivors Protection Act. Establishes procedures that apply to the collection and use of known reference samples of DNA from a victim of a sex offense or alleged sex offense, and to known reference samples of DNA from any individual that was voluntarily provided for the purpose of exclusion, and to any profiles developed from those samples. Provides that law enforcement agencies and their agents shall use these DNA samples or profiles only for purposes directly related to the incident being investigated. Provides that a law enforcement agency or agent of a law enforcement agency may not compare any of these samples or profiles with DNA samples or profiles that do not relate to the incident being investigated. Provides that a law enforcement agency or agent of a law enforcement agency may not include any of these DNA profiles in any database that allows these samples to be compared to or matched with profiles derived from DNA evidence obtained from crime scenes. Provides that any part of a DNA sample that remains after the requested testing or analysis has been performed shall be securely stored and may only be used in accordance with the restrictions on use and disclosure of the sample provided in these provisions. Provides that an agent of a law enforcement agency may not provide any part of these DNA samples or profiles to any person or entity other than the law enforcement agency that provided them, except portions of these remaining DNA samples may be provided to the defendant when authorized by court order. Provides that the database profile of a person whose DNA profile has been voluntarily provided for purposes of exclusion shall be expunged from all public and private databases if the person has no past or present offense or pending charge which qualifies that person for inclusion within this State's DNA database as provided in the Unified Code of Corrections. Provides exceptions.
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43	43	A BILL FOR
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49	49	New Act
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68	68	1 the incident under investigation.
69	69	2 "Voluntarily provided for the purpose of exclusion" means
70	70	3 that law enforcement agents do not consider the individual to
71	71	4 be a suspect and have requested a voluntary DNA sample in order
72	72	5 to exclude that person's DNA profile from consideration in the
73	73	6 current investigation.
74	74	7 (b) The following procedures apply to known reference
75	75	8 samples of DNA from a victim of a sex offense or alleged sex
76	76	9 offense, and to known reference samples of DNA from any
77	77	10 individual that were voluntarily provided for the purpose of
78	78	11 exclusion, as well as to any profiles developed from those
79	79	12 samples:
80	80	13 (1) Law enforcement agencies and their agents shall
81	81	14 use these DNA samples or profiles only for purposes
82	82	15 directly related to the incident being investigated.
83	83	16 (2) A law enforcement agency or agent of a law
84	84	17 enforcement agency may not compare any of these samples or
85	85	18 profiles with DNA samples or profiles that do not relate
86	86	19 to the incident being investigated.
87	87	20 (3) A law enforcement agency or agent of a law
88	88	21 enforcement agency may not include any of these DNA
89	89	22 profiles in any database that allows these samples to be
90	90	23 compared to or matched with profiles derived from DNA
91	91	24 evidence obtained from crime scenes.
92	92	25 (4) A law enforcement agency or agent of a law
93	93	26 enforcement agency may not provide any other person or
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104	104	1 entity with access to any of these DNA samples or
105	105	2 profiles, unless that person or entity agrees to abide by
106	106	3 the statutory restrictions on the use and disclosure of
107	107	4 that sample or profile.
108	108	5 (5) Any part of a DNA sample that remains after the
109	109	6 requested testing or analysis has been performed shall be
110	110	7 securely stored and may only be used in accordance with
111	111	8 the restrictions on use and disclosure of the sample
112	112	9 provided in this Section.
113	113	10 (6) An agent of a law enforcement agency may not
114	114	11 provide any part of these DNA samples or profiles to any
115	115	12 person or entity other than the law enforcement agency
116	116	13 that provided them, except portions of these remaining DNA
117	117	14 samples may be provided to the defendant when authorized
118	118	15 by court order.
119	119	16 (7) The database profile of a person whose DNA profile
120	120	17 has been voluntarily provided for purposes of exclusion
121	121	18 shall be expunged from all public and private databases if
122	122	19 the person has no past or present offense or pending
123	123	20 charge which qualifies that person for inclusion within
124	124	21 this State's DNA database as provided in Section 5-4-3 of
125	125	22 the Unified Code of Corrections.
126	126	23 (8) This Section does not prohibit crime laboratories
127	127	24 from collecting, retaining, and using for comparison
128	128	25 purposes in multiple cases the following DNA profiles:
129	129	26 (A) The DNA profiles from persons whose proximity
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140	140	1 or access to DNA case evidence during the collection,
141	141	2 handling, or processing of that evidence might result
142	142	3 in DNA contamination, including first responders,
143	143	4 crime scene investigators, laboratory staff, or others
144	144	5 at the laboratory, if these kinds of elimination
145	145	6 samples are voluntarily provided with written consent
146	146	7 for their use as quality assurance or control samples,
147	147	8 or if the elimination samples are obtained as a
148	148	9 condition of employment with written consent, so that
149	149	10 the crime laboratory can assure reliable results.
150	150	11 (B) The DNA profiles from persons associated with
151	151	12 the manufacturing or production of consumable supplies
152	152	13 or reagents or positive control samples used in
153	153	14 laboratory testing, if these kinds of elimination
154	154	15 samples are voluntarily provided with written consent.
155	155	16 (C) The DNA profiles that may be incidentally
156	156	17 encountered on consumable supplies or reagents such as
157	157	18 plastic tubes, plastic plates, swabs, and buffers.
158	158	19 (9) The requirement for written consent for voluntary
159	159	20 elimination samples does not preclude a DNA testing
160	160	21 laboratory from retaining, for use consistent with this
161	161	22 Section, the voluntary quality assurance or control
162	162	23 samples described in paragraph (8) that were provided
163	163	24 without written consent by persons prior to the effective
164	164	25 date of this Act, or if the laboratory is otherwise
165	165	26 required to retain such case samples by another provision
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176	176	1 of law.
177	177	2 (10) This Section does not preclude a DNA testing
178	178	3 laboratory from conducting a limited comparison of samples
179	179	4 that were analyzed concurrently in order to evaluate the
180	180	5 DNA typing results for potential contamination, determine
181	181	6 the source of contamination when detected, and to ensure
182	182	7 that the contaminating profiles were not misidentified as
183	183	8 DNA profiles from putative perpetrators.
184	184	9 (11) This Section does not affect the inclusion of
185	185	10 samples in the State DNA database described in Section
186	186	11 5-4-3 of the Unified Code of Corrections, the use of State
187	187	12 DNA databases for identifying missing persons under the
188	188	13 Missing Persons Identification Act, the compliance with
189	189	14 Section 116-3 of the Code of Criminal Procedure of 1963
190	190	15 that allow the release of samples for post-conviction
191	191	16 testing, or the use of reference samples from a suspect
192	192	17 lawfully collected in a manner that does not violate this
193	193	18 Section.
194	194	19 (c) This Section does not apply to evidence arising from
195	195	20 the victim that is biological material that is not the
196	196	21 victim's own and is not from an individual who voluntarily
197	197	22 provided a reference sample for exclusion, such as DNA
198	198	23 transferred from an assailant.
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