Bill Text: IL HB2890 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Unified Code of Corrections. Deletes provisions that a person convicted or found guilty under the Juvenile Court Act of 1987 for, or who received a disposition of court supervision for, a qualifying offense or attempt of a qualifying offense or convicted or found guilty of, under the Juvenile Court Act of 1987, any offense requiring registration under the Sex Offender Registration Act is required to submit specimens of blood, saliva, or tissue to the Illinois State Police for analysis and categorizing into genetic marker groupings.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2023-03-27 - House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB2890 Detail]

Download: Illinois-2023-HB2890-Engrossed.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Section 5-4-3 as follows:
(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
Sec. 5-4-3. Specimens; genetic marker groups.
(a) Any person convicted of, found guilty under the
Juvenile Court Act of 1987 for, or who received a disposition
of court supervision for, a qualifying offense or attempt of a
qualifying offense, convicted or found guilty of any offense
classified as a felony under Illinois law, convicted or found
guilty of any offense requiring registration under the Sex
Offender Registration Act, found guilty or given supervision
for any offense classified as a felony under the Juvenile
Court Act of 1987, convicted or found guilty of, under the
Juvenile Court Act of 1987, any offense requiring registration
under the Sex Offender Registration Act, or institutionalized
as a sexually dangerous person under the Sexually Dangerous
Persons Act, or committed as a sexually violent person under
the Sexually Violent Persons Commitment Act shall, regardless
of the sentence or disposition imposed, be required to submit
specimens of blood, saliva, or tissue to the Illinois State

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Police in accordance with the provisions of this Section,
provided such person is:
(1) convicted of a qualifying offense or attempt of a
qualifying offense on or after July 1, 1990 and sentenced
to a term of imprisonment, periodic imprisonment, fine,
probation, conditional discharge or any other form of
sentence, or given a disposition of court supervision for
the offense;
(1.5) (blank) found guilty or given supervision under
the Juvenile Court Act of 1987 for a qualifying offense or
attempt of a qualifying offense on or after January 1,
1997;
(2) ordered institutionalized as a sexually dangerous
person on or after July 1, 1990;
(3) convicted of a qualifying offense or attempt of a
qualifying offense before July 1, 1990 and is presently
confined as a result of such conviction in any State
correctional facility or county jail or is presently
serving a sentence of probation, conditional discharge or
periodic imprisonment as a result of such conviction;
(3.5) convicted or found guilty of any offense
classified as a felony under Illinois law or found guilty
or given supervision for such an offense under the
Juvenile Court Act of 1987 on or after August 22, 2002;
(4) presently institutionalized as a sexually
dangerous person or presently institutionalized as a

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person found guilty but mentally ill of a sexual offense
or attempt to commit a sexual offense; or
(4.5) ordered committed as a sexually violent person
on or after the effective date of the Sexually Violent
Persons Commitment Act.
(a-1) Any person incarcerated in a facility of the
Illinois Department of Corrections or the Illinois Department
of Juvenile Justice on or after August 22, 2002, whether for a
term of years, natural life, or a sentence of death, who has
not yet submitted a specimen of blood, saliva, or tissue shall
be required to submit a specimen of blood, saliva, or tissue
prior to his or her final discharge, or release on parole,
aftercare release, or mandatory supervised release, as a
condition of his or her parole, aftercare release, or
mandatory supervised release, or within 6 months from August
13, 2009 (the effective date of Public Act 96-426), whichever
is sooner. A person incarcerated on or after August 13, 2009
(the effective date of Public Act 96-426) shall be required to
submit a specimen within 45 days of incarceration, or prior to
his or her final discharge, or release on parole, aftercare
release, or mandatory supervised release, as a condition of
his or her parole, aftercare release, or mandatory supervised
release, whichever is sooner. These specimens shall be placed
into the State or national DNA database, to be used in
accordance with other provisions of this Section, by the
Illinois State Police.

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(a-2) Any person sentenced to life imprisonment in a
facility of the Illinois Department of Corrections after the
effective date of this amendatory Act of the 94th General
Assembly or sentenced to death after the effective date of
this amendatory Act of the 94th General Assembly shall be
required to provide a specimen of blood, saliva, or tissue
within 45 days after sentencing or disposition at a collection
site designated by the Illinois State Police. Any person
serving a sentence of life imprisonment in a facility of the
Illinois Department of Corrections on the effective date of
this amendatory Act of the 94th General Assembly or any person
who is under a sentence of death on the effective date of this
amendatory Act of the 94th General Assembly shall be required
to provide a specimen of blood, saliva, or tissue upon request
at a collection site designated by the Illinois State Police.
(a-3) Any person seeking transfer to or residency in
Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
Code, the Interstate Compact for Adult Offender Supervision,
or the Interstate Agreements on Sexually Dangerous Persons Act
shall be required to provide a specimen of blood, saliva, or
tissue within 45 days after transfer to or residency in
Illinois at a collection site designated by the Illinois State
Police.
(a-3.1) Any person required by an order of the court to
submit a DNA specimen shall be required to provide a specimen
of blood, saliva, or tissue within 45 days after the court

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order at a collection site designated by the Illinois State
Police.
(a-3.2) On or after January 1, 2012 (the effective date of
Public Act 97-383), any person arrested for any of the
following offenses, after an indictment has been returned by a
grand jury, or following a hearing pursuant to Section 109-3
of the Code of Criminal Procedure of 1963 and a judge finds
there is probable cause to believe the arrestee has committed
one of the designated offenses, or an arrestee has waived a
preliminary hearing shall be required to provide a specimen of
blood, saliva, or tissue within 14 days after such indictment
or hearing at a collection site designated by the Illinois
State Police:
(A) first degree murder;
(B) home invasion;
(C) predatory criminal sexual assault of a child;
(D) aggravated criminal sexual assault; or
(E) criminal sexual assault.
(a-3.3) Any person required to register as a sex offender
under the Sex Offender Registration Act, regardless of the
date of conviction as set forth in subsection (c-5.2) shall be
required to provide a specimen of blood, saliva, or tissue
within the time period prescribed in subsection (c-5.2) at a
collection site designated by the Illinois State Police.
(a-5) Any person who was otherwise convicted of or
received a disposition of court supervision for any other

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offense under the Criminal Code of 1961 or the Criminal Code of
2012 or who was found guilty or given supervision for such a
violation under the Juvenile Court Act of 1987, may,
regardless of the sentence imposed, be required by an order of
the court to submit specimens of blood, saliva, or tissue to
the Illinois State Police in accordance with the provisions of
this Section.
(b) Any person required by paragraphs (a)(1), (a)(1.5),
(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
saliva, or tissue shall provide specimens of blood, saliva, or
tissue within 45 days after sentencing or disposition at a
collection site designated by the Illinois State Police.
(c) Any person required by paragraphs (a)(3), (a)(4), and
(a)(4.5) to provide specimens of blood, saliva, or tissue
shall be required to provide such specimens prior to final
discharge or within 6 months from August 13, 2009 (the
effective date of Public Act 96-426), whichever is sooner.
These specimens shall be placed into the State or national DNA
database, to be used in accordance with other provisions of
this Act, by the Illinois State Police.
(c-5) Any person required by paragraph (a-3) to provide
specimens of blood, saliva, or tissue shall, where feasible,
be required to provide the specimens before being accepted for
conditioned residency in Illinois under the interstate compact
or agreement, but no later than 45 days after arrival in this
State.

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(c-5.2) Unless it is determined that a registered sex
offender has previously submitted a specimen of blood, saliva,
or tissue that has been placed into the State DNA database, a
person registering as a sex offender shall be required to
submit a specimen at the time of his or her initial
registration pursuant to the Sex Offender Registration Act or,
for a person registered as a sex offender on or prior to
January 1, 2012 (the effective date of Public Act 97-383),
within one year of January 1, 2012 (the effective date of
Public Act 97-383) or at the time of his or her next required
registration.
(c-6) The Illinois State Police may determine which type
of specimen or specimens, blood, saliva, or tissue, is
acceptable for submission to the Division of Forensic Services
for analysis. The Illinois State Police may require the
submission of fingerprints from anyone required to give a
specimen under this Act.
(d) The Illinois State Police shall provide all equipment
and instructions necessary for the collection of blood
specimens. The collection of specimens shall be performed in a
medically approved manner. Only a physician authorized to
practice medicine, a registered nurse or other qualified
person trained in venipuncture may withdraw blood for the
purposes of this Act. The specimens shall thereafter be
forwarded to the Illinois State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker

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groupings.
(d-1) The Illinois State Police shall provide all
equipment and instructions necessary for the collection of
saliva specimens. The collection of saliva specimens shall be
performed in a medically approved manner. Only a person
trained in the instructions promulgated by the Illinois State
Police on collecting saliva may collect saliva for the
purposes of this Section. The specimens shall thereafter be
forwarded to the Illinois State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings.
(d-2) The Illinois State Police shall provide all
equipment and instructions necessary for the collection of
tissue specimens. The collection of tissue specimens shall be
performed in a medically approved manner. Only a person
trained in the instructions promulgated by the Illinois State
Police on collecting tissue may collect tissue for the
purposes of this Section. The specimens shall thereafter be
forwarded to the Illinois State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings.
(d-5) To the extent that funds are available, the Illinois
State Police shall contract with qualified personnel and
certified laboratories for the collection, analysis, and
categorization of known specimens, except as provided in
subsection (n) of this Section.

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(d-6) Agencies designated by the Illinois State Police and
the Illinois State Police may contract with third parties to
provide for the collection or analysis of DNA, or both, of an
offender's blood, saliva, and tissue specimens, except as
provided in subsection (n) of this Section.
(e) The genetic marker groupings shall be maintained by
the Illinois State Police, Division of Forensic Services.
(f) The genetic marker grouping analysis information
obtained pursuant to this Act shall be confidential and shall
be released only to peace officers of the United States, of
other states or territories, of the insular possessions of the
United States, of foreign countries duly authorized to receive
the same, to all peace officers of the State of Illinois and to
all prosecutorial agencies, and to defense counsel as provided
by Section 116-5 of the Code of Criminal Procedure of 1963. The
genetic marker grouping analysis information obtained pursuant
to this Act shall be used only for (i) valid law enforcement
identification purposes and as required by the Federal Bureau
of Investigation for participation in the National DNA
database, (ii) technology validation purposes, (iii) a
population statistics database, (iv) quality assurance
purposes if personally identifying information is removed, (v)
assisting in the defense of the criminally accused pursuant to
Section 116-5 of the Code of Criminal Procedure of 1963, or
(vi) identifying and assisting in the prosecution of a person
who is suspected of committing a sexual assault as defined in

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Section 1a of the Sexual Assault Survivors Emergency Treatment
Act. Notwithstanding any other statutory provision to the
contrary, all information obtained under this Section shall be
maintained in a single State data base, which may be uploaded
into a national database, and which information may be subject
to expungement only as set forth in subsection (f-1).
(f-1) Upon receipt of notification of a reversal of a
conviction based on actual innocence, or of the granting of a
pardon pursuant to Section 12 of Article V of the Illinois
Constitution, if that pardon document specifically states that
the reason for the pardon is the actual innocence of an
individual whose DNA record has been stored in the State or
national DNA identification index in accordance with this
Section by the Illinois State Police, the DNA record shall be
expunged from the DNA identification index, and the Department
shall by rule prescribe procedures to ensure that the record
and any specimens, analyses, or other documents relating to
such record, whether in the possession of the Department or
any law enforcement or police agency, or any forensic DNA
laboratory, including any duplicates or copies thereof, are
destroyed and a letter is sent to the court verifying the
expungement is completed. For specimens required to be
collected prior to conviction, unless the individual has other
charges or convictions that require submission of a specimen,
the DNA record for an individual shall be expunged from the DNA
identification databases and the specimen destroyed upon

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receipt of a certified copy of a final court order for each
charge against an individual in which the charge has been
dismissed, resulted in acquittal, or that the charge was not
filed within the applicable time period. The Department shall
by rule prescribe procedures to ensure that the record and any
specimens in the possession or control of the Department are
destroyed and a letter is sent to the court verifying the
expungement is completed.
(f-5) Any person who intentionally uses genetic marker
grouping analysis information, or any other information
derived from a DNA specimen, beyond the authorized uses as
provided under this Section, or any other Illinois law, is
guilty of a Class 4 felony, and shall be subject to a fine of
not less than $5,000.
(f-6) The Illinois State Police may contract with third
parties for the purposes of implementing this amendatory Act
of the 93rd General Assembly, except as provided in subsection
(n) of this Section. Any other party contracting to carry out
the functions of this Section shall be subject to the same
restrictions and requirements of this Section insofar as
applicable, as the Illinois State Police, and to any
additional restrictions imposed by the Illinois State Police.
(g) For the purposes of this Section, "qualifying offense"
means any of the following:
(1) any violation or inchoate violation of Section
11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or

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12-16 of the Criminal Code of 1961 or the Criminal Code of
2012;
(1.1) any violation or inchoate violation of Section
9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of
1961 or the Criminal Code of 2012 for which persons are
convicted on or after July 1, 2001;
(2) any former statute of this State which defined a
felony sexual offense;
(3) (blank);
(4) any inchoate violation of Section 9-3.1, 9-3.4,
11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or
the Criminal Code of 2012; or
(5) any violation or inchoate violation of Article 29D
of the Criminal Code of 1961 or the Criminal Code of 2012.
(g-5) (Blank).
(h) The Illinois State Police shall be the State central
repository for all genetic marker grouping analysis
information obtained pursuant to this Act. The Illinois State
Police may promulgate rules for the form and manner of the
collection of blood, saliva, or tissue specimens and other
procedures for the operation of this Act. The provisions of
the Administrative Review Law shall apply to all actions taken
under the rules so promulgated.
(i)(1) A person required to provide a blood, saliva, or
tissue specimen shall cooperate with the collection of the

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specimen and any deliberate act by that person intended to
impede, delay or stop the collection of the blood, saliva, or
tissue specimen is a Class 4 felony.
(2) In the event that a person's DNA specimen is not
adequate for any reason, the person shall provide another DNA
specimen for analysis. Duly authorized law enforcement and
corrections personnel may employ reasonable force in cases in
which an individual refuses to provide a DNA specimen required
under this Act.
(j) (Blank).
(k) All analysis and categorization assessments provided
under the Criminal and Traffic Assessments Act to the State
Crime Laboratory Fund shall be regulated as follows:
(1) (Blank).
(2) (Blank).
(3) Moneys deposited into the State Crime Laboratory
Fund shall be used by Illinois State Police crime
laboratories as designated by the Director of the Illinois
State Police. These funds shall be in addition to any
allocations made pursuant to existing laws and shall be
designated for the exclusive use of State crime
laboratories. These uses may include, but are not limited
to, the following:
(A) Costs incurred in providing analysis and
genetic marker categorization as required by
subsection (d).

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(B) Costs incurred in maintaining genetic marker
groupings as required by subsection (e).
(C) Costs incurred in the purchase and maintenance
of equipment for use in performing analyses.
(D) Costs incurred in continuing research and
development of new techniques for analysis and genetic
marker categorization.
(E) Costs incurred in continuing education,
training, and professional development of forensic
scientists regularly employed by these laboratories.
(l) The failure of a person to provide a specimen, or of
any person or agency to collect a specimen, shall in no way
alter the obligation of the person to submit such specimen, or
the authority of the Illinois State Police or persons
designated by the Illinois State Police to collect the
specimen, or the authority of the Illinois State Police to
accept, analyze and maintain the specimen or to maintain or
upload results of genetic marker grouping analysis information
into a State or national database.
(m) If any provision of this amendatory Act of the 93rd
General Assembly is held unconstitutional or otherwise
invalid, the remainder of this amendatory Act of the 93rd
General Assembly is not affected.
(n) Neither the Illinois State Police, the Division of
Forensic Services, nor any laboratory of the Division of
Forensic Services may contract out forensic testing for the

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purpose of an active investigation or a matter pending before
a court of competent jurisdiction without the written consent
of the prosecuting agency. For the purposes of this subsection
(n), "forensic testing" includes the analysis of physical
evidence in an investigation or other proceeding for the
prosecution of a violation of the Criminal Code of 1961 or the
Criminal Code of 2012 or for matters adjudicated under the
Juvenile Court Act of 1987, and includes the use of forensic
databases and databanks, including DNA, firearm, and
fingerprint databases, and expert testimony.
(o) Mistake does not invalidate a database match. 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.
(p) This Section may be referred to as the Illinois DNA
Database Law of 2011.
(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)