Bill Text: IL HB5308 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Juvenile Court Act of 1987. Provides that the automatic expungement of juvenile law enforcement records and court records includes juvenile DNA records. Provides that in cases involving juvenile records that are not subject to automatic expungement, a person may petition for the expungement of the person's juvenile DNA records. Amends the Unified Code of Corrections. Deletes a provision that DNA shall be collected from a person who received a disposition of supervision under the Juvenile Court Act of 1987. Provides that whenever expungement is granted under the Juvenile Court Act of 1987, the DNA record shall be expunged from the DNA identification index, and the Illinois State Police 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 Illinois State Police 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. Provides that 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 shall not be submitted into the Federal Bureau of Investigation's Combined DNA Index System (CODIS).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB5308 Detail]

Download: Illinois-2023-HB5308-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5308 Introduced , by Rep. Lilian Jiménez SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-915
730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3
Amends the Juvenile Court Act of 1987. Provides that the automatic expungement of juvenile law enforcement records and court records includes juvenile DNA records. Provides that in cases involving juvenile records that are not subject to automatic expungement, a person may petition for the expungement of the person's juvenile DNA records. Amends the Unified Code of Corrections. Deletes a provision that DNA shall be collected from a person who received a disposition of supervision under the Juvenile Court Act of 1987. Provides that whenever expungement is granted under the Juvenile Court Act of 1987, the DNA record shall be expunged from the DNA identification index, and the Illinois State Police 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 Illinois State Police 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. Provides that 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 shall not be submitted into the Federal Bureau of Investigation's Combined DNA Index System (CODIS).
LRB103 37498 RLC 69547 b
A BILL FOR
HB5308 LRB103 37498 RLC 69547 b
AN ACT concerning juvenile records.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 5-915 as follows:
(705 ILCS 405/5-915)
Sec. 5-915. Expungement of juvenile law enforcement, and
juvenile court and juvenile DNA records.
(0.01) For purposes of this Section, law enforcement and
court records subject to expungement include DNA records.
(0.05) (Blank).
(0.1)(a) The Illinois State Police and all law enforcement
agencies within the State shall automatically expunge, on or
before January 1 of each year, except as described in
paragraph (c) of this subsection (0.1), all juvenile law
enforcement records and DNA records stored in State or
national DNA identification indices relating to events
occurring before an individual's 18th birthday if:
(1) one year or more has elapsed since the date of the
arrest or law enforcement interaction documented in the
records;
(2) no petition for delinquency or criminal charges
were filed with the clerk of the circuit court relating to

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the arrest or law enforcement interaction documented in
the records; and
(3) 6 months have elapsed since the date of the arrest
without an additional subsequent arrest or filing of a
petition for delinquency or criminal charges whether
related or not to the arrest or law enforcement
interaction documented in the records.
(b) If the law enforcement agency is unable to verify
satisfaction of conditions (2) and (3) of this subsection
(0.1), records that satisfy condition (1) of this subsection
(0.1) shall be automatically expunged if the records relate to
an offense that if committed by an adult would not be an
offense classified as a Class 2 felony or higher, an offense
under Article 11 of the Criminal Code of 1961 or Criminal Code
of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961.
(c) If the juvenile law enforcement record was received
through a public submission to a statewide student
confidential reporting system administered by the Illinois
State Police, the record will be maintained for a period of 5
years according to all other provisions in this subsection
(0.1).
(0.15) If a juvenile law enforcement record meets
paragraph (a) of subsection (0.1) of this Section, a juvenile
law enforcement record created:
(1) prior to January 1, 2018, but on or after January

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1, 2013 shall be automatically expunged prior to January
1, 2020;
(2) prior to January 1, 2013, but on or after January
1, 2000, shall be automatically expunged prior to January
1, 2023; and
(3) prior to January 1, 2000 shall not be subject to
the automatic expungement provisions of this Act.
Nothing in this subsection (0.15) shall be construed to
restrict or modify an individual's right to have the person's
juvenile law enforcement records expunged except as otherwise
may be provided in this Act.
(0.2)(a) Upon dismissal of a petition alleging delinquency
or upon a finding of not delinquent, the successful
termination of an order of supervision, or the successful
termination of an adjudication for an offense which would be a
Class B misdemeanor, Class C misdemeanor, or a petty or
business offense if committed by an adult, the court shall
automatically order the expungement of the juvenile court
records, and juvenile law enforcement records, and juvenile
DNA records. The clerk shall deliver a certified copy of the
expungement order to the Illinois State Police and the
arresting agency. Upon request, the State's Attorney shall
furnish the name of the arresting agency. The expungement
shall be completed within 60 business days after the receipt
of the expungement order.
(b) If the chief law enforcement officer of the agency, or

HB5308 - 4 - LRB103 37498 RLC 69547 b
the chief law enforcement officer's designee, certifies in
writing that certain information is needed for a pending
investigation involving the commission of a felony, that
information, and information identifying the juvenile, may be
retained until the statute of limitations for the felony has
run. If the chief law enforcement officer of the agency, or the
chief law enforcement officer's designee, certifies in writing
that certain information is needed with respect to an internal
investigation of any law enforcement office, that information
and information identifying the juvenile may be retained
within an intelligence file until the investigation is
terminated or the disciplinary action, including appeals, has
been completed, whichever is later. Retention of a portion of
a juvenile's law enforcement record does not disqualify the
remainder of a juvenile's record from immediate automatic
expungement.
(0.3)(a) Upon an adjudication of delinquency based on any
offense except a disqualified offense, the juvenile court
shall automatically order the expungement of the juvenile
court, and law enforcement, and juvenile DNA records 2 years
after the juvenile's case was closed if no delinquency or
criminal proceeding is pending and the person has had no
subsequent delinquency adjudication or criminal conviction.
The clerk shall deliver a certified copy of the expungement
order to the Illinois State Police and the arresting agency.
Upon request, the State's Attorney shall furnish the name of

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the arresting agency. The expungement shall be completed
within 60 business days after the receipt of the expungement
order. In this subsection (0.3), "disqualified offense" means
any of the following offenses: Section 8-1.2, 9-1, 9-1.2, 9-2,
9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9,
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5,
12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1,
18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,
24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,
29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal
Code of 2012, or subsection (b) of Section 8-1, paragraph (4)
of subsection (a) of Section 11-14.4, subsection (a-5) of
Section 12-3.1, paragraph (1), (2), or (3) of subsection (a)
of Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
paragraph (1) or (2) of subsection (a) of Section 12-7.4,
subparagraph (i) of paragraph (1) of subsection (a) of Section
12-9, subparagraph (H) of paragraph (3) of subsection (a) of
Section 24-1.6, paragraph (1) of subsection (a) of Section
25-1, or subsection (a-7) of Section 31-1 of the Criminal Code
of 2012.
(b) If the chief law enforcement officer of the agency, or
the chief law enforcement officer's designee, certifies in
writing that certain information is needed for a pending
investigation involving the commission of a felony, that
information, and information identifying the juvenile, may be

HB5308 - 6 - LRB103 37498 RLC 69547 b
retained in an intelligence file until the investigation is
terminated or for one additional year, whichever is sooner.
Retention of a portion of a juvenile's juvenile law
enforcement record does not disqualify the remainder of a
juvenile's record from immediate automatic expungement.
(0.4) Automatic expungement for the purposes of this
Section shall not require law enforcement agencies to
obliterate or otherwise destroy juvenile law enforcement
records that would otherwise need to be automatically expunged
under this Act, except after 2 years following the subject
arrest for purposes of use in civil litigation against a
governmental entity or its law enforcement agency or personnel
which created, maintained, or used the records. However, these
juvenile law enforcement records shall be considered expunged
for all other purposes during this period and the offense,
which the records or files concern, shall be treated as if it
never occurred as required under Section 5-923.
(0.5) Subsection (0.1) or (0.2) of this Section does not
apply to violations of traffic, boating, fish and game laws,
or county or municipal ordinances.
(0.6) Juvenile law enforcement records of a plaintiff who
has filed civil litigation against the governmental entity or
its law enforcement agency or personnel that created,
maintained, or used the records, or juvenile law enforcement
records that contain information related to the allegations
set forth in the civil litigation may not be expunged until

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after 2 years have elapsed after the conclusion of the
lawsuit, including any appeal.
(0.7) Officer-worn body camera recordings shall not be
automatically expunged except as otherwise authorized by the
Law Enforcement Officer-Worn Body Camera Act.
(1) Whenever a person has been arrested, charged, or
adjudicated delinquent for an incident occurring before a
person's 18th birthday that if committed by an adult would be
an offense, and that person's juvenile law enforcement, and
juvenile court records, and juvenile DNA records are not
eligible for automatic expungement under subsection (0.1),
(0.2), or (0.3), the person may petition the court at any time
at no cost to the person for expungement of juvenile law
enforcement records, and juvenile court records, and juvenile
DNA records relating to the incident and, upon termination of
all juvenile court proceedings relating to that incident, the
court shall order the expungement of all records in the
possession of the Illinois State Police, the clerk of the
circuit court, and law enforcement agencies relating to the
incident, but only in any of the following circumstances:
(a) the minor was arrested and no petition for
delinquency was filed with the clerk of the circuit court;
(a-5) the minor was charged with an offense and the
petition or petitions were dismissed without a finding of
delinquency;
(b) the minor was charged with an offense and was

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found not delinquent of that offense;
(c) the minor was placed under supervision under
Section 5-615, and the order of supervision has since been
successfully terminated; or
(d) the minor was adjudicated for an offense which
would be a Class B misdemeanor, Class C misdemeanor, or a
petty or business offense if committed by an adult.
(1.5) At no cost to the person, the Illinois State Police
shall allow a person to use the Access and Review process,
established in the Illinois State Police, for verifying that
the person's juvenile law enforcement records relating to
incidents occurring before the person's 18th birthday eligible
under this Act have been expunged.
(1.6) (Blank).
(1.7) (Blank).
(1.8) (Blank).
(2) Any person whose delinquency adjudications are not
eligible for automatic expungement under subsection (0.3) of
this Section may petition the court at no cost to the person to
expunge all juvenile law enforcement and juvenile DNA records
relating to any incidents occurring before the person's 18th
birthday which did not result in proceedings in criminal court
and all juvenile court and juvenile DNA records with respect
to any adjudications except those based upon first degree
murder or an offense under Article 11 of the Criminal Code of
2012 if the person is required to register under the Sex

HB5308 - 9 - LRB103 37498 RLC 69547 b
Offender Registration Act at the time the person petitions the
court for expungement; provided that 2 years have elapsed
since all juvenile court proceedings relating to the person
have been terminated and the person's commitment to the
Department of Juvenile Justice under this Act has been
terminated.
(2.5) If a minor is arrested and no petition for
delinquency is filed with the clerk of the circuit court at the
time the minor is released from custody, the youth officer, if
applicable, or other designated person from the arresting
agency, shall notify verbally and in writing to the minor or
the minor's parents or guardians that the minor shall have an
arrest record and, if applicable, a DNA record and shall
provide the minor and the minor's parents or guardians with an
expungement information packet, information regarding this
State's expungement laws including a petition to expunge
juvenile law enforcement and juvenile court records obtained
from the clerk of the circuit court.
(2.6) If a minor is referred to court, then, at the time of
sentencing, dismissal of the case, or successful completion of
supervision, the judge shall inform the delinquent minor of
the minor's rights regarding expungement and the clerk of the
circuit court shall provide an expungement information packet
to the minor, written in plain language, including information
regarding this State's expungement laws and a petition for
expungement, a sample of a completed petition, expungement

HB5308 - 10 - LRB103 37498 RLC 69547 b
instructions that shall include information informing the
minor that (i) once the case is expunged, it shall be treated
as if it never occurred, (ii) the minor shall not be charged a
fee to petition for expungement, (iii) once the minor obtains
an expungement, the minor may not be required to disclose that
the minor had a juvenile law enforcement , juvenile DNA, or
juvenile court record, and (iv) if petitioning the minor may
file the petition on the minor's own or with the assistance of
an attorney. The failure of the judge to inform the delinquent
minor of the minor's right to petition for expungement as
provided by law does not create a substantive right, nor is
that failure grounds for: (i) a reversal of an adjudication of
delinquency; (ii) a new trial; or (iii) an appeal.
(2.7) (Blank).
(2.8) (Blank).
(3) (Blank).
(3.1) (Blank).
(3.2) (Blank).
(3.3) (Blank).
(4) (Blank).
(5) (Blank).
(5.5) Whether or not expunged, records eligible for
automatic expungement under subdivision (0.1)(a), (0.2)(a), or
(0.3)(a) may be treated as expunged by the individual subject
to the records.
(6) (Blank).

HB5308 - 11 - LRB103 37498 RLC 69547 b
(6.5) The Illinois State Police or any employee of the
Illinois State Police shall be immune from civil or criminal
liability for failure to expunge any records of arrest that
are subject to expungement under this Section because of
inability to verify a record. Nothing in this Section shall
create Illinois State Police liability or responsibility for
the expungement of juvenile law enforcement records it does
not possess.
(7) (Blank).
(7.5) (Blank).
(8) The expungement of juvenile law enforcement, juvenile
DNA, or juvenile court records under subsection (0.1), (0.2),
or (0.3) of this Section shall be funded by appropriation by
the General Assembly for that purpose.
(9) (Blank).
(10) (Blank).
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
102-752, eff. 1-1-23; 103-22, eff. 8-8-23; 103-154, eff.
6-30-23; 103-379, eff. 7-28-23; revised 8-30-23.)
Section 10. 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 or , found guilty under the

HB5308 - 12 - LRB103 37498 RLC 69547 b
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
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 in which judgment is not withheld, or
conditional discharge or any other form of sentence, or
given a disposition of court supervision for the offense;
(1.5) 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,

HB5308 - 13 - LRB103 37498 RLC 69547 b
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
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 January 1, 1998 (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 or natural life, 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

HB5308 - 14 - LRB103 37498 RLC 69547 b
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.
(a-2) Any person sentenced to life imprisonment in a
facility of the Illinois Department of Corrections after June
13, 2005 (the effective date of Public Act 94-16) 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 June 13, 2005 (the effective date
of Public Act 94-16) this amendatory Act of the 94th General
Assembly or any person who is under a sentence of death on June
13, 2005 (the effective date of Public Act 94-16) this

HB5308 - 15 - LRB103 37498 RLC 69547 b
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
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

HB5308 - 16 - LRB103 37498 RLC 69547 b
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
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.

HB5308 - 17 - LRB103 37498 RLC 69547 b
(b-5) Any person required by paragraph (a)(1.5) to provide
specimens of blood, saliva, or tissue shall provide specimens
of blood, saliva, or tissue within 45 days after all appeals
have been completed.
(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.
(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),

HB5308 - 18 - LRB103 37498 RLC 69547 b
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
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

HB5308 - 19 - LRB103 37498 RLC 69547 b
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.
(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

HB5308 - 20 - LRB103 37498 RLC 69547 b
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
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

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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
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.

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(f-2) Whenever expungement is granted under Section 5-915
of the Juvenile Court Act of 1987, the DNA record shall be
expunged from the DNA identification index, and the Illinois
State Police 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
Illinois State Police 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 shall not be submitted into the Federal
Bureau of Investigation's Combined DNA Index System (CODIS).
(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 Public Act 93-216
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

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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
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

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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
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 Assessment 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

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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).
(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.

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