Bill Amendment: IL SB3098 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: STATE POLICE-FUND TRANSFER

Status: 2021-01-13 - Session Sine Die [SB3098 Detail]

Download: Illinois-2019-SB3098-Senate_Amendment_003.html

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Sen. Heather A. Steans

Filed: 3/2/2020

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AMENDMENT TO SENATE BILL 3098
AMENDMENT NO. ______. Amend Senate Bill 3098 by replacing
everything after the enacting clause with the following:
"Section 5. The Department of State Police Law of the Civil
Administrative Code of Illinois is amended by changing Section
2605-410 as follows:
(20 ILCS 2605/2605-410)
Sec. 2605-410. Over Dimensional Load Police Escort Fund. To
charge, collect, and receive fees or moneys as described in
Section 15-312 of the Illinois Vehicle Code. All fees received
by the Illinois State Police under Section 15-312 of the
Illinois Vehicle Code shall be deposited into the Over
Dimensional Load Police Escort Fund, a special fund that is
created in the State treasury. Subject to appropriation, the
money in the Over Dimensional Load Police Escort Fund shall be
used by the Department for its expenses in providing police

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escorts and commercial vehicle enforcement activities. This
Fund is dissolved upon the transfer of the remaining balance
from the Over Dimensional Load Police Escort Fund to the State
Police Operations Assistance Fund as provided under subsection
(a-5) of Section 6z-82 of the State Finance Act. This Section
is repealed on January 1, 2022.
(Source: P.A. 95-787, eff. 1-1-09.)
Section 10. The State Finance Act is amended by changing
Sections 5.457, 5.714, 5.664, and 6z-82 as follows:
(30 ILCS 105/5.457)
Sec. 5.457. The State Offender DNA Identification System
Fund. This Fund is dissolved upon the transfer of the remaining
balance from the State Offender DNA Identification System Fund
to the State Crime Laboratory Fund as provided under subsection
(e) of Section 5-9-1.4 of the Unified Code of Corrections. This
Section is repealed on January 1, 2022.
(Source: P.A. 90-130, eff. 1-1-98; 90-655, eff. 7-30-98.)
(30 ILCS 105/5.664)
Sec. 5.664. The State Police Vehicle Maintenance Fund. This
Fund is dissolved upon the transfer of the remaining balance
from the State Police Vehicle Maintenance Fund to the State
Police Vehicle Fund as provided under subsection (b) of Section
7c of the State Property Control Act. This Section is repealed

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on January 1, 2022.
(Source: P.A. 94-839, eff. 6-6-06.)
(30 ILCS 105/5.714)
Sec. 5.714. The Over Dimensional Load Police Escort Fund.
This Fund is dissolved upon the transfer of the remaining
balance from the Over Dimensional Load Police Escort Fund to
the State Police Operations Assistance Fund as provided under
subsection (a-5) of Section 6z-82 of the State Finance Act.
This Section is repealed on January 1, 2022.
(Source: P.A. 95-787, eff. 1-1-09; 96-328, eff. 8-11-09.)
(30 ILCS 105/6z-82)
Sec. 6z-82. State Police Operations Assistance Fund.
(a) There is created in the State treasury a special fund
known as the State Police Operations Assistance Fund. The Fund
shall receive revenue under the Criminal and Traffic Assessment
Act. The Fund may also receive revenue from grants, donations,
appropriations, and any other legal source.
(a-5) Notwithstanding any other provision of law to the
contrary, and in addition to any other transfers that may be
provided by law, on the effective date of this amendatory Act
of the 101st General Assembly, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the remaining balance from the Over
Dimensional Load Police Escort Fund into the State Police

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Operations Assistance Fund. Upon completion of the transfer,
the Over Dimensional Load Police Escort Fund is dissolved, and
any future deposits due to that Fund and any outstanding
obligations or liabilities of that Fund shall pass to the State
Police Operations Assistance Fund.
This Fund may charge, collect, and receive fees or moneys
as described in Section 15-312 of the Illinois Vehicle Code,
and receive all fees received by the Illinois State Police
under that Section. The moneys shall be used by the Illinois
State Police for its expenses in providing police escorts and
commercial vehicle enforcement activities.
(b) The Illinois Department of State Police may use moneys
in the Fund to finance any of its lawful purposes or functions.
(c) Expenditures may be made from the Fund only as
appropriated by the General Assembly by law.
(d) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(e) The State Police Operations Assistance Fund shall not
be subject to administrative chargebacks.
(f) Notwithstanding any other provision of State law to the
contrary, on or after July 1, 2012, and until June 30, 2013, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Director of the Illinois State Police, the State Comptroller
shall direct and the State Treasurer shall transfer amounts

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into the State Police Operations Assistance Fund from the
designated funds not exceeding the following totals:
State Police Vehicle Fund.....................$2,250,000
State Police Wireless Service
Emergency Fund............................$2,500,000
State Police Services Fund....................$3,500,000
(Source: P.A. 100-987, eff. 7-1-19.)
Section 15. The State Property Control Act is amended by
changing Sections 7b and 7c as follows:
(30 ILCS 605/7b)
Sec. 7b. Maintenance and operation of State Police
vehicles. All proceeds received by the Department of Central
Management Services under this Act from the sale of vehicles
operated by the Illinois Department of State Police, except for
a $500 handling fee to be retained by the Department of Central
Management Services for each vehicle sold, shall be deposited
into the State Police Vehicle Fund State Police Vehicle
Maintenance Fund. However, in lieu of the $500 handling fee as
provided by this paragraph, the Department of Central
Management Services shall retain all proceeds from the sale of
any vehicle for which $500 or a lesser amount is collected.
The State Police Vehicle Maintenance Fund is created as a
special fund in the State treasury. All moneys in the State
Police Vehicle Maintenance Fund, subject to appropriation,

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shall be used by the Department of State Police for the
maintenance and operation of vehicles for that Department.
(Source: P.A. 94-839, eff. 6-6-06.)
(30 ILCS 605/7c)
Sec. 7c. Acquisition of State Police vehicles.
(a) The State Police Vehicle Fund is created as a special
fund in the State treasury. All moneys in the Fund, subject to
appropriation, shall be used by the Illinois Department of
State Police:
(1) for the acquisition of vehicles for the Illinois
State Police that Department; or
(2) for debt service on bonds issued to finance the
acquisition of vehicles for the Illinois State Police; or
that Department.
(3) for the maintenance and operation of vehicles for
the Illinois State Police.
(b) Notwithstanding any other provision of law to the
contrary, and in addition to any other transfers that may be
provided by law, on the effective date of this amendatory Act
of the 101st General Assembly, or as soon thereafter as
practicable, the State Comptroller shall direct and the State
Treasurer shall transfer the remaining balance from the State
Police Vehicle Maintenance Fund into the State Police Vehicle
Fund. Upon completion of the transfer, the State Police Vehicle
Maintenance Fund is dissolved, and any future deposits due to

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that Fund and any outstanding obligations or liabilities of
that Fund shall pass to the State Police Vehicle Fund.
(Source: P.A. 100-987, eff. 7-1-19.)
Section 20. The Illinois Vehicle Code is amended by
changing Section 15-312 as follows:
(625 ILCS 5/15-312) (from Ch. 95 1/2, par. 15-312)
Sec. 15-312. Fees for police escort. When State Police
escorts are required by the Department of Transportation for
the safety of the motoring public, the following fees shall be
paid by the applicant:
(1) to the Department of Transportation: $40 per hour
per vehicle based upon the pre-estimated time of the
movement to be agreed upon between the Department and the
applicant, with a minimum fee of $80 per vehicle; and
(2) to the Illinois State Police: $75 per hour per
State Police vehicle based upon the actual time of the
movement, with a minimum fee of $300 per State Police
vehicle. The Illinois State Police shall remit the moneys
to the State Treasurer, who shall deposit the moneys into
the State Police Operations Assistance Fund Over
Dimensional Load Police Escort Fund.
The actual time of the movement shall be the time the
police escort is required to pick up the movement to the time
the movement is completed. Any delays or breakdowns shall be

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considered part of the movement time. Any fraction of an hour
shall be rounded up to the next whole hour.
(Source: P.A. 100-1090, eff. 1-1-19.)
Section 25. The Criminal and Traffic Assessment Act is
amended by changing Section 15-70 as follows:
(705 ILCS 135/15-70)
(Section scheduled to be repealed on January 1, 2021)
Sec. 15-70. Conditional assessments. In addition to
payments under one of the Schedule of Assessments 1 through 13
of this Act, the court shall also order payment of any of the
following conditional assessment amounts for each sentenced
violation in the case to which a conditional assessment is
applicable, which shall be collected and remitted by the Clerk
of the Circuit Court as provided in this Section:
(1) arson, residential arson, or aggravated arson,
$500 per conviction to the State Treasurer for deposit into
the Fire Prevention Fund;
(2) child pornography under Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012, $500
per conviction, unless more than one agency is responsible
for the arrest in which case the amount shall be remitted
to each unit of government equally:
(A) if the arresting agency is an agency of a unit
of local government, $500 to the treasurer of the unit

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of local government for deposit into the unit of local
government's General Fund, except that if the Illinois
State Police Department of State Police provides
digital or electronic forensic examination assistance,
or both, to the arresting agency then $100 to the State
Treasurer for deposit into the State Crime Laboratory
Fund; or
(B) if the arresting agency is the Illinois
Department of State Police, $500 to the State Treasurer
for deposit into the State Crime Laboratory Fund;
(3) crime laboratory drug analysis for a drug-related
offense involving possession or delivery of cannabis or
possession or delivery of a controlled substance as defined
in the Cannabis Control Act, the Illinois Controlled
Substances Act, or the Methamphetamine Control and
Community Protection Act, $100 reimbursement for
laboratory analysis, as set forth in subsection (f) of
Section 5-9-1.4 of the Unified Code of Corrections;
(4) DNA analysis, $250 on each conviction in which it
was used to the State Treasurer for deposit into the State
Crime Laboratory Fund State Offender DNA Identification
System Fund as set forth in Section 5-9-1.4 5-4-3 of the
Unified Code of Corrections;
(5) DUI analysis, $150 on each sentenced violation in
which it was used as set forth in subsection (f) of Section
5-9-1.9 of the Unified Code of Corrections;

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(6) drug-related offense involving possession or
delivery of cannabis or possession or delivery of a
controlled substance, other than methamphetamine, as
defined in the Cannabis Control Act or the Illinois
Controlled Substances Act, an amount not less than the full
street value of the cannabis or controlled substance seized
for each conviction to be disbursed as follows:
(A) 12.5% of the street value assessment shall be
paid into the Youth Drug Abuse Prevention Fund, to be
used by the Department of Human Services for the
funding of programs and services for drug-abuse
treatment, and prevention and education services;
(B) 37.5% to the county in which the charge was
prosecuted, to be deposited into the county General
Fund;
(C) 50% to the treasurer of the arresting law
enforcement agency of the municipality or county, or to
the State Treasurer if the arresting agency was a state
agency;
(D) if the arrest was made in combination with
multiple law enforcement agencies, the clerk shall
equitably allocate the portion in subparagraph (C) of
this paragraph (6) among the law enforcement agencies
involved in the arrest;
(6.5) Kane County or Will County, in felony,
misdemeanor, local or county ordinance, traffic, or

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conservation cases, up to $30 as set by the county board
under Section 5-1101.3 of the Counties Code upon the entry
of a judgment of conviction, an order of supervision, or a
sentence of probation without entry of judgment under
Section 10 of the Cannabis Control Act, Section 410 of the
Illinois Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
the Criminal Code of 1961 or the Criminal Code of 2012,
Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, or Section 10 of the Steroid Control Act;
except in local or county ordinance, traffic, and
conservation cases, if fines are paid in full without a
court appearance, then the assessment shall not be imposed
or collected. Distribution of assessments collected under
this paragraph (6.5) shall be as provided in Section
5-1101.3 of the Counties Code;
(7) methamphetamine-related offense involving
possession or delivery of methamphetamine or any salt of an
optical isomer of methamphetamine or possession of a
methamphetamine manufacturing material as set forth in
Section 10 of the Methamphetamine Control and Community
Protection Act with the intent to manufacture a substance
containing methamphetamine or salt of an optical isomer of
methamphetamine, an amount not less than the full street
value of the methamphetamine or salt of an optical isomer

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of methamphetamine or methamphetamine manufacturing
materials seized for each conviction to be disbursed as
follows:
(A) 12.5% of the street value assessment shall be
paid into the Youth Drug Abuse Prevention Fund, to be
used by the Department of Human Services for the
funding of programs and services for drug-abuse
treatment, and prevention and education services;
(B) 37.5% to the county in which the charge was
prosecuted, to be deposited into the county General
Fund;
(C) 50% to the treasurer of the arresting law
enforcement agency of the municipality or county, or to
the State Treasurer if the arresting agency was a state
agency;
(D) if the arrest was made in combination with
multiple law enforcement agencies, the clerk shall
equitably allocate the portion in subparagraph (C) of
this paragraph (6) among the law enforcement agencies
involved in the arrest;
(8) order of protection violation under Section 12-3.4
of the Criminal Code of 2012, $200 for each conviction to
the county treasurer for deposit into the Probation and
Court Services Fund for implementation of a domestic
violence surveillance program and any other assessments or
fees imposed under Section 5-9-1.16 of the Unified Code of

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Corrections;
(9) order of protection violation, $25 for each
violation to the State Treasurer, for deposit into the
Domestic Violence Abuser Services Fund;
(10) prosecution by the State's Attorney of a:
(A) petty or business offense, $4 to the county
treasurer of which $2 deposited into the State's
Attorney Records Automation Fund and $2 into the Public
Defender Records Automation Fund;
(B) conservation or traffic offense, $2 to the
county treasurer for deposit into the State's Attorney
Records Automation Fund;
(11) speeding in a construction zone violation, $250 to
the State Treasurer for deposit into the Transportation
Safety Highway Hire-back Fund, unless (i) the violation
occurred on a highway other than an interstate highway and
(ii) a county police officer wrote the ticket for the
violation, in which case to the county treasurer for
deposit into that county's Transportation Safety Highway
Hire-back Fund;
(12) supervision disposition on an offense under the
Illinois Vehicle Code or similar provision of a local
ordinance, 50 cents, unless waived by the court, into the
Prisoner Review Board Vehicle and Equipment Fund;
(13) victim and offender are family or household
members as defined in Section 103 of the Illinois Domestic

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Violence Act of 1986 and offender pleads guilty or no
contest to or is convicted of murder, voluntary
manslaughter, involuntary manslaughter, burglary,
residential burglary, criminal trespass to residence,
criminal trespass to vehicle, criminal trespass to land,
criminal damage to property, telephone harassment,
kidnapping, aggravated kidnaping, unlawful restraint,
forcible detention, child abduction, indecent solicitation
of a child, sexual relations between siblings,
exploitation of a child, child pornography, assault,
aggravated assault, battery, aggravated battery, heinous
battery, aggravated battery of a child, domestic battery,
reckless conduct, intimidation, criminal sexual assault,
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual abuse, aggravated
criminal sexual abuse, violation of an order of protection,
disorderly conduct, endangering the life or health of a
child, child abandonment, contributing to dependency or
neglect of child, or cruelty to children and others, $200
for each sentenced violation to the State Treasurer for
deposit as follows: (i) for sexual assault, as defined in
Section 5-9-1.7 of the Unified Code of Corrections, when
the offender and victim are family members, one-half to the
Domestic Violence Shelter and Service Fund, and one-half to
the Sexual Assault Services Fund; (ii) for the remaining
offenses to the Domestic Violence Shelter and Service Fund;

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(14) violation of Section 11-501 of the Illinois
Vehicle Code, Section 5-7 of the Snowmobile Registration
and Safety Act, Section 5-16 of the Boat Registration and
Safety Act, or a similar provision, whose operation of a
motor vehicle, snowmobile, or watercraft while in
violation of Section 11-501, Section 5-7 of the Snowmobile
Registration and Safety Act, Section 5-16 of the Boat
Registration and Safety Act, or a similar provision
proximately caused an incident resulting in an appropriate
emergency response, $1,000 maximum to the public agency
that provided an emergency response related to the person's
violation, and if more than one agency responded, the
amount payable to public agencies shall be shared equally;
(15) violation of Section 401, 407, or 407.2 of the
Illinois Controlled Substances Act that proximately caused
any incident resulting in an appropriate drug-related
emergency response, $1,000 as reimbursement for the
emergency response to the law enforcement agency that made
the arrest, and if more than one agency is responsible for
the arrest, the amount payable to law enforcement agencies
shall be shared equally;
(16) violation of reckless driving, aggravated
reckless driving, or driving 26 miles per hour or more in
excess of the speed limit that triggered an emergency
response, $1,000 maximum reimbursement for the emergency
response to be distributed in its entirety to a public

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agency that provided an emergency response related to the
person's violation, and if more than one agency responded,
the amount payable to public agencies shall be shared
equally;
(17) violation based upon each plea of guilty,
stipulation of facts, or finding of guilt resulting in a
judgment of conviction or order of supervision for an
offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
the Criminal Code of 2012 that results in the imposition of
a fine, to be distributed as follows:
(A) $50 to the county treasurer for deposit into
the Circuit Court Clerk Operation and Administrative
Fund to cover the costs in administering this paragraph
(17);
(B) $300 to the State Treasurer who shall deposit
the portion as follows:
(i) if the arresting or investigating agency
is the Illinois Department of State Police, into
the State Police Law Enforcement Administration
Fund;
(ii) if the arresting or investigating agency
is the Department of Natural Resources, into the
Conservation Police Operations Assistance Fund;
(iii) if the arresting or investigating agency
is the Secretary of State, into the Secretary of
State Police Services Fund;

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(iv) if the arresting or investigating agency
is the Illinois Commerce Commission, into the
Public Utility Fund; or
(v) if more than one of the State agencies in
this subparagraph (B) is the arresting or
investigating agency, then equal shares with the
shares deposited as provided in the applicable
items (i) through (iv) of this subparagraph (B);
and
(C) the remainder for deposit into the Specialized
Services for Survivors of Human Trafficking Fund;
(18) weapons violation under Section 24-1.1, 24-1.2,
or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
of 2012, $100 for each conviction to the State Treasurer
for deposit into the Trauma Center Fund; and
(19) violation of subsection (c) of Section 11-907 of
the Illinois Vehicle Code, $250 to the State Treasurer for
deposit into the Scott's Law Fund, unless a county or
municipal police officer wrote the ticket for the
violation, in which case to the county treasurer for
deposit into that county's or municipality's
Transportation Safety Highway Hire-back Fund to be used as
provided in subsection (j) of Section 11-907 of the
Illinois Vehicle Code.
(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19;
101-173, eff. 1-1-20.)

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Section 30. The Unified Code of Corrections is amended by
changing Sections 5-4-3 and 5-9-1.4 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
Department of 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

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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) 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
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

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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.
(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

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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 Department of 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 Department of
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
Department of 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
Department of State Police.
(a-3.2) On or after January 1, 2012 (the effective date of

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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
Department of 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 Department of 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

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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
Department of 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 Department of 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.
(c-5.2) Unless it is determined that a registered sex

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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 Department of 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 Department of State Police
may require the submission of fingerprints from anyone required
to give a specimen under this Act.
(d) The Illinois Department of 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 Department of State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings.

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(d-1) The Illinois Department of 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 Department of State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings.
(d-2) The Illinois Department of 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 Department of 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
Department of 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 Department of

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State Police and the Illinois Department of 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 Department of 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

10100SB3098sam003 - 27 - LRB101 16896 RJF 70958 a
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
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 Department of 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

10100SB3098sam003 - 28 - LRB101 16896 RJF 70958 a
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.
(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 Department of 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 Department of State Police, and
to any additional restrictions imposed by the Illinois
Department of State Police.
(g) For the purposes of this Section, "qualifying offense"
means any of the following:

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(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 Department of State Police shall be the
State central repository for all genetic marker grouping
analysis information obtained pursuant to this Act. The
Illinois Department of 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.

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(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 Assessments Act to the State
Crime Laboratory Fund State Offender DNA Identification System
Fund shall be regulated as follows:
(1) (Blank). The State Offender DNA Identification
System Fund is hereby created as a special fund in the
State Treasury.
(2) (Blank).
(3) Moneys deposited into the State Crime Laboratory
Fund State Offender DNA Identification System 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

10100SB3098sam003 - 31 - LRB101 16896 RJF 70958 a
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 Department of State Police or
persons designated by the Illinois State Police Department to
collect the specimen, or the authority of the Illinois
Department of 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

10100SB3098sam003 - 32 - LRB101 16896 RJF 70958 a
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 Department of State Police, the
Division of Forensic Services, nor any laboratory of the
Division of Forensic Services may contract out forensic testing
for the 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. 100-987, eff. 7-1-19.)
(730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)

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Sec. 5-9-1.4. (a) "Crime laboratory" means any
not-for-profit laboratory registered with the Drug Enforcement
Administration of the United States Department of Justice,
substantially funded by a unit or combination of units of local
government or the State of Illinois, which regularly employs at
least one person engaged in the analysis of controlled
substances, cannabis, methamphetamine, or steroids for
criminal justice agencies in criminal matters and provides
testimony with respect to such examinations.
(b) (Blank).
(c) In addition to any other disposition made pursuant to
the provisions of the Juvenile Court Act of 1987, any minor
adjudicated delinquent for an offense which if committed by an
adult would constitute a violation of the Cannabis Control Act,
the Illinois Controlled Substances Act, the Methamphetamine
Control and Community Protection Act, or the Steroid Control
Act shall be required to pay a criminal laboratory analysis
assessment of $100 for each adjudication. Upon verified
petition of the minor, the court may suspend payment of all or
part of the assessment if it finds that the minor does not have
the ability to pay the assessment. The parent, guardian or
legal custodian of the minor may pay some or all of such
assessment on the minor's behalf.
(d) All criminal laboratory analysis fees provided for by
this Section shall be collected by the clerk of the court and
forwarded to the appropriate crime laboratory fund as provided

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in subsection (f).
(e) Crime laboratory funds shall be established as follows:
(1) Any unit of local government which maintains a
crime laboratory may establish a crime laboratory fund
within the office of the county or municipal treasurer.
(2) Any combination of units of local government which
maintains a crime laboratory may establish a crime
laboratory fund within the office of the treasurer of the
county where the crime laboratory is situated.
(3) The State Crime Laboratory Fund is hereby created
as a special fund in the State Treasury. Notwithstanding
any other provision of law to the contrary, and in addition
to any other transfers that may be provided by law, on the
effective date of this amendatory Act of the 101st General
Assembly, or as soon thereafter as practical, the State
Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the State Offender DNA
Identification System Fund into the State Crime Laboratory
Fund. Upon completion of the transfer, the State Offender
DNA Identification System Fund is dissolved, and any future
deposits due to that Fund and any outstanding obligations
or liabilities of that Fund shall pass to the State Crime
Laboratory Fund.
(f) The analysis assessment provided for in subsection (c)
of this Section shall be forwarded to the office of the
treasurer of the unit of local government that performed the

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analysis if that unit of local government has established a
crime laboratory fund, or to the State Crime Laboratory Fund if
the analysis was performed by a laboratory operated by the
Illinois State Police. If the analysis was performed by a crime
laboratory funded by a combination of units of local
government, the analysis assessment shall be forwarded to the
treasurer of the county where the crime laboratory is situated
if a crime laboratory fund has been established in that county.
If the unit of local government or combination of units of
local government has not established a crime laboratory fund,
then the analysis assessment shall be forwarded to the State
Crime Laboratory Fund.
(g) Moneys deposited into a crime laboratory fund created
pursuant to paragraphs (1) or (2) of subsection (e) of this
Section shall be in addition to any allocations made pursuant
to existing law and shall be designated for the exclusive use
of the crime laboratory. These uses may include, but are not
limited to, the following:
(1) costs incurred in providing analysis for
controlled substances in connection with criminal
investigations conducted within this State;
(2) purchase and maintenance of equipment for use in
performing analyses; and
(3) continuing education, training and professional
development of forensic scientists regularly employed by
these laboratories.

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(h) Moneys deposited in the State Crime Laboratory Fund
created pursuant to paragraph (3) of subsection (d) of this
Section shall be used by State 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 law
and shall be designated for the exclusive use of State crime
laboratories or for the sexual assault evidence tracking system
created under Section 50 of the Sexual Assault Evidence
Submission Act. These uses may include those enumerated in
subsection (g) of this Section.
(Source: P.A. 100-987, eff. 7-1-19; 101-377, eff. 8-16-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.".