Bill Text: IL HB0161 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Hospital Licensing Act and the Code of Criminal Procedure of 1963. Provides that each licensed hospital shall designate patient-care areas under rules adopted by the Department of Public Health. These areas shall include examination and operating rooms and out-patient care areas of the hospital. Provides that each licensed hospital shall post a sign of a type and size specified by the Department of Public Health in a conspicuous place at the entrance of each patient-care area of the hospital stating that peace officers may not enter the area without the knowing consent of the health supervisor or a valid search warrant. Provides that each hospital shall designate one of its staff as a health supervisor. Provides that the health supervisor shall be the person designated by the hospital to communicate and interact with peace officers including about the treatment and care being provided at the hospital to a person in the peace officer's custody who is being treated at the hospital. Provides that the health supervisor shall be a hospital administrator or other person in charge of supervising nurses at the hospital but who is not providing treatment to patients. Amends the Unified Code of Corrections and the Sex Offender Registration Act. Deletes provisions that require DNA submissions of persons charged with certain offenses and of each registered sex offender to the Department of State Police for DNA analysis. Deletes provisions that the detention, arrest, or conviction of a person based upon a database match or database information is not invalidated if it is determined that the specimen was obtained or placed in the database by mistake.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB0161 Detail]

Download: Illinois-2019-HB0161-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB0161 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
See Index
Amends the Hospital Licensing Act and the Code of Criminal Procedure of 1963. Provides that each licensed hospital shall designate patient-care areas under rules adopted by the Department of Public Health. These areas shall include examination and operating rooms and out-patient care areas of the hospital. Provides that each licensed hospital shall post a sign of a type and size specified by the Department of Public Health in a conspicuous place at the entrance of each patient-care area of the hospital stating that peace officers may not enter the area without the knowing consent of the health supervisor or a valid search warrant. Provides that each hospital shall designate one of its staff as a health supervisor. Provides that the health supervisor shall be the person designated by the hospital to communicate and interact with peace officers including about the treatment and care being provided at the hospital to a person in the peace officer's custody who is being treated at the hospital. Provides that the health supervisor shall be a hospital administrator or other person in charge of supervising nurses at the hospital but who is not providing treatment to patients. Amends the Unified Code of Corrections and the Sex Offender Registration Act. Deletes provisions that require DNA submissions of persons charged with certain offenses and of each registered sex offender to the Department of State Police for DNA analysis. Deletes provisions that the detention, arrest, or conviction of a person based upon a database match or database information is not invalidated if it is determined that the specimen was obtained or placed in the database by mistake.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB0161 LRB101 04662 SLF 49671 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Hospital Licensing Act is amended by adding
Section 6.27 as follows:
(210 ILCS 85/6.27 new)
Sec. 6.27. Designation of patient-care areas; peace
officers prohibited; interaction with nurses prohibited.
(a) In this Section:
"Hospital" includes an ambulatory surgical treatment
center licensed under the Ambulatory Surgical Treatment
Center Act and a hospital operated by the State, a unit of
local government, or college or university whether public
or private.
"Law enforcement officer" means any person employed by
the State, a county, or a municipality as a policeman,
peace officer, auxiliary policeman, or correctional
officer or in some like position involving the enforcement
of the law and protection of the public interest at the
risk of that person's life.
"Peace officer" has the meaning ascribed to it in
Section 2-13 of the Criminal Code of 2012 and includes a
law enforcement officer.

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(b) Each hospital licensed under this Act shall designate
patient-care areas under rules adopted by the Department of
Public Health. These areas shall include examination and
operating rooms and out-patient care areas of the hospital.
(c) Each hospital licensed under this Act shall post a sign
of a type and size specified by the Department of Public Health
in a conspicuous place at the entrance of each patient-care
area of the hospital stating that peace officers may not enter
the area without the knowing consent of the health supervisor
or a valid search warrant.
(d) Each hospital shall designate one of its staff as a
health supervisor. The health supervisor shall be the person
designated by the hospital to communicate and interact with
peace officers including about the treatment and care being
provided at the hospital to a person in the peace officer's
custody who is being treated at the hospital. The health
supervisor shall be a hospital administrator or other person in
charge of supervising nurses at the hospital but who is not
providing treatment to patients.
Section 10. The Code of Criminal Procedure of 1963 is
amended by adding Section 103-10 as follows:
(725 ILCS 5/103-10 new)
Sec. 103-10. Patient-care areas of hospitals; peace
officers prohibited.

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(a) In this Section:
"Law enforcement officer" means any person employed by
the State, a county, or a municipality as a policeman,
peace officer, auxiliary policeman, or correctional
officer or in some like position involving the enforcement
of the law and protection of the public interest at the
risk of that person's life.
"Peace officer" has the meaning ascribed to it in
Section 2-13 of the Criminal Code of 2012 and includes a
law enforcement officer.
(b) A peace officer is prohibited from entering a
patient-care area of a hospital designated under Section 6.27
of the Hospital Licensing Act without the knowing consent of
the health supervisor designated by the hospital under Section
6.27 of the Hospital Licensing Act or a valid search warrant.
(c) A peace officer may not communicate or otherwise
interact with a nurse licensed under the Nurse Practice Act who
is providing care for a person in the peace officer's custody.
The peace officer may only communicate or otherwise interact
with a health supervisor designated by the hospital under
Section 6.27 of the Hospital Licensing Act.
Section 15. 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)

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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
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

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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
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

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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
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

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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) (Blank). 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

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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) (Blank). 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
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.

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(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) (Blank). 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,

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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.
(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

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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
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.

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(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
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

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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
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

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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:
(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

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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.
(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.

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(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
Offender DNA Identification System Fund shall be regulated as
follows:
(1) 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 Offender DNA
Identification System Fund shall be used by Illinois State
Police crime laboratories as designated by the Director of
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).
(B) Costs incurred in maintaining genetic marker

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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 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
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 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

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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) (Blank). 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.)
Section 20. The Sex Offender Registration Act is amended by
changing Section 8 as follows:
(730 ILCS 150/8) (from Ch. 38, par. 228)
Sec. 8. Registration and DNA submission requirements.
(a) Registration. Registration as required by this Article
shall consist of a statement in writing signed by the person
giving the information that is required by the Department of

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State Police, which may include the fingerprints and must
include a current photograph of the person, to be updated
annually. If the sex offender is a child sex offender as
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
1961 or the Criminal Code of 2012, he or she shall sign a
statement that he or she understands that according to Illinois
law as a child sex offender he or she may not reside within 500
feet of a school, park, or playground. The offender may also
not reside within 500 feet of a facility providing services
directed exclusively toward persons under 18 years of age
unless the sex offender meets specified exemptions. The
registration information must include whether the person is a
sex offender as defined in the Sex Offender Community
Notification Law. Within 3 days, the registering law
enforcement agency shall forward any required information to
the Department of State Police. The registering law enforcement
agency shall enter the information into the Law Enforcement
Agencies Data System (LEADS) as provided in Sections 6 and 7 of
the Intergovernmental Missing Child Recovery Act of 1984.
(b) (Blank). DNA submission. Every person registering as a
sex offender pursuant to this Act, regardless of the date of
conviction or the date of initial registration who is required
to submit specimens of blood, saliva, or tissue for DNA
analysis as required by subsection (a) of Section 5-4-3 of the
Unified Code of Corrections shall submit the specimens as
required by that Section. Registered sex offenders who have

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previously submitted a DNA specimen which has been uploaded to
the Illinois DNA database shall not be required to submit an
additional specimen pursuant to this Section.
(Source: P.A. 97-383, eff. 1-1-12; 97-1150, eff. 1-25-13.)
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INDEX
Statutes amended in order of appearance