Bill Text: IL HB1739 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 1961. Provides that the offense of obstructing justice also includes destroying, altering, concealing, disguising, or otherwise tampering with samples collected for DNA fingerprinting analysis. Provides that the offense is a Class 3 felony. Amends the Code of Criminal Procedure of 1963 and the Unified Code of Corrections. Provides that every person arrested for committing a felony or a Class A misdemeanor shall have a sample of his or her saliva or tissue taken for DNA fingerprinting analysis, at the time of booking, for the purpose of determining identity and for certain other specified purposes. Provides that subject to appropriation, the Department of State Police shall implement this provision. Provides that this provision becomes operative no later than the earlier of the following: (1) the date on which the Department of State Police informs law enforcement agencies that the Department is ready to collect samples; or (2) January 1, 2013. Provides that in the amendatory changes to the Unified Code of Corrections, intentionally using genetic marker grouping analysis information derived from a DNA sample beyond authorized uses is a Class 3 rather than a Class 4 felony. Provides that the identification, detention, arrest, or conviction of a person based upon a database match or database information is not invalidated if it is later determined that the sample should not have been obtained or placed in the database. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB1739 Detail]

Download: Illinois-2011-HB1739-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB1739 Introduced , by Rep. Dennis M. Reboletti SYNOPSIS AS INTRODUCED:
720 ILCS 5/31-4 from Ch. 38, par. 31-4
725 ILCS 5/107-2.5 new
730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3
Amends the Criminal Code of 1961. Provides that the offense of obstructing justice also includes destroying, altering, concealing, disguising, or otherwise tampering with samples collected for DNA fingerprinting analysis. Provides that the offense is a Class 3 felony. Amends the Code of Criminal Procedure of 1963 and the Unified Code of Corrections. Provides that every person arrested for committing a felony or a Class A misdemeanor shall have a sample of his or her saliva or tissue taken for DNA fingerprinting analysis, at the time of booking, for the purpose of determining identity and for certain other specified purposes. Provides that subject to appropriation, the Department of State Police shall implement this provision. Provides that this provision becomes operative no later than the earlier of the following: (1) the date on which the Department of State Police informs law enforcement agencies that the Department is ready to collect samples; or (2) January 1, 2013. Provides that in the amendatory changes to the Unified Code of Corrections, intentionally using genetic marker grouping analysis information derived from a DNA sample beyond authorized uses is a Class 3 rather than a Class 4 felony. Provides that the identification, detention, arrest, or conviction of a person based upon a database match or database information is not invalidated if it is later determined that the sample should not have been obtained or placed in the database. Effective immediately.
LRB097 08656 RLC 48785 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB1739 LRB097 08656 RLC 48785 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 Criminal Code of 1961 is amended by changing
Section 31-4 as follows:
(720 ILCS 5/31-4) (from Ch. 38, par. 31-4)
Sec. 31-4. Obstructing justice.
(a) A person obstructs justice when, with intent to prevent
the apprehension or obstruct the prosecution or defense of any
person, he knowingly commits any of the following acts:
(1) (a) Destroys, alters, conceals or disguises physical
evidence, plants false evidence, furnishes false information;
or
(2) (b) Induces a witness having knowledge material to the
subject at issue to leave the State or conceal himself; or
(3) (c) Possessing knowledge material to the subject at
issue, he leaves the State or conceals himself; or .
(4) Destroys, alters, conceals, disguises, or otherwise
tampers with samples collected under Section 107-2.5 of the
Code of Criminal Procedure of 1963 or Section 5-4-3 of the
Unified Code of Corrections.
(b) (d) Sentence.
(1) Obstructing justice is a Class 4 felony, except as

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provided in paragraph (2) of this subsection (b) (d).
(2) Obstructing justice in furtherance of streetgang
related or gang-related activity, as defined in Section 10
of the Illinois Streetgang Terrorism Omnibus Prevention
Act, is a Class 3 felony. Obstructing justice in violation
of paragraph (a)(4) is a Class 3 felony.
(Source: P.A. 90-363, eff. 1-1-98.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by adding Section 107-2.5 as follows:
(725 ILCS 5/107-2.5 new)
Sec. 107-2.5. DNA fingerprinting analysis.
(a) Every person arrested for committing a felony as
defined in Section 2-7 of the Criminal Code of 1961 or a Class
A misdemeanor as defined in Section 2-11 of the Criminal Code
of 1961 shall have a sample of his or her saliva or tissue
taken for DNA fingerprinting analysis, at the time of booking,
for the purpose of determining identity and for the purposes
specified in this Section and subsection (f) of Section 5-4-3
of the Unified Code of Corrections. Any law enforcement agency
extracting DNA samples under this Section shall be required to
follow all written rules and regulations for the collection,
storage, and processing of those samples promulgated by the
Department of State Police. The analysis shall be performed by
the Department of State Police or a specific agent approved by

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the Department of State Police. The identification
characteristics resulting from the DNA analysis shall be stored
and maintained by the Department of State Police or the
specific agent approved by the Department. All results
developed from collected DNA samples shall be subject to any
and all confidentiality provisions of State and federal laws.
The specific agent approved by the Department of State Police
to store and analyze DNA samples shall be required to meet all
Illinois State Police laboratory accreditation requirements
and shall properly forward the results of the DNA analysis to
the Department of State Police.
(b) If charges are dismissed or an individual is found not
guilty, any expungement of that person's DNA sample shall be in
accordance with the procedures set forth in Section 5 of the
Criminal Identification Act upon notification to the
Department of State Police by the court system.
(c) Subject to appropriation, the Department of State
Police shall implement this Section no later than the earlier
of the following: (1) the date on which the Department of State
Police informs law enforcement agencies that the Department is
ready to collect samples; or (2) January 1, 2013.
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. Persons convicted of, or found delinquent for,
certain offenses or institutionalized as sexually dangerous;
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, arrested for or 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

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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;
(4.5) ordered committed as a sexually violent person on
or after the effective date of the Sexually Violent Persons
Commitment Act; or
(5) seeking transfer to or residency in Illinois under
Sections 3-3-11.05 through 3-3-11.5 of the Unified Code of

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Corrections and the Interstate Compact for Adult Offender
Supervision or the Interstate Agreements on Sexually
Dangerous Persons Act; or .
(6) arrested and is suspected of committing a felony as
defined in Section 2-7 of the Criminal Code of 1961 on or
after the operative date of Section 107-2.5 of the Code of
Criminal Procedure of 1963.
Notwithstanding other provisions of this Section, 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
sample 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 or mandatory supervised
release, as a condition of his or her parole 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 sample within 45 days of incarceration, or prior to
his or her final discharge, or release on parole or mandatory
supervised release, as a condition of his or her parole 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

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this Section, by the Illinois State Police.
Notwithstanding other provisions of this Section, 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 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-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 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.
(b) Any person required by paragraphs (a)(1), (a)(1.5),

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(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 samples 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)(5) 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-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.
(c-7) Any person required by paragraph (a)(6) to provide
specimens of saliva or tissue shall be required to provide the
specimens at the booking procedure. The law enforcement officer

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shall verify at each arrest that the arrestee sample is not
already on file with the Department of State Police.
(d) The Illinois Department of State Police shall provide
all equipment and instructions necessary for the collection of
blood samples. The collection of samples 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 samples 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 samples under this Section. The collection of saliva
samples 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 samples 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 samples under this Section. The collection of tissue
samples shall be performed in a medically approved manner. Only

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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 samples 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 samples, 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 samples, 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 and the information obtained
under Section 107-2.5 of the Code of Criminal Procedure of 1963
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

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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. Having established the
State DNA identification index, a match between casework
evidence DNA samples from a criminal investigation and DNA
samples from a State or federal DNA database of eligible
offenders may be used only to sustain probable cause for the
issuance of a warrant to obtain the DNA sample from an eligible
offender for confirmation. The identification, detention,
arrest, or conviction of a person based upon a database match
or database information is not invalidated if it is later
determined that the sample should not have been obtained or
placed in the database. Notwithstanding any other statutory

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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 a certified copy of a final court
order for notification of a reversal of each 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 for that
conviction shall be expunged from the DNA identification index,
and the Department shall by rule prescribe procedures to ensure
that the record and any samples, analyses, or other documents
relating to such record, whether in the possession or control
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.
Upon receipt of a certified copy of a final court order for
each charge against 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

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State Police, establishing that such a charge has been
dismissed or resulted in acquittal or that no charge was filed
within the applicable time period, the DNA record for that
arrest shall be expunged from the DNA identification index, and
the Department shall by rule prescribe procedures to ensure
that the record and any samples, analyses, or other documents
relating to such records, 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 sample, beyond the authorized uses as
provided under this Section or under Section 107-2.5 of the
Code of Criminal Procedure of 1963, or any other Illinois law,
is guilty of a Class 3 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"

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means any of the following:
(1) any violation or inchoate violation of Section
11-6, 11-9.1, 11-11, 11-18.1, 12-15, or 12-16 of the
Criminal Code of 1961;
(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, 19-1, or 19-2 of the Criminal Code of 1961 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, 11-9.3,
12-7.3, or 12-7.4 of the Criminal Code of 1961; or
(5) any violation or inchoate violation of Article 29D
of the Criminal Code of 1961.
(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 samples and other procedures for the operation of this
Act. The provisions of the Administrative Review Law shall
apply to all actions taken under the rules so promulgated.
(i) (1) A person required to provide a blood, saliva, or
tissue specimen shall cooperate with the collection of the

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specimen and any deliberate act by that person intended to
impede, delay or stop the collection of the blood, saliva,
or tissue specimen is a Class A misdemeanor.
(2) In the event that a person's DNA sample is not
adequate for any reason, the person shall provide another
DNA sample for analysis. Duly authorized law enforcement
and corrections personnel may employ reasonable force in
cases in which an individual refuses to provide a DNA
sample required under this Act.
(j) Any person sentenced and required by subsection (a) to
submit specimens of blood, saliva, or tissue to the Illinois
Department of State Police for analysis and categorization into
genetic marker grouping, in addition to any other disposition,
penalty, or fine imposed, shall pay an analysis fee of $200. If
the analysis fee is not paid at the time of sentencing, the
court shall establish a fee schedule by which the entire amount
of the analysis fee shall be paid in full, such schedule not to
exceed 24 months from the time of conviction. The inability to
pay this analysis fee shall not be the sole ground to
incarcerate the person.
(k) All analysis and categorization fees provided for by
subsection (j) 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) All fees shall be collected by the clerk of the
court and forwarded to the State Offender DNA

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Identification System Fund for deposit. The clerk of the
circuit court may retain the amount of $10 from each
collected analysis fee to offset administrative costs
incurred in carrying out the clerk's responsibilities
under this Section.
(3) Fees 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
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.

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(l) The failure of a person to provide a specimen, or of
any person or agency to collect a specimen, within the 45 day
period 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 Public Act 93-216 this amendatory
Act of the 93rd General Assembly is held unconstitutional or
otherwise invalid, the remainder of Public Act 93-216 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
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 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.

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(o) If any provision of this amendatory Act of the 97th
General Assembly is held unconstitutional or otherwise
invalid, the remainder of this amendatory Act of the 97th
General Assembly is not affected.
(Source: P.A. 96-426, eff. 8-13-09; 96-642, eff. 8-24-09;
96-1000, eff. 7-2-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.