Bill Text: IL HB3533 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Sexual Assault Survivors Protection Act. Establishes procedures that apply to the collection and use of known reference samples of DNA from a victim of a sex offense or alleged sex offense, and to known reference samples of DNA from any individual that was voluntarily provided for the purpose of exclusion, and to any profiles developed from those samples. Provides that law enforcement agencies and their agents shall use these DNA samples or profiles only for purposes directly related to the incident being investigated. Provides that a law enforcement agency or agent of a law enforcement agency may not compare any of these samples or profiles with DNA samples or profiles that do not relate to the incident being investigated. Provides that a law enforcement agency or agent of a law enforcement agency may not include any of these DNA profiles in any database that allows these samples to be compared to or matched with profiles derived from DNA evidence obtained from crime scenes. Provides that any part of a DNA sample that remains after the requested testing or analysis has been performed shall be securely stored and may only be used in accordance with the restrictions on use and disclosure of the sample provided in these provisions. Provides that an agent of a law enforcement agency may not provide any part of these DNA samples or profiles to any person or entity other than the law enforcement agency that provided them, except portions of these remaining DNA samples may be provided to the defendant when authorized by court order. Provides that the database profile of a person whose DNA profile has been voluntarily provided for purposes of exclusion shall be expunged from all public and private databases if the person has no past or present offense or pending charge which qualifies that person for inclusion within this State's DNA database as provided in the Unified Code of Corrections. Provides exceptions.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2025-01-07 - Session Sine Die [HB3533 Detail]

Download: Illinois-2023-HB3533-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3533 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
New Act
Creates the Sexual Assault Survivors Protection Act. Establishes procedures that apply to the collection and use of known reference samples of DNA from a victim of a sex offense or alleged sex offense, and to known reference samples of DNA from any individual that was voluntarily provided for the purpose of exclusion, and to any profiles developed from those samples. Provides that law enforcement agencies and their agents shall use these DNA samples or profiles only for purposes directly related to the incident being investigated. Provides that a law enforcement agency or agent of a law enforcement agency may not compare any of these samples or profiles with DNA samples or profiles that do not relate to the incident being investigated. Provides that a law enforcement agency or agent of a law enforcement agency may not include any of these DNA profiles in any database that allows these samples to be compared to or matched with profiles derived from DNA evidence obtained from crime scenes. Provides that any part of a DNA sample that remains after the requested testing or analysis has been performed shall be securely stored and may only be used in accordance with the restrictions on use and disclosure of the sample provided in these provisions. Provides that an agent of a law enforcement agency may not provide any part of these DNA samples or profiles to any person or entity other than the law enforcement agency that provided them, except portions of these remaining DNA samples may be provided to the defendant when authorized by court order. Provides that the database profile of a person whose DNA profile has been voluntarily provided for purposes of exclusion shall be expunged from all public and private databases if the person has no past or present offense or pending charge which qualifies that person for inclusion within this State's DNA database as provided in the Unified Code of Corrections. Provides exceptions.
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Sexual
Assault Survivors Protection Act.
Section 5. DNA reference samples.
(a) In this Section:
"Incident being investigated" means the crime or alleged
crime that caused a law enforcement agency or agent to analyze
or request a DNA sample from a victim of or witness to that sex
offense or alleged sex offense.
"Agent of a law enforcement agency" includes any person or
entity that the agency provides with access to a DNA sample
collected directly from the person of a victim of or witness to
a sex offense or alleged sex offense, or to any profile
developed from those samples. This includes, but is not
limited to, public or private DNA testing facilities.
"Sex offense" means any offense described in subsection
(c) of Section 10 of the Sex Offender Management Board Act.
"Victim" or "witness" does not include any person who is a
target of the investigation of the incident being
investigated, if law enforcement agents have probable cause to
believe that person has committed a sex offense relating to

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the incident under investigation.
"Voluntarily provided for the purpose of exclusion" means
that law enforcement agents do not consider the individual to
be a suspect and have requested a voluntary DNA sample in order
to exclude that person's DNA profile from consideration in the
current investigation.
(b) The following procedures apply to known reference
samples of DNA from a victim of a sex offense or alleged sex
offense, and to known reference samples of DNA from any
individual that were voluntarily provided for the purpose of
exclusion, as well as to any profiles developed from those
samples:
(1) Law enforcement agencies and their agents shall
use these DNA samples or profiles only for purposes
directly related to the incident being investigated.
(2) A law enforcement agency or agent of a law
enforcement agency may not compare any of these samples or
profiles with DNA samples or profiles that do not relate
to the incident being investigated.
(3) A law enforcement agency or agent of a law
enforcement agency may not include any of these DNA
profiles in any database that allows these samples to be
compared to or matched with profiles derived from DNA
evidence obtained from crime scenes.
(4) A law enforcement agency or agent of a law
enforcement agency may not provide any other person or

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entity with access to any of these DNA samples or
profiles, unless that person or entity agrees to abide by
the statutory restrictions on the use and disclosure of
that sample or profile.
(5) Any part of a DNA sample that remains after the
requested testing or analysis has been performed shall be
securely stored and may only be used in accordance with
the restrictions on use and disclosure of the sample
provided in this Section.
(6) An agent of a law enforcement agency may not
provide any part of these DNA samples or profiles to any
person or entity other than the law enforcement agency
that provided them, except portions of these remaining DNA
samples may be provided to the defendant when authorized
by court order.
(7) The database profile of a person whose DNA profile
has been voluntarily provided for purposes of exclusion
shall be expunged from all public and private databases if
the person has no past or present offense or pending
charge which qualifies that person for inclusion within
this State's DNA database as provided in Section 5-4-3 of
the Unified Code of Corrections.
(8) This Section does not prohibit crime laboratories
from collecting, retaining, and using for comparison
purposes in multiple cases the following DNA profiles:
(A) The DNA profiles from persons whose proximity

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or access to DNA case evidence during the collection,
handling, or processing of that evidence might result
in DNA contamination, including first responders,
crime scene investigators, laboratory staff, or others
at the laboratory, if these kinds of elimination
samples are voluntarily provided with written consent
for their use as quality assurance or control samples,
or if the elimination samples are obtained as a
condition of employment with written consent, so that
the crime laboratory can assure reliable results.
(B) The DNA profiles from persons associated with
the manufacturing or production of consumable supplies
or reagents or positive control samples used in
laboratory testing, if these kinds of elimination
samples are voluntarily provided with written consent.
(C) The DNA profiles that may be incidentally
encountered on consumable supplies or reagents such as
plastic tubes, plastic plates, swabs, and buffers.
(9) The requirement for written consent for voluntary
elimination samples does not preclude a DNA testing
laboratory from retaining, for use consistent with this
Section, the voluntary quality assurance or control
samples described in paragraph (8) that were provided
without written consent by persons prior to the effective
date of this Act, or if the laboratory is otherwise
required to retain such case samples by another provision

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of law.
(10) This Section does not preclude a DNA testing
laboratory from conducting a limited comparison of samples
that were analyzed concurrently in order to evaluate the
DNA typing results for potential contamination, determine
the source of contamination when detected, and to ensure
that the contaminating profiles were not misidentified as
DNA profiles from putative perpetrators.
(11) This Section does not affect the inclusion of
samples in the State DNA database described in Section
5-4-3 of the Unified Code of Corrections, the use of State
DNA databases for identifying missing persons under the
Missing Persons Identification Act, the compliance with
Section 116-3 of the Code of Criminal Procedure of 1963
that allow the release of samples for post-conviction
testing, or the use of reference samples from a suspect
lawfully collected in a manner that does not violate this
Section.
(c) This Section does not apply to evidence arising from
the victim that is biological material that is not the
victim's own and is not from an individual who voluntarily
provided a reference sample for exclusion, such as DNA
transferred from an assailant.