Bill Text: IL HB3811 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Amends the Department of State Police Law, the State Finance Act, the State Property Control Act, the Firearm Dealer License Certification Act, the Illinois Vehicle Code, the Criminal and Traffic Assessment Act, and the Unified Code of Corrections. Provides for the transfer of the remaining balance from various specified Funds into other specified Funds. Dissolves the transferring Funds. Provides that any future deposits due to and any outstanding obligations or liabilities of the transferring Funds shall pass to the receiving Funds. Makes conforming and other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0505 [HB3811 Detail]

Download: Illinois-2021-HB3811-Chaptered.html

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Public Act 102-0505
HB3811 Enrolled LRB102 16096 RJF 21470 b
AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of State Police Law of the Civil
Administrative Code of Illinois is amended by changing
Sections 2605-410 and 2605-595 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
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is repealed on January 1, 2023.
(Source: P.A. 95-787, eff. 1-1-09.)

(20 ILCS 2605/2605-595)
Sec. 2605-595. State Police Firearm Services Fund.
(a) There is created in the State treasury a special fund
known as the State Police Firearm Services Fund. The Fund
shall receive revenue under the Firearm Concealed Carry Act,
the Firearm Dealer License Certification Act, and Section 5 of
the Firearm Owners Identification Card Act. The Fund may also
receive revenue from grants, pass-through 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 102nd General Assembly, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the remaining balance from the
Firearm Dealer License Certification Fund into the State
Police Firearm Services Fund. Upon completion of the transfer,
the Firearm Dealer License Certification 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 Firearm Services Fund.
(b) The Illinois Department of State Police may use moneys
in the Fund to finance any of its lawful purposes, mandates,
functions, and duties under the Firearm Owners Identification
Card Act, the Firearm Dealer License Certification Act, and

the Firearm Concealed Carry Act, including the cost of sending
notices of expiration of Firearm Owner's Identification Cards,
concealed carry licenses, the prompt and efficient processing
of applications under the Firearm Owners Identification Card
Act and the Firearm Concealed Carry Act, the improved
efficiency and reporting of the LEADS and federal NICS law
enforcement data systems, and support for investigations
required under these Acts and law. Any surplus funds beyond
what is needed to comply with the aforementioned purposes
shall be used by the Illinois State Police Department to
improve the Law Enforcement Agencies Data System (LEADS) and
criminal history background check system.
(c) 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.
(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
Section 10. The State Finance Act is amended by changing
Sections 5.457, 5.714, 5.664, 5.892, 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, 2023.
(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 on January 1, 2023.
(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, 2023.
(Source: P.A. 95-787, eff. 1-1-09; 96-328, eff. 8-11-09.)
(30 ILCS 105/5.892)
Sec. 5.892. The Firearm Dealer License Certification Fund.
This Fund is dissolved upon the transfer of the remaining
balance from the Firearm Dealer License Certification Fund to
the State Police Firearm Services Fund as provided under

subsection (a-5) of Section 2605-595 of the Department of
State Police Law of the Civil Administrative Code of Illinois.
This Section is repealed on January 1, 2023.
(Source: P.A. 100-1178, eff. 1-18-19; 101-81, eff. 7-12-19.)
(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 102nd 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
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
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 shall be
deposited into the State Police Vehicle Fund State Police
Vehicle Maintenance Fund.
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,
shall be used by the Department of State Police for the
maintenance and operation of vehicles for that Department.
(Source: P.A. 101-636, eff. 6-10-20.)
(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 102nd 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 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 Firearm Dealer License Certification Act
is amended by changing Section 5-70 as follows:
(430 ILCS 68/5-70)
Sec. 5-70. Fees and fines deposited in the State Police
Firearm Services Fund Firearm Dealer License Certification
Fund. The Illinois State Police Department shall set and

collect a fee for each licensee certifying under this Act. The
fee may not exceed $300 for a certified licensee operating
without a retail location. The fee may not exceed $1,500 for
any certified licensee operating with a retail location. The
Illinois State Police Department may not charge a certified
licensee in this State, operating under the same or different
business name, fees exceeding $40,000 for the certification of
multiple licenses. All fees and fines collected under this Act
shall be deposited in the State Police Firearm Services Fund
Firearm Dealer License Certification Fund which is created in
the State treasury. Moneys in the Fund shall be used for
implementation and administration of this Act.
(Source: P.A. 100-1178, eff. 1-18-19.)
Section 25. 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
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 30. 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, 2022)
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
of local government for deposit into the unit of local
government's General Fund, except that if the Illinois
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;
(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
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
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
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
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;
(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
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;
(iv) if the arresting or investigating agency
is the Illinois Commerce Commission, into the
Transportation Regulatory 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; 101-636, eff. 6-10-20.)
Section 35. 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
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 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 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
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 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
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.
(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
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
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
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:
(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.
(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
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
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)
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
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
102nd 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
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.
(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 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.