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is repealed on January 1, 2023.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.