Bill Text: IL HB4318 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Criminal Code of 2012. Provides that it is unlawful for a sex offender to knowingly reside within one mile (rather than 500 feet) of the victim of the sex offense regardless of the age of the victim at the time of the offense (currently, the prohibition only applies to child sex offenders and does not apply when the victim attains 21 years of age). Provides that nothing in this provision prohibits a sex offender from residing within one mile (rather than 500 feet) of the victim if the property in which the sex offender resides is owned by the sex offender and was purchased before the effective date of the bill, unless otherwise prohibited by law before the effective date of the bill. Provides that for the purposes of this provision, "sex offender" includes a "child sex offender". Provides that a violation is a Class 4 felony. Amends the Unified Code of Corrections to make conforming changes.

Spectrum: Slight Partisan Bill (Republican 14-5)

Status: (Introduced) 2018-05-24 - Added Co-Sponsor Rep. Terri Bryant [HB4318 Detail]

Download: Illinois-2017-HB4318-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4318

Introduced , by Rep. Michael D. Unes

SYNOPSIS AS INTRODUCED:
720 ILCS 5/11-9.3
720 ILCS 5/11-9.4-2 new
730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3
730 ILCS 5/5-8A-6

Amends the Criminal Code of 2012. Provides that it is unlawful for a sex offender to knowingly reside within one mile (rather than 500 feet) of the victim of the sex offense regardless of the age of the victim at the time of the offense (currently, the prohibition only applies to child sex offenders and does not apply when the victim attains 21 years of age). Provides that nothing in this provision prohibits a sex offender from residing within one mile (rather than 500 feet) of the victim if the property in which the sex offender resides is owned by the sex offender and was purchased before the effective date of the bill, unless otherwise prohibited by law before the effective date of the bill. Provides that for the purposes of this provision, "sex offender" includes a "child sex offender". Provides that a violation is a Class 4 felony. Amends the Unified Code of Corrections to make conforming changes.
LRB100 16180 RLC 31301 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

HB4318LRB100 16180 RLC 31301 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by changing
5Section 11-9.3 and by adding Section 11-9.4-2 as follows:
6 (720 ILCS 5/11-9.3)
7 Sec. 11-9.3. Presence within school zone by child sex
8offenders prohibited; approaching, contacting, residing with,
9or communicating with a child within certain places by child
10sex offenders prohibited.
11 (a) It is unlawful for a child sex offender to knowingly be
12present in any school building, on real property comprising any
13school, or in any conveyance owned, leased, or contracted by a
14school to transport students to or from school or a school
15related activity when persons under the age of 18 are present
16in the building, on the grounds or in the conveyance, unless
17the offender is a parent or guardian of a student attending the
18school and the parent or guardian is: (i) attending a
19conference at the school with school personnel to discuss the
20progress of his or her child academically or socially, (ii)
21participating in child review conferences in which evaluation
22and placement decisions may be made with respect to his or her
23child regarding special education services, or (iii) attending

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1conferences to discuss other student issues concerning his or
2her child such as retention and promotion and notifies the
3principal of the school of his or her presence at the school or
4unless the offender has permission to be present from the
5superintendent or the school board or in the case of a private
6school from the principal. In the case of a public school, if
7permission is granted, the superintendent or school board
8president must inform the principal of the school where the sex
9offender will be present. Notification includes the nature of
10the sex offender's visit and the hours in which the sex
11offender will be present in the school. The sex offender is
12responsible for notifying the principal's office when he or she
13arrives on school property and when he or she departs from
14school property. If the sex offender is to be present in the
15vicinity of children, the sex offender has the duty to remain
16under the direct supervision of a school official.
17 (a-5) It is unlawful for a child sex offender to knowingly
18be present within 100 feet of a site posted as a pick-up or
19discharge stop for a conveyance owned, leased, or contracted by
20a school to transport students to or from school or a school
21related activity when one or more persons under the age of 18
22are present at the site.
23 (a-10) It is unlawful for a child sex offender to knowingly
24be present in any public park building, a playground or
25recreation area within any publicly accessible privately owned
26building, or on real property comprising any public park when

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1persons under the age of 18 are present in the building or on
2the grounds and to approach, contact, or communicate with a
3child under 18 years of age, unless the offender is a parent or
4guardian of a person under 18 years of age present in the
5building or on the grounds.
6 (b) It is unlawful for a child sex offender to knowingly
7loiter within 500 feet of a school building or real property
8comprising any school while persons under the age of 18 are
9present in the building or on the grounds, unless the offender
10is a parent or guardian of a student attending the school and
11the parent or guardian is: (i) attending a conference at the
12school with school personnel to discuss the progress of his or
13her child academically or socially, (ii) participating in child
14review conferences in which evaluation and placement decisions
15may be made with respect to his or her child regarding special
16education services, or (iii) attending conferences to discuss
17other student issues concerning his or her child such as
18retention and promotion and notifies the principal of the
19school of his or her presence at the school or has permission
20to be present from the superintendent or the school board or in
21the case of a private school from the principal. In the case of
22a public school, if permission is granted, the superintendent
23or school board president must inform the principal of the
24school where the sex offender will be present. Notification
25includes the nature of the sex offender's visit and the hours
26in which the sex offender will be present in the school. The

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1sex offender is responsible for notifying the principal's
2office when he or she arrives on school property and when he or
3she departs from school property. If the sex offender is to be
4present in the vicinity of children, the sex offender has the
5duty to remain under the direct supervision of a school
6official.
7 (b-2) It is unlawful for a child sex offender to knowingly
8loiter on a public way within 500 feet of a public park
9building or real property comprising any public park while
10persons under the age of 18 are present in the building or on
11the grounds and to approach, contact, or communicate with a
12child under 18 years of age, unless the offender is a parent or
13guardian of a person under 18 years of age present in the
14building or on the grounds.
15 (b-5) It is unlawful for a child sex offender to knowingly
16reside within 500 feet of a school building or the real
17property comprising any school that persons under the age of 18
18attend. Nothing in this subsection (b-5) prohibits a child sex
19offender from residing within 500 feet of a school building or
20the real property comprising any school that persons under 18
21attend if the property is owned by the child sex offender and
22was purchased before July 7, 2000 (the effective date of Public
23Act 91-911).
24 (b-10) It is unlawful for a child sex offender to knowingly
25reside within 500 feet of a playground, child care institution,
26day care center, part day child care facility, day care home,

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1group day care home, or a facility providing programs or
2services exclusively directed toward persons under 18 years of
3age. Nothing in this subsection (b-10) prohibits a child sex
4offender from residing within 500 feet of a playground or a
5facility providing programs or services exclusively directed
6toward persons under 18 years of age if the property is owned
7by the child sex offender and was purchased before July 7,
82000. Nothing in this subsection (b-10) prohibits a child sex
9offender from residing within 500 feet of a child care
10institution, day care center, or part day child care facility
11if the property is owned by the child sex offender and was
12purchased before June 26, 2006. Nothing in this subsection
13(b-10) prohibits a child sex offender from residing within 500
14feet of a day care home or group day care home if the property
15is owned by the child sex offender and was purchased before
16August 14, 2008 (the effective date of Public Act 95-821).
17 (b-15) (Blank). It is unlawful for a child sex offender to
18knowingly reside within 500 feet of the victim of the sex
19offense. Nothing in this subsection (b-15) prohibits a child
20sex offender from residing within 500 feet of the victim if the
21property in which the child sex offender resides is owned by
22the child sex offender and was purchased before August 22,
232002.
24 This subsection (b-15) does not apply if the victim of the
25sex offense is 21 years of age or older.
26 (b-20) It is unlawful for a child sex offender to knowingly

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1communicate, other than for a lawful purpose under Illinois
2law, using the Internet or any other digital media, with a
3person under 18 years of age or with a person whom he or she
4believes to be a person under 18 years of age, unless the
5offender is a parent or guardian of the person under 18 years
6of age.
7 (c) It is unlawful for a child sex offender to knowingly
8operate, manage, be employed by, volunteer at, be associated
9with, or knowingly be present at any: (i) facility providing
10programs or services exclusively directed toward persons under
11the age of 18; (ii) day care center; (iii) part day child care
12facility; (iv) child care institution; (v) school providing
13before and after school programs for children under 18 years of
14age; (vi) day care home; or (vii) group day care home. This
15does not prohibit a child sex offender from owning the real
16property upon which the programs or services are offered or
17upon which the day care center, part day child care facility,
18child care institution, or school providing before and after
19school programs for children under 18 years of age is located,
20provided the child sex offender refrains from being present on
21the premises for the hours during which: (1) the programs or
22services are being offered or (2) the day care center, part day
23child care facility, child care institution, or school
24providing before and after school programs for children under
2518 years of age, day care home, or group day care home is
26operated.

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1 (c-2) It is unlawful for a child sex offender to
2participate in a holiday event involving children under 18
3years of age, including but not limited to distributing candy
4or other items to children on Halloween, wearing a Santa Claus
5costume on or preceding Christmas, being employed as a
6department store Santa Claus, or wearing an Easter Bunny
7costume on or preceding Easter. For the purposes of this
8subsection, child sex offender has the meaning as defined in
9this Section, but does not include as a sex offense under
10paragraph (2) of subsection (d) of this Section, the offense
11under subsection (c) of Section 11-1.50 of this Code. This
12subsection does not apply to a child sex offender who is a
13parent or guardian of children under 18 years of age that are
14present in the home and other non-familial minors are not
15present.
16 (c-5) It is unlawful for a child sex offender to knowingly
17operate, manage, be employed by, or be associated with any
18county fair when persons under the age of 18 are present.
19 (c-6) It is unlawful for a child sex offender who owns and
20resides at residential real estate to knowingly rent any
21residential unit within the same building in which he or she
22resides to a person who is the parent or guardian of a child or
23children under 18 years of age. This subsection shall apply
24only to leases or other rental arrangements entered into after
25January 1, 2009 (the effective date of Public Act 95-820).
26 (c-7) It is unlawful for a child sex offender to knowingly

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1offer or provide any programs or services to persons under 18
2years of age in his or her residence or the residence of
3another or in any facility for the purpose of offering or
4providing such programs or services, whether such programs or
5services are offered or provided by contract, agreement,
6arrangement, or on a volunteer basis.
7 (c-8) It is unlawful for a child sex offender to knowingly
8operate, whether authorized to do so or not, any of the
9following vehicles: (1) a vehicle which is specifically
10designed, constructed or modified and equipped to be used for
11the retail sale of food or beverages, including but not limited
12to an ice cream truck; (2) an authorized emergency vehicle; or
13(3) a rescue vehicle.
14 (d) Definitions. In this Section:
15 (1) "Child sex offender" means any person who:
16 (i) has been charged under Illinois law, or any
17 substantially similar federal law or law of another
18 state, with a sex offense set forth in paragraph (2) of
19 this subsection (d) or the attempt to commit an
20 included sex offense, and the victim is a person under
21 18 years of age at the time of the offense; and:
22 (A) is convicted of such offense or an attempt
23 to commit such offense; or
24 (B) is found not guilty by reason of insanity
25 of such offense or an attempt to commit such
26 offense; or

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1 (C) is found not guilty by reason of insanity
2 pursuant to subsection (c) of Section 104-25 of the
3 Code of Criminal Procedure of 1963 of such offense
4 or an attempt to commit such offense; or
5 (D) is the subject of a finding not resulting
6 in an acquittal at a hearing conducted pursuant to
7 subsection (a) of Section 104-25 of the Code of
8 Criminal Procedure of 1963 for the alleged
9 commission or attempted commission of such
10 offense; or
11 (E) is found not guilty by reason of insanity
12 following a hearing conducted pursuant to a
13 federal law or the law of another state
14 substantially similar to subsection (c) of Section
15 104-25 of the Code of Criminal Procedure of 1963 of
16 such offense or of the attempted commission of such
17 offense; or
18 (F) is the subject of a finding not resulting
19 in an acquittal at a hearing conducted pursuant to
20 a federal law or the law of another state
21 substantially similar to subsection (a) of Section
22 104-25 of the Code of Criminal Procedure of 1963
23 for the alleged violation or attempted commission
24 of such offense; or
25 (ii) is certified as a sexually dangerous person
26 pursuant to the Illinois Sexually Dangerous Persons

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1 Act, or any substantially similar federal law or the
2 law of another state, when any conduct giving rise to
3 such certification is committed or attempted against a
4 person less than 18 years of age; or
5 (iii) is subject to the provisions of Section 2 of
6 the Interstate Agreements on Sexually Dangerous
7 Persons Act.
8 Convictions that result from or are connected with the
9 same act, or result from offenses committed at the same
10 time, shall be counted for the purpose of this Section as
11 one conviction. Any conviction set aside pursuant to law is
12 not a conviction for purposes of this Section.
13 (2) Except as otherwise provided in paragraph (2.5),
14 "sex offense" means:
15 (i) A violation of any of the following Sections of
16 the Criminal Code of 1961 or the Criminal Code of 2012:
17 10-4 (forcible detention), 10-7 (aiding or abetting
18 child abduction under Section 10-5(b)(10)),
19 10-5(b)(10) (child luring), 11-1.40 (predatory
20 criminal sexual assault of a child), 11-6 (indecent
21 solicitation of a child), 11-6.5 (indecent
22 solicitation of an adult), 11-9.1 (sexual exploitation
23 of a child), 11-9.2 (custodial sexual misconduct),
24 11-9.5 (sexual misconduct with a person with a
25 disability), 11-11 (sexual relations within families),
26 11-14.3(a)(1) (promoting prostitution by advancing

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1 prostitution), 11-14.3(a)(2)(A) (promoting
2 prostitution by profiting from prostitution by
3 compelling a person to be a prostitute),
4 11-14.3(a)(2)(C) (promoting prostitution by profiting
5 from prostitution by means other than as described in
6 subparagraphs (A) and (B) of paragraph (2) of
7 subsection (a) of Section 11-14.3), 11-14.4 (promoting
8 juvenile prostitution), 11-18.1 (patronizing a
9 juvenile prostitute), 11-20.1 (child pornography),
10 11-20.1B (aggravated child pornography), 11-21
11 (harmful material), 11-25 (grooming), 11-26 (traveling
12 to meet a minor or traveling to meet a child), 12-33
13 (ritualized abuse of a child), 11-20 (obscenity) (when
14 that offense was committed in any school, on real
15 property comprising any school, in any conveyance
16 owned, leased, or contracted by a school to transport
17 students to or from school or a school related
18 activity, or in a public park), 11-30 (public
19 indecency) (when committed in a school, on real
20 property comprising a school, in any conveyance owned,
21 leased, or contracted by a school to transport students
22 to or from school or a school related activity, or in a
23 public park). An attempt to commit any of these
24 offenses.
25 (ii) A violation of any of the following Sections
26 of the Criminal Code of 1961 or the Criminal Code of

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1 2012, when the victim is a person under 18 years of
2 age: 11-1.20 (criminal sexual assault), 11-1.30
3 (aggravated criminal sexual assault), 11-1.50
4 (criminal sexual abuse), 11-1.60 (aggravated criminal
5 sexual abuse). An attempt to commit any of these
6 offenses.
7 (iii) A violation of any of the following Sections
8 of the Criminal Code of 1961 or the Criminal Code of
9 2012, when the victim is a person under 18 years of age
10 and the defendant is not a parent of the victim:
11 10-1 (kidnapping),
12 10-2 (aggravated kidnapping),
13 10-3 (unlawful restraint),
14 10-3.1 (aggravated unlawful restraint),
15 11-9.1(A) (permitting sexual abuse of a child).
16 An attempt to commit any of these offenses.
17 (iv) A violation of any former law of this State
18 substantially equivalent to any offense listed in
19 clause (2)(i) or (2)(ii) of subsection (d) of this
20 Section.
21 (2.5) For the purposes of subsections (b-5) and (b-10)
22 only, a sex offense means:
23 (i) A violation of any of the following Sections of
24 the Criminal Code of 1961 or the Criminal Code of 2012:
25 10-5(b)(10) (child luring), 10-7 (aiding or
26 abetting child abduction under Section 10-5(b)(10)),

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1 11-1.40 (predatory criminal sexual assault of a
2 child), 11-6 (indecent solicitation of a child),
3 11-6.5 (indecent solicitation of an adult), 11-9.2
4 (custodial sexual misconduct), 11-9.5 (sexual
5 misconduct with a person with a disability), 11-11
6 (sexual relations within families), 11-14.3(a)(1)
7 (promoting prostitution by advancing prostitution),
8 11-14.3(a)(2)(A) (promoting prostitution by profiting
9 from prostitution by compelling a person to be a
10 prostitute), 11-14.3(a)(2)(C) (promoting prostitution
11 by profiting from prostitution by means other than as
12 described in subparagraphs (A) and (B) of paragraph (2)
13 of subsection (a) of Section 11-14.3), 11-14.4
14 (promoting juvenile prostitution), 11-18.1
15 (patronizing a juvenile prostitute), 11-20.1 (child
16 pornography), 11-20.1B (aggravated child pornography),
17 11-25 (grooming), 11-26 (traveling to meet a minor or
18 traveling to meet a child), or 12-33 (ritualized abuse
19 of a child). An attempt to commit any of these
20 offenses.
21 (ii) A violation of any of the following Sections
22 of the Criminal Code of 1961 or the Criminal Code of
23 2012, when the victim is a person under 18 years of
24 age: 11-1.20 (criminal sexual assault), 11-1.30
25 (aggravated criminal sexual assault), 11-1.60
26 (aggravated criminal sexual abuse), and subsection (a)

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1 of Section 11-1.50 (criminal sexual abuse). An attempt
2 to commit any of these offenses.
3 (iii) A violation of any of the following Sections
4 of the Criminal Code of 1961 or the Criminal Code of
5 2012, when the victim is a person under 18 years of age
6 and the defendant is not a parent of the victim:
7 10-1 (kidnapping),
8 10-2 (aggravated kidnapping),
9 10-3 (unlawful restraint),
10 10-3.1 (aggravated unlawful restraint),
11 11-9.1(A) (permitting sexual abuse of a child).
12 An attempt to commit any of these offenses.
13 (iv) A violation of any former law of this State
14 substantially equivalent to any offense listed in this
15 paragraph (2.5) of this subsection.
16 (3) A conviction for an offense of federal law or the
17 law of another state that is substantially equivalent to
18 any offense listed in paragraph (2) of subsection (d) of
19 this Section shall constitute a conviction for the purpose
20 of this Section. A finding or adjudication as a sexually
21 dangerous person under any federal law or law of another
22 state that is substantially equivalent to the Sexually
23 Dangerous Persons Act shall constitute an adjudication for
24 the purposes of this Section.
25 (4) "Authorized emergency vehicle", "rescue vehicle",
26 and "vehicle" have the meanings ascribed to them in

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1 Sections 1-105, 1-171.8 and 1-217, respectively, of the
2 Illinois Vehicle Code.
3 (5) "Child care institution" has the meaning ascribed
4 to it in Section 2.06 of the Child Care Act of 1969.
5 (6) "Day care center" has the meaning ascribed to it in
6 Section 2.09 of the Child Care Act of 1969.
7 (7) "Day care home" has the meaning ascribed to it in
8 Section 2.18 of the Child Care Act of 1969.
9 (8) "Facility providing programs or services directed
10 towards persons under the age of 18" means any facility
11 providing programs or services exclusively directed
12 towards persons under the age of 18.
13 (9) "Group day care home" has the meaning ascribed to
14 it in Section 2.20 of the Child Care Act of 1969.
15 (10) "Internet" has the meaning set forth in Section
16 16-0.1 of this Code.
17 (11) "Loiter" means:
18 (i) Standing, sitting idly, whether or not the
19 person is in a vehicle, or remaining in or around
20 school or public park property.
21 (ii) Standing, sitting idly, whether or not the
22 person is in a vehicle, or remaining in or around
23 school or public park property, for the purpose of
24 committing or attempting to commit a sex offense.
25 (iii) Entering or remaining in a building in or
26 around school property, other than the offender's

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1 residence.
2 (12) "Part day child care facility" has the meaning
3 ascribed to it in Section 2.10 of the Child Care Act of
4 1969.
5 (13) "Playground" means a piece of land owned or
6 controlled by a unit of local government that is designated
7 by the unit of local government for use solely or primarily
8 for children's recreation.
9 (14) "Public park" includes a park, forest preserve,
10 bikeway, trail, or conservation area under the
11 jurisdiction of the State or a unit of local government.
12 (15) "School" means a public or private preschool or
13 elementary or secondary school.
14 (16) "School official" means the principal, a teacher,
15 or any other certified employee of the school, the
16 superintendent of schools or a member of the school board.
17 (e) For the purposes of this Section, the 500 feet distance
18shall be measured from: (1) the edge of the property of the
19school building or the real property comprising the school that
20is closest to the edge of the property of the child sex
21offender's residence or where he or she is loitering, and (2)
22the edge of the property comprising the public park building or
23the real property comprising the public park, playground, child
24care institution, day care center, part day child care
25facility, or facility providing programs or services
26exclusively directed toward persons under 18 years of age, or a

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1victim of the sex offense who is under 21 years of age, to the
2edge of the child sex offender's place of residence or place
3where he or she is loitering.
4 (f) Sentence. A person who violates this Section is guilty
5of a Class 4 felony.
6(Source: P.A. 100-428, eff. 1-1-18.)
7 (720 ILCS 5/11-9.4-2 new)
8 Sec. 11-9.4-2. Sex offender prohibited from residing
9within one mile of victim.
10 (a) A sex offender, as defined in Section 2 of the Sex
11Offender Registration Act, may not knowingly reside within one
12mile of the victim of the sex offense regardless of the age of
13the victim at the time of the offense. Nothing in this Section
14prohibits a sex offender from residing within one mile of the
15victim if the property in which the sex offender resides is
16owned by the sex offender and was purchased before the
17effective date of this amendatory Act of the 100th General
18Assembly, unless otherwise prohibited by law before the
19effective date of this amendatory Act. For the purposes of this
20Section, "sex offender" includes a "child sex offender" as
21defined in Section 11-9.3 of this Code.
22 (b) Sentence. A violation of this Section is a Class 4
23felony.
24 Section 10. The Unified Code of Corrections is amended by

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1changing Sections 5-4-3 and 5-8A-6 as follows:
2 (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
3 Sec. 5-4-3. Specimens; genetic marker groups.
4 (a) Any person convicted of, found guilty under the
5Juvenile Court Act of 1987 for, or who received a disposition
6of court supervision for, a qualifying offense or attempt of a
7qualifying offense, convicted or found guilty of any offense
8classified as a felony under Illinois law, convicted or found
9guilty of any offense requiring registration under the Sex
10Offender Registration Act, found guilty or given supervision
11for any offense classified as a felony under the Juvenile Court
12Act of 1987, convicted or found guilty of, under the Juvenile
13Court Act of 1987, any offense requiring registration under the
14Sex Offender Registration Act, or institutionalized as a
15sexually dangerous person under the Sexually Dangerous Persons
16Act, or committed as a sexually violent person under the
17Sexually Violent Persons Commitment Act shall, regardless of
18the sentence or disposition imposed, be required to submit
19specimens of blood, saliva, or tissue to the Illinois
20Department of State Police in accordance with the provisions of
21this Section, provided such person is:
22 (1) convicted of a qualifying offense or attempt of a
23 qualifying offense on or after July 1, 1990 and sentenced
24 to a term of imprisonment, periodic imprisonment, fine,
25 probation, conditional discharge or any other form of

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1 sentence, or given a disposition of court supervision for
2 the offense;
3 (1.5) found guilty or given supervision under the
4 Juvenile Court Act of 1987 for a qualifying offense or
5 attempt of a qualifying offense on or after January 1,
6 1997;
7 (2) ordered institutionalized as a sexually dangerous
8 person on or after July 1, 1990;
9 (3) convicted of a qualifying offense or attempt of a
10 qualifying offense before July 1, 1990 and is presently
11 confined as a result of such conviction in any State
12 correctional facility or county jail or is presently
13 serving a sentence of probation, conditional discharge or
14 periodic imprisonment as a result of such conviction;
15 (3.5) convicted or found guilty of any offense
16 classified as a felony under Illinois law or found guilty
17 or given supervision for such an offense under the Juvenile
18 Court Act of 1987 on or after August 22, 2002;
19 (4) presently institutionalized as a sexually
20 dangerous person or presently institutionalized as a
21 person found guilty but mentally ill of a sexual offense or
22 attempt to commit a sexual offense; or
23 (4.5) ordered committed as a sexually violent person on
24 or after the effective date of the Sexually Violent Persons
25 Commitment Act.
26 (a-1) Any person incarcerated in a facility of the Illinois

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1Department of Corrections or the Illinois Department of
2Juvenile Justice on or after August 22, 2002, whether for a
3term of years, natural life, or a sentence of death, who has
4not yet submitted a specimen of blood, saliva, or tissue shall
5be required to submit a specimen of blood, saliva, or tissue
6prior to his or her final discharge, or release on parole,
7aftercare release, or mandatory supervised release, as a
8condition of his or her parole, aftercare release, or mandatory
9supervised release, or within 6 months from August 13, 2009
10(the effective date of Public Act 96-426), whichever is sooner.
11A person incarcerated on or after August 13, 2009 (the
12effective date of Public Act 96-426) shall be required to
13submit a specimen within 45 days of incarceration, or prior to
14his or her final discharge, or release on parole, aftercare
15release, or mandatory supervised release, as a condition of his
16or her parole, aftercare release, or mandatory supervised
17release, whichever is sooner. These specimens shall be placed
18into the State or national DNA database, to be used in
19accordance with other provisions of this Section, by the
20Illinois State Police.
21 (a-2) Any person sentenced to life imprisonment in a
22facility of the Illinois Department of Corrections after the
23effective date of this amendatory Act of the 94th General
24Assembly or sentenced to death after the effective date of this
25amendatory Act of the 94th General Assembly shall be required
26to provide a specimen of blood, saliva, or tissue within 45

HB4318- 21 -LRB100 16180 RLC 31301 b
1days after sentencing or disposition at a collection site
2designated by the Illinois Department of State Police. Any
3person serving a sentence of life imprisonment in a facility of
4the Illinois Department of Corrections on the effective date of
5this amendatory Act of the 94th General Assembly or any person
6who is under a sentence of death on the effective date of this
7amendatory Act of the 94th General Assembly shall be required
8to provide a specimen of blood, saliva, or tissue upon request
9at a collection site designated by the Illinois Department of
10State Police.
11 (a-3) Any person seeking transfer to or residency in
12Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
13Code, the Interstate Compact for Adult Offender Supervision, or
14the Interstate Agreements on Sexually Dangerous Persons Act
15shall be required to provide a specimen of blood, saliva, or
16tissue within 45 days after transfer to or residency in
17Illinois at a collection site designated by the Illinois
18Department of State Police.
19 (a-3.1) Any person required by an order of the court to
20submit a DNA specimen shall be required to provide a specimen
21of blood, saliva, or tissue within 45 days after the court
22order at a collection site designated by the Illinois
23Department of State Police.
24 (a-3.2) On or after January 1, 2012 (the effective date of
25Public Act 97-383), any person arrested for any of the
26following offenses, after an indictment has been returned by a

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1grand jury, or following a hearing pursuant to Section 109-3 of
2the Code of Criminal Procedure of 1963 and a judge finds there
3is probable cause to believe the arrestee has committed one of
4the designated offenses, or an arrestee has waived a
5preliminary hearing shall be required to provide a specimen of
6blood, saliva, or tissue within 14 days after such indictment
7or hearing at a collection site designated by the Illinois
8Department of State Police:
9 (A) first degree murder;
10 (B) home invasion;
11 (C) predatory criminal sexual assault of a child;
12 (D) aggravated criminal sexual assault; or
13 (E) criminal sexual assault.
14 (a-3.3) Any person required to register as a sex offender
15under the Sex Offender Registration Act, regardless of the date
16of conviction as set forth in subsection (c-5.2) shall be
17required to provide a specimen of blood, saliva, or tissue
18within the time period prescribed in subsection (c-5.2) at a
19collection site designated by the Illinois Department of State
20Police.
21 (a-5) Any person who was otherwise convicted of or received
22a disposition of court supervision for any other offense under
23the Criminal Code of 1961 or the Criminal Code of 2012 or who
24was found guilty or given supervision for such a violation
25under the Juvenile Court Act of 1987, may, regardless of the
26sentence imposed, be required by an order of the court to

HB4318- 23 -LRB100 16180 RLC 31301 b
1submit specimens of blood, saliva, or tissue to the Illinois
2Department of State Police in accordance with the provisions of
3this Section.
4 (b) Any person required by paragraphs (a)(1), (a)(1.5),
5(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
6saliva, or tissue shall provide specimens of blood, saliva, or
7tissue within 45 days after sentencing or disposition at a
8collection site designated by the Illinois Department of State
9Police.
10 (c) Any person required by paragraphs (a)(3), (a)(4), and
11(a)(4.5) to provide specimens of blood, saliva, or tissue shall
12be required to provide such specimens prior to final discharge
13or within 6 months from August 13, 2009 (the effective date of
14Public Act 96-426), whichever is sooner. These specimens shall
15be placed into the State or national DNA database, to be used
16in accordance with other provisions of this Act, by the
17Illinois State Police.
18 (c-5) Any person required by paragraph (a-3) to provide
19specimens of blood, saliva, or tissue shall, where feasible, be
20required to provide the specimens before being accepted for
21conditioned residency in Illinois under the interstate compact
22or agreement, but no later than 45 days after arrival in this
23State.
24 (c-5.2) Unless it is determined that a registered sex
25offender has previously submitted a specimen of blood, saliva,
26or tissue that has been placed into the State DNA database, a

HB4318- 24 -LRB100 16180 RLC 31301 b
1person registering as a sex offender shall be required to
2submit a specimen at the time of his or her initial
3registration pursuant to the Sex Offender Registration Act or,
4for a person registered as a sex offender on or prior to
5January 1, 2012 (the effective date of Public Act 97-383),
6within one year of January 1, 2012 (the effective date of
7Public Act 97-383) or at the time of his or her next required
8registration.
9 (c-6) The Illinois Department of State Police may determine
10which type of specimen or specimens, blood, saliva, or tissue,
11is acceptable for submission to the Division of Forensic
12Services for analysis. The Illinois Department of State Police
13may require the submission of fingerprints from anyone required
14to give a specimen under this Act.
15 (d) The Illinois Department of State Police shall provide
16all equipment and instructions necessary for the collection of
17blood specimens. The collection of specimens shall be performed
18in a medically approved manner. Only a physician authorized to
19practice medicine, a registered nurse or other qualified person
20trained in venipuncture may withdraw blood for the purposes of
21this Act. The specimens shall thereafter be forwarded to the
22Illinois Department of State Police, Division of Forensic
23Services, for analysis and categorizing into genetic marker
24groupings.
25 (d-1) The Illinois Department of State Police shall provide
26all equipment and instructions necessary for the collection of

HB4318- 25 -LRB100 16180 RLC 31301 b
1saliva specimens. The collection of saliva specimens shall be
2performed in a medically approved manner. Only a person trained
3in the instructions promulgated by the Illinois State Police on
4collecting saliva may collect saliva for the purposes of this
5Section. The specimens shall thereafter be forwarded to the
6Illinois Department of State Police, Division of Forensic
7Services, for analysis and categorizing into genetic marker
8groupings.
9 (d-2) The Illinois Department of State Police shall provide
10all equipment and instructions necessary for the collection of
11tissue specimens. The collection of tissue specimens shall be
12performed in a medically approved manner. Only a person trained
13in the instructions promulgated by the Illinois State Police on
14collecting tissue may collect tissue for the purposes of this
15Section. The specimens shall thereafter be forwarded to the
16Illinois Department of State Police, Division of Forensic
17Services, for analysis and categorizing into genetic marker
18groupings.
19 (d-5) To the extent that funds are available, the Illinois
20Department of State Police shall contract with qualified
21personnel and certified laboratories for the collection,
22analysis, and categorization of known specimens, except as
23provided in subsection (n) of this Section.
24 (d-6) Agencies designated by the Illinois Department of
25State Police and the Illinois Department of State Police may
26contract with third parties to provide for the collection or

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1analysis of DNA, or both, of an offender's blood, saliva, and
2tissue specimens, except as provided in subsection (n) of this
3Section.
4 (e) The genetic marker groupings shall be maintained by the
5Illinois Department of State Police, Division of Forensic
6Services.
7 (f) The genetic marker grouping analysis information
8obtained pursuant to this Act shall be confidential and shall
9be released only to peace officers of the United States, of
10other states or territories, of the insular possessions of the
11United States, of foreign countries duly authorized to receive
12the same, to all peace officers of the State of Illinois and to
13all prosecutorial agencies, and to defense counsel as provided
14by Section 116-5 of the Code of Criminal Procedure of 1963. The
15genetic marker grouping analysis information obtained pursuant
16to this Act shall be used only for (i) valid law enforcement
17identification purposes and as required by the Federal Bureau
18of Investigation for participation in the National DNA
19database, (ii) technology validation purposes, (iii) a
20population statistics database, (iv) quality assurance
21purposes if personally identifying information is removed, (v)
22assisting in the defense of the criminally accused pursuant to
23Section 116-5 of the Code of Criminal Procedure of 1963, or
24(vi) identifying and assisting in the prosecution of a person
25who is suspected of committing a sexual assault as defined in
26Section 1a of the Sexual Assault Survivors Emergency Treatment

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1Act. Notwithstanding any other statutory provision to the
2contrary, all information obtained under this Section shall be
3maintained in a single State data base, which may be uploaded
4into a national database, and which information may be subject
5to expungement only as set forth in subsection (f-1).
6 (f-1) Upon receipt of notification of a reversal of a
7conviction based on actual innocence, or of the granting of a
8pardon pursuant to Section 12 of Article V of the Illinois
9Constitution, if that pardon document specifically states that
10the reason for the pardon is the actual innocence of an
11individual whose DNA record has been stored in the State or
12national DNA identification index in accordance with this
13Section by the Illinois Department of State Police, the DNA
14record shall be expunged from the DNA identification index, and
15the Department shall by rule prescribe procedures to ensure
16that the record and any specimens, analyses, or other documents
17relating to such record, whether in the possession of the
18Department or any law enforcement or police agency, or any
19forensic DNA laboratory, including any duplicates or copies
20thereof, are destroyed and a letter is sent to the court
21verifying the expungement is completed. For specimens required
22to be collected prior to conviction, unless the individual has
23other charges or convictions that require submission of a
24specimen, the DNA record for an individual shall be expunged
25from the DNA identification databases and the specimen
26destroyed upon receipt of a certified copy of a final court

HB4318- 28 -LRB100 16180 RLC 31301 b
1order for each charge against an individual in which the charge
2has been dismissed, resulted in acquittal, or that the charge
3was not filed within the applicable time period. The Department
4shall by rule prescribe procedures to ensure that the record
5and any specimens in the possession or control of the
6Department are destroyed and a letter is sent to the court
7verifying the expungement is completed.
8 (f-5) Any person who intentionally uses genetic marker
9grouping analysis information, or any other information
10derived from a DNA specimen, beyond the authorized uses as
11provided under this Section, or any other Illinois law, is
12guilty of a Class 4 felony, and shall be subject to a fine of
13not less than $5,000.
14 (f-6) The Illinois Department of State Police may contract
15with third parties for the purposes of implementing this
16amendatory Act of the 93rd General Assembly, except as provided
17in subsection (n) of this Section. Any other party contracting
18to carry out the functions of this Section shall be subject to
19the same restrictions and requirements of this Section insofar
20as applicable, as the Illinois Department of State Police, and
21to any additional restrictions imposed by the Illinois
22Department of State Police.
23 (g) For the purposes of this Section, "qualifying offense"
24means any of the following:
25 (1) any violation or inchoate violation of Section
26 11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or

HB4318- 29 -LRB100 16180 RLC 31301 b
1 12-16 of the Criminal Code of 1961 or the Criminal Code of
2 2012;
3 (1.1) any violation or inchoate violation of Section
4 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
5 18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of
6 1961 or the Criminal Code of 2012 for which persons are
7 convicted on or after July 1, 2001;
8 (2) any former statute of this State which defined a
9 felony sexual offense;
10 (3) (blank);
11 (4) any inchoate violation of Section 9-3.1, 9-3.4,
12 11-9.3, 11-9.4-2, 12-7.3, or 12-7.4 of the Criminal Code of
13 1961 or the Criminal Code of 2012; or
14 (5) any violation or inchoate violation of Article 29D
15 of the Criminal Code of 1961 or the Criminal Code of 2012.
16 (g-5) (Blank).
17 (h) The Illinois Department of State Police shall be the
18State central repository for all genetic marker grouping
19analysis information obtained pursuant to this Act. The
20Illinois Department of State Police may promulgate rules for
21the form and manner of the collection of blood, saliva, or
22tissue specimens and other procedures for the operation of this
23Act. The provisions of the Administrative Review Law shall
24apply to all actions taken under the rules so promulgated.
25 (i) (1) A person required to provide a blood, saliva, or
26 tissue specimen shall cooperate with the collection of the

HB4318- 30 -LRB100 16180 RLC 31301 b
1 specimen and any deliberate act by that person intended to
2 impede, delay or stop the collection of the blood, saliva,
3 or tissue specimen is a Class 4 felony.
4 (2) In the event that a person's DNA specimen is not
5 adequate for any reason, the person shall provide another
6 DNA specimen for analysis. Duly authorized law enforcement
7 and corrections personnel may employ reasonable force in
8 cases in which an individual refuses to provide a DNA
9 specimen required under this Act.
10 (j) Any person required by subsection (a), or any person
11who was previously required by subsection (a-3.2), to submit
12specimens of blood, saliva, or tissue to the Illinois
13Department of State Police for analysis and categorization into
14genetic marker grouping, in addition to any other disposition,
15penalty, or fine imposed, shall pay an analysis fee of $250. If
16the analysis fee is not paid at the time of sentencing, the
17court shall establish a fee schedule by which the entire amount
18of the analysis fee shall be paid in full, such schedule not to
19exceed 24 months from the time of conviction. The inability to
20pay this analysis fee shall not be the sole ground to
21incarcerate the person.
22 (k) All analysis and categorization fees provided for by
23subsection (j) shall be regulated as follows:
24 (1) The State Offender DNA Identification System Fund
25 is hereby created as a special fund in the State Treasury.
26 (2) All fees shall be collected by the clerk of the

HB4318- 31 -LRB100 16180 RLC 31301 b
1 court and forwarded to the State Offender DNA
2 Identification System Fund for deposit. The clerk of the
3 circuit court may retain the amount of $10 from each
4 collected analysis fee to offset administrative costs
5 incurred in carrying out the clerk's responsibilities
6 under this Section.
7 (3) Fees deposited into the State Offender DNA
8 Identification System Fund shall be used by Illinois State
9 Police crime laboratories as designated by the Director of
10 State Police. These funds shall be in addition to any
11 allocations made pursuant to existing laws and shall be
12 designated for the exclusive use of State crime
13 laboratories. These uses may include, but are not limited
14 to, the following:
15 (A) Costs incurred in providing analysis and
16 genetic marker categorization as required by
17 subsection (d).
18 (B) Costs incurred in maintaining genetic marker
19 groupings as required by subsection (e).
20 (C) Costs incurred in the purchase and maintenance
21 of equipment for use in performing analyses.
22 (D) Costs incurred in continuing research and
23 development of new techniques for analysis and genetic
24 marker categorization.
25 (E) Costs incurred in continuing education,
26 training, and professional development of forensic

HB4318- 32 -LRB100 16180 RLC 31301 b
1 scientists regularly employed by these laboratories.
2 (l) The failure of a person to provide a specimen, or of
3any person or agency to collect a specimen, shall in no way
4alter the obligation of the person to submit such specimen, or
5the authority of the Illinois Department of State Police or
6persons designated by the Department to collect the specimen,
7or the authority of the Illinois Department of State Police to
8accept, analyze and maintain the specimen or to maintain or
9upload results of genetic marker grouping analysis information
10into a State or national database.
11 (m) If any provision of this amendatory Act of the 93rd
12General Assembly is held unconstitutional or otherwise
13invalid, the remainder of this amendatory Act of the 93rd
14General Assembly is not affected.
15 (n) Neither the Department of State Police, the Division of
16Forensic Services, nor any laboratory of the Division of
17Forensic Services may contract out forensic testing for the
18purpose of an active investigation or a matter pending before a
19court of competent jurisdiction without the written consent of
20the prosecuting agency. For the purposes of this subsection
21(n), "forensic testing" includes the analysis of physical
22evidence in an investigation or other proceeding for the
23prosecution of a violation of the Criminal Code of 1961 or the
24Criminal Code of 2012 or for matters adjudicated under the
25Juvenile Court Act of 1987, and includes the use of forensic
26databases and databanks, including DNA, firearm, and

HB4318- 33 -LRB100 16180 RLC 31301 b
1fingerprint databases, and expert testimony.
2 (o) Mistake does not invalidate a database match. The
3detention, arrest, or conviction of a person based upon a
4database match or database information is not invalidated if it
5is determined that the specimen was obtained or placed in the
6database by mistake.
7 (p) This Section may be referred to as the Illinois DNA
8Database Law of 2011.
9(Source: P.A. 97-383, eff. 1-1-12; 97-1109, eff. 1-1-13;
1097-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
11 (730 ILCS 5/5-8A-6)
12 Sec. 5-8A-6. Electronic monitoring of certain sex
13offenders. For a sexual predator subject to electronic
14monitoring under paragraph (7.7) of subsection (a) of Section
153-3-7, the Department of Corrections must use a system that
16actively monitors and identifies the offender's current
17location and timely reports or records the offender's presence
18and that alerts the Department of the offender's presence
19within a prohibited area described in Section 11-9.3 or
2011-9.4-2 of the Criminal Code of 2012, in a court order, or as
21a condition of the offender's parole, mandatory supervised
22release, or extended mandatory supervised release and the
23offender's departure from specified geographic limitations. To
24the extent that he or she is able to do so, which the
25Department of Corrections by rule shall determine, the offender

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1must pay for the cost of the electronic monitoring.
2(Source: P.A. 99-797, eff. 8-12-16; 100-431, eff. 8-25-17.)
3 Section 95. No acceleration or delay. Where this Act makes
4changes in a statute that is represented in this Act by text
5that is not yet or no longer in effect (for example, a Section
6represented by multiple versions), the use of that text does
7not accelerate or delay the taking effect of (i) the changes
8made by this Act or (ii) provisions derived from any other
9Public Act.
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