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

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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 - Dead) 2018-05-24 - Added Co-Sponsor Rep. Terri Bryant [HB4318 Detail]

Download: Illinois-2017-HB4318-Introduced.html

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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
HB4318 LRB100 16180 RLC 31301 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by changing
Section 11-9.3 and by adding Section 11-9.4-2 as follows:
(720 ILCS 5/11-9.3)
Sec. 11-9.3. Presence within school zone by child sex
offenders prohibited; approaching, contacting, residing with,
or communicating with a child within certain places by child
sex offenders prohibited.
(a) It is unlawful for a child sex offender to knowingly be
present in any school building, on real property comprising any
school, or in any conveyance owned, leased, or contracted by a
school to transport students to or from school or a school
related activity when persons under the age of 18 are present
in the building, on the grounds or in the conveyance, unless
the offender is a parent or guardian of a student attending the
school and the parent or guardian is: (i) attending a
conference at the school with school personnel to discuss the
progress of his or her child academically or socially, (ii)
participating in child review conferences in which evaluation
and placement decisions may be made with respect to his or her
child regarding special education services, or (iii) attending

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

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

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

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group day care home, or a facility providing programs or
services exclusively directed toward persons under 18 years of
age. Nothing in this subsection (b-10) prohibits a child sex
offender from residing within 500 feet of a playground or a
facility providing programs or services exclusively directed
toward persons under 18 years of age if the property is owned
by the child sex offender and was purchased before July 7,
2000. Nothing in this subsection (b-10) prohibits a child sex
offender from residing within 500 feet of a child care
institution, day care center, or part day child care facility
if the property is owned by the child sex offender and was
purchased before June 26, 2006. Nothing in this subsection
(b-10) prohibits a child sex offender from residing within 500
feet of a day care home or group day care home if the property
is owned by the child sex offender and was purchased before
August 14, 2008 (the effective date of Public Act 95-821).
(b-15) (Blank). It is unlawful for a child sex offender to
knowingly reside within 500 feet of the victim of the sex
offense. Nothing in this subsection (b-15) prohibits a child
sex offender from residing within 500 feet of the victim if the
property in which the child sex offender resides is owned by
the child sex offender and was purchased before August 22,
2002.
This subsection (b-15) does not apply if the victim of the
sex offense is 21 years of age or older.
(b-20) It is unlawful for a child sex offender to knowingly

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

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

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

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(C) is found not guilty by reason of insanity
pursuant to subsection (c) of Section 104-25 of the
Code of Criminal Procedure of 1963 of such offense
or an attempt to commit such offense; or
(D) is the subject of a finding not resulting
in an acquittal at a hearing conducted pursuant to
subsection (a) of Section 104-25 of the Code of
Criminal Procedure of 1963 for the alleged
commission or attempted commission of such
offense; or
(E) is found not guilty by reason of insanity
following a hearing conducted pursuant to a
federal law or the law of another state
substantially similar to subsection (c) of Section
104-25 of the Code of Criminal Procedure of 1963 of
such offense or of the attempted commission of such
offense; or
(F) is the subject of a finding not resulting
in an acquittal at a hearing conducted pursuant to
a federal law or the law of another state
substantially similar to subsection (a) of Section
104-25 of the Code of Criminal Procedure of 1963
for the alleged violation or attempted commission
of such offense; or
(ii) is certified as a sexually dangerous person
pursuant to the Illinois Sexually Dangerous Persons

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

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

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

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

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

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

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

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

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changing Sections 5-4-3 and 5-8A-6 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

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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

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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

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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

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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

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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

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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

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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

HB4318 - 26 - LRB100 16180 RLC 31301 b
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

HB4318 - 27 - LRB100 16180 RLC 31301 b
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

HB4318 - 28 - LRB100 16180 RLC 31301 b
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

HB4318 - 29 - LRB100 16180 RLC 31301 b
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, 11-9.4-2, 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

HB4318 - 30 - LRB100 16180 RLC 31301 b
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) Any person required by subsection (a), or any person
who was previously required by subsection (a-3.2), to submit
specimens of blood, saliva, or tissue to the Illinois
Department of State Police for analysis and categorization into
genetic marker grouping, in addition to any other disposition,
penalty, or fine imposed, shall pay an analysis fee of $250. If
the analysis fee is not paid at the time of sentencing, the
court shall establish a fee schedule by which the entire amount
of the analysis fee shall be paid in full, such schedule not to
exceed 24 months from the time of conviction. The inability to
pay this analysis fee shall not be the sole ground to
incarcerate the person.
(k) All analysis and categorization fees provided for by
subsection (j) shall be regulated as follows:
(1) The State Offender DNA Identification System Fund
is hereby created as a special fund in the State Treasury.
(2) All fees shall be collected by the clerk of the

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

HB4318 - 32 - LRB100 16180 RLC 31301 b
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 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 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

HB4318 - 33 - LRB100 16180 RLC 31301 b
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. 97-383, eff. 1-1-12; 97-1109, eff. 1-1-13;
97-1150, eff. 1-25-13; 98-558, eff. 1-1-14.)
(730 ILCS 5/5-8A-6)
Sec. 5-8A-6. Electronic monitoring of certain sex
offenders. For a sexual predator subject to electronic
monitoring under paragraph (7.7) of subsection (a) of Section
3-3-7, the Department of Corrections must use a system that
actively monitors and identifies the offender's current
location and timely reports or records the offender's presence
and that alerts the Department of the offender's presence
within a prohibited area described in Section 11-9.3 or
11-9.4-2 of the Criminal Code of 2012, in a court order, or as
a condition of the offender's parole, mandatory supervised
release, or extended mandatory supervised release and the
offender's departure from specified geographic limitations. To
the extent that he or she is able to do so, which the
Department of Corrections by rule shall determine, the offender

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