730 ILCS 5/5-4-3
2021 Illinois Compiled Statutes|Chapter 730 - CORRECTIONS|730 ILCS 5/ - Unified Code of Corrections.|Chapter V - Sentencing

 (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 State Police in accordance with the  provisions of this Section, provided such person is:(1) convicted of a qualifying offense or attempt of a     qualifying offense on or after July 1, 1990 and sentenced to a term of imprisonment, periodic imprisonment, fine, probation, conditional discharge or any other form of sentence, or given a disposition of court supervision for the offense;(1.5) found guilty or given supervision under the     Juvenile Court Act of 1987 for a qualifying offense or attempt of a qualifying offense on or after January 1, 1997;(2) ordered institutionalized as a sexually dangerous     person on or after July 1, 1990;(3) convicted of a qualifying offense or attempt of a     qualifying offense before July 1, 1990 and is presently confined as a result of such conviction in any State correctional facility or county jail or is presently serving a sentence of probation, conditional discharge or periodic imprisonment as a result of such conviction;(3.5) convicted or found guilty of any offense     classified as a felony under Illinois law or found guilty or given supervision for such an offense under the Juvenile Court Act of 1987 on or after August 22, 2002;(4) presently institutionalized as a sexually     dangerous person or presently institutionalized as a person found guilty but mentally ill of a sexual offense or attempt to commit a sexual offense; or(4.5) ordered committed as a sexually violent person     on or after the effective date of the Sexually Violent Persons Commitment Act.(a-1) Any person incarcerated in  a facility of the Illinois Department of Corrections or the Illinois Department of Juvenile Justice on or after August 22,  2002, whether for a term of years, natural life, or a sentence of death, who has not yet submitted a specimen of blood, saliva, or tissue  shall be required to submit a specimen of blood, saliva, or tissue  prior to his or her final discharge, or release on parole, aftercare release, or mandatory  supervised release, as a  condition of his or her parole, aftercare release, or mandatory supervised release, or within 6 months from August 13, 2009 (the effective date of Public Act 96-426), whichever is sooner.  A person incarcerated on or after August 13, 2009 (the effective date of Public Act 96-426) shall be required to submit a specimen within 45 days of incarceration, or prior to his or her final discharge, or release on parole, aftercare release, or mandatory supervised release, as a condition of his or her parole, aftercare release, or mandatory supervised release, whichever is sooner.  These specimens shall be placed into the State or national DNA database, to be used in accordance with other provisions of this Section, by the Illinois State Police.(a-2) Any person sentenced to life imprisonment in a facility of the Illinois Department of Corrections after the effective date of this amendatory Act of the 94th General Assembly or sentenced to death after the effective date of this amendatory Act of the 94th General Assembly shall be required to provide a specimen of blood, saliva, or tissue within 45 days after sentencing or disposition at a collection site designated by the Illinois 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 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 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 State Police.(a-3.2) On or after January 1, 2012 (the effective date of Public Act 97-383), any person arrested for any of  the following offenses, after an indictment has been returned by a grand jury, or following a hearing pursuant to Section 109-3 of the Code of Criminal Procedure of 1963 and a judge finds there is probable cause to believe the arrestee has committed one of the designated offenses, or an arrestee has waived a preliminary hearing shall be required to provide a specimen of blood, saliva, or tissue within 14 days after such indictment or hearing at a collection site designated by the Illinois 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 State Police.(a-5) Any person who was otherwise convicted of or received a disposition  of court supervision for any other offense under the Criminal Code of 1961 or the Criminal Code of 2012 or  who was found guilty or given supervision for such a violation under the  Juvenile Court Act of 1987, may, regardless of the sentence imposed, be  required by an order of the court to submit specimens of blood, saliva, or  tissue to the Illinois 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   State Police.(c) Any person required by paragraphs (a)(3), (a)(4), and (a)(4.5) to  provide specimens of blood, saliva, or tissue shall be required to provide  such specimens prior to final discharge or within 6 months from August 13, 2009 (the effective date of Public Act 96-426), whichever is sooner. These specimens shall be placed into the State or national DNA database, to be used in accordance with other provisions of this Act, by the Illinois State Police.(c-5) Any person required by paragraph (a-3) to provide specimens of  blood, saliva, or tissue shall, where feasible, be required to provide the  specimens before being accepted for conditioned residency in Illinois under  the interstate compact or agreement, but no later than 45 days after arrival  in this State.(c-5.2) Unless it is determined that a registered sex offender has previously submitted a specimen of blood, saliva, or tissue that has been placed into the State DNA database, a person registering as a sex offender shall be required to submit a specimen at the time of his or her initial registration pursuant to the Sex Offender Registration Act or, for a person registered as a sex offender on or prior to January 1, 2012 (the effective date of Public Act 97-383), within one year of January 1, 2012 (the effective date of Public Act 97-383) or at the time of his or her next required registration.(c-6) The Illinois 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 State Police may require the submission of fingerprints from anyone required to give a specimen under this Act.(d) The Illinois 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 State Police,  Division of Forensic Services, for analysis and  categorizing into genetic marker groupings.(d-1) The Illinois State Police shall provide all equipment  and instructions necessary for the collection of saliva specimens.  The  collection of saliva specimens shall be performed in a medically approved manner.  Only a person trained in the instructions promulgated by the Illinois State  Police on collecting saliva may collect saliva for the purposes of this  Section.  The specimens shall thereafter be forwarded to the Illinois State Police, Division of Forensic Services, for analysis and categorizing  into genetic marker groupings.(d-2) The Illinois 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 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   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 State Police and  the Illinois State Police may contract with third parties to  provide for the collection or analysis of DNA, or both, of an offender's blood,  saliva, and tissue specimens, except as provided in subsection (n) of this Section.(e) The genetic marker groupings shall be maintained by the Illinois   State Police, Division of Forensic Services.(f) The genetic marker grouping analysis information obtained pursuant  to this Act shall be confidential and shall be released only to peace  officers of the United States, of other states or territories, of the  insular possessions of the United States, of foreign countries duly  authorized to receive the same, to all peace officers of the State of  Illinois and to all prosecutorial agencies, and to defense counsel as  provided by Section 116-5 of the Code of Criminal Procedure of 1963.  The genetic marker grouping analysis information obtained pursuant to  this Act shall be used only for (i) valid law enforcement identification  purposes and as required by the Federal Bureau of Investigation for  participation in the National DNA database, (ii) technology  validation  purposes, (iii) a population statistics database, (iv) quality  assurance  purposes if personally identifying information is removed,    (v) assisting in the defense of the criminally accused pursuant  to  Section 116-5 of the Code of Criminal Procedure of 1963, or (vi) identifying and assisting  in the prosecution of a person who is suspected of committing a sexual assault as defined in Section 1a of the Sexual Assault Survivors Emergency Treatment Act. Notwithstanding  any other statutory provision to the contrary,  all information obtained under this Section shall be maintained in a single  State data base, which may be uploaded into a national database, and which  information may be subject to expungement only as set forth in subsection  (f-1).(f-1) Upon receipt of notification of a reversal of a conviction based on  actual innocence, or of the granting of a pardon pursuant to Section 12 of  Article V of the Illinois Constitution, if that pardon document specifically  states that the reason for the pardon is the actual innocence of an individual  whose DNA record has been stored in the State or national DNA identification  index in accordance with this Section by the Illinois State  Police, the DNA record shall be expunged from the DNA identification index, and  the Department shall by rule prescribe procedures to ensure that the record and  any specimens, analyses, or other documents relating to such record, whether in  the possession of the Department or any law enforcement or police agency, or  any forensic DNA laboratory, including any duplicates or copies thereof, are  destroyed and a letter is sent to the court verifying the expungement is  completed. For specimens required to be collected prior to conviction, unless the individual has other charges or convictions that require submission of a specimen, the DNA record for an individual shall be expunged from the DNA identification databases and the specimen destroyed upon receipt of a certified copy of a final court order for each charge against an individual in which the charge has been dismissed, resulted in acquittal, or that the charge was not filed within the applicable time period. The Department shall by rule prescribe procedures to ensure that the record and any specimens in the possession or control of the Department are destroyed and a letter is sent to the court verifying the expungement is completed.(f-5) Any person who intentionally uses genetic marker grouping analysis  information, or any other information derived from a DNA specimen, beyond the  authorized uses as provided under this Section, or any other Illinois law, is  guilty of a Class 4 felony, and shall be subject to a fine of not less than  $5,000.(f-6) The Illinois 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 State Police, and  to any additional restrictions imposed by the Illinois State  Police.(g) For the purposes of this Section, "qualifying offense" means any of  the following:(1) any violation or inchoate violation of Section     11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012;(1.1) any violation or inchoate violation of Section     9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, 18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of 1961 or the Criminal Code of 2012 for which persons are convicted on or after July 1, 2001;(2) any former statute of this State which defined a     felony sexual offense;(3) (blank);(4) any inchoate violation of Section 9-3.1, 9-3.4,     11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or the Criminal Code of 2012; or(5) any violation or inchoate violation of Article     29D of the Criminal Code of 1961 or the Criminal Code of 2012.(g-5) (Blank).(h) The Illinois State Police shall be the State central  repository for all genetic marker grouping analysis information obtained  pursuant to this Act.  The Illinois State Police may  promulgate rules for the form and manner of the collection of blood, saliva,  or tissue specimens and other procedures for the operation of this Act.  The  provisions of the Administrative Review Law shall apply to all actions taken  under the rules so promulgated.(i)(1) A person required to provide a blood, saliva, or tissue specimen  shall  cooperate with the collection of the specimen and any deliberate act by  that person intended to impede, delay or stop the collection of the blood,  saliva, or tissue specimen is a Class 4 felony.(2) In the event that a person's DNA specimen is not adequate for any  reason, the person shall provide another DNA specimen for analysis. Duly  authorized law  enforcement and corrections personnel may employ reasonable force in cases in  which an individual refuses to provide a DNA specimen required under this  Act.(j) (Blank).(k) All analysis and categorization assessments provided under the Criminal and Traffic Assessments Act to the State Crime Laboratory Fund   shall be regulated as follows:(1) (Blank).(2) (Blank).(3) Moneys deposited into the State Crime Laboratory     Fund  shall be used by Illinois State Police crime laboratories as designated by the Director of the Illinois State Police.  These funds shall be in addition to any allocations made pursuant to existing laws and shall be designated for the exclusive use of State crime laboratories.  These uses may include, but are not limited to, the following:(A) Costs incurred in providing analysis and         genetic marker categorization as required by subsection (d).(B) Costs incurred in maintaining genetic marker         groupings as required by subsection (e).(C) Costs incurred in the purchase and         maintenance of equipment for use in performing analyses.(D) Costs incurred in continuing research and         development of new techniques for analysis and genetic marker categorization.(E) Costs incurred in continuing education,         training, and professional development of forensic scientists regularly employed by these laboratories.(l) The failure of a person to provide a specimen, or of any person or  agency to collect a specimen, shall in no way alter  the obligation of the person to submit such specimen, or the authority of the  Illinois State Police or persons designated by the Illinois State Police to  collect the specimen, or the authority of the Illinois State  Police to accept, analyze and maintain the specimen or to maintain or upload  results of genetic marker grouping analysis information into a State or  national database.(m) If any provision of this amendatory Act of the 93rd General Assembly  is  held unconstitutional or otherwise invalid, the remainder of this amendatory  Act  of the 93rd General Assembly is not affected.(n) Neither the Illinois State Police, the Division of Forensic Services, nor any laboratory of the Division of Forensic Services may contract out forensic testing for the purpose of an active investigation or a matter pending before a court of competent jurisdiction without the written consent of the prosecuting agency.  For the purposes of this subsection (n), "forensic testing" includes the analysis of physical evidence in an investigation or other proceeding for the prosecution of a violation of the Criminal Code of 1961 or the Criminal Code of 2012 or for matters adjudicated under the Juvenile Court Act of 1987, and includes the use of forensic databases and databanks, including DNA, firearm, and fingerprint databases, and expert testimony.(o) Mistake does not invalidate a database match. The detention, arrest, or conviction of a person based upon a database match or database information is not invalidated if it is determined that the specimen was obtained or placed in the database by mistake.(p)  This Section may be referred to as the Illinois DNA Database Law of 2011. (Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)