HB 1168

Abstract

Amends the Genetic Information Privacy Act. Provides that in accordance with the Sexual Assault Evidence Submission Act, genetic information derived from reference specimens of DNA from: (1) a victim of a sexual assault crime or alleged sexual assault crime; (2) known reference samples of DNA from any individual that were voluntarily provided for the purpose of exclusion: and (3) any profiles developed from those samples, may be used only for purposes directly related to the investigation of the sexual assault crime or alleged sexual assault crime through which the victim's genetic information was obtained. Amends the Sexual Assault Evidence Submission Act. Establishes procedures for the use by law enforcement of known reference specimens of DNA from a victim of a sexual assault crime or alleged sexual assault crime, and to known reference samples of DNA from any individual that were voluntarily provided for the purpose of exclusion, and to any profiles developed from those samples. Adds various definitions to the Act. House Committee Amendment No. 1 Deletes reference to: 410 ILCS 513/15 725 ILCS 202/5 725 ILCS 202/6 new Adds reference to: 725 ILCS 120/3 from Ch. 38, par. 1403 725 ILCS 120/4 from Ch. 38, par. 1404 Replaces everything after the enacting clause. Amends the Rights of Crime Victims and Witnesses Act. Provides that, except in certain medical examiner or coroner investigations, whenever a person's DNA profile is collected due to the person being a victim of a crime, that specific profile collected in conjunction with that criminal investigation shall not be entered into any DNA database. Defines "DNA database". House Committee Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 1 with the following changes. Provides that, except in certain medical examiner or coroner investigations, whenever a person's DNA profile is collected due to the person being a victim of a crime, as identified by law enforcement (instead of not specifying as identified by law enforcement), that specific profile collected in conjunction with that criminal investigation shall not be entered into any DNA database. Provides that nothing in this provision shall be interpreted to contradict rules and regulations developed by the Federal Bureau of Investigation relating to the National DNA Index System or Combined DNA Index System.