Sex Offender Mandatory DNA Specimen in Illinois
In Illinois, any person convicted of certain sex offenses is required to submit a DNA specimen to the state’s DNA database. This requirement is outlined in 730 ILCS 5/5-4-3 of the Illinois Compiled Statutes.
Offenses Requiring DNA Specimen
The law states that any person convicted of, found guilty of, or receiving court supervision for the following offenses must provide a DNA sample:
- Any offense requiring registration under the Sex Offender Registration Act
- Institutionalized as a sexually dangerous person under the Sexually Dangerous Persons Act
- Committed as a sexually violent person under the Sexually Violent Persons Commitment Act
In addition, any attempts or conspiracies related to these offenses also require a DNA specimen.
Timing and Fees
Individuals required to submit a DNA sample must provide the specimen within 45 days after the date of sentencing or disposition. As of 2012, there is also a $250 analysis fee that must be paid.
The DNA sample can be blood, saliva or tissue. It is submitted to the Illinois State Police.
Purpose of DNA Database
The DNA profiles from convicted offenders are maintained in the Illinois DNA database. This database assists law enforcement in solving crimes where biological evidence is recovered. It also helps identify missing persons.
So in a way, the mandatory DNA specimen helps promote public safety by enabling investigators to link crimes through DNA evidence. However, some civil liberties groups have raised privacy concerns regarding government collection and storage of DNA profiles.
Recent Changes
In 2012, Illinois updated its DNA database law. Some of the key changes included:
- Addition of certain drug offenses as qualifying offenses
- Elimination of the right to expungement/destruction of DNA profiles
- Elimination of sunset provision that required destruction of offender sample after conviction overturned
- Addition of $250 analysis fee
So in effect, more offenders are now required to submit DNA indefinitely, even if their conviction gets overturned.
Implications and Analysis
Mandatory DNA collection from sex offenders and violent criminals has benefits for law enforcement. However, there are some downsides as well:
Pros
- Helps identify perpetrators of rapes and murders
- Aids investigations where no suspects identified
- Discourages some potential offenders
- Provides closure to victims
Cons
- Privacy issues regarding government collection of DNA
- Potential for DNA contamination/errors
- Costs for collection and analysis
- Possible “function creep” for how DNA is used
Overall, the mandatory DNA specimen requirement is considered acceptable by most for violent crimes like rape and murder. However, critics argue the steady expansion of qualifying offenses threatens civil liberties.
What are your thoughts on mandatory DNA laws? Where should we draw the line between government power and individual privacy? The debate continues on what the appropriate balance should be.