Illinois

Recent / Pending Legislation

• HB 1168 (2025, enacted), Public Act 103-972 (effective 2025) : Among many things, bans crime victim profile from being entered into the database.
• SB 2989 (2026, did not pass) – DNA Match Notification, Tracking, and Accountability Act).
• HB 5580 (2026, enacted) – Electronic Information Management System

Arrestee: Yes, after an indictment has been returned by a grand jury OR a court finding of probable cause following a hearing or an arrestee has waived a preliminary hearing. From adults and minors. For a small number of specific felonies.

Qualifying Crimes: Only certain enumerated felonies — first degree murder, home invasion, predatory criminal sexual assault of a child, aggravated criminal sexual assault, and criminal sexual assault. Not Booking Station Rapid Ready – grand jury indictment or finding of probable cause by court before collection.

Time of Collection: Within 14 days after a grand jury indictment, after a probable-cause hearing, or after the arrestee waives the preliminary hearing.

Expungement: Automatic on receipt of a certified copy of a final court order, for each charge, showing that the charge was dismissed, ended in acquittal, or was never filed within the applicable period (unless other charges or convictions independently require a specimen). 2024 update: the “Villanueva Law” (H.B. 1168, P.A. 103-0972, signed 2024) prohibits DNA voluntarily provided by crime victims from being entered into, or searched against, any DNA database.

Statutes / Case Law

730 ILL. COMP. STAT. ANN. 5/5-4-3 SPECIMENS; GENETIC MARKER GROUPS

Convicted Offender: Yes.

Qualifying Crimes: Any felony conviction, plus numerous qualifying misdemeanors (sex offenses, domestic battery, violations of orders of protection, drug offenses).

• (i) Any felony under Illinois law;
• (ii) 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;
• (iii) anything for which a person is sentenced to life imprisonment or death;
• (iv) “qualifying offenses” and
• (v) attempts to commit ‘qualifying offenses.’
• Qualifying offenses: Criminal Sexual Abuse, Aggravated Criminal Sexual Abuse; Indecent Solicitation of a Child; Sexual Exploitation of a Child; Sexual Relations Within Families; Patronizing a Minor Engaged in Prostitution; Soliciting a Juvenile Prostitute; First Degree Murder; Second Degree Murder; Kidnapping; Aggravated Kidnapping; Robbery; Aggravated robbery; Armed robbery; Vehicular hijacking; Aggravated vehicular hijacking; Vehicular invasion; Burglary; Possession of burglary tools; Home invasion; Concealment of homicidal death; Presence within school zone by child sex offenders; Approaching, contacting, residing with, or communicating with a child within certain places by child sex offenders; Stalking; Aggravated stalking; any former statute of Illinois which defined a felony sexual offense; terrorism. Any person seeking to transfer to or residency in Illinois under 730 ILCS 5/3-3-11.05 through 3-3-11.5. 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 be required by an order of the court.

Time of Collection: For those incarcerated: within 45 days of sentencing or disposition, or before discharge, parole, aftercare release, or mandatory supervised release, whichever comes first. For those seeking transfer to or residency in Illinois under 730 ILCS 5/3-3-11.05 through 3-3-11.5: before acceptance for conditional residency where feasible, and no later than 45 days after transfer or residency. If required by court order, then within 45 days of the order; if a sex offender, at the time of initial registration or next required registration; if required to be submitted by court order, then within 45 days after the court order

Expungement: Automatic on notification that a conviction was reversed based on actual innocence, or that a pardon specifically declaring actual innocence was granted. For specimens collected before conviction — unless other charges or convictions independently require a specimen — records are expunged on receipt of a certified copy of a final court order showing the charge was dismissed, ended in acquittal, or was never filed within the applicable period.

Statutes / Case Law

730 Ill. Comp. Stat. Ann. 5/5-4-3 Specimens; genetic marker groups

Legislative History

• Original Enactment — P.A. 86-890 (1989, 86th General Assembly)
  • Effective: July 1, 1990
  • The DNA database and collection mandate were originally created in 1989 by Public Act 86-890, adding Section 5-4-3 to the Unified Code of Corrections. The law initially required only persons convicted of sexual offenses to submit blood, saliva, or tissue specimens to the Illinois State Police for genetic marker analysis. The Illinois State Police began uploading profiles to the FBI’s CODIS system in 1991..
• Major Expansion — P.A. 93-0216 / SB 280 (93rd GA, 2003)
  • Effective: January 1, 2004 Bill: SB 280, 93rd General Assembly Senate Sponsors: Sen. William R. Haine; Sen. Kirk W. Dillard House Sponsor: Rep. Frank J. Mautino
  • This was the most significant expansion of the original law. SB 280 rewrote Section 5-4-3 to extend the collection mandate to all persons convicted of any Illinois felony, not just sex offenses. It also added collection for juveniles adjudicated for qualifying offenses, persons institutionalized as sexually dangerous persons, and those already incarcerated. The statute’s subsection (m) explicitly preserves P.A. 93-216 by name, requiring severability if any provision is found unconstitutional.
• Arrest-Based Collection — P.A. 97-0383 / HB 3238 (97th GA, 2011)
  • Effective: January 1, 2012 (the “Illinois DNA Database Law of 2011” — per subsection (p)) Bill: HB 3238, 97th General Assembly Lead House Sponsor: Rep. Susana A. Mendoza (with broad bipartisan support of 40+ cosponsors)
  • HB 3238 was the second major structural change. Key additions:
  • Pre-conviction (arrest-based) DNA collection for persons arrested for: first degree murder; home invasion; predatory criminal sexual assault of a child; aggravated criminal sexual assault; or criminal sexual assault — mirroring federal practice under the DNA Fingerprint Act
  • Mandatory collection from any person required to register as a sex offender, regardless of conviction date
  • Increased the DNA analysis fee from $200 to $250
  • Elevated penalty for refusal/impeding collection from a Class A misdemeanor to a Class 4 felony
  • Added the fingerprint submission requirement
  • Added the “mistake does not invalidate a database match” protection (subsection (o))

• No program or law. But there is evidence that ISP is using it for backlog reduction and supplemental capacity. This is just in-lab use.
  • 2020 – ISP uses Rapid DNA to tackle backlog and supplement capacity
  • https://www.youtube.com/watch?v=D3KdHpJLMsM – they use it with known suspect in the case. Specifically not using it for casework.
  • https://isp.illinois.gov/Media/CompletePressRelease/655
  • https://www.ilga.gov/documents/reports/ReportsSubmitted/585RSGAEmail1269RSGAAttachFINAL%20HJR%207%20Report%209-25-19.pdf
  • https://abc7chicago.com/post/rapid-dna-now-being-used-at-isp-crime-lab-for-backlog/5981877/
• Legislation
  • 2019 – HJR 0007 (2019, resolution adopted) – ISP forensic services audit – directs the Auditor General to conduct a performance audit of the Illinois State Police Division of Forensic Services and ISP is directed to review and determine the most effective and efficient use of rapid DNA technology, with end goal to take full advantage of Rapid DNA.
    • Here is a recent audit, that may or may not be linked to this 2019 resolution directing the Auditor General to audit ISP.

• No program, but some relevant legislation:
• HB 5486 (2026, passed House, adjourned without Senate action) – establishing the Office of Genealogical Affairs Study commission – tasked with developing legal framework for FGG.

No program or law found.

There are quite dated news articles on the LODNA (2010). 50,000 Illinois felons released without DNA collection

• SB 2989 (2026, did not pass) – DNA Match Accountability Act; ISP to create a statewide automated DNA match tracking system to solve cases.