DNA evidence has become a necessary–and often mandatory–component of criminal prosecution. In fact, Illinois also requires persons convicted of qualifying offenses to submit DNA samples (such as blood, saliva or body tissue) to the Illinois Department of State Police. These samples are compiled in a forensic database that law enforcement officials can check during subsequent criminal investigations. Federal law similarly allows law enforcement to obtain a DNA sample from every person who enters the federal criminal justice system. Those samples are entered into a federal database.
Keep in mind that police may make arrests based on matches with the DNA database. In other words, if your sample is in the database, and it is a match with DNA from an unsolved crime, that can be enough for a judge to issue an arrest warrant.
Illinois DNA Laws
The ubiquity of DNA and its use as evidence–both in and out of courtrooms–is the norm. In fact, Illinois courts have ruled that police may take a swab from a suspect’s cheek without violating his constitutional rights. Remember that DNA can convict the guilty and exonerate the innocent. For that reason, it is important to understand your rights and obligations under Illinois law regarding DNA evidence. Here are five things you should know about state DNA laws:
- Illinois requires law enforcement to test all DNA evidence collected from reported sex crimes. This includes previously untested evidence from past crime scenes that had been collecting dust;
- If you are required by law to submit a DNA sample but refuse to do so, law enforcement may “employ reasonable force” to obtain that sample;
- If the law requires a DNA sample, law enforcement may also take your fingerprints;
- If the law requires you to submit a sample then you must pay a $250 analysis fee (however, you will not be imprisoned solely for inability to pay); and
- Illinois law requires persons who have been arrested for certain offenses to provide a sample. The sample must be submitted within 14 days after an indictment or preliminary hearing where the judge finds there is probable cause to believe the arrestee committed the crime. The qualifying offense are:
- First-degree murder;
- Home invasion;
- Predatory criminal sexual assault of a child;
- Aggravated criminal sexual assault; or
- Criminal sexual assault.
In some cases, Illinois also requires criminals who are transferred into the state to submit samples. If the person is subject to the Interstate Compact for Adult Offender Supervision or the Interstate Agreements on Sexually Dangerous Persons Act, then he must submit a sample within 45 days of his transfer to Illinois.
There are also a number of criminal procedure rules governing how DNA evidence may be used in a trial. Our Schaumburg criminal defense attorneys are well-versed in these rules and know how to mount an effective defense using DNA evidence. Contact us today for a consultation. We can assist those in the Chicago area.