CRIM PRO-DNA ANALYSIS
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HB 779 — CRIM PRO-DNA ANALYSIS
Last action — Session Sine Die
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 94th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Amends the Code of Criminal Procedure of 1963 and the Unified Code of Corrections. Provides that every person arrested for committing a felony shall have a sample of his or her saliva or tissue taken for DNA fingerprinting analysis, at the time of booking, for the purpose of determining identity and for certain other specified purposes. Provides that subject to appropriation, the Department of State Police shall implement this provision. Provides that this provision becomes operative no later than the earliest of the following: (1) two years after the effective date of this amendatory Act; (2) the date on which the Department of State Police informs law enforcement agencies that the Department is ready to collect samples; or (3) January 1, 2008. Effective immediately.
Bill Text
What changed in the latest version
373 added · 369 removedPlain-language change summary
The amendments to HB 779 expand the definition of obstructing justice to specifically include tampering with evidence collected under certain sections of Illinois law. This is significant because it makes it clearer that issues like destroying or altering evidence related to ongoing investigations are serious offenses that can lead to felony charges. By explicitly including evidence tampering in the law, the bill strengthens the framework to hold individuals accountable for actions that could undermine the legal process.
*LRB09403414RLC33416b* HB0779 94THEngrossed GENERALLRB094 ASSEMBLY03414 StateRLC of33416 Illinoisb andAN 2006ACT HB0779concerning Introducedcriminal 2/2/2005,law. by Rep.
Susana A Mendoza SYNOPSIS AS INTRODUCED:
ILCS 5/107-2.5 new ILCS 5/5-4-3 from Ch.
38, par.
1005-4-3 Amends the Code of Criminal Procedure of 1963 and the Unified Code of Corrections.
Provides that every person arrested for committing a felony shall have a sample of his or her saliva or tissue taken for DNA fingerprinting analysis, at the time of booking, for the purpose of determining identity and for certain other specified purposes.
Provides that subject to appropriation, the Department of State Police shall implement this provision.
Provides that this provision becomes operative no later than the earliest of the following:
(1) two years after the effective date of this amendatory Act;
(2) the date on which the Department of State Police informs law enforcement agencies that the Department is ready to collect samples;
or (3) January 1, 2008.
Effective immediately.
LRB094 03414 RLC 33416 b FISCAL NOTE ACT MAY APPLY A BILL FOR HB0779 LRB094 03414 RLC 33416 b AN ACT concerning criminal law.
Section 5.3.
The Code of Criminal ProcedureCode of 19631961 is amended by addingchanging Section 107-2.531-4 as follows:
(720 ILCS 5/31-4) (from Ch.
38, par.
31-4) Sec.
31-4.
Obstructing justice.
(a) A person obstructs justice when, with intent to prevent the apprehension or obstruct the prosecution or defense of any person, he knowingly commits any of the following acts:
(1) (a) Destroys, alters, conceals or disguises physical evidence, plants false evidence, furnishes false information;
or (2) (b) Induces a witness having knowledge material to the subject at issue to leave the State or conceal himself;
or (3) (c) Possessing knowledge material to the subject at issue, he leaves the State or conceals himself.
(4) Destroys, alters, conceals, disguises, or otherwise tampers with evidence collected under Section 107-2.5 of the Code of Criminal Procedure of 1963 or Section 5-4-3 of the Unified Code of Corrections.
(b) (d) Sentence.
(1) Obstructing justice is a Class 4 felony, except as provided in paragraph (2) of this subsection (b) (d).
(2) Obstructing justice in furtherance of streetgang related or gang-related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act, is a Class 3 felony.
Obstructing justice in violation of paragraph (a)(4) is a Class 3 felony.
(Source:
P.A.
90-363, eff.
1-1-98.) Section 5.
The Code of Criminal Procedure of 1963 is HB0779 Engrossed - 2 - LRB094 03414 RLC 33416 b amended by adding Section 107-2.5 as follows:
(b) If charges are dismissed or an individual is found not guilty, any expungement of that person’s DNA sample shall be in HB0779 - 2 - LRB094 03414 RLC 33416 b accordance with the procedures set forth in Section 5 of the Criminal Identification Act.
(2) the date on which the HB0779 Engrossed - 3 - LRB094 03414 RLC 33416 b Department of State Police informs law enforcement agencies that the Department is ready to collect samples;
(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 HB0779 - 3 - LRB094 03414 RLC 33416 b sentence, or given a disposition of court supervision for the offense;
(2) ordered institutionalized as a sexually dangerous HB0779 Engrossed - 4 - LRB094 03414 RLC 33416 b person on or after July 1, 1990;
Notwithstanding other provisions of this Section, any person incarcerated in a facility of the Illinois Department of Corrections on or after August 22, 2002 shall be required to submit a specimen of blood, saliva, or tissue prior to his or HB0779 - 4 - LRB094 03414 RLC 33416 b her final discharge or release on parole or mandatory supervised release, as a condition of his or her parole or mandatory supervised release.
(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 who was found guilty or given supervision for such a violation under the Juvenile Court Act HB0779 Engrossed - 5 - LRB094 03414 RLC 33416 b 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 Department of State Police in accordance with the provisions of this Section.
Show all 51 changed lines (11 more)
The law enforcement officer shall verify that the arrestee sample has not been previously HB0779 - 5 - LRB094 03414 RLC 33416 b collected at each arrest.
Only a physician authorized to practice medicine, a registered nurse or other qualified person trained in venipuncture may withdraw blood for the purposes of HB0779 Engrossed - 6 - LRB094 03414 RLC 33416 b this Act.
(d-6) Agencies designated by the Illinois Department of HB0779 - 6 - LRB094 03414 RLC 33416 b State Police and the Illinois Department of 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 samples.
HB0779 Engrossed - 7 - LRB094 03414 RLC 33416 b (f) The genetic marker grouping analysis information obtained pursuant to this Act and the information obtained under Section 107-2.5 of the Code of Criminal Procedure of 1963 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.
(f-1) Upon receipt of notification of a reversal of a conviction based on actual innocence, or of the granting of a HB0779 - 7 - LRB094 03414 RLC 33416 b 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 Department of State Police, the DNA record shall be expunged from the DNA identification index, and HB0779 Engrossed - 8 - LRB094 03414 RLC 33416 b the Department shall by rule prescribe procedures to ensure that the record and any samples, 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.
(f-5) Any person who intentionally uses genetic marker grouping analysis information, or any other information derived from a DNA sample, beyond the authorized uses as provided under this Section,Section or under Section 107-2.5 of the Code of Criminal Procedure of 1963, or any other Illinois law, is guilty of a Class 3 4 felony, and shall be subject to a fine of not less than $5,000.
(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, 19-1, or 19-2 of the Criminal Code of 1961 for which HB0779 - 8 - LRB094 03414 RLC 33416 b persons are convicted on or after July 1, 2001;
or HB0779 Engrossed - 9 - LRB094 03414 RLC 33416 b (5) any violation or inchoate violation of Article 29D of the Criminal Code of 1961.
If the analysis fee is not paid at the time of sentencing, the court shall establish a fee schedule by which the entire amount of the analysis fee shall be paid in full, such schedule not to HB0779 - 9 - LRB094 03414 RLC 33416 b exceed 24 months from the time of conviction.
(1) The State Offender DNA Identification System Fund HB0779 Engrossed - 10 - LRB094 03414 RLC 33416 b is hereby created as a special fund in the State Treasury.
(l) The failure of a person to provide a specimen, or of HB0779 - 10 - LRB094 03414 RLC 33416 b any person or agency to collect a specimen, within the 45 day period shall in no way alter the obligation of the person to submit such specimen, or the authority of the Illinois Department of State Police or persons designated by the Department to collect the specimen, or the authority of the Illinois Department of State Police to accept, analyze and HB0779 Engrossed - 11 - LRB094 03414 RLC 33416 b maintain the specimen or to maintain or upload results of genetic marker grouping analysis information into a State or national database.
Show all 51 changed rows (11 more)
Action History
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Session Sine Die
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Added Co-Sponsor Rep. Charles E. Jefferson
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Added Co-Sponsor Rep. Esther Golar
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Added as Alternate Co-Sponsor Sen. Pamela J. Althoff
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Added as Alternate Co-Sponsor Sen. Louis S. Viverito
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Added as Alternate Co-Sponsor Sen. Richard J. Winkel, Jr.
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Added as Alternate Co-Sponsor Sen. Antonio Munoz
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Added as Alternate Co-Sponsor Sen. Iris Y. Martinez
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Added as Alternate Co-Sponsor Sen. Edward Petka
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Added as Alternate Co-Sponsor Sen. Peter J. Roskam
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Added as Alternate Co-Sponsor Sen. Martin A. Sandoval
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Added as Alternate Co-Sponsor Sen. Edward D. Maloney
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Added as Alternate Chief Co-Sponsor Sen. Kimberly A. Lightford
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Added as Alternate Chief Co-Sponsor Sen. Kirk W. Dillard
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Added as Alternate Chief Co-Sponsor Sen. William R. Haine
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Referred to Rules
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First Reading
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Chief Senate Sponsor Sen. James F. Clayborne, Jr.
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Placed on Calendar Order of First Reading April 6, 2005
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Arrive in Senate
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Added Co-Sponsor Rep. Ed Sullivan, Jr.
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Added Co-Sponsor Rep. Jack D. Franks
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Third Reading - Standard Debate - Passed 105-001-007
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Calendar Order of 3rd Reading - Standard Debate
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Removed from Short Debate Status Rep. Susana A Mendoza
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Co-Sponsor Rep. John D'Amico
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Co-Sponsor Rep. Eddie Washington
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Added Co-Sponsor Rep. Richard T. Bradley
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 013-001-000
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House Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
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House Committee Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
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Added Co-Sponsor Rep. Donald L. Moffitt
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Added Co-Sponsor Rep. Julie Hamos
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Added Co-Sponsor Rep. Eileen Lyons
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Added Co-Sponsor Rep. William Davis
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Added Co-Sponsor Rep. Kathleen A. Ryg
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Added Co-Sponsor Rep. Deborah L. Graham
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Added Co-Sponsor Rep. Karen A. Yarbrough
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Added Co-Sponsor Rep. Marlow H. Colvin
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Added Co-Sponsor Rep. Kevin Joyce
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Added Co-Sponsor Rep. David E. Miller
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Added Co-Sponsor Rep. Jay C. Hoffman
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Added Co-Sponsor Rep. Robert Rita
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Added Co-Sponsor Rep. Kurt M. Granberg
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Added Co-Sponsor Rep. Patrick J Verschoore
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Added Co-Sponsor Rep. Jack McGuire
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Added Co-Sponsor Rep. Mike Boland
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Added Co-Sponsor Rep. Daniel V. Beiser
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Added Co-Sponsor Rep. Michael K. Smith
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Added Co-Sponsor Rep. Thomas Holbrook
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Added Co-Sponsor Rep. Gary Hannig
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Added Co-Sponsor Rep. Patricia Bailey
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Added Co-Sponsor Rep. James D. Brosnahan
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Added Co-Sponsor Rep. George Scully, Jr.
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Added Co-Sponsor Rep. Frank J. Mautino
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Added Co-Sponsor Rep. Joseph M. Lyons
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Added Co-Sponsor Rep. Careen M Gordon
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Added Co-Sponsor Rep. Linda Chapa LaVia
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Added Co-Sponsor Rep. Patricia R. Bellock
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Removed Co-Sponsor Rep. John J. Millner
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Added Chief Co-Sponsor Rep. John J. Millner
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Added Chief Co-Sponsor Rep. Arthur L. Turner
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Added Chief Co-Sponsor Rep. Jim Sacia
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Added Chief Co-Sponsor Rep. William Delgado
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Added Co-Sponsor Rep. Michelle Chavez
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Added Co-Sponsor Rep. Maria Antonia Berrios
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Remove Chief Co-Sponsor Rep. Michelle Chavez
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Remove Chief Co-Sponsor Rep. Maria Antonia Berrios
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Added Co-Sponsor Rep. Shane Cultra
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Added Co-Sponsor Rep. Aaron Schock
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Added Co-Sponsor Rep. Ronald A. Wait
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Added Co-Sponsor Rep. Michael Tryon
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Added Co-Sponsor Rep. Ron Stephens
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Added Co-Sponsor Rep. Cynthia Soto
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Added Co-Sponsor Rep. Terry R. Parke
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Added Co-Sponsor Rep. Elaine Nekritz
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Added Co-Sponsor Rep. Jerry L. Mitchell
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Added Co-Sponsor Rep. John J. Millner
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Added Co-Sponsor Rep. Michael P. McAuliffe
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Added Co-Sponsor Rep. Patricia Reid Lindner
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Added Chief Co-Sponsor Rep. Michelle Chavez
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Added Chief Co-Sponsor Rep. Maria Antonia Berrios
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Assigned to Judiciary II - Criminal Law Committee
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Added Co-Sponsor Rep. Paul D. Froehlich
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Referred to Rules Committee
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First Reading
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Filed with the Clerk by Rep. Susana A Mendoza
Sponsors
- Susana A Mendoza · Cosponsor
- Edward D. Maloney · Cosponsor
- Martin A. Sandoval · Cosponsor
- Peter J. Roskam · Cosponsor
- Edward Petka · Cosponsor
- Iris Y. Martinez · Cosponsor
- Antonio Munoz · Cosponsor
- Jr. Richard J. Winkel · Cosponsor
- Louis S. Viverito · Cosponsor
- Pamela J. Althoff · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 10 co-sponsors · 173 not signed on
Sponsors (0)
None.
Co-sponsors (10)
- Susana A Mendoza
- Edward D. Maloney
- Martin A. Sandoval
- Peter J. Roskam
- Edward Petka
- Iris Y. Martinez
- Antonio Munoz
- Richard J. Winkel, Jr.
- Louis S. Viverito
- Pamela J. Althoff
Not signed on (173)
173 members have not signed on to this bill.
Show all 173 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 95 | 1 | 0 | 10 |
| Democrat | 7 | 0 | 0 | 2 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 105 | 1 | 0 | 12 |
| % of votes cast | 89% | 1% | 0% | 10% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Schock | — | Yea |
| Scully | — | Yea |
| Sommer | — | Yea |
| Soto | — | Yea |
| Leitch | — | Yea |
| Acevedo | — | Yea |
| Bassi | — | Yea |
| Mathias | — | Yea |
| Beaubien | — | Yea |
| Beiser | — | Yea |
| Bellock | — | Not Voting |
| Berrios | — | Yea |
| Mautino | — | Yea |
| Biggins | — | Yea |
| Black | — | Yea |
| Boland | — | Yea |
| May | — | Yea |
| Bost | — | Yea |
| Brauer | — | Yea |
| Brosnahan | — | Yea |
| Mendoza | — | Yea |
| Moffitt | — | Yea |
| Coulson | — | Yea |
| Flowers | — | Not Voting |
| Gordon | — | Yea |
| Munson | — | Yea |
| Hamos | — | Yea |
| Holbrook | — | Yea |
| Jefferson | — | Yea |
| Jenisch | — | Yea |
| Osmond | — | Yea |
| Lang | — | Yea |
| Lindner | — | Yea |
| Bailey | — | Yea |
| Lyons, Eileen | — | Yea |
| Reitz | — | Yea |
| Lyons, Joseph | — | Yea |
| Dugan | — | Yea |
| Dunkin | — | Yea |
| Dunn | — | Yea |
| Eddy | — | Yea |
| Flider | — | Yea |
| Krause | — | Yea |
| McAuliffe | — | Yea |
| McCarthy | — | Yea |
| Meyer | — | Yea |
| McGuire | — | Yea |
| Millner | — | Yea |
| Molaro | — | Yea |
| Bradley, John | — | Yea |
| Mulligan | — | Yea |
| Bradley, Richard | — | Yea |
| Myers | — | Yea |
| Brady | — | Yea |
| Nekritz | — | Yea |
| Parke | — | Yea |
| Phelps | — | Yea |
| Mitchell, Bill | — | Yea |
| Hannig | — | Yea |
| Burke | — | Yea |
| Sullivan | — | Yea |
| Mitchell, Jerry | — | Yea |
| Sacia | — | Yea |
| Tenhouse | — | Yea |
| Tryon | — | Yea |
| Turner | — | Yea |
| Wait | — | Yea |
| Washington | — | Yea |
| Winters | — | Yea |
| Yarbrough | — | Yea |
| Watson | — | Yea |
| Jones | — | Yea |
| Chavez | — | Yea |
| Churchill | — | Yea |
| Colvin | — | Yea |
| Cross | — | Yea |
| Cultra | — | Yea |
| D'Amico | — | Yea |
| Franks | — | Yea |
| Fritchey | — | Yea |
| Froehlich | — | Yea |
| Graham | — | Yea |
| Granberg | — | Yea |
| Hassert | — | Yea |
| Hultgren | — | Yea |
| Jakobsson | — | Yea |
| Kosel | — | Yea |
| Madigan | — | Not Voting |
| Howard | — | Not Voting |
| Davis, Monique | — | Not Voting |
| McKeon | — | Not Voting |
| Verschoore | — | Not Voting |
| Younge | — | Not Voting |
| Currie | — | Nay |
| Daniels | — | Not Voting |
| Giles | — | Not Voting |
| Osterman | — | Yea |
| Patterson | — | Yea |
| Pihos | — | Yea |
| Poe | — | Yea |
| Pritchard | — | Yea |
| Reis | — | Yea |
| Ryg | — | Yea |
| Chapa LaVia | — | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Lakesia Collins | Democrat | Not Voting |
| Michael J. Kelly | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Patrick J. Joyce | Democrat | Not Voting |
| Robert "Bob" Rita | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Yea |
| Chapin Rose | Republican | Yea |
| Chris Miller | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 779 do?
- Amends the Code of Criminal Procedure of 1963 and the Unified Code of Corrections. Provides that every person arrested for committing a felony shall have a sample of his or her saliva or tissue taken for DNA fingerprinting analysis, at the time of booking, for the purpose of determining identity and for certain other specified purposes. Provides that subject to appropriation, the Department of State Police shall implement this provision. Provides that this provision becomes operative no later than the earliest of the following: (1) two years after the effective date of this amendatory Act; (2) the date on which the Department of State Police informs law enforcement agencies that the Department is ready to collect samples; or (3) January 1, 2008. Effective immediately.
- Who sponsors HB 779?
- HB 779 is sponsored by Susana A Mendoza, Edward D. Maloney, Martin A. Sandoval, Peter J. Roskam, Edward Petka, Iris Y. Martinez, Antonio Munoz, Richard J. Winkel, Jr., Louis S. Viverito, and Pamela J. Althoff.
- What is the current status of HB 779?
- This bill died with 94th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 779?
- Track HB 779 free on One Click Politics — get push/email alerts when it moves.
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