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In re Robert K.

February 21, 2003

IN RE ROBERT K., A MINOR
(THE PEOPLE OF THE STATE OF ILLINOIS, PETITIONER-APPELLEE,
v.
ROBERT K., RESPONDENT-APPELLANT).



Appeal from the Circuit Court of Lake County. No. 99-JD-493 Honorable George Bridges, Judge, Presiding.

Presiding Justice Hutchinson

Unpublished

Respondent, Robert K., appeals the trial court's order requiring him to submit a blood sample for genetic marker (DNA) profiling analysis pursuant to section 5--4--3(a) of the Unified Code of Corrections (the Code) (730 ILCS 5/5--4--3(a) (West 2000)). On appeal, respondent contends that (1) section 5--4--3(a) of the Code violates his right to be free from unreasonable searches and seizures under the federal and state constitutions (U.S. Const., amend. IV; Ill. Const. 1970, art. I, § 6), and (2) section 5--4--3(a) of the Code is invalid because it is irreconcilably inconsistent with the purpose and policy of the Juvenile Court Act of 1987 (the Juvenile Court Act) (705 ILCS 405/1--1 et seq. (West 2000)). We affirm.

On March 24, 2000, respondent admitted to charges that he committed the offenses of aggravated criminal sexual assault (720 ILCS 5/12-- 14(b)(i) (West 2000)) and criminal sexual abuse (720 ILCS 5/12--15(b) (West 2000)). Respondent admitted that on June 26, 1999, he babysat for a nine-year-old boy and a five-year-old boy. While baby-sitting, respondent had both boys place their mouths on his penis. Respondent was 13 years of age at the time. The trial court adjudicated respondent a delinquent minor pursuant to the provisions of the Juvenile Court Act.

Prior to sentencing, respondent underwent a social investigation conducted by the Lake County juvenile probation department. As part of this investigation, respondent was examined by child psychiatrist Dr. Louis Kraus. In his report, Dr. Kraus indicated that he did not believe that respondent was a sexual predator. Dr. Kraus opined that it was highly unlikely that respondent would commit further sexual offenses or participate in further delinquent behavior.

Following a hearing, the trial court placed respondent on probation for a period of five years. Additionally, pursuant to section 5--4-- 3(a) of the Code, the trial court ordered respondent to submit a blood sample for DNA profiling analysis and for registration of his DNA profile. Respondent objected to the taking of a blood sample, arguing that section 5--4--3(a) was invalid because it constituted an unreasonable search and seizure and contravened the purpose of the Juvenile Court Act. The trial court denied respondent's challenge to the statute, and respondent filed a timely notice of appeal.

Respondent's first contention on appeal is that section 5--4--3(a) of the Code violates his constitutional right to be free from unreasonable searches and seizures. Respondent argues that section 5-- 4--3(a) impermissibly allows the State to collect evidence of possible future crimes from an entire class of individuals without a warrant or probable cause.

We begin our analysis with a brief discussion of the statute. Section 5--4--3(a) provides, in relevant part, as follows:

"Any person convicted of, found guilty under the Juvenile Court Act of 1987 for, or who received a disposition of court supervision for, a qualifying offense or attempt of a qualifying offense *** shall, regardless of the sentence or disposition imposed, be required to submit specimens of blood to the Illinois Department of State Police in accordance with the provisions of this Section, provided such person is:

***

(1.5) found guilty or given supervision under the Juvenile Court Act of 1987 for a qualifying offense or attempt of a qualifying offense on or after the effective date of this amendatory Act of 1996[.]" 730 ILCS 5/5--4--3(a) (West 2000).

Qualifying offenses under the statute include aggravated criminal sexual assault and criminal sexual abuse. See 730 ILCS 5/5--4--3(g)(1) (West 2000). All blood samples collected pursuant to this section must be forwarded to the Division of Forensic Services of the Illinois Department of State Police for analysis and categorizing into DNA profiles and placed into a database. 730 ILCS 5/5--4--3(d), (f) (West 2000). The DNA profiles of all individuals who are required to submit blood samples pursuant to this statute are confidential and are maintained by the Division of Forensic Services. 730 ILCS 5/5--4--3(e), (f) (West 2000). The information may be released only to peace officers of the United States and of other states and territories. 730 ILCS 5/ 5--4--3(f) (West 2000). This database may be uploaded into a national database and may not be subject to expungement. 730 ILCS 5/5--4--3(f) (West 2000).

Both the United States and Illinois Constitutions protect citizens from unreasonable searches and seizures. U.S. Const., amend. IV; Ill. Const. 1970, art. I, §6; People v. Fulton, 289 Ill. App. 3d 970, 973 (1997). The primary purpose of these provisions is "to protect the legitimate expectations of privacy that citizens possess in their persons, their homes, and their belongings," while according " 'fair leeway for enforcing the law in the community's protection.' " People v. James, 163 Ill. 2d 302, 311 (1994), quoting Dunaway v. New York, 442 U.S. 200, 208, 60 L. Ed. 2d 824, 833, 99 S. Ct. 2248, 2254 (1979). Our supreme court has construed the search and seizure language found in article I, section 6, of the Illinois Constitution in a manner that is consistent with the United States Supreme Court's fourth amendment jurisprudence. See Fink v. Ryan, 174 Ill. 2d 302, 314 (1996). Whether section 5--4--3(a) of the Code violates the fourth amendment is a question of law that we review de novo. People v. Malchow, 193 Ill. 2d 413, 418 (2000).

This court has previously upheld section 5--4--3(a) of the Code against a fourth amendment challenge in People v. Wealer, 264 Ill. App. 3d 6 (1994). In Wealer, this court explained that, under certain circumstances, the fourth amendment requirement of probable cause is relaxed when the nature of the intrusion occasioned by a particular search or seizure is minimal and the government's interest in performing the search or seizure is significant. Wealer, 264 Ill. App. 3d at 14, citing Michigan Department of State Police v. Sitz, 496 U.S. 444, 110 L. Ed. 2d 412, 110 S. Ct. 2481 (1990). In determining whether the suspicionless search and seizure required by section 5--4--3(a) ran afoul of the fourth amendment, we balanced the State's interest in obtaining DNA profiles, the degree to which the DNA profiles actually advanced that ...


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