People v. Marshall 

Illinois Appellate Court
Criminal Court
Fines and Costs
Citation
Case Number: 
No. 3-08-0825
Decision Date: 
Thursday, July 8, 2010
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Affirmed.
Justice: 
SCHMIDT
Defendant pled guilty to first degree murder, sentenced to 33 years imprisonment and ordered to pay DNA analysis of $200. Defendant appealed $200 fee, arguing that he already had a DNA sample on file, so court was without authority to order DNA sample or to impose fee. Section 5-4-3 of Unified Code of Corrections requires that a person convicted of a qualifying offense submit specimen and pay $200 analysis fee. Statute does not excuse payment of fee for a defendant whose DNA is already in the database; statute provides a process for expungement of DNA from database; statute cannot be interpreted to mean that a person cannot be required to give DNA sample and to pay $200 fine more than once. (HOLDRIDGE and O'BRIEN, concurring.)