People v. Marshall

Under Section 5-4-3 of Unified Code of Corrections, trial court does not have authority to order a defendant to submit a DNA sample and pay a $200 DNA analysis fee, where that defendant has already submitted a DNA sample, and paid a DNA analysis fee, for prior conviction. Code provides circuit court with discretion to order a DNA sample in the rare case that a defendant's prior DNA record had been expunged, or if prior DNA sample is not adequate. (KILBRIDE, FREEMAN, THOMAS, GARMAN, BURKE, and THEIS, concurring.)