People v. Marshall

Chief Justice Kilbride and Justices Freeman, Thomas, Garman, Burke, and Theis concurred in the judgment and opinion.

OPINION

The issue presented in this case is whether, under section 5 — 4—3 of the Unified Code of Corrections (Code) (730 ILCS 5/5 — 4—3 (West 2008)), a trial court has the authority to order a defendant to submit a sample of his deoxyribonucleic acid (DNA) for forensic analysis and indexing and to pay a $200 DNA analysis fee where that defendant has already submitted a DNA sample pursuant to a prior conviction and has paid a corresponding analysis fee. Defendant, Earl Lee…