Murneigh v. Gainer

In this appeal we determine the constitutionality of a statutory provision and two regulations which provide for the collection of blood specimens from certain convicted sex offenders. These provisions require Illinois courts to enter orders for the collection of blood from certain convicted sex offenders and to enforce such orders by the exercise of the court’s contempt power. The circuit court held that these provisions violate the separation of powers clause of the Illinois Constitution of 1970.

Plaintiff, Joe Murneigh, is a former prisoner of the Illinois Department of Corrections who was…