HB2938 101ST GENERAL ASSEMBLY

LRB101 08935 SLF 54025 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2938

Introduced , by Rep. William Davis

SYNOPSIS AS INTRODUCED:

20 ILCS 2605/2605-40	was 20 ILCS 2605/55a-4
20 ILCS 2605/2605-580 rep.
110 ILCS 947/65.80 rep.
730 ILCS 5/3-14-1.5
730 ILCS 180/Act rep.

Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that Forensic toxicological laboratories shall be established in the State as needed (rather than in Springfield, Chicago, and elsewhere in the State as needed). Repeals a Cyber Gang Unit pilot program created in the Lake County Metropolitan Enforcement Group and the Cook County Sheriff's Office. Repeals provision in the Higher Education Student Assistance Act concerning a forensic science grant program. Amends the Unified Code of Corrections. Provides that a parole agent or parole supervisor shall purchase an off-duty firearm at his or her own expense and shall register the firearm with any local law enforcement agencies that require registration (rather than the Department of State Police with any other local law enforcement agencies that require such registration). Repeals the Methamphetamine Manufacturer Registry Act. Effective immediately.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by changing Section 2605-40 as follows:

(20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)

Sec. 2605-40. Division of Forensic Services. The Division of Forensic Services shall exercise the following functions:

(1) Exercise the rights, powers, and duties vested by law in the Department by the Criminal Identification Act.

(2) Exercise the rights, powers, and duties vested by law in the Department by Section 2605-300 of this Law.

(3) Provide assistance to local law enforcement agencies through training, management, and consultant services.

(4) (Blank).

(5) Exercise other duties that may be assigned by the Director in order to fulfill the responsibilities and achieve the purposes of the Department.

(6) Establish and operate a forensic science laboratory system, including a forensic toxicological laboratory service, for the purpose of testing specimens submitted by coroners and other law enforcement officers in their efforts to determine whether alcohol, drugs, or poisonous or other toxic substances have been involved in deaths, accidents, or illness. Forensic toxicological laboratories shall be established in Springfield, Chicago, and elsewhere in the State as needed.

(6.5) Establish administrative rules in order to set forth standardized requirements for the disclosure of toxicology results and other relevant documents related to a toxicological analysis. These administrative rules are to be adopted to produce uniform and sufficient information to allow a proper, well-informed determination of the admissibility of toxicology evidence and to ensure that this evidence is presented competently. These administrative rules are designed to provide a minimum standard for compliance of toxicology evidence and is not intended to limit the production and discovery of material information. These administrative rules shall be submitted by the Department of State Police into the rulemaking process under the Illinois Administrative Procedure Act on or before June 30, 2017.

(7) Subject to specific appropriations made for these purposes, establish and coordinate a system for providing accurate and expedited forensic science and other investigative and laboratory services to local law enforcement agencies and local State's Attorneys in aid of the investigation and trial of capital cases.

(Source: P.A. 99-801, eff. 1-1-17.)

(20 ILCS 2605/2605-580 rep.)

Section 10. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by repealing Section 2605-580.

(110 ILCS 947/65.80 rep.)

Section 15. The Higher Education Student Assistance Act is amended by repealing Section 65.80.

Section 20. The Unified Code of Corrections is amended by changing Section 3-14-1.5 as follows:

(730 ILCS 5/3-14-1.5)

Sec. 3-14-1.5. Parole agents and parole supervisors; off-duty firearms. Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 of the Criminal Code of 2012 do not apply to parole agents and parole supervisors who meet the following conditions:

(1) The parole agent or parole supervisor must receive training in the use of firearms while off-duty conducted by the Illinois Law Enforcement Training Standards Board and be certified as having successfully completing such training by the Board. The Board shall determine the amount of such training and the course content for such training. The parole agent or parole supervisor shall requalify for the firearms training annually at a State range certified by the Illinois Law Enforcement Training Standards Board. The expenses of such retraining shall be paid by the parole agent or parole supervisor and moneys for such requalification shall be expended at the request of the Illinois Law Enforcement Training Standards Board.

(2) The parole agent or parole supervisor shall purchase a such firearm at his or her own expense and shall register the firearm with the Illinois Department of State Police and with any other local law enforcement agencies that require such registration.

(3) The parole agent or parole supervisor may not carry any Illinois Department of Corrections State issued firearm while off-duty. A person who violates this paragraph (3) is subject to disciplinary action by the Illinois Department of Corrections.

(4) Parole agents and supervisors who are discharged from employment of the Illinois Department of Corrections shall no longer be considered law enforcement officials and all their rights as law enforcement officials shall be revoked permanently.

(Source: P.A. 96-230, eff. 1-1-10; 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13.)

(730 ILCS 180/Act rep.)

Section 25. The Methamphetamine Manufacturer Registry Act is repealed.

Section 99. Effective date. This Act takes effect upon becoming law.