HJ0031 101ST GENERAL ASSEMBLY

HJ0031 LRB101 10661 MST 56096 r

HOUSE JOINT RESOLUTION

WHEREAS, Scientific evidence can be a difficult subject for juries to understand; and

WHEREAS, Expert testimony can hold enough weight to sway the opinion of a jury; and

WHEREAS, It is important that judges accurately fulfill their roles as the initial gatekeepers of admitting into evidence expert testimony that has sufficient guarantees of being trustworthy and reliable, has withstood peer review, and/or has otherwise applied robust and validated scientific principles; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there is created the Task Force on the Admissibly of Scientific Evidence and Expert Testimony to study the standards of admission of expert testimony on scientific evidence in the courtroom; and be it further

RESOLVED, That the Task Force shall study the following:

(1) The current standard for the admission of scientific evidence and its effectiveness;

(2) The Daubert/Frye/Federal Rules Evidence Rule 702 standard and how it has worked for other states;

(3) Whether litigants are subject to "junk science" and the effectiveness of courts in their gatekeeping roles;

(4) How frequently scientific evidence is challenged, and how frequently judges permit such evidence to come before the jury with or without limiting instructions;

(5) How a better structure for more rigorous review of scientific evidence can be achieved at the admissibility stage in Illinois courts; and

(6) The support resources available to judges for the consideration and review of scientific evidence; and be it further

RESOLVED, That the Task Force shall consist of the following members, who shall serve without compensation:

(1) Two members of the House of Representatives appointed by the Speaker of the House;

(2) Two members of the House of Representatives appointed by the Minority Leader of the House;

(3) Two members of the Senate appointed by the President of the Senate;

(4) Two members of the Senate appointed by the Minority Leader of the Senate;

(5) Four members representing state's attorneys appointed by the legislative members who have been appointed to the Task Force;

(6) Four members representing public defenders appointed by the legislative members who have been appointed to the Task Force;

(7) Four members representing judges whose cases regularly involve scientific evidence appointed by the legislative members who have been appointed to the Task Force; and

(8) Four members representing experts in the scientific community appointed by the legislative members who have been appointed to the Task Force; and be it further

RESOLVED, That the Task Force shall meet for the first time at the call of the legislative leaders and shall elect amongst themselves a chairperson at the first meeting; and be it further

RESOLVED, That the Task Force shall meet no less than once a month for the 12 months following the first meeting; and be it further

RESOLVED, That the Illinois State Bar Association shall provide administrative support to the Task Force; and be it further

RESOLVED, That the Task Force shall present its findings and recommendations to the Governor and the General Assembly no later than November 1, 2020, and, upon the filing of its report, is dissolved.