SB0666 102ND GENERAL ASSEMBLY

LRB102 17193 JWD 22647 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0666

Introduced 2/24/2021, by Sen. Patricia Van Pelt

SYNOPSIS AS INTRODUCED:

New Act
20 ILCS 2605/2605-615 new
725 ILCS 5/111-9 new

Creates the Forensic Laboratory Impact Note Act. Creates the Forensic Laboratory Impact Note. Provides that every bill, the purpose or effect of which is to increase or decrease the number of crime laboratories, increase or decrease the cost of operating crime laboratories, or alter any process involving or used by crime laboratories, either directly or indirectly, shall have prepared for it prior to second reading in the house of introduction a brief explanatory statement of the estimated total annual cost of such changes to the State and units of local government affected by those changes (if any). Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Creates the Illinois Forensic Science Commission. Provides that the Commission shall provide guidance to ensure the efficient delivery of forensic services and the sound practice of forensic science. Provides for the membership, meetings, duties, and reporting of the Commission. Amends the Illinois Procurement Code. Provides for the appointment of a chief procurement officer for publicly-funded forensic laboratories. Amends the Code of Criminal Procedure of 1963. Provides that upon disposition, withdrawal, or dismissal of any charge, the State's Attorney shall promptly notify the forensic laboratory or laboratories in possession of evidence, reports, or other materials or information related to that charge. Provides that a forensic scientist who is employed by or is contracted with the Division of Forensic Services of the Illinois State Police may complete a deposition by video conference or other electronic means. Effective immediately.

A BILL FOR

AN ACT concerning forensic science.

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

Section 1. Short title. This Act may be cited as the Forensic Laboratory Impact Note Act. References in this Article to "this Act" mean this Article.

Section 5. Scope. Every bill, the purpose or effect of which will: increase or decrease the number of crime laboratories; increase or decrease the cost of operating crime laboratories; impact on efficiencies and case loads as well as provide other facts, data, research, and science relevant to the legislative matter; or result in alteration in any process involving or used by crime laboratories; either directly or indirectly, shall have prepared for it prior to second reading in the house of introduction a brief explanatory statement of the estimated total annual cost of such changes to the State and units of local government affected by those changes (if any). These statements shall be known as "Forensic Laboratory Impact Notes".

Section 10. Procedure. The sponsor of each bill referred to in Section 5 shall present a copy of the bill, with his or her requirements for a Note, to the Commission. The Note shall be prepared by the Illinois Forensic Science Commission and furnished to the sponsor of the bill within 5 calendar days thereafter; except that whenever, because of the complexity of the measure, additional time is required for the preparation of the Note the Commission may so inform the sponsor of the bill and the sponsor may approve an extension of the time within which the note should be furnished, not to extend, however, beyond May 15 the odd numbered year following the date of request.

Whenever the sponsor of any measure is of the opinion that no Note is necessary, any member of either house may thereafter request that a Note be obtained, and in such case the matter shall be decided by majority vote of those present and voting in the house of which he or she is a member.

Section 15. Purpose. The purpose of the Note shall be to identify the fiscal and practical effects of proposed legislation, including, but not limited to, analysis of technology, additional, alterations, improvements, or practices of forensic analyses for use in criminal proceedings, impact on the following headcount, space, equipment, instruments, accreditation, volume of cases for analysis, scientific controls and quality assurance.

Section 20. Content. The Note shall be factual in nature, as brief and concise as may be, and shall provide a reliable estimate of the annual cost to crime laboratories for which the change is required. If it is determined that such need can not be ascertained, the Note shall contain a statement to that effect, setting forth the reasons why a determination of need cannot be given.

Whenever any measure by which a Note is requested affects both the State and one or more units of local government, such effect must be set forth in the Note.

No comment or opinion shall be included in the Note regarding the merits of the measure for which the Note is prepared; however, technical or mechanical defects may be noted. The name of the Illinois Forensic Science Commission shall appear at the end of the note and the original of the Note shall be signed by a designee of the Commission.

Section 25. Committee appearances. The fact that a Note is prepared for any bill shall not preclude or restrict the appearance before any committee of the General Assembly of any official or authorized employee of the Commission, or any State board, commission, department, agency, or other entity, who desires to be heard in support of or in opposition to the measure.

Section 30. Amendments. Whenever any committee of either house reports any bill with amendments of such a nature as will: increase or decrease the number of crime laboratories; increase or decrease the cost of operating crime laboratories; impact on efficiencies and case loads as well as provide other facts, data, research, and science relevant to the legislative matter; or result in alteration in any process involving or used by crime laboratories; either directly or indirectly, as stated in the Note relating to the measure at the time of its referral to the committee, there shall be included with the report of the committee a statement of the effect of the change proposed by the amendment reported as desired by a majority of the committee.

Whenever any measure is amended on the floor of either house in such manner as will: increase or decrease the number of crime laboratories; increase or decrease the cost of operating crime laboratories; impact on efficiencies and case loads as well as provide other facts, data, research, and science relevant to the legislative matter; or result in alteration in any process involving or used by crime laboratories; either directly or indirectly, as stated in the Note relating to the measure prior to such amendment, a majority of such house may propose that no action shall be taken upon the amendment until the sponsor of the amendment shows to the members a statement of the effect of his or her proposed amendment.

Section 50. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by adding Section 2605-615 as follows:

(20 ILCS 2605/2605-615 new)

Sec. 2605-615. Illinois Forensic Science Commission.

(a) Creation. There is created within the Illinois State Police the Illinois Forensic Science Commission.

(b) Duties and purpose. The Commission shall:

(1) Provide guidance to ensure the efficient delivery of forensic services and the sound practice of forensic science.

(2) Provide a forum for discussions between forensic science stakeholders to improve communication and coordination and to monitor the important issues impacting all stakeholders.

(3) Take a systems-based approach in reviewing all aspects of the delivery of forensic services and the sound practice of forensic science with the goal of reducing or eliminating the factors and inefficiencies that contribute to backlogs and errors, with a focus on education and training, funding, hiring, procurement, and other aspects identified by the Commission.

(4) Review significant non-conformities with the sound practice of forensic science documented by each publicly-funded forensic laboratory and offer recommendations for the correction thereof.

(5) Subject to appropriation, provide educational, research, and professional training opportunities for practicing forensic scientists, police officers, judges, State's Attorneys and Assistant State's Attorneys, Public Defenders, and defense attorneys comporting with the sound practice of forensic science.

(6) Collect and analyze information related to the impact of current laws, rules, policies, and practices on forensic crime laboratories and the practice of forensic science; evaluate the impact of those laws, rules, policies, and practices on forensic crime laboratories and the practice of forensic science; identify new policies and approaches, together with changes in science, and technology; and make recommendations for changes to those laws, rules, policies, and practices that will yield better results in the criminal justice system consistent with the sound practice of forensic science.

(7) Perform such other studies or tasks pertaining to forensic crime laboratories as may be requested by the General Assembly by resolution or the Governor, and perform such other functions as may be required by law or as are necessary to carry out the purposes and goals of the Commission prescribed in this Section.

(8) Ensure that adequate resources and facilities are available for carrying out the changes proposed in legislation and that rational priorities are established for the use of those resources. To do so, the Commission shall prepare Forensic Laboratory Impact Notes identifying the fiscal and practical effects of proposed legislation according to the provisions of the Forensic Laboratory Impact Note Act, including, but not limited to, staffing, resources, and a professional opinion on the value of the change or changes proposed and related science.

(c) Members. The Commission shall be composed of the Director of the Illinois State Police, or his or her designee, together with the following members appointed for a term of 4 years by the Governor with the advice and consent of the Senate:

(1) One crime laboratory director or administrator from each publicly-funded forensic laboratory system.

(2) One member with experience in the admission of forensic evidence in trials from a statewide association representing prosecutors.

(3) One member with experience in the admission of forensic evidence in trials from a statewide association representing criminal defense attorneys.

(4) Three forensic scientists with bench work background from various forensic disciplines (e.g., DNA, chemistry, pattern evidence, etc.).

(5) One retired circuit court judge or associate circuit court judge with criminal trial experience, including experience in the admission of forensic evidence in trials.

(6) One academic specializing in the field of forensic sciences.

(7) One or more community representatives (e.g., victim advocates, innocence project organizations, sexual assault examiners, etc.).

The Governor shall designate one of the members of the Commission to serve as the chair of the Commission. The members of the Commission shall elect from their number such other officers as they may determine. Members of the Commission shall serve without compensation, but may be reimbursed for reasonable expenses incurred in the performance of their duties from funds appropriated for that purpose.

(d) Subcommittees. The Commission may form subcommittees to study specific issues identified under paragraph (3) of subsection (b), including, but not limited to, subcommittees on education and training, procurement, funding and hiring. Ad hoc subcommittees may also be convened to address other issues. Such subcommittees shall meet as needed to complete their work, and shall report their findings back to the Commission. Subcommittees shall include members of the Commission, and may also include non-members such as forensic science stakeholders and subject matter experts.

(e) Meetings. The Commission shall meet quarterly, at the call of the chairperson. Facilities for meeting, whether remotely or in person, shall be provided for the Commission by the Illinois State Police.

(f) Reporting by publicly-funded forensic laboratories. All State and local publicly-funded forensic laboratory systems, including, but not limited to, the DuPage County Forensic Science Center, the Northeastern Illinois Regional Crime Laboratory, and the Illinois State Police, shall annually provide to the Commission a report summarizing its significant non-conformities with the efficient delivery of forensic services and the sound practice of forensic science. The report will identify: each significant non-conformity or deficient method; how the non-conformity or deficient method was detected; the nature and extent of the non-conformity or deficient method; all corrective actions implemented to address the non-conformity or deficient method; and an analysis of the effectiveness of the corrective actions taken.

(g) Definition. As used in this Section, "Commission" means the Illinois Forensic Science Commission.

Section 60. The Code of Criminal Procedure of 1963 is amended by adding Sections 111-9 and 116-6 as follows:

(725 ILCS 5/111-9 new)

Sec. 111-9. Notification to forensic laboratories. Unless the Supreme Court shall by Rule provide otherwise, upon disposition, withdrawal, or dismissal of any charge, the State's Attorney shall promptly notify the forensic laboratory or laboratories in possession of evidence, reports, or other materials or information related to that charge. Notification may be given by any reasonable means under the circumstances, including, but not limited to, the Illinois State Police Laboratory Information Management System, email, or telephone.

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