SB3067sam001 99TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 4/11/2016

09900SB3067sam001 LRB099 18386 SLF 46938 a

AMENDMENT TO SENATE BILL 3067

AMENDMENT NO. ______. Amend Senate Bill 3067 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Law Enforcement Information Task Force Act.

Section 5. Task Force; purpose. There shall be created a Law Enforcement Information Task Force to study and make recommendations regarding criminal discovery and law enforcement information sharing.

Section 10. Members.

(a) The Task Force shall consist of the following members who will not be compensated:

(1) the Director of the Administrative Office of the Illinois Courts, or his or her designee;

(2) the Attorney General, or his or her designee;

(3) the Director of State Police, or his or her designee;

(4) a State's Attorney from a county with more than 3,000,000 residents, or his or her designee;

(5) a public defender from a county with more than 3,000,000 residents, or his or her designee;

(6) a representative of the Office of the State's Attorneys Appellate Prosecutor;

(7) a representative of the Office of the State Appellate Defender;

(8) a representative of the Illinois State's Attorneys Association, appointed by the Governor;

(9) a representative of the Illinois Public Defender Association, appointed by the Governor;

(10) a representative from the Illinois Judges Association, appointed by the Speaker of the House of Representatives;

(11) a representative from the Illinois State Bar Association, appointed by the Minority Leader of the House of Representatives;

(12) a representative of the Chicago Bar Association, appointed by the Senate President;

(13) a representative from the Illinois Sheriffs' Association, appointed by the Senate Minority Leader;

(14) a representative from the Illinois Association of Chiefs of Police, appointed by the Governor;

(15) the chief of police from a municipality with more than 1,000,000 residents, or his or her designee; and

(16) the sheriff from a county with more than 3,000,000 residents, or his or her designee; and

(17) the Director of the Illinois Criminal Justice Information Authority, or his or her designee.

(b) The Law Enforcement Information Task Force shall be established within the Illinois Criminal Justice Information Authority and the Illinois Criminal Justice Information Authority shall serve as the technology and policy advisor to assist the Task Force. The Illinois Criminal Justice Information Authority shall work with State and local criminal justice agencies to promote information sharing systems through its access to technical expertise and its grant-making powers for technology information projects. The Illinois Criminal Justice Information Authority shall provide staff to serve as a liaison between the Law Enforcement Information Task Force and its stakeholders to provide guidance in criminal justice information sharing, best practices and strategies, and to effectuate the mission of the Task Force.

(c) The members of the Task Force shall elect a chair of the Task Force. The chair of the Task Force shall convene the first meeting of the Task Force on or before August 31, 2016. The Task Force shall meet at least twice a month thereafter until it completes its duties under this Act, or until December 31, 2016, whichever is earlier.

Section 15. Duties of the Task Force.

(a) The Task Force may consult with experts to provide assistance as necessary.

(b) The Task Force shall:

(1) analyze the criminal discovery process in this State to determine the actual costs, including, but not limited to, labor, materials, time, and other tangible costs of the current criminal discovery process to determine how technology can improve the process for all participants;

(2) analyze the process for information sharing, including, but not limited to, an analysis of record management systems, computer aided dispatch systems, and other technology used to process information between law enforcement agencies in this State to determine the actual costs of the current process;

(3) analyze the current information sharing process between law enforcement agencies to determine how technology can improve the process for all participants;

(4) determine which prosecutors' offices obtain all law enforcement discoverable evidence in an electronic format, which prosecutors' offices will soon be able to obtain all law enforcement discoverable evidence in an electronic format, and which prosecutors' offices will not have that ability at any point in the future without assistance;

(5) determine the barriers for those prosecutors' offices that will not be able to obtain law enforcement discoverable evidence in an electronic format without assistance;

(6) determine which law enforcement agencies obtain and utilize data entirely, or partially, in an electronic format, which law enforcement agencies will soon be able to obtain and utilize data entirely in an electronic format, and which law enforcement agencies will not be able to obtain and utilize data entirely in an electronic format at any point in the future without assistance;

(7) study how a single statewide criminal information sharing system or other technology may improve electronic discovery or electronic redaction;

(8) study how a statewide standardized law enforcement reporting form that can be easily redacted may improve the criminal discovery process;

(9) study the short-term needs for law enforcement agencies and State's Attorneys to facilitate greater use of electronic discovery and information sharing;

(10) study whether a single standardized statewide case record management system or other law enforcement technology would provide better and additional access to information for law enforcement;

(11) determine whether a single standardized statewide case record management system or other electronic discovery technology would provide for a better and more efficient criminal discovery process and offer any cost savings;

(12) determine whether a single standardized statewide case record management system or other information sharing technology would provide for a better and more efficient law enforcement information sharing process and offer any cost savings;

(13) suggest an alternative funding process to the State's current method to pay for criminal discovery costs;

(14) suggest an alternative funding process to the State's current method to pay for law enforcement information sharing costs;

(15) determine which executive branch agency, judicial branch agency, or quasi-governmental organization is best suited to serve as a conduit and coordinator for a statewide criminal electronic discovery system; and

(16) determine which executive branch agency, judicial branch agency, or quasi-governmental organization is best suited to serve as a conduit and coordinator for a statewide criminal information sharing system.

Section 20. Preliminary and final report.

(a) The Task Force shall provide a preliminary report to the Governor and General Assembly on or before December 15, 2016, if the final report is not completed by then.

(b) The Task Force shall issue a final report to the Governor and General Assembly on or before January 15, 2017. The report shall include recommendations for legislation, use of technology, and other non-legislative processes that would improve the criminal discovery process and law enforcement information sharing.

Section 25. Repeal. This Act is repealed on February 1, 2017.

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