SB3738 102ND GENERAL ASSEMBLY

LRB102 23463 RLC 35049 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3738

Introduced 1/21/2022, by Sen. Adriane Johnson

SYNOPSIS AS INTRODUCED:

30 ILCS 105/5.970 new
730 ILCS 5/5-9.1-23 new

Amends the Unified Code of Corrections. Provides that when a person is adjudged guilty of first degree murder, any sex offense defined in the Sex Offender Registration Act, or financial exploitation of an elderly person or a person with a disability, in addition to any other disposition, penalty, or fine imposed, an analysis fee of $150 shall be imposed for each digital device analyzed by a cyber crime laboratory. Provides that upon verified petition of the defendant, the court shall suspend payment of all or part of the fee if it finds that the defendant does not have the ability to pay the fee. Creates the State Police Crime Laboratory Fund in the State treasury. Provides that the analysis fee shall be forwarded to the office of the treasurer of the unit of local government that performed the forensic analysis if that unit of local government has established a cyber crime laboratory fund, or remitted to the State Treasurer for deposit into the State Crime Laboratory Fund if the analysis was performed by a laboratory operated by the Illinois State Police. Provides that moneys deposited into a cyber crime laboratory fund created by a unit or a combination of units of local government shall be in addition to any allocations made pursuant to existing law and shall be designated for the exclusive use of the cyber crime laboratory. Provides that moneys deposited in the State Crime Laboratory Fund shall be used by State crime laboratories as designated by the Director of the Illinois State Police. Provides that these funds shall be in addition to any allocations made according to existing law and shall be designated for the exclusive use of State crime laboratories. Adds various definitions. Amends the State Finance Act to make conforming changes.

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The State Finance Act is amended by adding Section 5.970 as follows:

(30 ILCS 105/5.970 new)

Sec. 5.970. The State Police Crime Laboratory Fund.

Section 10. The Unified Code of Corrections is amended by adding Section 5-9.1-23 as follows:

(730 ILCS 5/5-9.1-23 new)

Sec. 5-9.1-23. Cyber crime laboratory fee.

(a) In this Section:

"Cyber crime laboratory" means a not-for-profit laboratory substantially funded by a single unit or combination of units of local government, including law enforcement agencies, or the State of Illinois that regularly employs at least one person engaged in the forensic analysis and examination of digital devices for criminal justice agencies in criminal matters and provides testimony with respect to such examinations.

"Digital device" means a computer, mobile telecommunications device, or any other electronic device that accepts, processes, stores, retrieves, or outputs data and includes, but is not limited to, auxiliary storage, including cloud-based networks of remote services hosted on the Internet, and telecommunications devices connected to computers.

"Forensic analysis" means the use of scientifically derived and proven methods toward the preservation, collection, validation, identification, analysis, interpretation, documentation and presentation of digital evidence derived from digital sources and digital devices for the purpose of facilitating or furthering the reconstruction of events found to be criminal.

(b) When a person is adjudged guilty of any violation of:

(1) Section 9-1 of the Criminal Code of 1961 or the Criminal Code of 2012 (first degree murder);

(2) any sex offense defined in Section 2 of the Sex Offender Registration Act; or

(3) Section 17-56 of the Criminal Code of 1961 or the Criminal Code of 2012 (financial exploitation of an elderly person or a person with a disability),

in addition to any other disposition, penalty, or fine imposed, an analysis fee of $150 shall be imposed for each digital device analyzed by a cyber crime laboratory. Upon verified petition of the defendant, the court shall suspend payment of all or part of the fee if it finds that the defendant does not have the ability to pay the fee.

(c) In addition to any other disposition made under the provisions of the Juvenile Court Act of 1987, any minor adjudicated delinquent for an offense listed in subsection (b) shall pay $150 for each adjudication. Upon verified petition of the minor, the court shall suspend payment of all or part of the fee if it finds that the minor does not have the ability to pay the fee. The parent, guardian, or legal custodian of the minor may pay some or all of the fee on the minor's behalf.

(d) All cyber-crime forensic analysis fees provided for by this Section shall be collected by the clerk of the court and forwarded to the treasurer of the appropriate unit of government for deposit into the appropriate fund as provided in subsection (f).

(e) Crime laboratory funds shall be established as follows:

(1) A unit of local government that maintains a cyber crime laboratory may establish a cyber crime laboratory fund within the office of the county or municipal treasurer.

(2) Any combination of units of local government, including law enforcement agencies, that maintains a cyber crime laboratory may establish a cyber crime laboratory fund within the office of the treasurer of the county where the crime laboratory is situated.

(3) The State Police Crime Laboratory Fund is created as a special fund in the State treasury.

(f) The analysis fee provided for in subsections (b) and (c) shall be forwarded to the treasurer of the unit of local government that performed the forensic analysis if that unit of local government has established a cyber crime laboratory fund, or remitted to the State Treasurer for deposit into the State Crime Laboratory Fund if the analysis was performed by a laboratory operated by the Illinois State Police. If the analysis was performed by a cyber crime laboratory funded by a combination of units of local government, the analysis fee shall be forwarded to the treasurer of the county where the crime laboratory is situated if a cyber crime laboratory fund has been established in that county. If the unit of local government or combination of units of local government has not established a cyber crime laboratory fund, then the analysis fee shall be remitted to the State Treasurer for deposit into the State Crime Laboratory Fund.

(g) Moneys deposited into a cyber crime laboratory fund created under paragraphs (1) and (2) of subsection (e) shall be in addition to any allocations made pursuant to existing law and shall be designated for the exclusive use of the cyber crime laboratory. These uses may include, but are not limited to, the following:

(1) Costs incurred in providing analysis for cyber crime investigations conducted within this State.

(2) Purchase and maintenance of equipment for use in performing analyses.

(3) Continuing education, training, and professional development of forensic scientists regularly employed by these laboratories.

(h) Moneys deposited in the State Crime Laboratory Fund shall be used by State crime laboratories as designated by the Director of the Illinois State Police. These funds shall be in addition to any allocations made according to existing law and shall be designated for the exclusive use of State crime laboratories. These uses may include those enumerated in subsection (g).