Illinois General Assembly - Full Text of HB4707
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Full Text of HB4707  102nd General Assembly

HB4707 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4707

 

Introduced 1/27/2022, by Rep. Sam Yingling

 

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.


LRB102 23465 RLC 32640 b

 

 

A BILL FOR

 

HB4707LRB102 23465 RLC 32640 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Section 5.970 as follows:
 
6    (30 ILCS 105/5.970 new)
7    Sec. 5.970. The State Police Crime Laboratory Fund.
 
8    Section 10. The Unified Code of Corrections is amended by
9adding Section 5-9.1-23 as follows:
 
10    (730 ILCS 5/5-9.1-23 new)
11    Sec. 5-9.1-23. Cyber crime laboratory fee.
12    (a) In this Section:
13    "Cyber crime laboratory" means a not-for-profit laboratory
14substantially funded by a single unit or combination of units
15of local government, including law enforcement agencies, or
16the State of Illinois that regularly employs at least one
17person engaged in the forensic analysis and examination of
18digital devices for criminal justice agencies in criminal
19matters and provides testimony with respect to such
20examinations.
21    "Digital device" means a computer, mobile

 

 

HB4707- 2 -LRB102 23465 RLC 32640 b

1telecommunications device, or any other electronic device that
2accepts, processes, stores, retrieves, or outputs data and
3includes, but is not limited to, auxiliary storage, including
4cloud-based networks of remote services hosted on the
5Internet, and telecommunications devices connected to
6computers.
7     "Forensic analysis" means the use of scientifically
8derived and proven methods toward the preservation,
9collection, validation, identification, analysis,
10interpretation, documentation and presentation of digital
11evidence derived from digital sources and digital devices for
12the purpose of facilitating or furthering the reconstruction
13of events found to be criminal.
14    (b) When a person is adjudged guilty of any violation of:
15        (1) Section 9-1 of the Criminal Code of 1961 or the
16    Criminal Code of 2012 (first degree murder);
17        (2) any sex offense defined in Section 2 of the Sex
18    Offender Registration Act; or
19        (3) Section 17-56 of the Criminal Code of 1961 or the
20    Criminal Code of 2012 (financial exploitation of an
21    elderly person or a person with a disability),
22    in addition to any other disposition, penalty, or fine
23imposed, an analysis fee of $150 shall be imposed for each
24digital device analyzed by a cyber crime laboratory. Upon
25verified petition of the defendant, the court shall suspend
26payment of all or part of the fee if it finds that the

 

 

HB4707- 3 -LRB102 23465 RLC 32640 b

1defendant does not have the ability to pay the fee.
2    (c) In addition to any other disposition made under the
3provisions of the Juvenile Court Act of 1987, any minor
4adjudicated delinquent for an offense listed in subsection (b)
5shall pay $150 for each adjudication. Upon verified petition
6of the minor, the court may suspend payment of all or part of
7the fee if it finds that the minor does not have the ability to
8pay the fee. The parent, guardian, or legal custodian of the
9minor may pay some or all of the fee on the minor's behalf.
10    (d) All cyber-crime forensic analysis fees provided for by
11this Section shall be collected by the clerk of the court and
12forwarded to the treasurer of the appropriate unit of
13government for deposit into the appropriate fund as provided
14in subsection (f).
15    (e) Crime laboratory funds shall be established as
16follows:
17        (1) A unit of local government that maintains a cyber
18    crime laboratory may establish a cyber crime laboratory
19    fund within the office of the county or municipal
20    treasurer.
21        (2) Any combination of units of local government,
22    including law enforcement agencies, that maintains a cyber
23    crime laboratory may establish a cyber crime laboratory
24    fund within the office of the treasurer of the county
25    where the crime laboratory is situated.
26        (3) The State Police Crime Laboratory Fund is created

 

 

HB4707- 4 -LRB102 23465 RLC 32640 b

1    as a special fund in the State treasury.
2    (f) The analysis fee provided for in subsections (b) and
3(c) shall be forwarded to the treasurer of the unit of local
4government that performed the forensic analysis if that unit
5of local government has established a cyber crime laboratory
6fund, or remitted to the State Treasurer for deposit into the
7State Crime Laboratory Fund if the analysis was performed by a
8laboratory operated by the Illinois State Police. If the
9analysis was performed by a cyber crime laboratory funded by a
10combination of units of local government, the analysis fee
11shall be forwarded to the treasurer of the county where the
12crime laboratory is situated if a cyber crime laboratory fund
13has been established in that county. If the unit of local
14government or combination of units of local government has not
15established a cyber crime laboratory fund, then the analysis
16fee shall be remitted to the State Treasurer for deposit into
17the State Crime Laboratory Fund.
18    (g) Moneys deposited into a cyber crime laboratory fund
19created under paragraphs (1) and (2) of subsection (e) shall
20be in addition to any allocations made pursuant to existing
21law and shall be designated for the exclusive use of the cyber
22crime laboratory. These uses may include, but are not limited
23to, the following:
24        (1) Costs incurred in providing analysis for cyber
25    crime investigations conducted within this State.
26        (2) Purchase and maintenance of equipment for use in

 

 

HB4707- 5 -LRB102 23465 RLC 32640 b

1    performing analyses.
2        (3) Continuing education, training, and professional
3    development of forensic scientists regularly employed by
4    these laboratories.
5    (h) Moneys deposited in the State Crime Laboratory Fund
6shall be used by State crime laboratories as designated by the
7Director of the Illinois State Police. These funds shall be in
8addition to any allocations made according to existing law and
9shall be designated for the exclusive use of State crime
10laboratories. These uses may include those enumerated in
11subsection (g).