HB5241 94TH GENERAL ASSEMBLY

LRB094 16749 RSP 52020 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5241

Introduced 1/24/2006, by Rep. Jim Durkin

SYNOPSIS AS INTRODUCED:

20 ILCS 2605/2605-40

was 20 ILCS 2605/55a-4

Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that State Police crime laboratories must establish and carry out procedures to ensure, upon request by prosecution or defense counsel, complete disclosure in legal proceedings. Provides that disclosure shall include, but is not limited to, all reports, notes, and conversation logs, quality assurance and quality control (QA/QC) documentation, protocol and procedure manuals, command directives and other statements of procedure and policy relating to forensic testing, validation studies, documentation relating to corrective actions and remedial actions, incidents, incident logs, errors, and incidents of contamination, proficiency tests, and results. Sets forth that this disclosure obligation also applies to any subcontractors used by the forensic laboratory to undertake forensic examinations. Provides that forensic laboratories within the Division on Forensic Services shall report to the Illinois Laboratory Advisory Committee: (i) allegations made known to the Illinois State Police against a forensic laboratory or its staff of misrepresentation of data, credentials, test results, testimony, or any deception or misrepresentation in obtaining forensic laboratory accreditation; (ii) results from any and all investigations regarding these allegations or incidents with supporting documentation; (iii) instances of errors in the performance of forensic laboratory examination procedures or incidents of contamination; and (iv) incidents where full and complete disclosure is not made to counsel or interviews are not provided to counsel. Requires State Police crime laboratories to respond to all inquiries from the Illinois Laboratory Advisory Committee. Sets forth that no private or public laboratory shall be granted a subcontract to conduct forensic testing of evidence unless that laboratory has acquired I.S.O accreditation.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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

Section 5. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by changing Section 2605-40 as follows:

(20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)

Sec. 2605-40. Division of Forensic Services. (a) The Division of Forensic Services shall exercise the following functions:

(1) Exercise the rights, powers, and duties vested by law in the Department by the Criminal Identification Act.

(2) Exercise the rights, powers, and duties vested by law in the Department by Section 2605-300 of this Law.

(3) Provide assistance to local law enforcement agencies through training, management, and consultant services.

(4) (Blank).

(5) Exercise other duties that may be assigned by the Director in order to fulfill the responsibilities and achieve the purposes of the Department.

(6) Establish and operate a forensic science laboratory system, including a forensic toxicological laboratory service, for the purpose of testing specimens submitted by coroners and other law enforcement officers in their efforts to determine whether alcohol, drugs, or poisonous or other toxic substances have been involved in deaths, accidents, or illness. Forensic toxicological laboratories shall be established in Springfield, Chicago, and elsewhere in the State as needed.

(7) Subject to specific appropriations made for these purposes, establish and coordinate a system for providing accurate and expedited forensic science and other investigative and laboratory services to local law enforcement agencies and local State's Attorneys in aid of the investigation and trial of capital cases.

(b) When used in this Section, the following words and terms shall have the meanings ascribed to them in this subsection:

"Forensic laboratory" means any laboratory operated by the Division of Forensic Services that performs forensic testing on evidence in an investigation or other proceedings for the prosecution of a violation of the Criminal Code of 1961 or for matters adjudicated under the Juvenile Court Act of 1987.

"Forensic testing" includes the analysis of physical evidence in an investigation or other proceedings for the prosecution of a violation of the Criminal Code of 1961 or for matters adjudicated under the Juvenile Court Act of 1987, and includes the use of forensic databases and databanks, including DNA, firearm, and fingerprint databases, and expert testimony.

"I.S.O" means International Standards Organization 17025 standards.

(c) A forensic laboratory authorized under this Section must establish and carry out procedures to ensure, upon request by prosecution or defense counsel, complete disclosure in legal proceedings. Disclosure shall include, but is not limited to, all reports, notes, and conversation logs, quality assurance and quality control (QA/QC) documentation, protocol and procedure manuals, command directives and other statements of procedure and policy relating to forensic testing, validation studies, documentation relating to corrective actions and remedial actions, incidents, incident logs, errors, and incidents of contamination, proficiency tests, and results. This disclosure obligation also applies to any subcontractors used by the forensic laboratory to undertake forensic examinations. Forensic laboratories shall also ensure prosecution and defense counsel reasonable access to interview personnel involved in the case. This shall include cases that the laboratory sends to other contract laboratories as subcontractors. Costs for interviews and discovery materials in cases involving subcontractors shall be born by the Illinois State Police.

(d) Forensic laboratories authorized under this Section, shall report to the Illinois Laboratory Advisory Committee:

(i) allegations made known to the Illinois State Police against a forensic laboratory or its staff of misrepresentation of data, credentials, test results, testimony, or any deception or misrepresentation in obtaining forensic laboratory accreditation;

(ii) results from any and all investigations regarding allegations or incidents disclosed under subsection (a)(i) of this Section with supporting documentation;

(iii) instances of errors in the performance of forensic laboratory examination procedures or incidents of contamination; and

(iv) incidents where full and complete disclosure is not made to counsel or interviews are not provided to counsel.

(e) A forensic laboratory authorized under this Section shall respond to all inquiries from the Illinois Laboratory Advisory Committee.

(f) Notwithstanding any provision of this Section to the contrary, no private or public laboratory shall be granted a subcontract to conduct forensic testing of evidence unless that laboratory has acquired I.S.O accreditation.

(Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00; 91-589, eff. 1-1-00; 91-760, eff. 1-1-01.)