HB2499 96TH GENERAL ASSEMBLY

LRB096 03221 RLC 18809 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2499

Introduced 2/20/2009, by Rep. Franco Coladipietro

SYNOPSIS AS INTRODUCED:

730 ILCS 5/5-9-1.4

from Ch. 38, par. 1005-9-1.4

Amends the Unified Code of Corrections with respect to crime laboratory analysis fees. In the definition of "crime laboratory", provides that it must be formally accredited and must regularly employ persons who conduct analyses and provide testimony with respect to drug identification, latent fingerprint analysis, and DNA analysis. Also provides that the term "crime laboratory" means any "laboratory or laboratory system" (rather than any "not for profit laboratory"). Excludes from the definition of "crime laboratory" a laboratory operated by the Illinois Department of State Police. Enumerates additional offenses for which a guilty offender must pay a fee and increases those fees to varied amounts depending on the offense. Establishes that fees collected on behalf of the State pursuant to other specified Sections under the Act render the State ineligible to receive crime laboratory analysis fees. Permits the clerk of the circuit court to retain $10 from each collected analysis fee and deposit it into the Circuit Court Clerk Operation and Administrative Fund when a unit of local government has not established a crime laboratory fund. Provides that laboratories using a crime laboratory fund must have and file documented procedures and policies concerning its response to discoveries of misconduct or incompetence and claims of innocence by convicted prisoners. Makes other changes.

FISCAL NOTE ACT MAY APPLY

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 Unified Code of Corrections is amended by changing Section 5-9-1.4 as follows:

(730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)

Sec. 5-9-1.4. Crime laboratory analysis fees.

(a) "Crime laboratory" means any laboratory or laboratory system not-for-profit laboratory registered with the Drug Enforcement Administration of the United States Department of Justice, formally accredited against professionally recognized and accepted forensic science standards, substantially funded by a unit or combination of units of local government or the State of Illinois, which regularly employs persons trained and authorized to conduct analyses in each of the following listed disciplines and who provide at least one person engaged in the analysis of controlled substances, cannabis, methamphetamine, or steroids for criminal justice agencies in criminal matters and provides testimony with respect to such examinations: .

(1) Drug identification.

(2) Latent fingerprint identification.

(3) DNA analysis.

"Crime laboratory" does not include a laboratory operated by the Illinois Department of State Police.

(b) When a person has been adjudged guilty of one of the following offenses an offense in violation of the Cannabis Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Steroid Control Act, in addition to any other disposition, penalty or fine imposed, and when the court is notified that a forensic laboratory has conducted a forensic test in the investigation of the case, the appropriate a criminal laboratory analysis fee, as designated in this Section, of $100 for each offense for which he was convicted shall be levied by the court: .

(1) 720 ILCS 535/; Cannabis Control Act; $200.

(2) 720 ILCS 570/; Illinois Controlled Substances Act; $200.

(3) 720 ILCS 646/; Methamphetamine Control and Community Protection Act; $200.

(4) 720 ILCS 5/Art. 9; Criminal Code of 1961 (homicide); $200.

(5) 720 ILCS 5/Art. 11; Criminal Code of 1961 (sex offenses); $200.

(6) 720 ILCS 5/Art. 12; Criminal Code of 1961 (bodily harm); $200.

(7) 720 ILCS 5/Art. 16; Criminal Code of 1961 (theft and related offenses); $200.

(8) 720 ILCS 5/Art. 18; Criminal Code of 1961 (robbery); $200.

(9) 720 ILCS 5/Art. 19; Criminal Code of 1961 (burglary); $200.

(10) 720 ILCS 5/Art. 20; Criminal Code of 1961 (arson); $200.

Any person placed on probation pursuant to a statute listed in items (1) through (10) Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, or Section 10 of the Steroid Control Act or placed on supervision for a violation of the Cannabis Control Act, the Illinois Controlled Substances Act or the Steroid Control Act shall be assessed the appropriate a criminal laboratory analysis fee of $100 for each offense for which he was charged. Upon verified petition of the person, the court may suspend payment of all or part of the fee if it finds that the person does not have the ability to pay the fee.

Any fee collected on behalf of the State pursuant to Section 5-4-3 or 5-9-1.9 shall render the State ineligible to receive additional fees listed in items (1) through (10) of this subsection (b).

(c) In addition to any other disposition made pursuant to the provisions of the Juvenile Court Act of 1987, any minor adjudicated delinquent for an offense which if committed by an adult would constitute a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Steroid Control Act shall be assessed a criminal laboratory analysis fee of $100 for each adjudication. Upon verified petition of the minor, the court may 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 such fee on the minor's behalf.

(d) All criminal laboratory analysis fees provided for by this Section shall be collected by the clerk of the court and forwarded to the appropriate crime laboratory fund as provided in subsection (f).

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

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

(2) Any combination of units of local government which maintains a crime laboratory may establish a crime laboratory fund within the office of the treasurer of the county where the crime laboratory is situated.

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

(f) The analysis fee provided for in subsections (b) and (c) of this Section shall be forwarded to the office of the treasurer of the unit of local government that performed the analysis if that unit of local government has established a crime laboratory fund, or to 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 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 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 crime laboratory fund, then the analysis fee shall be forwarded to the State Crime Laboratory Fund. The clerk of the circuit court may retain the amount of $10 from each collected analysis fee to be deposited into the Circuit Court Clerk Operation and Administrative Fund to offset administrative costs incurred in carrying out the clerk's responsibilities under this Section.

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

(1) costs incurred in providing analysis for controlled substances in connection with criminal investigations conducted within this State;

(2) purchase and maintenance of equipment for use in performing analyses; and

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

(h) Fees deposited in the State Crime Laboratory Fund created pursuant to paragraph (3) of subsection (d) of this Section shall be used by State crime laboratories as designated by the Director of State Police. These funds shall be in addition to any allocations made pursuant to existing law and shall be designated for the exclusive use of State crime laboratories. These uses may include those enumerated in subsection (g) of this Section.

(i) Any crime laboratory or crime laboratory system using a crime laboratory fund established pursuant to this Section shall have and file with the Illinois Laboratory Advisory Committee documented procedures and policies that govern the laboratory's response to the following:

(1) The discovery of any instance of misconduct or incompetence committed by a laboratory employee or subcontractor if that conduct could or did have an adverse impact on the integrity and fairness of a criminal proceeding, including procedures and policies for the reporting of those instances to a governmental entity, independent of the laboratory, having the authority and ability to objectively and completely investigate these instances.

(2) The receipt of written claims of innocence by prisoners convicted of violent crimes, or their representatives, if further forensic testing or retesting is requested for the purpose of proving innocence.

(Source: P.A. 94-556, eff. 9-11-05.)