Illinois General Assembly - Full Text of HB3380
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Full Text of HB3380  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/22/2021, by Rep. Deanne M. Mazzochi


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 the amendatory Act shall constitute an irrevocable continuing appropriation of all amounts necessary for the implementation the Department of State Police's Division of Forensic Services and the irrevocable and continuing authority for the Department and the State Treasurer to make the necessary transfers for that purpose. Provides that the amendatory Act may be referred to as the PROTECT (Process Rape Or Trauma Evidence Completely and Timely) Act. Effective immediately.

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HB3380LRB102 13554 KMF 18901 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. References to Act; purpose. This Act may be
5referred to as the PROTECT (Process Rape Or Trauma Evidence
6Completely and Timely) Act, as the purpose of this Act is to
7ensure funding to process rape or trauma evidence completely
8and timely for use in criminal matters.
9    Section 5. The Department of State Police Law of the Civil
10Administrative Code of Illinois is amended by changing Section
112605-40 as follows:
12    (20 ILCS 2605/2605-40)  (was 20 ILCS 2605/55a-4)
13    Sec. 2605-40. Division of Forensic Services. The Division
14of Forensic Services shall exercise the following functions:
15        (1) (Blank).
16        (2) Exercise the rights, powers, and duties vested by
17    law in the Department by Section 2605-300 of this Law.
18        (3) Provide assistance to local law enforcement
19    agencies through training, management, and consultant
20    services.
21        (4) (Blank).
22        (5) Exercise other duties that may be assigned by the



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1    Director in order to fulfill the responsibilities and
2    achieve the purposes of the Department.
3        (6) Establish and operate a forensic science
4    laboratory system, including a forensic toxicological
5    laboratory service, for the purpose of testing specimens
6    submitted by coroners and other law enforcement officers
7    in their efforts to determine whether alcohol, drugs, or
8    poisonous or other toxic substances have been involved in
9    deaths, accidents, or illness. Forensic toxicological
10    laboratories shall be established in Springfield, Chicago,
11    and elsewhere in the State as needed.
12        (6.5) Establish administrative rules in order to set
13    forth standardized requirements for the disclosure of
14    toxicology results and other relevant documents related to
15    a toxicological analysis. These administrative rules are
16    to be adopted to produce uniform and sufficient
17    information to allow a proper, well-informed determination
18    of the admissibility of toxicology evidence and to ensure
19    that this evidence is presented competently. These
20    administrative rules are designed to provide a minimum
21    standard for compliance of toxicology evidence and is not
22    intended to limit the production and discovery of material
23    information. These administrative rules shall be submitted
24    by the Department of State Police into the rulemaking
25    process under the Illinois Administrative Procedure Act on
26    or before June 30, 2017.



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1        (7) Subject to specific appropriations made for these
2    purposes, establish and coordinate a system for providing
3    accurate and expedited forensic science and other
4    investigative and laboratory services to local law
5    enforcement agencies and local State's Attorneys in aid of
6    the investigation and trial of capital cases.
7        (8) This amendatory Act of the 102nd General Assembly
8    shall constitute an irrevocable continuing appropriation
9    of all amounts necessary for the implementation of the
10    provisions of this Section and the irrevocable and
11    continuing authority for the Department and the State
12    Treasurer to make the necessary transfers for that
13    purpose.
14(Source: P.A. 101-378, eff. 1-1-20.)
15    Section 99. Effective date. This Act takes effect upon
16becoming law.