Full Text of HJR0007 101st General Assembly
HJ0007ham001 101ST GENERAL ASSEMBLY |
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| 1 | | AMENDMENT TO HOUSE JOINT RESOLUTION 7
| 2 | | AMENDMENT NO. ___. Amend House Joint Resolution 7 by | 3 | | replacing everything after the heading with the following: | 4 | | "WHEREAS, In order to minimize the serious impact of all
| 5 | | types of crime, especially violent crime, upon Illinois
| 6 | | residents, it is necessary for Illinois to be protected by a
| 7 | | crime lab that is operated by the Illinois State Police in a
| 8 | | manner that complies with state-of-the-art specifications for
| 9 | | the rapid processing of evidence and identification of criminal
| 10 | | suspects; and | 11 | | WHEREAS, In response to this need, the Illinois State
| 12 | | Police has established a Division of Forensic Services,
| 13 | | commonly referred to as the "State crime lab"; and | 14 | | WHEREAS, It has been nationally recognized for several | 15 | | years that there
is a serious backlog of biological
evidence to |
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| 1 | | be processed in the time required for the establishment of | 2 | | admissible
forensic evidence after that forensic evidence has | 3 | | been
recovered from crime scenes, processed by law enforcement, | 4 | | and transferred to crime laboratories; and | 5 | | WHEREAS, This backlog in the examination process includes
| 6 | | numerous cases where the processing of evidence collected
| 7 | | following incidents of violent crimes, including murders,
| 8 | | shootings, and criminal sexual assaults, is seriously delayed;
| 9 | | and | 10 | | WHEREAS, It typically takes at least one year for
| 11 | | biological evidence to be processed by the Illinois State
| 12 | | Police crime lab; and | 13 | | WHEREAS, DNA evidence is critical to the solution of
| 14 | | crimes, especially in murder cases and sexual assaults, where
| 15 | | the biological evidence may be the last resort, the only thing
| 16 | | tying a murderer or rapist to a crime scene and a victim in a
| 17 | | way that can be proved in a court of law; and | 18 | | WHEREAS, In today's climate where police and prosecutors
| 19 | | are increasingly scrutinized about their procedures, DNA
| 20 | | evidence is crucial to the successful prosecution of criminal
| 21 | | cases in the courtroom; and |
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| 1 | | WHEREAS, Modern biochemistry has developed the Rapid DNA
| 2 | | system, a system to enable the fully automated generation of a
| 3 | | full DNA profile from a cheek swab without human intervention;
| 4 | | the ability of Rapid DNA to carry out the efficient profiling
| 5 | | of criminal suspects has led Congress to pass the federal Rapid
| 6 | | DNA Act of 2017, which has been signed into federal law as P.L.
| 7 | | 115-50; and | 8 | | WHEREAS, The Federal Bureau of Investigation (FBI) will | 9 | | conduct a pilot study in Arizona, California, Florida, | 10 | | Louisiana, and Texas in 2019 to evaluate Rapid DNA | 11 | | instrumentation in booking stations where buccal (cheek) swab | 12 | | samples will be processed from individuals arrested, indicted, | 13 | | or convicted of specific criminal offenses, and, upon | 14 | | completion of this pilot study, the FBI will identify | 15 | | NDIS-approved Rapid DNA instrumentation for use in booking | 16 | | stations; and | 17 | | WHEREAS, This federal law directs the FBI to issue | 18 | | standards and procedures to create a nationwide police protocol | 19 | | for using Rapid DNA instruments to
analyze DNA samples of | 20 | | criminal offenders and criminal suspects
and to compile the | 21 | | data gathered therein within the Combined
DNA Index System or | 22 | | CODIS; and | 23 | | WHEREAS, The 50 states and their residents will not enjoy |
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| 1 | | the benefits of Rapid DNA technology and the ability to conduct
| 2 | | instant CODIS identification of criminal suspects who have
| 3 | | already been taken into custody until they take steps to comply
| 4 | | with the protocol outlined in the Rapid DNA Act of 2017 and
| 5 | | implemented by FBI standards and procedures; and | 6 | | WHEREAS, The usefulness of the CODIS system as a nationwide
| 7 | | database will depend upon the relative compliance of local law
| 8 | | enforcement throughout all 50 states; for reasons of both local
| 9 | | criminal justice and so that our State can do its part, it is
| 10 | | essential that Illinois law enforcement be granted the support
| 11 | | tools they need to appropriately deploy the Rapid DNA | 12 | | instrumentation in booking stations and forensic laboratories
| 13 | | accredited in DNA analysis across Illinois; therefore, be it | 14 | | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE
| 15 | | HUNDRED FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
| 16 | | SENATE CONCURRING HEREIN, that the Auditor General is directed | 17 | | to conduct a compliance examination and information system | 18 | | audit of the Department of State Police, the Department of | 19 | | Innovation and Technology, the Department of Corrections, and | 20 | | any State, county, or local law enforcement agency which | 21 | | utilizes State funds to identify and apprehend criminal | 22 | | offenders; and be it further | 23 | | RESOLVED, That the audit include, but not be limited to, an
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| 1 | | examination of equipment, procedures, staffing levels, | 2 | | required legislation, administrative rules, funding, and | 3 | | information technology infrastructure, including status and | 4 | | recommended improvements to Illinois' DNA arrestee submission | 5 | | law to fully take advantage of Rapid DNA technology, with the | 6 | | goal of identifying and reporting to
the General Assembly as | 7 | | soon as possible on barriers and choke
points in the way of | 8 | | Illinois State Police, local law
enforcement, booking | 9 | | stations, and accredited NDIS-participating forensic | 10 | | laboratories across Illinois enabling full compliance with | 11 | | existing and future protocols approved by the FBI created by | 12 | | the
federal Rapid DNA Act of 2017; and be it further
| 13 | | RESOLVED, That the Illinois State Police, the Department of | 14 | | Innovation and Technology, the Department of Corrections, any | 15 | | State agency and any Illinois law enforcement agency which | 16 | | utilizes State funds to identify and apprehend criminal | 17 | | offenders are directed to
comply fully and promptly with all | 18 | | features of this audit,
including elements aimed at identifying | 19 | | the increased
personnel and budgetary support required for the | 20 | | Illinois State
Police, local law enforcement, and the entire | 21 | | Illinois criminal justice community to appropriately utilize | 22 | | Rapid DNA instrumentation to achieve full compliance;
and be it | 23 | | further | 24 | | RESOLVED, That the Auditor General commence this audit as
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| 1 | | soon as possible and report his findings and recommendations
| 2 | | upon completion in accordance with the provisions of Section
| 3 | | 3-14 of the Illinois State Auditing Act; and be it further
| 4 | | RESOLVED, That the Department of State Police, the
| 5 | | Department of Innovation and Technology, the Department of
| 6 | | Corrections, and any other State agencies or Illinois law
| 7 | | enforcement agencies that receive State funds are directed to
| 8 | | comply fully and promptly with all features of this examination
| 9 | | and audit, including elements aimed at identifying increased
| 10 | | funding for the Illinois criminal justice community to
| 11 | | appropriately utilize Rapid DNA instrumentation; and be it
| 12 | | further | 13 | | RESOLVED, That the Illinois State Police and its Division
| 14 | | of Forensic Services are directed to take all steps possible to
| 15 | | achieve compliance, or partial compliance, with the federal
| 16 | | Rapid DNA Act of 2017 on the statewide crime lab level to
| 17 | | fulfill implementation of any recommendations handed down by
| 18 | | the Auditor General; and be it further | 19 | | RESOLVED, That we express continued support to all of
| 20 | | Illinois law enforcement, including but not limited to the
| 21 | | Illinois State Police, for their tireless and courageous work
| 22 | | to maintain public security in the face of growing challenges
| 23 | | created by drug violence and other social trends; and be it
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| 1 | | further | 2 | | RESOLVED, That suitable copies of this resolution be
| 3 | | delivered to the Governor of Illinois, the Director of State
| 4 | | Police, Col. Sean Cormier of the Illinois State Police Division
| 5 | | of Forensic Services-Forensic Sciences Command, and Auditor | 6 | | General Frank J. Mautino."
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