Illinois General Assembly - Full Text of HJR0007
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Full Text of HJR0007  101st General Assembly



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2    AMENDMENT NO. ___. Amend House Joint Resolution 7 by
3replacing everything after the heading with the following:
4    "WHEREAS, In order to minimize the serious impact of all
5types of crime, especially violent crime, upon Illinois
6residents, it is necessary for Illinois to be protected by a
7crime lab that is operated by the Illinois State Police in a
8manner that complies with state-of-the-art specifications for
9the rapid processing of evidence and identification of criminal
10suspects; and
11    WHEREAS, In response to this need, the Illinois State
12Police has established a Division of Forensic Services,
13commonly referred to as the "State crime lab"; and
14    WHEREAS, It has been nationally recognized for several
15years that there is a serious backlog of biological evidence to



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1be processed in the time required for the establishment of
2admissible forensic evidence after that forensic evidence has
3been recovered from crime scenes, processed by law enforcement,
4and transferred to crime laboratories; and
5    WHEREAS, This backlog in the examination process includes
6numerous cases where the processing of evidence collected
7following incidents of violent crimes, including murders,
8shootings, and criminal sexual assaults, is seriously delayed;
10    WHEREAS, It typically takes at least one year for
11biological evidence to be processed by the Illinois State
12Police crime lab; and
13    WHEREAS, DNA evidence is critical to the solution of
14crimes, especially in murder cases and sexual assaults, where
15the biological evidence may be the last resort, the only thing
16tying a murderer or rapist to a crime scene and a victim in a
17way that can be proved in a court of law; and
18    WHEREAS, In today's climate where police and prosecutors
19are increasingly scrutinized about their procedures, DNA
20evidence is crucial to the successful prosecution of criminal
21cases in the courtroom; and



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1    WHEREAS, Modern biochemistry has developed the Rapid DNA
2system, a system to enable the fully automated generation of a
3full DNA profile from a cheek swab without human intervention;
4the ability of Rapid DNA to carry out the efficient profiling
5of criminal suspects has led Congress to pass the federal Rapid
6DNA Act of 2017, which has been signed into federal law as P.L.
7115-50; and
8    WHEREAS, The Federal Bureau of Investigation (FBI) will
9conduct a pilot study in Arizona, California, Florida,
10Louisiana, and Texas in 2019 to evaluate Rapid DNA
11instrumentation in booking stations where buccal (cheek) swab
12samples will be processed from individuals arrested, indicted,
13or convicted of specific criminal offenses, and, upon
14completion of this pilot study, the FBI will identify
15NDIS-approved Rapid DNA instrumentation for use in booking
16stations; and
17    WHEREAS, This federal law directs the FBI to issue
18standards and procedures to create a nationwide police protocol
19for using Rapid DNA instruments to analyze DNA samples of
20criminal offenders and criminal suspects and to compile the
21data gathered therein within the Combined DNA Index System or
22CODIS; and
23    WHEREAS, The 50 states and their residents will not enjoy



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1the benefits of Rapid DNA technology and the ability to conduct
2instant CODIS identification of criminal suspects who have
3already been taken into custody until they take steps to comply
4with the protocol outlined in the Rapid DNA Act of 2017 and
5implemented by FBI standards and procedures; and
6    WHEREAS, The usefulness of the CODIS system as a nationwide
7database will depend upon the relative compliance of local law
8enforcement throughout all 50 states; for reasons of both local
9criminal justice and so that our State can do its part, it is
10essential that Illinois law enforcement be granted the support
11tools they need to appropriately deploy the Rapid DNA
12instrumentation in booking stations and forensic laboratories
13accredited in DNA analysis across Illinois; therefore, be it
16SENATE CONCURRING HEREIN, that the Illinois State Police is
17directed to review and evaluate its varied duties and
18responsibilities to determine the most effective and efficient
19use of Rapid DNA technology and to recommend improvements to
20Illinois' DNA submission laws with the goal of taking full
21advantage of Rapid DNA technology throughout Illinois; and be
22it further
23    RESOLVED, That the Illinois State Police may consult with



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1any State and local agencies they determine necessary, which
2may include, but not be limited to, the Department of
3Innovation and Technology, the Department of Corrections, and
4any State, county, or local law enforcement agency which
5utilizes State funds to identify and apprehend criminal
6offenders; and be it further
7    RESOLVED, That the examination include, but not be limited
8to, an examination of equipment, procedures, staffing levels,
9required legislation, administrative rules, funding, and
10information technology infrastructure, including status and
11recommended improvements to Illinois' DNA arrestee submission
12law to fully take advantage of Rapid DNA technology, with the
13goal of identifying and reporting to the General Assembly as
14soon as possible on barriers and choke points in the way of
15Illinois State Police, local law enforcement, booking
16stations, and accredited NDIS-participating forensic
17laboratories across Illinois enabling full compliance with
18existing and future protocols approved by the FBI created by
19the federal Rapid DNA Act of 2017; and be it further
20    RESOLVED, That the Department of Innovation and
21Technology, the Department of Corrections, any State agency and
22any Illinois law enforcement agency which utilizes State funds
23to identify and apprehend criminal offenders are highly
24encouraged to assist the Illinois State Police with this



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1report, including elements aimed at identifying the increased
2funding, personnel and budgetary support required for the
3Illinois State Police, local law enforcement, and the entire
4Illinois criminal justice community to appropriately utilize
5Rapid DNA instrumentation to achieve full compliance; and be it
7    RESOLVED, That the Illinois State Police commence this
8examination and submit a report of their findings and
9recommendations to the Governor and Illinois General Assembly
10by September 30, 2019; and be it further
11    RESOLVED, That the Illinois State Police and its Division
12of Forensic Services are directed to take all steps possible to
13achieve compliance, or partial compliance, with the federal
14Rapid DNA Act of 2017 on the statewide crime lab level to
15fulfill implementation; and be it further
16    RESOLVED, That we express continued support to all of
17Illinois law enforcement, including but not limited to, the
18Illinois State Police, for their tireless and courageous work
19to maintain public security in the face of growing challenges
20created by drug violence and other social trends; and be it
22    RESOLVED, That suitable copies of this resolution be



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1delivered to the Governor of Illinois and the Director of State
2Police, Col. Sean Cormier of the Illinois State Police Division
3of Forensic Services-Forensic Sciences Command."