Full Text of SB1915 101st General Assembly
SB1915 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1915 Introduced 2/15/2019, by Sen. John G. Mulroe SYNOPSIS AS INTRODUCED: |
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20 ILCS 2605/2605-35 | was 20 ILCS 2605/55a-3 |
20 ILCS 2605/2605-40 | was 20 ILCS 2605/55a-4 |
20 ILCS 2605/2605-45 | was 20 ILCS 2605/55a-5 |
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Amends the Department of State Police Law of the
Civil Administrative Code of Illinois. Provides that the Division of Operations shall enforce all laws regulating the production, sale,
prescribing, manufacturing, administering, transporting, having in possession,
dispensing, delivering, distributing, or use of methamphetamine. Provides that the Division of Administration (rather than the Division of Forensic Services) shall exercise the rights, powers, and duties vested by
law in the Department of State Police by the Criminal Identification Act.
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of State Police Law of the
Civil | 5 | | Administrative Code of Illinois is amended by changing Sections | 6 | | 2605-35, 2605-40, and 2605-45 as follows:
| 7 | | (20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
| 8 | | Sec. 2605-35. Division of Operations (formerly Criminal
| 9 | | Investigation). | 10 | | (a) The Division of Operations shall exercise
the following | 11 | | functions and those in Section 2605-30:
| 12 | | (1) Exercise the rights, powers, and duties vested by
| 13 | | law in the Department by the Illinois Horse Racing Act of | 14 | | 1975.
| 15 | | (2) Investigate the origins, activities, personnel, | 16 | | and
incidents of crime and enforce the criminal laws of | 17 | | this State related thereto.
| 18 | | (3) Enforce all laws regulating the production, sale,
| 19 | | prescribing, manufacturing, administering, transporting, | 20 | | having in possession,
dispensing, delivering, | 21 | | distributing, or use of controlled substances , | 22 | | methamphetamine,
and cannabis.
| 23 | | (4) Cooperate with the police of cities, villages, and
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| 1 | | incorporated towns and with the police officers of any | 2 | | county in
enforcing the laws of the State and in making | 3 | | arrests and recovering
property.
| 4 | | (5) Apprehend and deliver up any person charged in this | 5 | | State or any other
state with treason or a felony or other | 6 | | crime who has fled from justice and is
found in this State.
| 7 | | (6) Investigate recipients and providers under the | 8 | | Illinois Public Aid
Code and any personnel involved in the | 9 | | administration of the Code who are
suspected of any | 10 | | violation of the Code pertaining to fraud in the
| 11 | | administration, receipt, or provision of assistance and | 12 | | pertaining to any
violation of criminal law; and exercise | 13 | | the functions required under Section
2605-220 in the | 14 | | conduct of those investigations.
| 15 | | (7) Conduct other investigations as provided by law.
| 16 | | (8) Exercise the powers and perform the duties that | 17 | | have been vested
in the Department by the Sex Offender | 18 | | Registration Act and
the Sex Offender
Community | 19 | | Notification Law; and
promulgate reasonable rules and | 20 | | regulations necessitated thereby.
| 21 | | (9) Exercise other duties that may be assigned by the | 22 | | Director in order to
fulfill the responsibilities and | 23 | | achieve the purposes of the Department.
| 24 | | (b) There is hereby established in the Division of | 25 | | Operations the Office of Coordination of Gang Prevention, | 26 | | hereafter
referred to as the Office.
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| 1 | | The Office shall consult with units of local government and | 2 | | school
districts to assist them in gang control activities and | 3 | | to administer a
system of grants to units of local government | 4 | | and school districts that,
upon application, have demonstrated | 5 | | a workable plan to reduce gang activity
in their area. The | 6 | | grants shall not include reimbursement for personnel,
nor shall | 7 | | they exceed 75% of the total request by any applicant. The | 8 | | grants
may be calculated on a proportional basis, determined by | 9 | | funds available to the
Department for this purpose. The | 10 | | Department has the authority to promulgate
appropriate rules | 11 | | and regulations to administer this program.
| 12 | | The Office shall establish mobile units of trained | 13 | | personnel to
respond to gang activities.
| 14 | | The Office shall also consult with and use the services of | 15 | | religious
leaders and other celebrities to assist in gang | 16 | | control activities.
| 17 | | The Office may sponsor seminars, conferences, or any other | 18 | | educational
activity to assist communities in their gang crime | 19 | | control activities.
| 20 | | (Source: P.A. 94-945, eff. 6-27-06.)
| 21 | | (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
| 22 | | Sec. 2605-40. Division of Forensic Services. The Division | 23 | | of
Forensic Services shall exercise the following functions:
| 24 | | (1) (Blank). Exercise the rights, powers, and duties | 25 | | vested by
law in the Department by the Criminal |
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| 1 | | Identification Act.
| 2 | | (2) Exercise the rights, powers, and duties vested by
| 3 | | law in the Department by Section 2605-300 of this Law.
| 4 | | (3) Provide assistance to local law enforcement | 5 | | agencies
through training, management, and consultant | 6 | | services.
| 7 | | (4) (Blank).
| 8 | | (5) Exercise other duties that may be assigned by the | 9 | | Director in
order to fulfill the responsibilities and | 10 | | achieve the purposes of the
Department.
| 11 | | (6) Establish and operate a forensic science | 12 | | laboratory system,
including a forensic toxicological | 13 | | laboratory service, for the purpose of
testing specimens | 14 | | submitted by coroners and other law enforcement officers
in | 15 | | their efforts to determine whether alcohol, drugs, or | 16 | | poisonous or other
toxic substances have been involved in | 17 | | deaths, accidents, or illness.
Forensic toxicological | 18 | | laboratories shall be established in Springfield,
Chicago, | 19 | | and elsewhere in the State as needed.
| 20 | | (6.5) Establish administrative rules in order to set | 21 | | forth standardized requirements for the disclosure of | 22 | | toxicology results and other relevant documents related to | 23 | | a toxicological analysis. These administrative rules are | 24 | | to be adopted to produce uniform and sufficient information | 25 | | to allow a proper, well-informed determination of the | 26 | | admissibility of toxicology evidence and to ensure that |
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| 1 | | this evidence is presented competently. These | 2 | | administrative rules are designed to provide a minimum | 3 | | standard for compliance of toxicology evidence and is not | 4 | | intended to limit the production and discovery of material | 5 | | information. These administrative rules shall be submitted | 6 | | by the Department of State Police into the rulemaking | 7 | | process under the Illinois Administrative Procedure Act on | 8 | | or before June 30, 2017. | 9 | | (7) Subject to specific appropriations made for these | 10 | | purposes, establish
and coordinate a system for providing | 11 | | accurate and expedited
forensic science and other | 12 | | investigative and laboratory services to local law
| 13 | | enforcement agencies and local State's Attorneys in aid of | 14 | | the investigation
and trial of capital cases.
| 15 | | (Source: P.A. 99-801, eff. 1-1-17 .)
| 16 | | (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
| 17 | | Sec. 2605-45. Division of Administration. The Division of
| 18 | | Administration shall exercise the
following functions:
| 19 | | (1) Exercise the rights, powers, and duties vested in | 20 | | the
Department
by the
Governor's Office of Management and | 21 | | Budget Act.
| 22 | | (1.5) Exercise the rights, powers, and duties vested by
| 23 | | law in the Department by the Criminal Identification Act.
| 24 | | (2) Pursue research and the publication of studies | 25 | | pertaining
to local
law enforcement activities.
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| 1 | | (3) Exercise the rights, powers, and duties vested in | 2 | | the
Department
by the Personnel Code.
| 3 | | (4) Operate an electronic data processing and computer | 4 | | center
for the
storage and retrieval of data pertaining to | 5 | | criminal activity.
| 6 | | (5) Exercise the rights, powers, and duties vested in
| 7 | | the former Division of
State Troopers by Section 17 of the | 8 | | State Police
Act.
| 9 | | (6) Exercise the rights, powers, and duties vested in
| 10 | | the Department
by "An Act relating to internal auditing in | 11 | | State government", approved
August 11, 1967 (repealed; now | 12 | | the Fiscal Control and Internal Auditing Act,
30 ILCS 10/).
| 13 | | (6.5) Exercise the rights, powers, and duties vested in | 14 | | the Department
by the Firearm Owners Identification Card | 15 | | Act.
| 16 | | (7) Exercise other duties that may be assigned
by the | 17 | | Director to
fulfill the responsibilities and achieve the | 18 | | purposes of the Department.
| 19 | | (Source: P.A. 94-793, eff. 5-19-06.)
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