Full Text of SB2974 101st General Assembly
SB2974 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB2974 Introduced 2/4/2020, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED: |
| 410 ILCS 535/25 | from Ch. 111 1/2, par. 73-25 | 410 ILCS 535/25.5 | |
730 ILCS 5/5-9-1.4 | from Ch. 38, par. 1005-9-1.4 |
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Amends the Vital Records Act. Provides that an additional fee for certified copies of death certificates and fetal death certificates is $4 (rather than $2). Provides that $2 of the additional fee must be deposited into the State Crime Laboratory Fund. Amends the Unified Code of Corrections. Provides that moneys deposited into the State Crime Laboratory Fund under the amendatory provisions shall be used for continuing education, training, and professional development of forensic scientists.
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| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Vital Records Act is amended by changing | 5 | | Sections 25 and 25.5 as follows:
| 6 | | (410 ILCS 535/25) (from Ch. 111 1/2, par. 73-25)
| 7 | | Sec. 25. In accordance with Section 24 of this Act, and the
| 8 | | regulations adopted pursuant thereto: | 9 | | (1) The State Registrar of Vital Records shall search | 10 | | the files of birth,
death, and fetal death records, upon | 11 | | receipt of a written request and a fee
of $10 from any | 12 | | applicant entitled to such search. A search fee shall not
| 13 | | be required for commemorative birth certificates issued by | 14 | | the State
Registrar. A search fee shall not be required for | 15 | | a birth record search from a person (1) upon release on | 16 | | parole, mandatory supervised release, final discharge, or | 17 | | pardon from the Department of Corrections if the person | 18 | | presents a prescribed verification form completed by the | 19 | | Department of Corrections verifying the person's date of | 20 | | birth and social security number, or (2) placed on | 21 | | aftercare release under the Juvenile Court Act of 1987, | 22 | | upon release on parole, mandatory supervised release, | 23 | | final discharge, or pardon from the Department of Juvenile |
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| 1 | | Justice if the person presents a prescribed verification | 2 | | form completed by the Department of Juvenile Justice | 3 | | verifying the person's date of birth and social security | 4 | | number; however, the person is entitled to only one search | 5 | | fee waiver. If, upon search, the record requested is found, | 6 | | the State
Registrar shall furnish the applicant one | 7 | | certification of such record,
under the seal of such | 8 | | office. If the request is for a certified copy of
the | 9 | | record an additional fee of $5 shall be required. An | 10 | | additional fee for a certified copy of the record shall not | 11 | | be required from a person (1) upon release on parole, | 12 | | mandatory supervised release, final discharge, or pardon | 13 | | from the Department of Corrections if the person presents a | 14 | | prescribed verification form completed by the Department | 15 | | of Corrections verifying the released person's date of | 16 | | birth and social security number, or (2) placed on | 17 | | aftercare release under the Juvenile Court Act of 1987, | 18 | | upon release on parole, mandatory supervised release, | 19 | | final discharge, or pardon from the Department of Juvenile | 20 | | Justice if the person presents a prescribed verification | 21 | | form completed by the Department of Juvenile Justice | 22 | | verifying the person's date of birth and social security | 23 | | number; however, the person is entitled to only one | 24 | | certified copy fee waiver. If the request is for
a | 25 | | certified copy of a death certificate or a fetal death | 26 | | certificate, an
additional fee of $4 $2 is required. $2 of |
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| 1 | | the The additional fee shall be deposited into
the Death | 2 | | Certificate Surcharge Fund and $2 shall be deposited into | 3 | | the State Crime Laboratory Fund . A further fee of $2
shall | 4 | | be required for each additional certification or certified | 5 | | copy
requested. If the requested record is not found, the | 6 | | State Registrar shall
furnish the applicant a | 7 | | certification attesting to that fact, if so
requested by | 8 | | the applicant. A further fee of $2 shall be required for | 9 | | each
additional certification that no record has been | 10 | | found.
| 11 | | Any local registrar or county clerk shall search the | 12 | | files of birth,
death and fetal death records, upon receipt | 13 | | of a written request from any
applicant entitled to such | 14 | | search. If upon search the record requested
is found, such | 15 | | local registrar or county clerk shall furnish the applicant
| 16 | | one certification or certified copy of such record, under | 17 | | the seal of such
office, upon payment of the applicable | 18 | | fees. If the requested record is not
found, the local | 19 | | registrar or county
clerk shall furnish the applicant a | 20 | | certification attesting to that fact, if so
requested by | 21 | | the applicant and upon payment of applicable fee. The local
| 22 | | registrar or county clerk must charge a $2 fee for each | 23 | | certified copy of a
death certificate. The fee is in | 24 | | addition to any other fees that are charged
by the local | 25 | | registrar or county clerk. The additional fees must be
| 26 | | transmitted
to the State Registrar monthly and deposited |
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| 1 | | into the Death Certificate
Surcharge Fund.
The local | 2 | | registrar or county clerk may charge fees
for providing | 3 | | other services for which the State Registrar may charge | 4 | | fees
under this
Section.
| 5 | | A request to any custodian of vital records for a | 6 | | search of the death
record indexes for genealogical | 7 | | research shall require a fee of $10 per name
for a 5 year | 8 | | search. An additional fee of $1 for each additional year | 9 | | searched
shall be required. If the requested record is | 10 | | found, one uncertified copy
shall be issued without | 11 | | additional charge.
| 12 | | Any fee received by the State Registrar pursuant to | 13 | | this Section which
is of an insufficient amount may be | 14 | | returned by the State Registrar upon
his recording the | 15 | | receipt of such fee and the reason for its return. The
| 16 | | State Registrar is authorized to maintain a 2 signature, | 17 | | revolving checking
account with a suitable commercial bank | 18 | | for the purpose of depositing and
withdrawing-for-return | 19 | | cash received and determined insufficient for the
service | 20 | | requested.
| 21 | | No fee imposed under this Section may be assessed | 22 | | against an organization
chartered by Congress that | 23 | | requests a certificate for the purpose of death
| 24 | | verification.
| 25 | | Any custodian of vital records, whether it may be the | 26 | | Department of Public Health, a local registrar, or a county |
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| 1 | | clerk shall charge an additional $2 for each certified copy | 2 | | of a death certificate and that additional fee shall be | 3 | | collected on behalf of the Department of Financial and | 4 | | Professional Regulation for deposit into the Cemetery | 5 | | Oversight Licensing and Disciplinary Fund. | 6 | | (2) The certification of birth may contain only the | 7 | | name, sex,
date of birth, and place of birth, of the person | 8 | | to whom it relates, the
name, age and birthplace of the | 9 | | parents, and
the file number; and none of the other data on | 10 | | the certificate of birth
except as authorized under | 11 | | subsection (5) of this Section.
| 12 | | (3) The certification of death shall contain only the | 13 | | name, Social
Security Number, sex,
date of death, and place | 14 | | of death of the person to whom it relates, and
file number; | 15 | | and none of the other data on the certificate of death
| 16 | | except as authorized under subsection (5) of this Section.
| 17 | | (4) Certification or a certified copy of a certificate | 18 | | shall be issued:
| 19 | | (a) Upon the order of a court of competent | 20 | | jurisdiction; or
| 21 | | (b) In case of a birth certificate, upon the | 22 | | specific written
request for a certification or | 23 | | certified copy by the person, if of legal
age, by a | 24 | | parent or other legal representative of the person to | 25 | | whom the
record of birth relates, or by a person having | 26 | | a genealogical interest; or
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| 1 | | (c) Upon the specific written request for a | 2 | | certification or certified
copy by a department of the | 3 | | state or a municipal corporation or the federal
| 4 | | government; or
| 5 | | (c-1) Upon the specific written request for a | 6 | | certification or certified
copy by a State's Attorney | 7 | | for the purpose of a criminal prosecution; or | 8 | | (d) In case of a death or fetal death certificate, | 9 | | upon specific
written request for a certified copy by a | 10 | | person, or his duly authorized
agent, having a | 11 | | genealogical, personal or property right interest in
| 12 | | the record.
| 13 | | A genealogical interest shall be a proper purpose with | 14 | | respect to
births which occurred not less than 75 years and | 15 | | deaths which occurred not
less than 20 years prior to the | 16 | | date of written request. Where the purpose
of the request | 17 | | is a genealogical interest, the custodian shall stamp the
| 18 | | certification or copy with the words, FOR GENEALOGICAL | 19 | | PURPOSES ONLY.
| 20 | | (5) Any certification or certified copy issued | 21 | | pursuant to this
Section shall show the date of | 22 | | registration; and copies issued from
records marked | 23 | | "delayed," "amended," or "court order" shall be similarly
| 24 | | marked and show the effective date.
| 25 | | (6) Any certification or certified copy of a | 26 | | certificate issued in
accordance with this Section shall be |
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| 1 | | considered as prima facie evidence
of the facts therein | 2 | | stated, provided that the evidentiary value of a
| 3 | | certificate or record filed more than one year after the | 4 | | event, or a
record which has been amended, shall be | 5 | | determined by the judicial or
administrative body or | 6 | | official before whom the certificate is offered
as | 7 | | evidence.
| 8 | | (7) Any certification or certified copy issued | 9 | | pursuant to this
Section shall be issued without charge | 10 | | when the record is required by
the United States Veterans | 11 | | Administration or by any accredited veterans
organization | 12 | | to be used in determining the eligibility of any person to
| 13 | | participate in benefits available from such organization. | 14 | | Requests for
such copies must be in accordance with | 15 | | Sections 1 and 2 of "An Act to
provide for the furnishing | 16 | | of copies of public documents to interested
parties," | 17 | | approved May 17, 1935, as now or hereafter amended.
| 18 | | (8) The National Vital Statistics Division, or any | 19 | | agency which may
be substituted therefor, may be furnished | 20 | | such copies or data as it may
require for national | 21 | | statistics; provided that the State shall be
reimbursed for | 22 | | the cost of furnishing such data; and provided further
that | 23 | | such data shall not be used for other than statistical | 24 | | purposes by
the National Vital Statistics Division, or any | 25 | | agency which may be
substituted therefor, unless so | 26 | | authorized by the State Registrar of
Vital Records.
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| 1 | | (9) Federal, State, local, and other public or private | 2 | | agencies may,
upon request, be furnished copies or data for | 3 | | statistical purposes upon
such terms or conditions as may | 4 | | be prescribed by the Department.
| 5 | | (10) The State Registrar of Vital Records, at his | 6 | | discretion and in
the interest of promoting registration of | 7 | | births, may issue, without
fee, to the parents or guardian | 8 | | of any or every child whose birth has
been registered in | 9 | | accordance with the provisions of this Act, a special
| 10 | | notice of registration of birth.
| 11 | | (11) No person shall prepare or issue any certificate | 12 | | which purports
to be an original, certified copy, or | 13 | | certification of a certificate of
birth, death, or fetal | 14 | | death, except as authorized in this Act or
regulations | 15 | | adopted hereunder.
| 16 | | (12) A computer print-out of any record of birth, death | 17 | | or fetal record
that may be certified under this Section | 18 | | may be used
in place of such certification and such | 19 | | computer print-out shall have the
same legal force and | 20 | | effect as a certified copy of the document.
| 21 | | (13) The State Registrar may verify from the | 22 | | information contained in
the index maintained by the State | 23 | | Registrar the authenticity of information
on births, | 24 | | deaths, marriages and dissolution of marriages provided to | 25 | | a
federal agency or a public agency of another state by a | 26 | | person seeking
benefits or employment from the agency, |
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| 1 | | provided the agency pays a fee of $10.
| 2 | | (14) The State Registrar may issue commemorative birth | 3 | | certificates to
persons eligible to receive birth | 4 | | certificates under this Section upon the
payment of a fee | 5 | | to be determined by the State Registrar.
| 6 | | (Source: P.A. 99-95, eff. 7-21-15; 100-42, eff. 1-1-18; | 7 | | 100-724, eff. 8-3-18.)
| 8 | | (410 ILCS 535/25.5)
| 9 | | Sec. 25.5. Death Certificate Surcharge Fund ; State Crime | 10 | | Laboratory Fund . | 11 | | (a) The additional $2 of the additional fee for
certified | 12 | | copies of death certificates and fetal death certificates must | 13 | | be
deposited into the Death Certificate Surcharge Fund, a | 14 | | special fund created in
the State treasury. Beginning 30 days | 15 | | after the effective date of this
amendatory Act of the 92nd | 16 | | General Assembly and until January 1, 2003 and
then beginning | 17 | | again on July 1, 2003 and until July 1, 2005, moneys
in the | 18 | | Fund, subject to appropriation, may be used by the
Department | 19 | | for the purpose of implementing an electronic reporting system | 20 | | for
death registrations as provided in Section 18.5 of this | 21 | | Act. Before the
effective date of this amendatory Act of the | 22 | | 92nd General Assembly,
on and
after January 1, 2003 and until | 23 | | July 1, 2003, and on and after July
1, 2005,
moneys in the | 24 | | Fund, subject to appropriations, may be
used as follows: (i) | 25 | | 25% by the Coroner Training Board for the purpose of training |
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| 1 | | coroners, deputy coroners, forensic
pathologists, and police | 2 | | officers for death investigations and lodging and travel | 3 | | expenses relating to training, (ii) 25% for
grants by the | 4 | | Department of Public Health
for distribution to
all local | 5 | | county coroners and medical examiners or officials charged with | 6 | | the
duties set forth under Division 3-3 of the Counties Code, | 7 | | who have a different
title, for equipment and lab facilities, | 8 | | (iii) 25% by the Department of Public
Health
for the purpose of
| 9 | | setting up a statewide database of death certificates and | 10 | | implementing an
electronic reporting system for death | 11 | | registrations pursuant to Section 18.5,
and (iv) 25% for a | 12 | | grant by the Department of Public Health to
local registrars.
| 13 | | (b) $2 of the additional fee for certified copies of death | 14 | | certificates and fetal death certificates must be deposited | 15 | | into the State Crime Laboratory Fund. | 16 | | (Source: P.A. 99-408, eff. 1-1-16 .)
| 17 | | Section 10. The Unified Code of Corrections is amended by | 18 | | changing Section 5-9-1.4 as follows:
| 19 | | (730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
| 20 | | Sec. 5-9-1.4. (a) "Crime laboratory" means any | 21 | | not-for-profit
laboratory registered with the Drug Enforcement | 22 | | Administration of the
United States Department of Justice, | 23 | | substantially funded by a unit or
combination of units of local | 24 | | government or the State of Illinois, which
regularly employs at |
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| 1 | | least one person engaged in the analysis
of controlled | 2 | | substances, cannabis, methamphetamine, or steroids for | 3 | | criminal justice
agencies in criminal matters and provides | 4 | | testimony with respect to such
examinations.
| 5 | | (b) (Blank).
| 6 | | (c) In addition to any other disposition made pursuant to | 7 | | the provisions
of the Juvenile Court Act of 1987, any minor | 8 | | adjudicated delinquent for an
offense
which if committed by an | 9 | | adult would constitute a violation of the Cannabis
Control Act, | 10 | | the Illinois Controlled Substances Act, the Methamphetamine | 11 | | Control and Community Protection Act, or the Steroid Control
| 12 | | Act shall be required to pay a criminal laboratory analysis | 13 | | assessment of $100
for each
adjudication.
Upon verified | 14 | | petition of the minor, the court may suspend payment of
all or | 15 | | part of the assessment if it finds that the minor does not have | 16 | | the ability
to pay the assessment.
The parent, guardian or | 17 | | legal custodian of the minor may pay
some or all of such | 18 | | assessment on the minor's behalf.
| 19 | | (d) All criminal laboratory analysis fees provided for by | 20 | | this Section shall
be collected by the clerk of the court and | 21 | | forwarded to the appropriate
crime laboratory fund as provided | 22 | | in subsection (f).
| 23 | | (e) Crime laboratory funds shall be established as follows:
| 24 | | (1) Any unit of local government which maintains a | 25 | | crime laboratory may
establish a crime laboratory fund | 26 | | within the office of the county or municipal treasurer.
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| 1 | | (2) Any combination of units of local government which | 2 | | maintains a crime
laboratory may establish a crime | 3 | | laboratory fund within the office of the
treasurer of the | 4 | | county where the crime laboratory is situated.
| 5 | | (3) The State Crime Laboratory Fund is hereby
created | 6 | | as a special fund in the State Treasury.
| 7 | | (f) The analysis assessment provided for in subsection (c) | 8 | | of this
Section shall be forwarded to the office of the | 9 | | treasurer of the unit of
local government that performed the | 10 | | analysis if that unit of local
government has established a | 11 | | crime laboratory fund, or to the State Crime
Laboratory Fund if | 12 | | the analysis was performed by a laboratory operated by
the | 13 | | Illinois State Police. If the analysis was performed by a crime
| 14 | | laboratory funded by a combination of units of local | 15 | | government, the
analysis assessment shall be forwarded to the | 16 | | treasurer of the
county where the crime laboratory is situated | 17 | | if a crime laboratory fund
has been established in that county. | 18 | | If the unit of local government or
combination of units of | 19 | | local government has not established a crime
laboratory fund, | 20 | | then the analysis assessment shall be forwarded to the State
| 21 | | Crime Laboratory Fund.
| 22 | | (g) Moneys deposited into a crime laboratory fund created | 23 | | pursuant to
paragraphs (1) or (2) of subsection (e) of this | 24 | | Section shall be in
addition to any allocations made pursuant | 25 | | to existing law and shall be
designated for the exclusive use | 26 | | of the crime laboratory. These uses may
include, but are not |
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| 1 | | limited to, the following:
| 2 | | (1) costs incurred in providing analysis for | 3 | | controlled substances in
connection with criminal | 4 | | investigations conducted within this State;
| 5 | | (2) purchase and maintenance of equipment for use in | 6 | | performing analyses; and
| 7 | | (3) continuing education, training and professional | 8 | | development of
forensic
scientists regularly employed by | 9 | | these laboratories.
| 10 | | (h) Moneys deposited in the State Crime Laboratory Fund | 11 | | created pursuant
to paragraph (3) of subsection (d) of this | 12 | | Section shall be used by State
crime laboratories as designated | 13 | | by the Director of State Police. These
funds shall be in | 14 | | addition to any allocations made pursuant to existing law
and | 15 | | shall be designated for the exclusive use of State crime | 16 | | laboratories or for the sexual assault evidence tracking system | 17 | | created under Section 50 of the Sexual Assault Evidence | 18 | | Submission Act.
These uses may include those enumerated in | 19 | | subsection (g) of this Section. | 20 | | Moneys deposited in the State Crime Laboratory Fund | 21 | | pursuant to Section 25 and subsection (b) of Section 25.5 of | 22 | | the Vital Records Act shall be used according to paragraph (3) | 23 | | of subsection (g) of this Section.
| 24 | | (Source: P.A. 100-987, eff. 7-1-19; 101-377, eff. 8-16-19.)
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