Full Text of HB0384 102nd General Assembly
HB0384ham001 102ND GENERAL ASSEMBLY | Rep. Jaime M. Andrade, Jr. Filed: 3/18/2021
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| 1 | | AMENDMENT TO HOUSE BILL 384
| 2 | | AMENDMENT NO. ______. Amend House Bill 384 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Illinois Forensic Science Commission Act. | 6 | | Section 5. The Department of State Police Law of the
Civil | 7 | | Administrative Code of Illinois is amended by adding Section | 8 | | 2605-615 as follows: | 9 | | (20 ILCS 2605/2605-615 new) | 10 | | Sec. 2605-615. Illinois Forensic Science Commission. | 11 | | (a) Creation. There is created within the Illinois State | 12 | | Police the Illinois Forensic Science Commission. | 13 | | (b) Duties and purpose. The Commission shall: | 14 | | (1) Provide guidance to ensure the efficient delivery | 15 | | of forensic services and the sound practice of forensic |
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| 1 | | science. | 2 | | (2) Provide a forum for discussions between forensic | 3 | | science stakeholders to improve communication and | 4 | | coordination and to monitor the important issues impacting | 5 | | all stakeholders. | 6 | | (3) Take a systems-based approach in reviewing all | 7 | | aspects of the delivery of forensic services and the sound | 8 | | practice of forensic science with the goal of reducing or | 9 | | eliminating the factors and inefficiencies that contribute | 10 | | to backlogs and errors, with a focus on education and | 11 | | training, funding, hiring, procurement, and other aspects | 12 | | identified by the Commission. | 13 | | (4) Review significant non-conformities with the sound | 14 | | practice of forensic science documented by each | 15 | | publicly-funded forensic laboratory and offer | 16 | | recommendations for the correction thereof. | 17 | | (5) Subject to appropriation, provide educational, | 18 | | research, and professional training opportunities for | 19 | | practicing forensic scientists, police officers, judges, | 20 | | State's Attorneys and Assistant State's Attorneys, Public | 21 | | Defenders, and defense attorneys comporting with the sound | 22 | | practice of forensic science. | 23 | | (6) Collect and analyze information related to the | 24 | | impact of current laws, rules, policies, and practices on | 25 | | forensic crime laboratories and the practice of forensic | 26 | | science; evaluate the impact of those laws, rules, |
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| 1 | | policies, and practices on forensic crime laboratories and | 2 | | the practice of forensic science; identify new policies | 3 | | and approaches, together with changes in science, and | 4 | | technology; and make recommendations for changes to those | 5 | | laws, rules, policies, and practices that will yield | 6 | | better results in the criminal justice system consistent | 7 | | with the sound practice of forensic science. | 8 | | (7) Perform such other studies or tasks pertaining to | 9 | | forensic crime laboratories as may be requested by the | 10 | | General Assembly by resolution or the Governor, and | 11 | | perform such other functions as may be required by law or | 12 | | as are necessary to carry out the purposes and goals of the | 13 | | Commission prescribed in this Section. | 14 | | (8) Ensure that adequate resources and facilities are | 15 | | available for carrying out the changes proposed in | 16 | | legislation, rules, or policies and that rational | 17 | | priorities are established for the use of those resources. | 18 | | To do so, the Commission may prepare statements to the | 19 | | Governor and General Assembly identifying the fiscal and | 20 | | practical effects of proposed legislation, rules, or | 21 | | policy changes, Such statements may include, but are not | 22 | | limited to: the impact on present levels of staffing and | 23 | | resources; a professional opinion on the practical value | 24 | | of the change or changes; the increase or decrease the | 25 | | number of crime laboratories; the increase or decrease the | 26 | | cost of operating crime laboratories; the impact on |
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| 1 | | efficiencies and caseloads; other information, including | 2 | | but not limited to, facts, data, research, and science | 3 | | relevant to the legislation, rule, or policy; the direct | 4 | | or indirect alteration in any process involving or used by | 5 | | crime laboratories of such proposed legislation, rules, or | 6 | | policy changes; an analysis of the impact, either directly | 7 | | or indirectly, on the technology, improvements, or | 8 | | practices of forensic analyses for use in criminal | 9 | | proceedings; together with the direct or indirect impact | 10 | | on headcount, space, equipment, instruments, | 11 | | accreditation, the volume of cases for analysis, | 12 | | scientific controls, and quality assurance. | 13 | | (c) Members. The Commission shall be composed of the | 14 | | Director of the Illinois State Police, or his or her designee, | 15 | | together with the following members appointed by the Governor | 16 | | with the advice and consent of the Senate: | 17 | | (1) One crime laboratory director or administrator | 18 | | from each publicly-funded forensic laboratory system. | 19 | | (2) One member with experience in the admission of | 20 | | forensic evidence in trials from a statewide association | 21 | | representing prosecutors. | 22 | | (3) One member with experience in the admission of | 23 | | forensic evidence in trials from a statewide association | 24 | | representing criminal defense attorneys. | 25 | | (4) Three forensic scientists with bench work | 26 | | background from various forensic disciplines (e.g., DNA, |
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| 1 | | chemistry, pattern evidence, etc.). | 2 | | (5) One retired circuit court judge or associate | 3 | | circuit court judge with criminal trial experience, | 4 | | including experience in the admission of forensic evidence | 5 | | in trials. | 6 | | (6) One academic specializing in the field of forensic | 7 | | sciences. | 8 | | (7) One or more community representatives (e.g., | 9 | | victim advocates, innocence project organizations, sexual | 10 | | assault examiners, etc.). | 11 | | Of the initial appointments, the Governor shall appoint | 12 | | half of the members for terms of 2 years and half of the | 13 | | members for terms of 4 years. Thereafter, all members shall be | 14 | | appointed for terms of 4 years. | 15 | | The Governor shall designate one of the members of the | 16 | | Commission to serve as the chair of the Commission. The | 17 | | members of the Commission shall elect from their number such | 18 | | other officers as they may determine. Members of the | 19 | | Commission shall serve without compensation, but may be | 20 | | reimbursed for reasonable expenses incurred in the performance | 21 | | of their duties from funds appropriated for that purpose. | 22 | | (d) Subcommittees. The Commission may form subcommittees | 23 | | to study specific issues identified under paragraph (3) of | 24 | | subsection (b), including, but not limited to, subcommittees | 25 | | on education and training, procurement, funding and hiring. Ad | 26 | | hoc subcommittees may also be convened to address other |
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| 1 | | issues. Such subcommittees shall meet as needed to complete | 2 | | their work, and shall report their findings back to the | 3 | | Commission. Subcommittees shall include members of the | 4 | | Commission, and may also include non-members such as forensic | 5 | | science stakeholders and subject matter experts. | 6 | | (e) Meetings. The Commission shall meet quarterly, at the | 7 | | call of the chairperson. Facilities for meeting, whether | 8 | | remotely or in person, shall be provided for the Commission by | 9 | | the Illinois State Police. | 10 | | (f) Reporting by publicly-funded forensic laboratories. | 11 | | All State and local publicly-funded forensic laboratory | 12 | | systems, including, but not limited to, the DuPage County | 13 | | Forensic Science Center, the Northeastern Illinois Regional | 14 | | Crime Laboratory, and the Illinois State Police, shall | 15 | | annually provide to the Commission a report summarizing its | 16 | | significant non-conformities with the efficient delivery of | 17 | | forensic services and the sound practice of forensic science. | 18 | | The report will identify:
each significant non-conformity or | 19 | | deficient method;
how the non-conformity or deficient method | 20 | | was detected;
the nature and extent of the non-conformity or | 21 | | deficient method;
all corrective actions implemented to | 22 | | address the non-conformity or deficient method;
and an | 23 | | analysis of the effectiveness of the corrective actions taken. | 24 | | (g) Definition. As used in this Section, "Commission" | 25 | | means the Illinois Forensic Science Commission.
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| 1 | | Section 60. The Code of Criminal Procedure of 1963 is | 2 | | amended by adding Sections 111-9 and 116-6 as follows: | 3 | | (725 ILCS 5/111-9 new) | 4 | | Sec. 111-9. Notification to forensic laboratories. Unless | 5 | | the Supreme Court shall by Rule provide otherwise, upon | 6 | | disposition, withdrawal, or dismissal of any charge, the | 7 | | State's Attorney shall promptly notify the forensic laboratory | 8 | | or laboratories in possession of evidence, reports, or other | 9 | | materials or information related to that charge. Notification | 10 | | may be given by any reasonable means under the circumstances, | 11 | | including, but not limited to, the Illinois State Police | 12 | | Laboratory Information Management System, email, or telephone. | 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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