Full Text of HB3788 102nd General Assembly
HB3788ham001 102ND GENERAL ASSEMBLY | Rep. Denyse Stoneback Filed: 3/19/2021
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| 1 | | AMENDMENT TO HOUSE BILL 3788
| 2 | | AMENDMENT NO. ______. Amend House Bill 3788 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Department of State Police Law of the
| 5 | | Civil Administrative Code of Illinois is amended by changing | 6 | | Section 2605-605 as follows: | 7 | | (20 ILCS 2605/2605-605) | 8 | | Sec. 2605-605. Violent Crime Intelligence Task Force. The | 9 | | Director of State Police may establish a statewide | 10 | | multi-jurisdictional Violent Crime Intelligence Task Force led | 11 | | by the Department of State Police dedicated to combating gun | 12 | | violence, gun-trafficking, and other violent crime with the | 13 | | primary mission of preservation of life and reducing the | 14 | | occurrence and the fear of crime. The objectives of the Task | 15 | | Force shall include, but not be limited to, reducing and | 16 | | preventing illegal possession and use of firearms, |
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| 1 | | firearm-related homicides, and other violent crimes , and | 2 | | solving firearm-related crimes . | 3 | | (1) The Task Force may develop and acquire information, | 4 | | training, tools, and resources necessary to implement a | 5 | | data-driven approach to policing, with an emphasis on | 6 | | intelligence development. | 7 | | (2) The Task Force may utilize information sharing, | 8 | | partnerships, crime analysis, and evidence-based practices to | 9 | | assist in the reduction of firearm-related shootings, | 10 | | homicides, and gun-trafficking , including, but not limited to, | 11 | | ballistic data, eTrace data, DNA evidence, latent | 12 | | fingerprints, firearm training data, and National Integrated | 13 | | Ballistic Information Network (NIBIN) data. The Task Force may | 14 | | design a model crime gun intelligence strategy which may | 15 | | include, but is not limited to, comprehensive collection and | 16 | | documentation of all ballistic evidence, timely transfer of | 17 | | NIBIN and eTrace leads to an intelligence center, which may | 18 | | include the Division of Criminal Investigation of the Illinois | 19 | | State Police, timely dissemination of intelligence to | 20 | | investigators, investigative follow-up, and coordinated | 21 | | prosecution . | 22 | | (3) The Task Force may recognize and utilize best | 23 | | practices of community policing and may develop potential | 24 | | partnerships with faith-based and community organizations to | 25 | | achieve its goals. | 26 | | (4) The Task Force may identify and utilize best practices |
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| 1 | | in drug-diversion programs and other community-based services | 2 | | to redirect low-level offenders. | 3 | | (5) The Task Force may assist in violence suppression | 4 | | strategies including, but not limited to, details in | 5 | | identified locations that have shown to be the most prone to | 6 | | gun violence and violent crime, focused deterrence against | 7 | | violent gangs and groups considered responsible for the | 8 | | violence in communities, and other intelligence driven methods | 9 | | deemed necessary to interrupt cycles of violence or prevent | 10 | | retaliation. | 11 | | (6) In consultation with the Chief Procurement Officer, | 12 | | the Department of State Police may obtain contracts for | 13 | | software, commodities, resources, and equipment to assist the | 14 | | Task Force with achieving this Act. Any contracts necessary to | 15 | | support the delivery of necessary software, commodities, | 16 | | resources, and equipment are not subject to the Illinois | 17 | | Procurement Code, except for Sections 20-60, 20-65, 20-70, and | 18 | | 20-160 and Article 50 of that Code, provided that the Chief | 19 | | Procurement Officer may, in writing with justification, waive | 20 | | any certification required under Article 50 of the Illinois | 21 | | Procurement Code.
| 22 | | (Source: P.A. 100-3, eff. 1-1-18 .) | 23 | | Section 10. The Criminal Code of 2012 is amended by | 24 | | changing Section 24-8 as follows:
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| 1 | | (720 ILCS 5/24-8)
| 2 | | Sec. 24-8. Firearm evidence tracing .
| 3 | | (a) Upon recovering a firearm from the possession
of | 4 | | anyone who is not permitted by federal or State
law
to possess | 5 | | a firearm, a local law enforcement agency shall
use the best | 6 | | available information, including a firearms trace when | 7 | | necessary ,
to determine how and from whom the person gained
| 8 | | possession of the firearm.
Upon recovering a firearm that was | 9 | | used in the commission of any offense
classified as a felony or | 10 | | upon recovering a firearm that appears to have been
lost, | 11 | | mislaid,
stolen, or
otherwise unclaimed, a local law | 12 | | enforcement agency shall use the best
available
information, | 13 | | including a firearms trace when necessary , to determine prior
| 14 | | ownership of
the firearm.
| 15 | | (b) Law Local law enforcement shall, when appropriate, use | 16 | | the National
Tracing Center of the
Federal
Bureau of Alcohol, | 17 | | Tobacco and Firearms and the National Crime Information Center | 18 | | of the Federal Bureau of Investigation in complying with | 19 | | subsection (a) of
this Section.
| 20 | | (c) Law Local law enforcement agencies shall use the | 21 | | Illinois Department of
State Police Law Enforcement Agencies | 22 | | Data System (LEADS) Gun File to enter all
stolen, seized, or | 23 | | recovered firearms as prescribed by LEADS regulations and
| 24 | | policies. | 25 | | (d) Whenever a law enforcement agency recovers any fired | 26 | | cartridge case at a crime scene or has reason to believe that |
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| 1 | | the recovered fired cartridge case is related to or associated | 2 | | with the commission of a crime or the unlawful discharge of a | 3 | | firearm, the law enforcement agency shall submit the evidence | 4 | | to the National Integrated Ballistics Information Network | 5 | | (NIBIN) or an Illinois State Police laboratory for NIBIN | 6 | | processing. Whenever a law enforcement agency seizes or | 7 | | recovers a semiautomatic firearm that is deemed suitable to be | 8 | | entered into the NIBIN that was: (1) unlawfully possessed, (2) | 9 | | used for any unlawful purpose, (3) recovered from the scene of | 10 | | a crime, (4) is reasonably believed to have been used or | 11 | | associated with the commission of a crime, or (5) is acquired | 12 | | by the law enforcement agency as an abandoned or discarded | 13 | | firearm, the law enforcement agency shall submit the evidence | 14 | | to the NIBIN or an Illinois State Police laboratory for NIBIN | 15 | | processing.
When practicable, all NIBIN-suitable evidence and | 16 | | NIBIN-suitable test fires from recovered firearms shall be | 17 | | entered into the NIBIN within 2 business days of submission to | 18 | | Illinois State Police laboratories that have NIBIN access or | 19 | | another NIBIN site. Exceptions to this may occur if the | 20 | | evidence in question requires analysis by other forensic | 21 | | disciplines. The Illinois State Police laboratory, submitting | 22 | | agency, and relevant court representatives shall determine | 23 | | whether the request for additional analysis outweighs the 2 | 24 | | business-day requirement.
Illinois State Police laboratories | 25 | | that do not have NIBIN access shall submit NIBIN-suitable | 26 | | evidence and test fires to an Illinois State Police laboratory |
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| 1 | | with NIBIN access. Upon receipt at the laboratory with NIBIN | 2 | | access, when practicable, the evidence and test fires shall be | 3 | | entered into the NIBIN within 2 business days. Exceptions to | 4 | | this 2 business-day requirement may occur if the evidence in | 5 | | question requires analysis by other forensic disciplines. The | 6 | | Illinois State Police laboratory, submitting agency, and | 7 | | relevant court representatives shall determine whether the | 8 | | request for additional analysis outweighs the 2 business-day | 9 | | requirement.
Nothing in this Section shall be interpreted to | 10 | | conflict with standards and policies for NIBIN sites as | 11 | | promulgated by the Bureau of Alcohol, Tobacco, Firearms and | 12 | | Explosives (ATF) or successor agencies.
| 13 | | (Source: P.A. 91-364, eff. 1-1-00; 92-300, eff. 1-1-02.)
| 14 | | Section 15. The Unified Code of Corrections is amended by | 15 | | changing Section 5-4-3a as follows: | 16 | | (730 ILCS 5/5-4-3a) | 17 | | Sec. 5-4-3a. DNA testing backlog accountability. | 18 | | (a) On or before August 1 of each year, the Department of | 19 | | State Police shall report to the Governor and both houses of | 20 | | the General Assembly the following information: | 21 | | (1) the extent of the backlog of cases awaiting | 22 | | testing or awaiting DNA analysis by that Department, | 23 | | including but not limited to those tests conducted under | 24 | | Section 5-4-3, as of June 30 of the previous fiscal year, |
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| 1 | | with the backlog being defined as all cases awaiting | 2 | | forensic testing whether in the physical custody of the | 3 | | State Police or in the physical custody of local law | 4 | | enforcement, provided that the State Police have written | 5 | | notice of any evidence in the physical custody of local | 6 | | law enforcement prior to June 1 of that year; and | 7 | | (2) what measures have been and are being taken to | 8 | | reduce that backlog and the estimated costs or | 9 | | expenditures in doing so. | 10 | | (b) The information reported under this Section shall be | 11 | | made available to the public, at the time it is reported, on | 12 | | the official web site of the Department of State Police.
| 13 | | (c) Beginning January 1, 2016, the Department of State | 14 | | Police shall quarterly report on the status of the processing | 15 | | of forensic biology and DNA evidence submitted to the | 16 | | Department of State Police Laboratory for analysis. The report | 17 | | shall be submitted to the Governor and the General Assembly, | 18 | | and shall be posted on the Department of State Police website. | 19 | | The report shall include the following for each State Police | 20 | | Laboratory location and any laboratory to which the Department | 21 | | of State Police has outsourced evidence for testing: | 22 | | (1) For forensic biology submissions, report both | 23 | | total case and sexual assault or abuse case (as defined by | 24 | | the Sexual Assault Evidence Submission Act) figures for: | 25 | | (A) The number of cases received in the preceding | 26 | | quarter. |
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| 1 | | (B) The number of cases completed in the preceding | 2 | | quarter. | 3 | | (C) The number of cases waiting analysis. | 4 | | (D) The number of cases sent for outsourcing. | 5 | | (E) The number of cases waiting analysis that were | 6 | | received within the past 30 days. | 7 | | (F) The number of cases waiting analysis that were | 8 | | received 31 to 90 days prior. | 9 | | (G) The number of cases waiting analysis that were | 10 | | received 91 to 180 days prior. | 11 | | (H) The number of cases waiting analysis that were | 12 | | received 181 to 365 days prior. | 13 | | (I) The number of cases waiting analysis that were | 14 | | received more than 365 days prior. | 15 | | (J) The number of cases forwarded for DNA | 16 | | analyses. | 17 | | (2) For DNA submissions, report both total case and | 18 | | sexual assault or abuse case (as defined by the Sexual | 19 | | Assault Evidence Submission Act) figures for: | 20 | | (A) The number of cases received in the preceding | 21 | | quarter. | 22 | | (B) The number of cases completed in the preceding | 23 | | quarter. | 24 | | (C) The number of cases waiting analysis. | 25 | | (D) The number of cases sent for outsourcing. | 26 | | (E) The number of cases waiting analysis that were |
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| 1 | | received within the past 30 days. | 2 | | (F) The number of cases waiting analysis that were | 3 | | received 31 to 90 days prior. | 4 | | (G) The number of cases waiting analysis that were | 5 | | received 91 to 180 days prior. | 6 | | (H) The number of cases waiting analysis that were | 7 | | received 181 to 365 days prior. | 8 | | (I) The number of cases waiting analysis that were | 9 | | received more than 365 days prior. | 10 | | (3) For all other categories of testing (e.g., drug | 11 | | chemistry, firearms/toolmark, footwear/tire track, latent | 12 | | prints, toxicology, and trace chemistry analysis): | 13 | | (A) The number of cases received in the preceding | 14 | | quarter. | 15 | | (B) The number of cases completed in the preceding | 16 | | quarter. | 17 | | (C) The number of cases waiting analysis. | 18 | | (D) The number of cases entered in the National | 19 | | Integrated Ballistic Information Network (NIBIN). | 20 | | (E) The number of investigative leads developed | 21 | | from National Integrated Ballistic Information Network | 22 | | (NIBIN) analysis. | 23 | | (4) For the Combined DNA Index System (CODIS), report | 24 | | both total case and sexual assault or abuse case (as | 25 | | defined by the Sexual Assault Evidence Submission Act) | 26 | | figures for subparagraphs (D), (E), and (F) of this |
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| 1 | | paragraph (4): | 2 | | (A) The number of new offender samples received in | 3 | | the preceding quarter. | 4 | | (B) The number of offender samples uploaded to | 5 | | CODIS in the preceding quarter. | 6 | | (C) The number of offender samples awaiting | 7 | | analysis. | 8 | | (D) The number of unknown DNA case profiles | 9 | | uploaded to CODIS in the preceding quarter. | 10 | | (E) The number of CODIS hits in the preceding | 11 | | quarter. | 12 | | (F) The number of forensic evidence submissions | 13 | | submitted to confirm a previously reported CODIS hit. | 14 | | (5) For each category of testing, report the number of | 15 | | trained forensic scientists and the number of forensic | 16 | | scientists in training. | 17 | | As used in this subsection (c), "completed" means | 18 | | completion of both the analysis of the evidence and the | 19 | | provision of the results to the submitting law enforcement | 20 | | agency. | 21 | | (d) The provisions of this subsection (d), other than this | 22 | | sentence, are inoperative on and after January 1, 2019 or 2 | 23 | | years after the effective date of this amendatory Act of the | 24 | | 99th General Assembly, whichever is later. In consultation | 25 | | with and subject to the approval of the Chief Procurement | 26 | | Officer, the Department of State Police may obtain contracts |
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| 1 | | for services, commodities, and equipment to assist in the | 2 | | timely completion of forensic biology, DNA, drug chemistry, | 3 | | firearms/toolmark, footwear/tire track, latent prints, | 4 | | toxicology, microscopy, trace chemistry, and Combined DNA | 5 | | Index System (CODIS) analysis. Contracts to support the | 6 | | delivery of timely forensic science services are not subject | 7 | | to the provisions of the Illinois Procurement Code, except for | 8 | | Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of | 9 | | that Code, provided that the Chief Procurement Officer may, in | 10 | | writing with justification, waive any certification required | 11 | | under Article 50 of the Illinois Procurement Code. For any | 12 | | contracts for services which are currently provided by members | 13 | | of a collective bargaining agreement, the applicable terms of | 14 | | the collective bargaining agreement concerning subcontracting | 15 | | shall be followed. | 16 | | (Source: P.A. 99-352, eff. 1-1-16; 99-801, eff. 1-1-17 .)".
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