Full Text of SB0920 102nd General Assembly
SB0920sam001 102ND GENERAL ASSEMBLY | Sen. Patricia Van Pelt Filed: 4/5/2021
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| 1 | | AMENDMENT TO SENATE BILL 920
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 920 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Forensic Laboratory Impact Note Act. References in this | 6 | | Article to "this Act" mean this Article. | 7 | | Section 5. Scope. Every bill, the purpose or effect of | 8 | | which is, either directly or indirectly, to: | 9 | | (1) increase or decrease
the number of crime laboratories; | 10 | | (2) increase or decrease the cost of operating crime | 11 | | laboratories; | 12 | | (3) impact on efficiencies and case loads as well as | 13 | | provide other facts, data, research, and science relevant to | 14 | | the legislative matter; or | 15 | | (4) result in alteration in any process involving or used | 16 | | by crime laboratories, |
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| 1 | | shall have prepared for it
prior to second reading in the house | 2 | | of introduction a brief explanatory
statement of the estimated | 3 | | total annual cost of such changes to the State and units of | 4 | | local government affected by those changes (if any). These | 5 | | statements shall be known
as "Forensic Laboratory Impact | 6 | | Notes". | 7 | | Section 10. Procedure. The sponsor of each bill referred | 8 | | to in Section 5 shall present
a copy of the bill, with his or | 9 | | her requirements for a Note, to the
Illinois Forensic Science | 10 | | Commission. The Note shall be prepared by the Illinois | 11 | | Forensic Science Commission and
furnished to the sponsor of | 12 | | the bill within 5 calendar days thereafter;
except that | 13 | | whenever, because of the complexity of the measure, additional
| 14 | | time is required for the preparation of the Note the | 15 | | Commission may so inform the sponsor of the bill and the | 16 | | sponsor may approve an extension of
the time within which the | 17 | | note should be furnished, not to extend, however,
beyond May | 18 | | 15 the odd numbered year following the date of request. | 19 | | Whenever the sponsor of any measure is of the opinion that | 20 | | no Note is necessary, any member of either house may | 21 | | thereafter request that a
Note be obtained, and in such case | 22 | | the matter shall be decided by majority
vote of those present | 23 | | and voting in the house of which he or she is a member. | 24 | | Section 15. Purpose. The purpose of the Note shall be to |
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| 1 | | identify the fiscal and practical effects of proposed | 2 | | legislation, including, but not limited to, analysis of | 3 | | technology, additional, alterations, improvements, or | 4 | | practices of forensic analyses for use in criminal | 5 | | proceedings, impact on the following headcount, space, | 6 | | equipment, instruments, accreditation, volume of cases for | 7 | | analysis, scientific controls and quality assurance. | 8 | | Section 20. Content. The Note shall be factual in nature, | 9 | | as brief and concise as may be, and
shall provide a reliable | 10 | | estimate of the annual cost to crime laboratories for which
| 11 | | the change is required. If it is determined that such need can | 12 | | not be
ascertained, the Note shall contain a statement to that | 13 | | effect,
setting forth the reasons why a determination of need | 14 | | cannot be given. | 15 | | Whenever any measure by which a Note is requested affects | 16 | | both the State and one or more units of local government, such | 17 | | effect must be set
forth in the Note. | 18 | | No comment or opinion shall be included in the Note | 19 | | regarding the merits of the measure for which the Note is
| 20 | | prepared; however, technical or mechanical defects may be | 21 | | noted. The
name of the
Illinois Forensic Science Commission | 22 | | shall appear at the end of the note and the original of the
| 23 | | Note shall be signed by a designee of the Commission. | 24 | | Section 25. Committee appearances. The fact that a Note is |
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| 1 | | prepared for any bill shall not
preclude or restrict the | 2 | | appearance before any committee of the General
Assembly of any | 3 | | official or authorized employee of the Commission, or any | 4 | | State board,
commission, department, agency, or other entity, | 5 | | who desires to be heard in
support of or in opposition to the | 6 | | measure. | 7 | | Section 30. Amendments. | 8 | | (a) Whenever any committee of either house reports any | 9 | | bill with amendments
of such a nature as will either, directly | 10 | | or indirectly, as stated
in the Note relating to the measure at | 11 | | the time of its referral to
the committee: | 12 | | (1) increase or decrease
the number of crime | 13 | | laboratories; increase or decrease the cost of operating | 14 | | crime laboratories; | 15 | | (2) impact on efficiencies and case loads as well as | 16 | | provide other facts, data, research, and science relevant | 17 | | to the legislative matter; or | 18 | | (3) result in alteration in any process involving or | 19 | | used by crime laboratories, | 20 | | there shall be included with the report of the committee a
| 21 | | statement of the effect of the change proposed by the | 22 | | amendment reported as
desired by a majority of the committee. | 23 | | (b) Whenever any
measure is amended on the floor of either | 24 | | house in such manner as will, either directly or indirectly, | 25 | | as stated
in the Note relating
to the measure prior to such |
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| 1 | | amendment: | 2 | | (1) increase or decrease
the number of crime | 3 | | laboratories; increase or decrease the cost of operating | 4 | | crime laboratories; impact on efficiencies and case loads | 5 | | as well as provide other facts, data, research, and | 6 | | science relevant to the legislative matter; or | 7 | | (2) result in alteration in any process involving or | 8 | | used by crime laboratories, | 9 | | a majority of such house may
propose that no action shall be | 10 | | taken upon the amendment until the sponsor
of the amendment | 11 | | shows to the members a statement of the effect of
his or her | 12 | | proposed amendment. | 13 | | Section 50. The Department of State Police Law of the
| 14 | | Civil Administrative Code of Illinois is amended by adding | 15 | | Section 2605-615 as follows: | 16 | | (20 ILCS 2605/2605-615 new) | 17 | | Sec. 2605-615. Illinois Forensic Science Commission. | 18 | | (a) Creation. There is created within the Illinois State | 19 | | Police the Illinois Forensic Science Commission. | 20 | | (b) Duties and purpose. The Commission shall: | 21 | | (1) Provide guidance to ensure the efficient delivery | 22 | | of forensic services and the sound practice of forensic | 23 | | science. | 24 | | (2) Provide a forum for discussions between forensic |
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| 1 | | science stakeholders to improve communication and | 2 | | coordination and to monitor the important issues impacting | 3 | | all stakeholders. | 4 | | (3) Take a systems-based approach in reviewing all | 5 | | aspects of the delivery of forensic services and the sound | 6 | | practice of forensic science with the goal of reducing or | 7 | | eliminating the factors and inefficiencies that contribute | 8 | | to backlogs and errors, with a focus on education and | 9 | | training, funding, hiring, procurement, and other aspects | 10 | | identified by the Commission. | 11 | | (4) Review significant non-conformities with the sound | 12 | | practice of forensic science documented by each | 13 | | publicly-funded forensic laboratory and offer | 14 | | recommendations for the correction thereof. | 15 | | (5) Subject to appropriation, provide educational, | 16 | | research, and professional training opportunities for | 17 | | practicing forensic scientists, police officers, judges, | 18 | | State's Attorneys and Assistant State's Attorneys, Public | 19 | | Defenders, and defense attorneys comporting with the sound | 20 | | practice of forensic science. | 21 | | (6) Collect and analyze information related to the | 22 | | impact of current laws, rules, policies, and practices on | 23 | | forensic crime laboratories and the practice of forensic | 24 | | science; evaluate the impact of those laws, rules, | 25 | | policies, and practices on forensic crime laboratories and | 26 | | the practice of forensic science; identify new policies |
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| 1 | | and approaches, together with changes in science, and | 2 | | technology; and make recommendations for changes to those | 3 | | laws, rules, policies, and practices that will yield | 4 | | better results in the criminal justice system consistent | 5 | | with the sound practice of forensic science. | 6 | | (7) Perform such other studies or tasks pertaining to | 7 | | forensic crime laboratories as may be requested by the | 8 | | General Assembly by resolution or the Governor, and | 9 | | perform such other functions as may be required by law or | 10 | | as are necessary to carry out the purposes and goals of the | 11 | | Commission prescribed in this Section. | 12 | | (8) Ensure that adequate resources and facilities are | 13 | | available for carrying out the changes proposed in | 14 | | legislation and that rational priorities are established | 15 | | for the use of those resources. | 16 | | To do so, the Commission shall prepare Forensic Laboratory | 17 | | Impact Notes identifying the fiscal and practical effects of | 18 | | proposed legislation according to the provisions of the | 19 | | Forensic Laboratory Impact Note Act, including, but not | 20 | | limited to, staffing, resources, and a professional opinion on | 21 | | the value of the change or changes proposed and related | 22 | | science. | 23 | | (c) Members. The Commission shall be composed of the | 24 | | Director of the Illinois State Police, or his or her designee, | 25 | | together with the following members appointed for a term of 4 | 26 | | years by the Governor with the advice and consent of the |
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| 1 | | Senate: | 2 | | (1) One crime laboratory director or administrator | 3 | | from each publicly-funded forensic laboratory system. | 4 | | (2) One member with experience in the admission of | 5 | | forensic evidence in trials from a statewide association | 6 | | representing prosecutors. | 7 | | (3) One member with experience in the admission of | 8 | | forensic evidence in trials from a statewide association | 9 | | representing criminal defense attorneys. | 10 | | (4) Three forensic scientists with bench work | 11 | | background from various forensic disciplines (e.g., DNA, | 12 | | chemistry, pattern evidence, etc.). | 13 | | (5) One retired circuit court judge or associate | 14 | | circuit court judge with criminal trial experience, | 15 | | including experience in the admission of forensic evidence | 16 | | in trials. | 17 | | (6) One academic specializing in the field of forensic | 18 | | sciences. | 19 | | (7) One or more community representatives (e.g., | 20 | | victim advocates, innocence project organizations, sexual | 21 | | assault examiners, etc.). | 22 | | The Governor shall designate one of the members of the | 23 | | Commission to serve as the chair of the Commission. The | 24 | | members of the Commission shall elect from their number such | 25 | | other officers as they may determine. Members of the | 26 | | Commission shall serve without compensation, but may be |
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| 1 | | reimbursed for reasonable expenses incurred in the performance | 2 | | of their duties from funds appropriated for that purpose. | 3 | | (d) Subcommittees. The Commission may form subcommittees | 4 | | to study specific issues identified under paragraph (3) of | 5 | | subsection (b), including, but not limited to, subcommittees | 6 | | on education and training, procurement, funding and hiring. Ad | 7 | | hoc subcommittees may also be convened to address other | 8 | | issues. Such subcommittees shall meet as needed to complete | 9 | | their work, and shall report their findings back to the | 10 | | Commission. Subcommittees shall include members of the | 11 | | Commission, and may also include non-members such as forensic | 12 | | science stakeholders and subject matter experts. | 13 | | (e) Meetings. The Commission shall meet quarterly, at the | 14 | | call of the chairperson. Facilities for meeting, whether | 15 | | remotely or in person, shall be provided for the Commission by | 16 | | the Illinois State Police. | 17 | | (f) Reporting by publicly-funded forensic laboratories. | 18 | | All State and local publicly-funded forensic laboratory | 19 | | systems, including, but not limited to, the DuPage County | 20 | | Forensic Science Center, the Northeastern Illinois Regional | 21 | | Crime Laboratory, and the Illinois State Police, shall | 22 | | annually provide to the Commission a report summarizing its | 23 | | significant non-conformities with the efficient delivery of | 24 | | forensic services and the sound practice of forensic science. | 25 | | The report will identify:
each significant non-conformity or | 26 | | deficient method;
how the non-conformity or deficient method |
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| 1 | | was detected;
the nature and extent of the non-conformity or | 2 | | deficient method;
all corrective actions implemented to | 3 | | address the non-conformity or deficient method;
and an | 4 | | analysis of the effectiveness of the corrective actions taken. | 5 | | (g) Definition. As used in this Section, "Commission" | 6 | | means the Illinois Forensic Science Commission.
| 7 | | Section 60. The Code of Criminal Procedure of 1963 is | 8 | | amended by adding Sections 111-9 and 116-6 as follows: | 9 | | (725 ILCS 5/111-9 new) | 10 | | Sec. 111-9. Notification to forensic laboratories. Unless | 11 | | the Supreme Court shall by Rule provide otherwise, upon | 12 | | disposition, withdrawal, or dismissal of any charge, the | 13 | | State's Attorney shall promptly notify the forensic laboratory | 14 | | or laboratories in possession of evidence, reports, or other | 15 | | materials or information related to that charge. Notification | 16 | | may be given by any reasonable means under the circumstances, | 17 | | including, but not limited to, the Illinois State Police | 18 | | Laboratory Information Management System, email, or telephone. | 19 | | Section 65. The Sexual Assault Evidence Submission Act is | 20 | | amended by changing Section 50 as follows: | 21 | | (725 ILCS 202/50) | 22 | | Sec. 50. Sexual assault evidence tracking system. |
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| 1 | | (a) On June 26, 2018, the Sexual Assault Evidence Tracking | 2 | | and Reporting Commission issued its report as required under | 3 | | Section 43. It is the intention of the General Assembly in | 4 | | enacting the provisions of this amendatory Act of the 101st | 5 | | General Assembly to implement the recommendations of the | 6 | | Sexual Assault Evidence Tracking and Reporting Commission set | 7 | | forth in that report in a manner that utilizes the current | 8 | | resources of law enforcement agencies whenever possible and | 9 | | that is adaptable to changing technologies and circumstances. | 10 | | (a-1) Due to the complex nature of a statewide tracking | 11 | | system for sexual assault evidence and
to ensure all | 12 | | stakeholders, including, but not limited to, victims and their | 13 | | designees, health care facilities, law enforcement agencies, | 14 | | forensic labs, and State's Attorneys offices are integrated, | 15 | | the Commission recommended the purchase of an
electronic | 16 | | off-the-shelf tracking system. The system must be able to | 17 | | communicate with all
stakeholders and provide real-time | 18 | | information to a victim or his or her designee on the status
of | 19 | | the evidence that was collected. The sexual assault evidence | 20 | | tracking system must: | 21 | | (1) be electronic and web-based; | 22 | | (2) be administered by the Department of State Police; | 23 | | (3) have help desk availability at all times; | 24 | | (4) ensure the law enforcement agency contact | 25 | | information is accessible to the
victim or his or her | 26 | | designee through the tracking system, so there is contact
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| 1 | | information for questions; | 2 | | (5) have the option for external connectivity to | 3 | | evidence management systems,
laboratory information | 4 | | management systems, or other electronic data
systems | 5 | | already in existence by any of the stakeholders to | 6 | | minimize additional
burdens or tasks on stakeholders; | 7 | | (6) allow for the victim to opt in for automatic | 8 | | notifications when status updates are
entered in the | 9 | | system, if the system allows; | 10 | | (7) include at each step in the process, a brief | 11 | | explanation of the general purpose of that
step and a | 12 | | general indication of how long the step may take to | 13 | | complete; | 14 | | (8) contain minimum fields for tracking and reporting, | 15 | | as follows: | 16 | | (A) for sexual assault evidence kit vendor fields: | 17 | | (i) each sexual evidence kit identification | 18 | | number provided to each health care
facility; and | 19 | | (ii) the date the sexual evidence kit was sent | 20 | | to the health care
facility. | 21 | | (B) for health care
facility fields: | 22 | | (i) the date sexual assault evidence was | 23 | | collected; and | 24 | | (ii) the date notification was made to the law | 25 | | enforcement agency that the sexual assault | 26 | | evidence was collected. |
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| 1 | | (C) for law enforcement agency fields: | 2 | | (i) the date the law enforcement agency took | 3 | | possession of the sexual assault evidence from the | 4 | | health care facility,
another law enforcement | 5 | | agency, or victim if he or she did not go through a | 6 | | health care facility; | 7 | | (ii) the law enforcement agency complaint | 8 | | number; | 9 | | (iii) if the law enforcement agency that takes | 10 | | possession of the sexual assault evidence from a | 11 | | health care facility is not the law enforcement | 12 | | agency
with jurisdiction in which the offense | 13 | | occurred, the date when the law enforcement agency
| 14 | | notified the law enforcement agency having | 15 | | jurisdiction that the agency has sexual assault | 16 | | evidence required under subsection (c) of Section | 17 | | 20 of the Sexual Assault Incident Procedure Act; | 18 | | (iv) an indication if the victim consented for | 19 | | analysis of the sexual assault evidence; | 20 | | (v) if the victim did not consent for analysis | 21 | | of the sexual assault evidence, the date
on which | 22 | | the law enforcement agency is no longer required | 23 | | to store the sexual assault evidence; | 24 | | (vi) a mechanism for the law enforcement | 25 | | agency to document why the sexual assault evidence | 26 | | was not
submitted to the laboratory for analysis, |
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| 1 | | if applicable; | 2 | | (vii) the date the law enforcement agency | 3 | | received the sexual assault evidence results back | 4 | | from the laboratory; | 5 | | (viii) the date statutory notifications were | 6 | | made to the victim or documentation of why | 7 | | notification
was not made; and | 8 | | (ix) the date the law enforcement agency | 9 | | turned over the case information to the State's
| 10 | | Attorney office, if applicable. | 11 | | (D) for forensic lab fields: | 12 | | (i) the date the sexual assault evidence is | 13 | | received from the law enforcement agency by the | 14 | | forensic lab
for analysis; | 15 | | (ii) the laboratory case number, visible to | 16 | | the law enforcement agency and State's Attorney | 17 | | office; and | 18 | | (iii) the date the laboratory completes the | 19 | | analysis of the sexual assault evidence. | 20 | | (E) for State's Attorney office fields: | 21 | | (i) the date the State's Attorney office | 22 | | received the sexual assault evidence results from | 23 | | the laboratory, if
applicable; and | 24 | | (ii) the disposition or status of the case. | 25 | | (a-2) The Commission also developed guidelines for secure | 26 | | electronic access to a tracking
system for a victim, or his or |
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| 1 | | her designee to access information on the status of the | 2 | | evidence
collected. The Commission recommended minimum | 3 | | guidelines in order to
safeguard confidentiality of the | 4 | | information contained within this statewide tracking
system. | 5 | | These recommendations are that the sexual assault evidence | 6 | | tracking system must: | 7 | | (1) allow for secure access, controlled by an | 8 | | administering body who can restrict user
access and allow | 9 | | different permissions based on the need of that particular | 10 | | user
and health care facility users may include | 11 | | out-of-state border hospitals, if
authorized by the | 12 | | Department of State Police to obtain this State's kits | 13 | | from vendor; | 14 | | (2) provide for users, other than victims, the ability | 15 | | to provide for any individual who
is granted access to the | 16 | | program their own unique user ID and password; | 17 | | (3) provide for a mechanism for a victim to enter the | 18 | | system and only access
his or her own information; | 19 | | (4) enable a sexual assault evidence to be tracked and | 20 | | identified through the unique sexual assault evidence kit | 21 | | identification
number or barcode that the vendor applies | 22 | | to each sexual assault evidence kit per the Department of | 23 | | State Police's contract; | 24 | | (5) have a mechanism to inventory unused kits provided | 25 | | to a health care facility from the vendor; | 26 | | (6) provide users the option to either scan the bar |
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| 1 | | code or manually enter the sexual assault evidence kit | 2 | | number
into the tracking program; | 3 | | (7) provide a mechanism to create a separate unique | 4 | | identification number for cases in
which a sexual evidence | 5 | | kit was not collected, but other evidence was collected; | 6 | | (8) provide the ability to record date, time, and user | 7 | | ID whenever any user accesses the
system; | 8 | | (9) provide for real-time entry and update of data; | 9 | | (10) contain report functions including: | 10 | | (A) health care facility compliance with | 11 | | applicable laws; | 12 | | (B) law enforcement agency compliance with | 13 | | applicable laws; | 14 | | (C) law enforcement agency annual inventory of | 15 | | cases to each State's Attorney office; and | 16 | | (D) forensic lab compliance with applicable laws; | 17 | | and | 18 | | (11) provide automatic notifications to the law | 19 | | enforcement agency when: | 20 | | (A) a health care facility has collected sexual | 21 | | assault evidence; | 22 | | (B) unreleased sexual assault evidence that is | 23 | | being stored by the law enforcement agency has met the | 24 | | minimum
storage requirement by law; and | 25 | | (C) timelines as required by law are not met for a | 26 | | particular case, if not
otherwise documented. |
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| 1 | | (b) The Department may shall develop rules to implement a | 2 | | sexual assault evidence tracking system that conforms with | 3 | | subsections (a-1) and (a-2) of this Section. The Department | 4 | | shall design the criteria for the sexual assault evidence | 5 | | tracking system so that, to the extent reasonably possible, | 6 | | the system can use existing technologies and products, | 7 | | including, but not limited to, currently available tracking | 8 | | systems. The sexual assault evidence tracking system shall be | 9 | | operational and shall begin tracking and reporting sexual | 10 | | assault evidence no later than one year after the effective | 11 | | date of this amendatory Act of the 101st General Assembly. The | 12 | | Department may adopt additional rules as it deems necessary to | 13 | | ensure that the sexual assault evidence tracking system | 14 | | continues to be a useful tool for law enforcement. | 15 | | (c) A treatment hospital, a treatment hospital with | 16 | | approved pediatric transfer, an out-of-state hospital approved | 17 | | by the Department of Public Health to receive transfers of | 18 | | Illinois sexual assault survivors, or an approved pediatric | 19 | | health care facility defined in Section 1a of the Sexual | 20 | | Assault Survivors Emergency Treatment Act shall participate in | 21 | | the sexual assault evidence tracking system created under this | 22 | | Section and in accordance with rules adopted under subsection | 23 | | (b), including, but not limited to, the collection of sexual | 24 | | assault evidence and providing information regarding that | 25 | | evidence, including, but not limited to, providing notice to | 26 | | law enforcement that the evidence has been collected. |
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| 1 | | (d) The operations of the sexual assault evidence tracking | 2 | | system shall be funded by moneys appropriated for that purpose | 3 | | from the State Crime Laboratory Fund and funds provided to the | 4 | | Department through asset forfeiture, together with such other | 5 | | funds as the General Assembly may appropriate. | 6 | | (e) To ensure that the sexual assault evidence tracking | 7 | | system is operational, the Department may adopt emergency | 8 | | rules to implement the provisions of this Section under | 9 | | subsection (ff) of Section 5-45 of the Illinois Administrative | 10 | | Procedure Act. | 11 | | (f) Information, including, but not limited to, evidence | 12 | | and records in the sexual assault evidence tracking system is | 13 | | exempt from disclosure under the Freedom of Information Act.
| 14 | | (Source: P.A. 101-377, eff. 8-16-19.) | 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
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