Full Text of HB5525 95th General Assembly
HB5525 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5525
Introduced , by Rep. Franco Coladipietro - Tom Cross SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/5-9-1.4 |
from Ch. 38, par. 1005-9-1.4 |
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Amends the Unified Code of Corrections with respect to crime laboratory analysis fees. In the definition of "crime laboratory", provides that it must be formally accredited and must regularly employ persons who conduct analyses and provide testimony with respect to drug identification, latent fingerprint analysis, and DNA analysis. Enumerates additional offenses for which a guilty offender must pay a fee and increases those fees to varied amounts depending on the offense. Provides that laboratories using a crime laboratory fund must have and file documented procedures and policies concerning its response to discoveries of misconduct or incompetence and claims of innocence by convicted prisoners. Makes other changes.
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A BILL FOR
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HB5525 |
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LRB095 17658 RLC 43732 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Section 5-9-1.4 as follows:
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| (730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
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| Sec. 5-9-1.4. Crime laboratory analysis fees. | 8 |
| (a) "Crime laboratory" means any not-for-profit
laboratory | 9 |
| registered with the Drug Enforcement Administration of the
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| United States Department of Justice, formally accredited | 11 |
| against professionally recognized and accepted forensic | 12 |
| science standards, substantially funded by a unit or
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| combination of units of local government or the State of | 14 |
| Illinois, which
regularly employs persons trained and | 15 |
| authorized to conduct analyses in each of the following listed | 16 |
| disciplines and who provide at least one person engaged in the | 17 |
| analysis
of controlled substances, cannabis, methamphetamine, | 18 |
| or steroids for criminal justice
agencies in criminal matters | 19 |
| and provides testimony with respect to such
examinations : .
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| (1) Drug identification. | 21 |
| (2) Latent fingerprint identification. | 22 |
| (3) DNA analysis. | 23 |
| (b) When a person has been adjudged guilty of one of the |
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HB5525 |
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LRB095 17658 RLC 43732 b |
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| following offenses an offense in violation of
the Cannabis | 2 |
| Control Act, the Illinois Controlled Substances Act, the | 3 |
| Methamphetamine Control and Community Protection Act, or the
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| Steroid Control Act , in addition to any other disposition, | 5 |
| penalty or fine
imposed, and when the court is notified that a | 6 |
| forensic laboratory has conducted a forensic test in the | 7 |
| investigation of the case, the appropriate a criminal | 8 |
| laboratory analysis fee , as designated in this Section, of $100 | 9 |
| for each
offense for
which he was convicted shall be levied by | 10 |
| the court : . | 11 |
| (1) 720 ILCS 535/; Cannabis Control Act; $300. | 12 |
| (2) 720 ILCS 570/; Illinois Controlled Substances Act; | 13 |
| $300. | 14 |
| (3) 720 ILCS 646/; Methamphetamine Control and | 15 |
| Community Protection Act; $300. | 16 |
| (4) 720 ILCS 5/Art. 9; Criminal Code of 1961 | 17 |
| (homicide); $950. | 18 |
| (5) 720 ILCS 5/Art. 11; Criminal Code of 1961 (sex | 19 |
| offenses); $600. | 20 |
| (6) 720 ILCS 5/Art. 12; Criminal Code of 1961 (bodily | 21 |
| harm); $600. | 22 |
| (7) 720 ILCS 5/Art. 16; Criminal Code of 1961 (theft | 23 |
| and related offenses); $200. | 24 |
| (8) 720 ILCS 5/Art. 18; Criminal Code of 1961 | 25 |
| (robbery); $400. | 26 |
| (9) 720 ILCS 5/Art. 19; Criminal Code of 1961 |
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HB5525 |
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LRB095 17658 RLC 43732 b |
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| (burglary); $400. | 2 |
| (10) 720 ILCS 5/Art. 20; Criminal Code of 1961 (arson); | 3 |
| $400. | 4 |
| Any person placed on
probation pursuant to a statute listed in | 5 |
| items (1) through (10) Section 10 of the Cannabis Control Act, | 6 |
| Section 410
of the Illinois Controlled Substances Act, Section | 7 |
| 70 of the Methamphetamine Control and Community Protection Act, | 8 |
| or Section 10 of the Steroid
Control Act or placed on | 9 |
| supervision for a violation of the Cannabis
Control Act, the | 10 |
| Illinois Controlled Substances Act or the Steroid Control
Act | 11 |
| shall be assessed the appropriate a criminal laboratory | 12 |
| analysis fee of $100
for each
offense for which he was charged.
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| Upon verified petition of the person, the court may suspend | 14 |
| payment of
all or part of the fee if it finds that the person | 15 |
| does not have the ability
to pay the fee .
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| (c) In addition to any other disposition made pursuant to | 17 |
| the provisions
of the Juvenile Court Act of 1987, any minor | 18 |
| adjudicated delinquent for an
offense
which if committed by an | 19 |
| adult would constitute a violation of the Cannabis
Control Act, | 20 |
| the Illinois Controlled Substances Act, the Methamphetamine | 21 |
| Control and Community Protection Act, or the Steroid Control
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| Act shall be assessed a criminal laboratory analysis fee of | 23 |
| $100
for each
adjudication.
Upon verified petition of the | 24 |
| minor, the court may suspend payment of
all or part of the fee | 25 |
| if it finds that the minor does not have the ability
to pay the | 26 |
| fee.
The parent, guardian or legal custodian of the minor may |
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HB5525 |
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LRB095 17658 RLC 43732 b |
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| pay
some or all of such fee on the minor's behalf.
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| (d) All criminal laboratory analysis fees provided for by | 3 |
| this Section shall
be collected by the clerk of the court and | 4 |
| forwarded to the appropriate
crime laboratory fund as provided | 5 |
| in subsection (f).
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| (e) Crime laboratory funds shall be established as follows:
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| (1) Any unit of local government which maintains a | 8 |
| crime laboratory may
establish a crime laboratory fund | 9 |
| within the office of the county or municipal treasurer.
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| (2) Any combination of units of local government which | 11 |
| maintains a crime
laboratory may establish a crime | 12 |
| laboratory fund within the office of the
treasurer of the | 13 |
| county where the crime laboratory is situated.
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| (3) The State Crime Laboratory Fund is hereby
created | 15 |
| as a special fund in the State Treasury.
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| (f) The analysis fee provided for in subsections (b) and | 17 |
| (c) of this
Section shall be forwarded to the office of the | 18 |
| treasurer of the unit of
local government that performed the | 19 |
| analysis if that unit of local
government has established a | 20 |
| crime laboratory fund, or to the State Crime
Laboratory Fund if | 21 |
| the analysis was performed by a laboratory operated by
the | 22 |
| Illinois State Police. If the analysis was performed by a crime
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| laboratory funded by a combination of units of local | 24 |
| government, the
analysis fee shall be forwarded to the | 25 |
| treasurer of the
county where the crime laboratory is situated | 26 |
| if a crime laboratory fund
has been established in that county. |
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HB5525 |
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LRB095 17658 RLC 43732 b |
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| If the unit of local government or
combination of units of | 2 |
| local government has not established a crime
laboratory fund, | 3 |
| then the analysis fee shall be forwarded to the State
Crime | 4 |
| Laboratory Fund. The clerk of the circuit
court may retain the | 5 |
| amount of $10 from each collected analysis fee
to
offset | 6 |
| administrative costs incurred in carrying out the clerk's
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| responsibilities under this Section.
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| (g) Fees deposited into a crime laboratory fund created | 9 |
| pursuant to
paragraphs (1) or (2) of subsection (e) of this | 10 |
| Section shall be in
addition to any allocations made pursuant | 11 |
| to existing law and shall be
designated for the exclusive use | 12 |
| of the crime laboratory. These uses may
include, but are not | 13 |
| limited to, the following:
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| (1) costs incurred in providing analysis for | 15 |
| controlled substances in
connection with criminal | 16 |
| investigations conducted within this State;
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| (2) purchase and maintenance of equipment for use in | 18 |
| performing analyses; and
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| (3) continuing education, training and professional | 20 |
| development of
forensic
scientists regularly employed by | 21 |
| these laboratories.
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| (h) Fees deposited in the State Crime Laboratory Fund | 23 |
| created pursuant
to paragraph (3) of subsection (d) of this | 24 |
| Section shall be used by State
crime laboratories as designated | 25 |
| by the Director of State Police. These
funds shall be in | 26 |
| addition to any allocations made pursuant to existing law
and |
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LRB095 17658 RLC 43732 b |
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| shall be designated for the exclusive use of State crime | 2 |
| laboratories.
These uses may include those enumerated in | 3 |
| subsection (g) of this Section.
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| (i) Any crime laboratory or crime laboratory system using a | 5 |
| crime laboratory fund established pursuant to this Section | 6 |
| shall have and file with the Illinois Laboratory Advisory | 7 |
| Committee documented procedures and policies that govern the | 8 |
| laboratory's response to the following: | 9 |
| (1) The discovery of any instance of misconduct or | 10 |
| incompetence committed by a laboratory employee or | 11 |
| subcontractor if that conduct could or did have an adverse | 12 |
| impact on the integrity and fairness of a criminal | 13 |
| proceeding, including procedures and policies for the | 14 |
| reporting of those instances to a governmental entity, | 15 |
| independent of the laboratory, having the authority and | 16 |
| ability to objectively and completely investigate these | 17 |
| instances. | 18 |
| (2) The receipt of written claims of innocence by | 19 |
| prisoners convicted of violent crimes, or their | 20 |
| representatives, if further forensic testing or retesting | 21 |
| is requested for the purpose of proving innocence. | 22 |
| (Source: P.A. 94-556, eff. 9-11-05.)
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