State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Senate Amendment 001 ]


92_SB1838eng

 
SB1838 Engrossed                               LRB9215785JMmg

 1        AN ACT concerning the Department of State Police.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Department  of State Police Law of the
 5    Civil Administrative Code of Illinois is amended by  changing
 6    Sections   2605-25,   2605-30,   2605-35,  2605-40,  2605-45,
 7    2605-50, 2605-220,  and 2605-250 as follows:

 8        (20 ILCS 2605/2605-25) (was 20 ILCS 2605/55a-1)
 9        Sec. 2605-25.  Department  organization  divisions.   The
10    Department  shall be organized as prescribed by the Director.
11    The Director shall assign and delegate the powers and  duties
12    of  the Department to any division, command, bureau, or other
13    Department entity, as may be  necessary,  in  a  manner  that
14    reflects   the  efficient  and  effective  use  of  available
15    resources to administer the provisions  of  this  Law  or  to
16    fulfill any other statutory responsibility of the Department.
17    The  Department  is  divided  into  the Illinois State Police
18    Academy and 4 divisions:  the  Division  of  Operations,  the
19    Division    of    Forensic    Services,   the   Division   of
20    Administration, and the Division of Internal Investigation.
21    (Source: P.A.  90-130,  eff.  1-1-98;  91-239,  eff.  1-1-00;
22    91-760, eff. 1-1-01.)

23        (20 ILCS 2605/2605-30) (was 20 ILCS 2605/55a-2)
24        Sec.   2605-30.   Operational   functions   Division   of
25    Operations (formerly State Troopers). The Department Division
26    of   Operations  shall  exercise  the  operational  following
27    functions and those in this Section and Section 2605-35:
28             (1)  Cooperate with federal  and  State  authorities
29        requesting  utilization of the Department's radio network
30        system under the Illinois Aeronautics Act.
 
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 1             (2)  Exercise the rights, powers, and duties of  the
 2        State Police under the State Police Act.
 3             (3)  Exercise  the rights, powers, and duties vested
 4        by law in the Department by the State Police Radio Act.
 5             (4)  Exercise the rights, powers, and duties of  the
 6        Department  vested  by  law  in  the  Department  and the
 7        Illinois State Police by the Illinois Vehicle Code.
 8             (5)  Exercise other duties that have been or may  be
 9        vested by law in the Illinois State Police.
10             (6)  Exercise  other  duties that may be assigned by
11        the Director in order to fulfill the responsibilities and
12        to achieve the purposes of the Department.
13    (Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)

14        (20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
15        Sec. 2605-35.  Additional operational functions  Division
16    of Operations (formerly Criminal Investigation).
17        (a)  The Department Division of Operations shall exercise
18    the operational following functions and those in this Section
19    and Section 2605-30:
20             (1)  Exercise  the rights, powers, and duties vested
21        by law in the Department by the Illinois Horse Racing Act
22        of 1975.
23             (2)  Investigate the origins, activities, personnel,
24        and incidents of crime and enforce the criminal  laws  of
25        this State related thereto.
26             (3)  Enforce  all  laws  regulating  the production,
27        sale,    prescribing,    manufacturing,    administering,
28        transporting,   having   in    possession,    dispensing,
29        delivering, distributing, or use of controlled substances
30        and cannabis.
31             (4)  Cooperate  with the police of cities, villages,
32        and incorporated towns and with the  police  officers  of
33        any  county  in  enforcing  the  laws of the State and in
 
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 1        making arrests and recovering property.
 2             (5)  Apprehend and deliver up any person charged  in
 3        this State or any other state with treason or a felony or
 4        other  crime  who  has  fled from justice and is found in
 5        this State.
 6             (6)  Investigate recipients and  providers under the
 7        Illinois Public Aid Code and any  personnel  involved  in
 8        the  administration  of the Code who are suspected of any
 9        violation  of  the  Code  pertaining  to  fraud  in   the
10        administration,  receipt,  or provision of assistance and
11        pertaining to any violation of criminal law; and exercise
12        the functions required  under  Section  2605-220  in  the
13        conduct of those investigations.
14             (7) Conduct other investigations as provided by law.
15             (8)  Exercise the powers and perform the duties that
16        have been vested in the Department by  the  Sex  Offender
17        Registration  Act and the Sex Offender and Child Murderer
18        Community Notification  Law;  and  promulgate  reasonable
19        rules and regulations necessitated thereby.
20             (9)  Exercise  other  duties that may be assigned by
21        the Director in order to fulfill the responsibilities and
22        achieve the purposes of the Department.
23        (b)  There  is  hereby  established  in  the   Department
24    Division  of  Operations  the  Office of Coordination of Gang
25    Prevention, hereafter referred to as the Office.
26        The Office shall consult with units of  local  government
27    and   school   districts  to  assist  them  in  gang  control
28    activities and to administer a system of grants to  units  of
29    local government and school districts that, upon application,
30    have  demonstrated a workable plan to reduce gang activity in
31    their area.  The grants shall not include  reimbursement  for
32    personnel,  nor shall they exceed 75% of the total request by
33    any  applicant.   The  grants  may   be   calculated   on   a
34    proportional  basis,  determined  by  funds  available to the
 
SB1838 Engrossed            -4-                LRB9215785JMmg
 1    Department  for  this  purpose.   The  Department   has   the
 2    authority  to promulgate appropriate rules and regulations to
 3    administer this program.
 4        The  Office  shall  establish  mobile  units  of  trained
 5    personnel to respond to gang activities.
 6        The Office shall also consult with and use  the  services
 7    of  religious leaders and other celebrities to assist in gang
 8    control activities.
 9        The Office may  sponsor  seminars,  conferences,  or  any
10    other  educational  activity  to  assist communities in their
11    gang crime control activities.
12    (Source: P.A. 90-193,  eff.  7-24-97;  91-239,  eff.  1-1-00;
13    91-760, eff. 1-1-01.)

14        (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
15        Sec.  2605-40.  Forensic  service  functions  Division of
16    Forensic  Services.   The  Department  Division  of  Forensic
17    Services  shall  exercise  the  following  forensic   service
18    functions:
19             (1)  Exercise  the rights, powers, and duties vested
20        by law in the Department by the  Criminal  Identification
21        Act.
22             (2)  Exercise  the rights, powers, and duties vested
23        by law in the Department by Section 2605-300 of this Law.
24             (3)  Provide assistance  to  local  law  enforcement
25        agencies  through  training,  management,  and consultant
26        services.
27             (4)  (Blank).
28             (5)  Exercise other duties that may be  assigned  by
29        the Director in order to fulfill the responsibilities and
30        achieve the purposes of the Department.
31             (6)  Establish   and   operate  a  forensic  science
32        laboratory system,  including  a  forensic  toxicological
33        laboratory  service, for the purpose of testing specimens
 
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 1        submitted by coroners and other law enforcement  officers
 2        in  their efforts to determine whether alcohol, drugs, or
 3        poisonous or other toxic substances have been involved in
 4        deaths, accidents, or illness.    Forensic  toxicological
 5        laboratories   shall   be   established  in  Springfield,
 6        Chicago, and elsewhere in the State as needed.
 7             (7)  Subject to  specific  appropriations  made  for
 8        these  purposes,  establish  and  coordinate a system for
 9        providing accurate and  expedited  forensic  science  and
10        other  investigative and laboratory services to local law
11        enforcement agencies and local State's Attorneys  in  aid
12        of the investigation and trial of capital cases.
13    (Source:  P.A.  90-130,  eff.  1-1-98;  91-239,  eff. 1-1-00;
14    91-589, eff. 1-1-00; 91-760, eff. 1-1-01.)

15        (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
16        Sec.  2605-45.  Administrative  functions   Division   of
17    Administration.  The  Department  Division  of Administration
18    shall exercise the following administrative functions:
19             (1)  Exercise the rights, powers, and duties  vested
20        in the Department by the Bureau of the Budget Act.
21             (2)  Pursue  research and the publication of studies
22        pertaining to local law enforcement activities.
23             (3)  Exercise the rights, powers, and duties  vested
24        in the Department by the Personnel Code.
25             (4)  Operate   an  electronic  data  processing  and
26        computer center for the storage  and  retrieval  of  data
27        pertaining to criminal activity.
28             (5)  Exercise  the rights, powers, and duties vested
29        in the former Division of State Troopers by Section 17 of
30        the State Police Act.
31             (6)  Exercise the rights, powers, and duties  vested
32        in  the  Department  by  "An  Act  relating  to  internal
33        auditing  in  State government", approved August 11, 1967
 
SB1838 Engrossed            -6-                LRB9215785JMmg
 1        (repealed; now the Fiscal Control and  Internal  Auditing
 2        Act, 30 ILCS 10/).
 3             (6.5)  Exercise   the  rights,  powers,  and  duties
 4        vested  in  the  Department   by   the   Firearm   Owners
 5        Identification Card Act.
 6             (7)  Exercise  other  duties that may be assigned by
 7        the Director to fulfill the responsibilities and  achieve
 8        the purposes of the Department.
 9    (Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)

10        (20 ILCS 2605/2605-50) (was 20 ILCS 2605/55a-6)
11        Sec.  2605-50.  Internal investigation functions Division
12    of  Internal  Investigation.  The  Department   Division   of
13    Internal  Investigation  shall initiate internal departmental
14    investigations  and,  at  the  direction  of  the   Governor,
15    investigate   complaints   and   initiate  investigations  of
16    official misconduct by State  officers  and  State  employees
17    under the jurisdiction of the Governor.
18    (Source: P.A. 91-239, eff. 1-1-00.)

19        (20 ILCS 2605/2605-220) (was 20 ILCS 2605/55a-7)
20        Sec.  2605-220.  Public  aid  fraud  investigations.  The
21    Department,   through   the  Division  of  Operations,  shall
22    investigate  recipients  and  providers  under  the  Illinois
23    Public  Aid  Code  and  any   personnel   involved   in   the
24    administration   of   the  Code  who  are  suspected  of  any
25    violations  of  the  Code  pertaining   to   fraud   in   the
26    administration,  receipt,  or  provision  of  assistance  and
27    pertaining  to  any violation of criminal law. The Department
28    shall, in addition to functions otherwise authorized by State
29    and federal law, exercise the following functions:
30             (1) Initiate investigations of  suspected  cases  of
31        public aid fraud.
32             (2) Investigate cases of public aid fraud.
 
SB1838 Engrossed            -7-                LRB9215785JMmg
 1    (Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)

 2        (20 ILCS 2605/2605-250) (was 20 ILCS 2605/55a in part)
 3        Sec.  2605-250.  Obtaining  evidence.  To expend the sums
 4    the  Director  deems  necessary  from  contractual   services
 5    appropriations  for the Department Division of Operations for
 6    the purchase of evidence and for the employment of persons to
 7    obtain  evidence.  The  sums  shall  be  advanced  to  agents
 8    authorized by the  Director  to  expend  funds,  on  vouchers
 9    signed by the Director.
10    (Source:   P.A.  90-18,  eff.  7-1-97;  90-130,  eff. 1-1-98;
11    90-372,  eff.  7-1-98;  90-590,  eff.  1-1-00;  90-655,  eff.
12    7-30-98; 90-793, eff. 8-14-98; 91-239, eff.  1-1-00;  91-760,
13    eff. 1-1-01.)

14        Section  10.  The State Police Act is amended by changing
15    Section 8 as follows:

16        (20 ILCS 2610/8) (from Ch. 121, par. 307.8)
17        Sec. 8.  The Board shall exercise jurisdiction  over  the
18    certification  for  appointment  and  promotion, and over the
19    discipline, removal, demotion and suspension of Department of
20    State  Police  officers.    Pursuant  to   recognized   merit
21    principles  of  public employment, the Board shall formulate,
22    adopt, and put into effect rules, regulations and  procedures
23    for  its  operation  and the transaction of its business. The
24    Board shall establish a classification of  ranks  of  persons
25    subject  to  its  jurisdiction  and  shall  set standards and
26    qualifications for each rank. Each Department of State Police
27    officer appointed by the Director shall be  classified  as  a
28    State  Police  officer as follows:  trooper, sergeant, master
29    sergeant, lieutenant, or captain, or major, or as  a  Special
30    Agent, Special Agent Sergeant, Special Agent Master Sergeant,
31    Special  Agent  Lieutenant,  Special Agent Captain or Special
 
SB1838 Engrossed            -8-                LRB9215785JMmg
 1    Agent  Major.  The  Director   may   use   other   additional
 2    designations  for  State  Police  officers to reflect special
 3    duties or training.  Any individual having been  promoted  to
 4    the  rank  of  major  prior  to  the  effective  date of this
 5    amendatory Act of the 92nd General Assembly shall retain  the
 6    rank  of  major until retirement, separation from service, or
 7    otherwise provided by a  personnel  action  governed  by  the
 8    Department of State Police Merit Board.
 9    (Source: P.A. 84-25.)

10        Section 15.  The State Finance Act is amended by changing
11    Section 8.3 as follows:

12        (30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
13        Sec.  8.3.  Money in the Road Fund shall, if and when the
14    State of Illinois incurs  any  bonded  indebtedness  for  the
15    construction of permanent highways, be set aside and used for
16    the  purpose of paying and discharging annually the principal
17    and  interest  on  that  bonded  indebtedness  then  due  and
18    payable, and for no other purpose.  The surplus, if  any,  in
19    the  Road Fund after the payment of principal and interest on
20    that bonded indebtedness then annually due shall be  used  as
21    follows:
22             first  --  to  pay  the  cost  of  administration of
23        Chapters 2 through  10  of  the  Illinois  Vehicle  Code,
24        except the cost of administration of Articles I and II of
25        Chapter 3 of that Code; and
26             secondly  --  for  expenses  of  the  Department  of
27        Transportation    for    construction,    reconstruction,
28        improvement,    repair,   maintenance,   operation,   and
29        administration  of  highways  in  accordance   with   the
30        provisions  of  laws relating thereto, or for any purpose
31        related or incident to and connected therewith, including
32        the separation of grades of those highways with railroads
 
SB1838 Engrossed            -9-                LRB9215785JMmg
 1        and with highways and including  the  payment  of  awards
 2        made  by the Industrial Commission under the terms of the
 3        Workers'  Compensation  Act  or   Workers'   Occupational
 4        Diseases  Act  for  injury or death of an employee of the
 5        Division of Highways in the Department of Transportation;
 6        or for the  acquisition  of  land  and  the  erection  of
 7        buildings for highway purposes, including the acquisition
 8        of   highway   right-of-way   or  for  investigations  to
 9        determine  the  reasonably  anticipated  future   highway
10        needs;  or  for  making of surveys, plans, specifications
11        and estimates for and in the construction and maintenance
12        of flight strips and of  highways  necessary  to  provide
13        access  to  military  and  naval reservations, to defense
14        industries and defense-industry sites, and to the sources
15        of raw materials and for replacing existing highways  and
16        highway  connections  shut off from general public use at
17        military  and  naval  reservations  and  defense-industry
18        sites, or for the purchase of right-of-way,  except  that
19        the  State  shall  be  reimbursed in full for any expense
20        incurred in  building  the  flight  strips;  or  for  the
21        operating  and  maintaining  of  highway  garages; or for
22        patrolling  and  policing   the   public   highways   and
23        conserving the peace; or for any of those purposes or any
24        other purpose that may be provided by law.
25        Appropriations for any of those purposes are payable from
26    the Road Fund.  Appropriations may also be made from the Road
27    Fund for the administrative expenses of any State agency that
28    are  related to motor vehicles or arise from the use of motor
29    vehicles.
30        Beginning with fiscal year 1980 and thereafter,  no  Road
31    Fund   monies   shall   be   appropriated  to  the  following
32    Departments   or   agencies   of   State    government    for
33    administration, grants, or operations; but this limitation is
34    not  a  restriction upon appropriating for those purposes any
 
SB1838 Engrossed            -10-               LRB9215785JMmg
 1    Road Fund monies that are eligible for federal reimbursement;
 2             1.  Department of Public Health;
 3             2.  Department of Transportation, only with  respect
 4        to subsidies for one-half fare Student Transportation and
 5        Reduced Fare for Elderly;
 6             3.  Department   of   Central  Management  Services,
 7        except for  expenditures  incurred  for  group  insurance
 8        premiums of appropriate personnel;
 9             4.  Judicial Systems and Agencies.
10        Beginning  with  fiscal year 1981 and thereafter, no Road
11    Fund  monies  shall  be   appropriated   to   the   following
12    Departments    or    agencies   of   State   government   for
13    administration, grants, or operations; but this limitation is
14    not a restriction upon appropriating for those  purposes  any
15    Road Fund monies that are eligible for federal reimbursement:
16             1.  Department   of   State   Police,   except   for
17        expenditures  with  respect  to its operational functions
18        the Division of Operations;
19             2.  Department of Transportation, only with  respect
20        to Intercity Rail Subsidies and Rail Freight Services.
21        Beginning  with  fiscal year 1982 and thereafter, no Road
22    Fund  monies  shall  be   appropriated   to   the   following
23    Departments    or    agencies   of   State   government   for
24    administration, grants, or operations; but this limitation is
25    not a restriction upon appropriating for those  purposes  any
26    Road Fund monies that are eligible for federal reimbursement:
27    Department  of Central Management Services, except for awards
28    made by the Industrial Commission  under  the  terms  of  the
29    Workers'  Compensation  Act or Workers' Occupational Diseases
30    Act for injury or death of an employee  of  the  Division  of
31    Highways in the Department of Transportation.
32        Beginning  with  fiscal year 1984 and thereafter, no Road
33    Fund  monies  shall  be   appropriated   to   the   following
34    Departments    or    agencies   of   State   government   for
 
SB1838 Engrossed            -11-               LRB9215785JMmg
 1    administration, grants, or operations; but this limitation is
 2    not a restriction upon appropriating for those  purposes  any
 3    Road Fund monies that are eligible for federal reimbursement:
 4             1.  Department of State Police, except not more than
 5        40%   of  the  funds  appropriated  for  its  operational
 6        functions the Division of Operations;
 7             2.  State Officers.
 8        Beginning with fiscal year 1984 and thereafter,  no  Road
 9    Fund monies shall be appropriated to any Department or agency
10    of State government for administration, grants, or operations
11    except  as  provided  hereafter; but this limitation is not a
12    restriction upon appropriating for those  purposes  any  Road
13    Fund  monies that are eligible for federal reimbursement.  It
14    shall not be lawful to  circumvent  the  above  appropriation
15    limitations  by governmental reorganization or other methods.
16    Appropriations shall be made  from  the  Road  Fund  only  in
17    accordance with the provisions of this Section.
18        Money  in  the  Road Fund shall, if and when the State of
19    Illinois incurs any bonded indebtedness for the  construction
20    of  permanent highways, be set aside and used for the purpose
21    of paying   and  discharging  during  each  fiscal  year  the
22    principal  and  interest  on  that  bonded indebtedness as it
23    becomes due and payable as  provided  in  the  Transportation
24    Bond  Act, and for no other purpose.  The surplus, if any, in
25    the Road Fund after the payment of principal and interest  on
26    that  bonded  indebtedness then annually due shall be used as
27    follows:
28             first --  to  pay  the  cost  of  administration  of
29        Chapters 2 through 10 of the Illinois Vehicle Code; and
30             secondly  --  no Road Fund monies derived from fees,
31        excises,  or  license  taxes  relating  to  registration,
32        operation and use of vehicles on public  highways  or  to
33        fuels used for the propulsion of those vehicles, shall be
34        appropriated   or   expended  other  than  for  costs  of
 
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 1        administering the laws imposing those fees, excises,  and
 2        license  taxes, statutory refunds and adjustments allowed
 3        thereunder, administrative costs  of  the  Department  of
 4        Transportation, payment of debts and liabilities incurred
 5        in construction and reconstruction of public highways and
 6        bridges, acquisition of rights-of-way for and the cost of
 7        construction,  reconstruction,  maintenance,  repair, and
 8        operation  of  public  highways  and  bridges  under  the
 9        direction  and  supervision  of  the   State,   political
10        subdivision, or municipality collecting those monies, and
11        the costs for patrolling and policing the public highways
12        (by   State,   political   subdivision,  or  municipality
13        collecting that money) for enforcement of  traffic  laws.
14        The  separation of grades of such highways with railroads
15        and costs associated with protection of at-grade  highway
16        and railroad crossing shall also be permissible.
17        Appropriations  for any of such purposes are payable from
18    the Road Fund  or  the  Grade  Crossing  Protection  Fund  as
19    provided in Section 8 of the Motor Fuel Tax Law.
20        Beginning  with  fiscal year 1991 and thereafter, no Road
21    Fund monies shall be appropriated to the Department of  State
22    Police  for  the  purposes  of  this Section in excess of its
23    total fiscal year 1990 Road  Fund  appropriations  for  those
24    purposes unless otherwise provided in Section 5g of this Act.
25    It  shall  not  be  lawful  to  circumvent this limitation on
26    appropriations  by  governmental  reorganization   or   other
27    methods unless otherwise provided in Section 5g of this Act.
28        In  fiscal  year  1994,  no  Road  Fund  monies  shall be
29    appropriated to the Secretary of State for  the  purposes  of
30    this  Section  in  excess  of the total fiscal year 1991 Road
31    Fund appropriations to  the  Secretary  of  State  for  those
32    purposes,  plus  $9,800,000.   It  shall  not  be  lawful  to
33    circumvent  this limitation on appropriations by governmental
34    reorganization or other method.
 
SB1838 Engrossed            -13-               LRB9215785JMmg
 1        Beginning with fiscal year 1995 and thereafter,  no  Road
 2    Fund  monies  shall be appropriated to the Secretary of State
 3    for the purposes of this  Section  in  excess  of  the  total
 4    fiscal year 1994 Road Fund appropriations to the Secretary of
 5    State   for  those  purposes.  It  shall  not  be  lawful  to
 6    circumvent this limitation on appropriations by  governmental
 7    reorganization or other methods.
 8        Beginning   with   fiscal  year  2000,  total  Road  Fund
 9    appropriations to the Secretary of State for the purposes  of
10    this  Section  shall not exceed the amounts specified for the
11    following fiscal years:
12             Fiscal Year 2000           $80,500,000;
13             Fiscal Year 2001           $80,500,000;
14             Fiscal Year 2002           $80,500,000;
15             Fiscal Year 2003           $80,500,000;
16             Fiscal Year 2004 and
17               each year thereafter     $30,500,000.
18        It shall not be lawful to circumvent this  limitation  on
19    appropriations   by   governmental  reorganization  or  other
20    methods.
21        No new program may be initiated in fiscal year  1991  and
22    thereafter  that  is  not  consistent  with  the  limitations
23    imposed  by this Section for fiscal year 1984 and thereafter,
24    insofar as appropriation of Road Fund monies is concerned.
25        Nothing in this Section prohibits transfers from the Road
26    Fund to the State Construction Account Fund under Section  5e
27    of this Act.
28    (Source: P.A. 91-37, eff. 7-1-99; 91-760, eff. 1-1-01.)

29        Section  20.   The  Code of Criminal Procedure of 1963 is
30    amended by changing Section 115-15 as follows:

31        (725 ILCS 5/115-15)
32        Sec. 115-15.  Laboratory reports.
 
SB1838 Engrossed            -14-               LRB9215785JMmg
 1        (a)  In any  criminal  prosecution  for  a  violation  of
 2    either  the  Cannabis  Control Act or the Illinois Controlled
 3    Substances Act, a laboratory report from  the  Department  of
 4    State  Police,  Division of Forensic Services, that is signed
 5    and sworn to by the person performing an  analysis  and  that
 6    states  (1)  that  the  substance  that  is  the basis of the
 7    alleged violation has been weighed and analyzed, and (2)  the
 8    person's  findings as to the contents, weight and identity of
 9    the substance, and (3) that  it  contains  any  amount  of  a
10    controlled  substance  or cannabis is prima facie evidence of
11    the contents, identity and weight of the substance.  Attached
12    to the report shall be a copy of a notarized statement by the
13    signer of the report  giving  the  name  of  the  signer  and
14    stating  (i)  that he or she is an employee of the Department
15    of State Police, Division of Forensic Services, (ii) the name
16    and  location  of  the  laboratory  where  the  analysis  was
17    performed, (iii) that performing the analysis is  a  part  of
18    his  or  her  regular  duties,  and  (iv)  that the signer is
19    qualified by education, training and  experience  to  perform
20    the   analysis.    The   signer   shall   also   allege  that
21    scientifically accepted tests were performed with due caution
22    and  that  the  evidence  was  handled  in  accordance   with
23    established  and  accepted procedures while in the custody of
24    the laboratory.
25        (a-5)  In any criminal prosecution for reckless  homicide
26    under  Section  9-3  of  the Criminal Code of 1961 or driving
27    under the influence of alcohol, other drug, or combination of
28    both, in violation of Section 11-501 of the Illinois  Vehicle
29    Code  or  in  any civil action held under a statutory summary
30    suspension hearing  under Section  2-118.1  of  the  Illinois
31    Vehicle  Code,  a  laboratory  report  from the Department of
32    State Police, Division of Forensic Services, that  is  signed
33    and  sworn  to by the person performing an analysis, and that
34    states that the sample of  blood  or  urine  was  tested  for
 
SB1838 Engrossed            -15-               LRB9215785JMmg
 1    alcohol  or  drugs,  and contains the person's findings as to
 2    the presence and amount of alcohol or drugs and type of  drug
 3    is  prima facie evidence of the presence, content, and amount
 4    of the alcohol or drugs  analyzed  in  the  blood  or  urine.
 5    Attached  to  the  report  must  be  a  copy  of  a notarized
 6    statement by the signer of the report giving the name of  the
 7    signer  and  stating (1) that he or she is an employee of the
 8    Department of State Police, Division  of  Forensic  Services,
 9    (2)  the  name  and  location  of  the  laboratory  where the
10    analysis was performed, (3) that performing the analysis is a
11    part of his or her regular duties, (4)  that  the  signer  is
12    qualified  by  education, training, and experience to perform
13    the analysis, and (5) that scientifically accepted tests were
14    performed with due caution and that the evidence was  handled
15    in  accordance with established and accepted procedures while
16    in the custody of the laboratory.
17        (b)  The State's Attorney  shall  serve  a  copy  of  the
18    report  on  the attorney of record for the accused, or on the
19    accused if he or she has no attorney, before  any  proceeding
20    in  which  the report is to be used against the accused other
21    than at a preliminary hearing or grand jury hearing when  the
22    report may be used without having been previously served upon
23    the accused.
24        (c)  The  report shall not be prima facie evidence if the
25    accused or his or her attorney demands the testimony  of  the
26    person  signing  the  report  by  serving the demand upon the
27    State's Attorney within 7 days from the accused or his or her
28    attorney's receipt of the report.
29    (Source: P.A. 90-130, eff. 1-1-98; 91-563, eff. 1-1-00.)

30        Section 25.  The Unified Code of Corrections  is  amended
31    by changing Section 5-4-3 as follows:

32        (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
 
SB1838 Engrossed            -16-               LRB9215785JMmg
 1        Sec.  5-4-3.  Persons  convicted  of, or found delinquent
 2    for, qualifying offenses  or  institutionalized  as  sexually
 3    dangerous; blood specimens; genetic marker groups.
 4        (a)  Any  person  convicted  of,  found  guilty under the
 5    Juvenile Court Act of 1987 for, or who received a disposition
 6    of court supervision for, a qualifying offense or attempt  of
 7    a  qualifying  offense,  or  institutionalized  as a sexually
 8    dangerous person under the Sexually Dangerous Persons Act, or
 9    committed as a sexually violent  person  under  the  Sexually
10    Violent  Persons  Commitment  Act  shall,  regardless  of the
11    sentence  or  disposition  imposed,  be  required  to  submit
12    specimens of blood to the Illinois Department of State Police
13    in accordance with the provisions of this  Section,  provided
14    such person is:
15             (1)  convicted of a qualifying offense or attempt of
16        a  qualifying  offense  on or after the effective date of
17        this amendatory Act of 1989, and sentenced to a  term  of
18        imprisonment,  periodic  imprisonment,  fine,  probation,
19        conditional  discharge  or any other form of sentence, or
20        given a disposition of court supervision for the offense,
21        or
22             (1.5)  found guilty or given supervision  under  the
23        Juvenile  Court  Act  of 1987 for a qualifying offense or
24        attempt of a qualifying offense on or after the effective
25        date of this amendatory Act of 1996, or
26             (2)  ordered   institutionalized   as   a   sexually
27        dangerous person on or after the effective date  of  this
28        amendatory Act of 1989, or
29             (3)  convicted of a qualifying offense or attempt of
30        a  qualifying  offense  before the effective date of this
31        amendatory Act of 1989 and is  presently  confined  as  a
32        result  of  such  conviction  in  any  State correctional
33        facility  or  county  jail  or  is  presently  serving  a
34        sentence of probation, conditional discharge or  periodic
 
SB1838 Engrossed            -17-               LRB9215785JMmg
 1        imprisonment as a result of such conviction, or
 2             (4)  presently   institutionalized   as  a  sexually
 3        dangerous person  or  presently  institutionalized  as  a
 4        person  found guilty but mentally ill of a sexual offense
 5        or attempt to commit a sexual offense; or
 6             (4.5)  ordered  committed  as  a  sexually   violent
 7        person  on  or  after  the effective date of the Sexually
 8        Violent Persons Commitment Act; or
 9             (5)  seeking transfer to or  residency  in  Illinois
10        under  Sections  3-3-11  through  3-3-11.5 of the Unified
11        Code  of  Corrections   (Interstate   Compact   for   the
12        Supervision   of   Parolees   and  Probationers)  or  the
13        Interstate Agreements on Sexually Dangerous Persons Act.
14        (a-5)  Any person  who  was  otherwise  convicted  of  or
15    received  a  disposition  of  court supervision for any other
16    offense under the  Criminal  Code  of  1961  or  any  offense
17    classified  as  a  felony under Illinois law or who was found
18    guilty or given supervision for such a  violation  under  the
19    Juvenile  Court  Act of 1987, may, regardless of the sentence
20    imposed, be required by an  order  of  the  court  to  submit
21    specimens of blood to the Illinois Department of State Police
22    in accordance with the provisions of this Section.
23        (b)  Any  person required by paragraphs (a)(1), (a)(1.5),
24    (a)(2), and (a-5) to provide specimens of blood shall provide
25    specimens  of  blood  within  45  days  after  sentencing  or
26    disposition at a collection site designated by  the  Illinois
27    Department of State Police.
28        (c)  Any  person  required  by paragraphs (a)(3), (a)(4),
29    and (a)(4.5) to provide specimens of blood shall be  required
30    to  provide such samples prior to final discharge, parole, or
31    release at a  collection  site  designated  by  the  Illinois
32    Department of State Police.
33        (c-5)  Any person required by paragraph (a)(5) to provide
34    specimens  of  blood  shall,  where  feasible, be required to
 
SB1838 Engrossed            -18-               LRB9215785JMmg
 1    provide the specimens before being accepted  for  conditioned
 2    residency   in  Illinois  under  the  interstate  compact  or
 3    agreement, but no later than 45 days after  arrival  in  this
 4    State.
 5        (d)  The   Illinois  Department  of  State  Police  shall
 6    provide all equipment  and  instructions  necessary  for  the
 7    collection of blood samples.  The collection of samples shall
 8    be   performed  in  a  medically  approved  manner.   Only  a
 9    physician authorized to practice medicine, a registered nurse
10    or  other  qualified  person  trained  in  venipuncture   may
11    withdraw  blood  for  the  purposes of this Act.  The samples
12    shall thereafter be forwarded to the Illinois  Department  of
13    State Police, Division of Forensic Services, for analysis and
14    categorizing into genetic marker groupings.
15        (e)  The  genetic marker groupings shall be maintained by
16    the Illinois Department of State Police, Division of Forensic
17    Services.
18        (f)  The genetic  marker  grouping  analysis  information
19    obtained pursuant to this Act shall be confidential and shall
20    be  released  only to peace officers of the United States, of
21    other states or territories, of the  insular  possessions  of
22    the  United  States,  of foreign countries duly authorized to
23    receive the same, to all  peace  officers  of  the  State  of
24    Illinois  and to all prosecutorial agencies.  Notwithstanding
25    any  other  statutory  provision   to   the   contrary,   all
26    information  obtained  under this Section shall be maintained
27    in a single State data base, which may  be  uploaded  into  a
28    national database, and may not be subject to expungement.
29        (g)  For   the  purposes  of  this  Section,  "qualifying
30    offense" means any of the following:
31             (1)  Any violation or inchoate violation of  Section
32        11-6,  11-9.1, 11-11, 11-15.1, 11-17.1, 11-18.1, 11-19.1,
33        11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, or
34        12-33 of the Criminal Code of 1961, or
 
SB1838 Engrossed            -19-               LRB9215785JMmg
 1             (1.1)  Any  violation  or  inchoate   violation   of
 2        Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
 3        18-3,  18-4,  19-1,  or 19-2 of the Criminal Code of 1961
 4        for which persons are convicted on or after July 1, 2001,
 5        or
 6             (2)  Any former statute of this State which  defined
 7        a felony sexual offense, or
 8             (3)  Any  violation  of paragraph (10) of subsection
 9        (b) of Section 10-5 of the Criminal Code of 1961 when the
10        sentencing court, upon a motion by the  State's  Attorney
11        or  Attorney  General,  makes  a  finding  that the child
12        luring involved an intent to commit sexual penetration or
13        sexual  conduct  as  defined  in  Section  12-12  of  the
14        Criminal Code of 1961, or
15             (4)  Any violation or inchoate violation of  Section
16        9-3.1,  11-9.3,  12-3.3,  12-4.2, 12-4.3, 12-7.3, 12-7.4,
17        18-5, 19-3, 20-1.1, or 20.5-5 of  the  Criminal  Code  of
18        1961.
19        (g-5)  The  Department of State Police is not required to
20    provide equipment to collect or to accept  or  process  blood
21    specimens from individuals convicted of any offense listed in
22    paragraph  (1.1)  or (4) of subsection (g), until acquisition
23    of the resources necessary to process such  blood  specimens,
24    or  in  the  case  of paragraph (1.1) of subsection (g) until
25    July 1, 2003, whichever is earlier.
26        Upon acquisition of  necessary  resources,  including  an
27    appropriation for the purpose of implementing this amendatory
28    Act  of  the  91st  General  Assembly,  but  in  the  case of
29    paragraph (1.1) of subsection (g) no later than July 1, 2003,
30    the Department of State Police shall notify the Department of
31    Corrections,  the  Administrative  Office  of  the   Illinois
32    Courts,  and  any  other  entity  deemed  appropriate  by the
33    Department  of  State  Police,  to   begin   blood   specimen
34    collection  from individuals convicted of offenses enumerated
 
SB1838 Engrossed            -20-               LRB9215785JMmg
 1    in paragraphs (1.1)  and  (4)  of  subsection  (g)  that  the
 2    Department  is  prepared  to provide collection equipment and
 3    receive  and  process  blood   specimens   from   individuals
 4    convicted  of  offenses  enumerated  in  paragraph  (1.1)  of
 5    subsection (g).
 6        Until   the   Department   of   State   Police   provides
 7    notification, designated collection agencies are not required
 8    to  collect  blood  specimen  from  individuals  convicted of
 9    offenses enumerated in paragraphs (1.1) and (4) of subsection
10    (g).
11        (h)  The Illinois Department of State Police shall be the
12    State central repository  for  all  genetic  marker  grouping
13    analysis  information  obtained  pursuant  to  this Act.  The
14    Illinois Department of State Police may promulgate rules  for
15    the  form  and  manner of the collection of blood samples and
16    other  procedures  for  the  operation  of  this  Act.    The
17    provisions  of  the  Administrative Review Law shall apply to
18    all actions taken under the rules so promulgated.
19        (i)  A person required to provide a blood specimen  shall
20    cooperate  with  the  collection  of  the  specimen  and  any
21    deliberate  act  by  that person intended to impede, delay or
22    stop the collection of  the  blood  specimen  is  a  Class  A
23    misdemeanor.
24        (j)  Any  person  required  by  subsection  (a) to submit
25    specimens of blood to the Illinois Department of State Police
26    for analysis and categorization into genetic marker grouping,
27    in addition  to  any  other  disposition,  penalty,  or  fine
28    imposed,  shall  pay  an analysis fee of $500.  Upon verified
29    petition of the person, the court may suspend payment of  all
30    or  part of the fee if it finds that the person does not have
31    the ability to pay the fee.
32        (k)  All analysis and categorization fees provided for by
33    subsection (j) shall be regulated as follows:
34             (1)  The State Offender  DNA  Identification  System
 
SB1838 Engrossed            -21-               LRB9215785JMmg
 1        Fund  is  hereby  created  as a special fund in the State
 2        Treasury.
 3             (2)  All fees shall be collected by the clerk of the
 4        court  and  forwarded   to   the   State   Offender   DNA
 5        Identification System Fund for deposit.  The clerk of the
 6        circuit  court  may  retain  the  amount of $10 from each
 7        collected analysis fee  to  offset  administrative  costs
 8        incurred  in  carrying  out  the clerk's responsibilities
 9        under this Section.
10             (3)  Fees deposited  into  the  State  Offender  DNA
11        Identification  System  Fund  shall  be  used by Illinois
12        State Police crime  laboratories  as  designated  by  the
13        Director  of  State  Police.   These  funds  shall  be in
14        addition to any allocations  made  pursuant  to  existing
15        laws  and  shall  be  designated for the exclusive use of
16        State crime laboratories.  These uses  may  include,  but
17        are not limited to, the following:
18                  (A)  Costs  incurred  in providing analysis and
19             genetic  marker  categorization   as   required   by
20             subsection (d).
21                  (B)  Costs   incurred  in  maintaining  genetic
22             marker groupings as required by subsection (e).
23                  (C)  Costs  incurred  in   the   purchase   and
24             maintenance  of  equipment  for  use  in  performing
25             analyses.
26                  (D)  Costs  incurred in continuing research and
27             development  of  new  techniques  for  analysis  and
28             genetic marker categorization.
29                  (E)  Costs incurred  in  continuing  education,
30             training,  and  professional development of forensic
31             scientists regularly employed by these laboratories.
32        (l)  The failure of a person to provide a specimen, or of
33    any person or agency to collect a specimen, within the 45 day
34    period shall in no way alter the obligation of the person  to
 
SB1838 Engrossed            -22-               LRB9215785JMmg
 1    submit  such  specimen,  or  the  authority  of  the Illinois
 2    Department of State  Police  or  persons  designated  by  the
 3    Department  to  collect the specimen, or the authority of the
 4    Illinois Department of State Police to  accept,  analyze  and
 5    maintain  the  specimen  or  to maintain or upload results of
 6    genetic marker grouping analysis information into a State  or
 7    national database.
 8    (Source: P.A.  91-528,  eff.  1-1-00;  92-16,  eff.  6-28-01;
 9    92-40, eff. 6-29-01.)

10        Section  30.  The Whistleblower Reward and Protection Act
11    is amended by changing Section 2 as follows:

12        (740 ILCS 175/2) (from Ch. 127, par. 4102)
13        Sec. 2.  Definitions.  As used in this Act:
14        (a)  "State" means the State of Illinois; any  agency  of
15    State government; and any of the following entities which may
16    elect  to  adopt  the  provisions of this Act by ordinance or
17    resolution, a copy of which shall be filed with the  Attorney
18    General  within 30 days of its adoption:  the system of State
19    colleges and universities, any school  district,  any  public
20    community   college  district,  any  municipality,  municipal
21    corporations, units of local government, and any  combination
22    of  the  above  under  an  intergovernmental  agreement  that
23    includes  provisions  for  a  governing  body  of  the agency
24    created by the agreement.
25        (b)  "Guard" means the Illinois National Guard.
26        (c)  "Investigation" means any inquiry conducted  by  any
27    investigator  for  the  purpose  of  ascertaining whether any
28    person is or has been engaged in any violation of this Act.
29        (d)  "Investigator" means a person who is charged by  the
30    Department  of  State  Police with the duty of conducting any
31    investigation under this Act, or any officer or  employee  of
32    the  State  acting under the direction and supervision of the
 
SB1838 Engrossed            -23-               LRB9215785JMmg
 1    Department  of  State  Police,  through   the   Division   of
 2    Operations  or the Division of Internal Investigation, in the
 3    course of an investigation.
 4        (e)  "Documentary material" includes the original or  any
 5    copy   of   any  book,  record,  report,  memorandum,  paper,
 6    communication, tabulation, chart, or other document, or  data
 7    compilations  stored  in  or  accessible  through computer or
 8    other   information   retrieval   systems,   together    with
 9    instructions  and  all  other  materials  necessary to use or
10    interpret  such  data  compilations,  and  any   product   of
11    discovery.
12        (f)  "Custodian"  means  the  custodian,  or  any  deputy
13    custodian,   designated   by   the   Attorney  General  under
14    subsection (i)(1) of Section 6.
15        (g)  "Product of discovery" includes:
16             (1)  the original or duplicate  of  any  deposition,
17        interrogatory,  document, thing, result of the inspection
18        of land or other  property,  examination,  or  admission,
19        which  is  obtained  by  any  method  of discovery in any
20        judicial or administrative proceeding of  an  adversarial
21        nature;
22             (2)  any  digest,  analysis, selection, compilation,
23        or derivation of any item listed in paragraph (1); and
24             (3)  any index or other manner of access to any item
25        listed in paragraph (1).
26    (Source: P.A. 91-760, eff. 1-1-01.)
 
SB1838 Engrossed            -24-               LRB9215785JMmg
 1                                INDEX
 2               Statutes amended in order of appearance
 3    20 ILCS 2605/2605-25      was 20 ILCS 2605/55a-1
 4    20 ILCS 2605/2605-30      was 20 ILCS 2605/55a-2
 5    20 ILCS 2605/2605-35      was 20 ILCS 2605/55a-3
 6    20 ILCS 2605/2605-40      was 20 ILCS 2605/55a-4
 7    20 ILCS 2605/2605-45      was 20 ILCS 2605/55a-5
 8    20 ILCS 2605/2605-50      was 20 ILCS 2605/55a-6
 9    20 ILCS 2605/2605-220     was 20 ILCS 2605/55a-7
10    20 ILCS 2605/2605-250     was 20 ILCS 2605/55a in part
11    20 ILCS 2610/8            from Ch. 121, par. 307.8
12    30 ILCS 105/8.3           from Ch. 127, par. 144.3
13    725 ILCS 5/115-15
14    730 ILCS 5/5-4-3          from Ch. 38, par. 1005-4-3
15    740 ILCS 175/2            from Ch. 127, par. 4102

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