HB3380 102ND GENERAL ASSEMBLY

LRB102 13554 KMF 18901 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3380

Introduced 2/22/2021, by Rep. Deanne M. Mazzochi

SYNOPSIS AS INTRODUCED:

20 ILCS 2605/2605-40

was 20 ILCS 2605/55a-4

Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the amendatory Act shall constitute an irrevocable continuing appropriation of all amounts necessary for the implementation the Department of State Police's Division of Forensic Services and the irrevocable and continuing authority for the Department and the State Treasurer to make the necessary transfers for that purpose. Provides that the amendatory Act may be referred to as the PROTECT (Process Rape Or Trauma Evidence Completely and Timely) Act. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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

Section 1. References to Act; purpose. This Act may be referred to as the PROTECT (Process Rape Or Trauma Evidence Completely and Timely) Act, as the purpose of this Act is to ensure funding to process rape or trauma evidence completely and timely for use in criminal matters.

Section 5. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by changing Section 2605-40 as follows:

(20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)

Sec. 2605-40. Division of Forensic Services. The Division of Forensic Services shall exercise the following functions:

(1) (Blank).

(2) Exercise the rights, powers, and duties vested by law in the Department by Section 2605-300 of this Law.

(3) Provide assistance to local law enforcement agencies through training, management, and consultant services.

(4) (Blank).

(5) Exercise other duties that may be assigned by the Director in order to fulfill the responsibilities and achieve the purposes of the Department.

(6) Establish and operate a forensic science laboratory system, including a forensic toxicological laboratory service, for the purpose of testing specimens submitted by coroners and other law enforcement officers in their efforts to determine whether alcohol, drugs, or poisonous or other toxic substances have been involved in deaths, accidents, or illness. Forensic toxicological laboratories shall be established in Springfield, Chicago, and elsewhere in the State as needed.

(6.5) Establish administrative rules in order to set forth standardized requirements for the disclosure of toxicology results and other relevant documents related to a toxicological analysis. These administrative rules are to be adopted to produce uniform and sufficient information to allow a proper, well-informed determination of the admissibility of toxicology evidence and to ensure that this evidence is presented competently. These administrative rules are designed to provide a minimum standard for compliance of toxicology evidence and is not intended to limit the production and discovery of material information. These administrative rules shall be submitted by the Department of State Police into the rulemaking process under the Illinois Administrative Procedure Act on or before June 30, 2017.

(7) Subject to specific appropriations made for these purposes, establish and coordinate a system for providing accurate and expedited forensic science and other investigative and laboratory services to local law enforcement agencies and local State's Attorneys in aid of the investigation and trial of capital cases.

(8) This amendatory Act of the 102nd General Assembly shall constitute an irrevocable continuing appropriation of all amounts necessary for the implementation of the provisions of this Section and the irrevocable and continuing authority for the Department and the State Treasurer to make the necessary transfers for that purpose.

(Source: P.A. 101-378, eff. 1-1-20.)

Section 99. Effective date. This Act takes effect upon becoming law.