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