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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5241
Introduced 1/24/2006, by Rep. Jim Durkin SYNOPSIS AS INTRODUCED: |
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20 ILCS 2605/2605-40 |
was 20 ILCS 2605/55a-4 |
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Amends the Department of State Police Law of the
Civil Administrative Code of Illinois. Provides that State Police crime laboratories must establish and carry out procedures to ensure, upon request by prosecution or defense counsel, complete disclosure in legal proceedings. Provides that disclosure shall include, but is not limited to, all reports, notes, and conversation logs, quality assurance and quality control (QA/QC) documentation, protocol and procedure manuals, command directives and other statements of procedure and policy relating to forensic testing, validation studies, documentation relating to corrective actions and remedial actions, incidents, incident logs, errors, and incidents of contamination, proficiency tests, and results. Sets forth that this disclosure obligation also applies to any subcontractors used by the forensic laboratory to undertake forensic examinations. Provides that forensic laboratories within the Division on Forensic Services shall report to the Illinois Laboratory Advisory Committee: (i) allegations made known to the Illinois State Police against a forensic laboratory or its staff of misrepresentation of data, credentials, test results, testimony, or any deception or misrepresentation in obtaining forensic laboratory accreditation; (ii) results from any and all investigations regarding these allegations or incidents with supporting documentation; (iii) instances of errors in the performance of forensic laboratory examination procedures or incidents of contamination; and (iv) incidents where full and complete disclosure is not made to counsel or interviews are not provided to counsel. Requires State Police crime laboratories to respond to all inquiries from the Illinois Laboratory Advisory Committee. Sets forth that no private or public laboratory shall be granted a subcontract to conduct forensic testing of evidence unless that laboratory has acquired I.S.O accreditation.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5241 |
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LRB094 16749 RSP 52020 b |
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| AN ACT concerning State government.
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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 Department of State Police Law of the
Civil |
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| Administrative Code of Illinois is amended by changing Section |
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| 2605-40 as follows:
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| (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
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| Sec. 2605-40. Division of Forensic Services. (a) The |
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| Division of
Forensic Services shall exercise the following |
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| functions:
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| (1) Exercise the rights, powers, and duties vested by
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| law in the Department by the Criminal Identification Act.
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| (2) Exercise the rights, powers, and duties vested by
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| law in the Department by Section 2605-300 of this Law.
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| (3) Provide assistance to local law enforcement |
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| agencies
through training, management, and consultant |
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| services.
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| (4) (Blank).
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| (5) Exercise other duties that may be assigned by the |
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| Director in
order to fulfill the responsibilities and |
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| achieve the purposes of the
Department.
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| (6) Establish and operate a forensic science |
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| laboratory system,
including a forensic toxicological |
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| laboratory service, for the purpose of
testing specimens |
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| submitted by coroners and other law enforcement officers
in |
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| their efforts to determine whether alcohol, drugs, or |
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| poisonous or other
toxic substances have been involved in |
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| deaths, accidents, or illness.
Forensic toxicological |
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| laboratories shall be established in Springfield,
Chicago, |
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| and elsewhere in the State as needed.
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| (7) Subject to specific appropriations made for these |
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| purposes, establish
and coordinate a system for providing |