SB3067 99TH GENERAL ASSEMBLY

LRB099 18386 SLF 42761 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3067

Introduced 2/19/2016, by Sen. Don Harmon

SYNOPSIS AS INTRODUCED:

New Act

Creates the Law Enforcement Information Task Force Act. Provides that the Law Enforcement Information Technology Task Force shall analyze both the criminal discovery process and the process of information sharing between law enforcement agencies to strategize for the possible creation of a standardized statewide case records management system or other standardized information sharing technology system to provide for a more efficient criminal discovery process. The Task Force shall issue a final report to the Governor and General Assembly on or before January 10, 2017. Provides that the Act is repealed on January 11, 2017. Effective immediately.

A BILL FOR

AN ACT concerning the Law Enforcement Information Task Force Act.

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

Section 1. Short title. This Act may be cited as the Law Enforcement Information Technology Task Force Act.

Section 5. Purpose.

(a) There shall be created a Law Enforcement Information Technology Task Force to study and make recommendations regarding criminal discovery and law enforcement information sharing.

Section 10. Members.

(a) The Task Force shall consist of the following members:

(1) the Director of the Administrative Office of the Illinois Courts or his or her designee;

(2) the Attorney General or his designee;

(3) the Director of State Police or his or her designee;

(4) a State's Attorney from a county with more than 3 million residents, or his or her designee;

(5) a public defender from a county with more than 3 million residents, or his or her designee;

(6) a representative of the Office of the Illinois State's Attorneys Appellate Prosecutor;

(7) a representative of the office of the Illinois Appellate Defender,

(8) a representative of the Illinois States Attorneys Association, appointed by the Governor;

(9) a representative of the Illinois Public Defenders Association, appointed by the Governor;

(10) a representative from the Illinois Judges Association, appointed by the Speaker of the House;

(11) a representative from the Illinois State Bar Association, appointed by the House Minority Leader;

(12) a representative of the Chicago Bar Association, appointed by the Senate President;

(13) a representative from the Illinois Sheriffs' Association appointed by the Senate Minority Leader;

(14) a representative from the Illinois Association of Chiefs of Police, appointed by the Governor;

(15) the Chief of Police from a municipality with more than 1,000,000 residents or his or her designee; and

(16) the sheriff from a county with more than 3,000,000 residents or his or her designee.

(b) The Director of the Illinois Criminal Justice Information Authority, or his or her designee, shall serve as a technology and policy advisor to assist the Task Force.

(c) The members of the Task Force shall elect a chair of the discovery Task Force. The chair of the discovery Task Force shall convene the first meeting of the Task Force on or before June 30, 2016. The Task Force shall meet at least twice a month thereafter until it completes its duties under this Act, or until November 30, 2016, whichever is earlier.

Section 15. Duties of the Task Force.

(a) The Task Force may consult with experts to provide assistance as necessary.

(b) The Task Force shall:

(1) analyze the criminal discovery process in this State to determine the actual costs, including, but not limited to labor, materials, time, and other tangible costs of the current criminal discovery process to determine how technology can improve the process for all participants;

(2) analyze the process for information sharing, including, but not limited to, an analysis of record management systems, computer aided dispatch systems, and other technology used to process information between law enforcement agencies in this State to determine the actual costs of the current process;

(3) analyze the current information sharing process between law enforcement agencies to determine how technology can improve the process for all participants;

(4) determine which prosecutors' offices obtain all law enforcement discoverable evidence in an electronic format, which prosecutors' offices will soon be able to obtain all law enforcement discoverable evidence in an electronic format, and which prosecutors' offices will not have that ability at any point in the future without assistance;

(5) determine the barriers for those prosecutors' offices that will not be able to obtain law enforcement discoverable evidence in an electronic format without assistance;

(6) determine which law enforcement agencies obtain and utilize data entirely, or partially, in an electronic format, which law enforcement agencies will soon be able to obtain and utilize data entirely in an electronic format, and which law enforcement agencies will not be able to obtain and utilize data entirely in an electronic format at any point in the future without assistance;

(7) study how a single statewide criminal information sharing system or other technology may improve electronic discovery or electronic redaction;

(8) study how a statewide standardized law enforcement reporting form that can be easily redacted may improve the criminal discovery process;

(9) study the short-term needs for law enforcement and states attorneys to facilitate greater use of electronic discovery and information sharing;

(10) study whether a single standardized statewide case records management system or other law enforcement technology would provide better and additional access to information for law enforcement;

(11) determine whether a single standardized statewide case records management system or other electronic discovery technology would provide for a better and more efficient criminal discovery process and offer any cost savings;

(12) determine whether a single standardized statewide case record management system or other information sharing technology would provide for a better and more efficient law enforcement information sharing process and offer any cost savings;

(13) suggest an alternative funding process to the State's current method to pay for criminal discovery costs;

(14) suggest an alternative funding process to the State's current method to pay for law enforcement information sharing costs;

(15) determine which executive, judicial branch agency or quasi-governmental organization is best suited to serve as a conduit and coordinator for a statewide criminal electronic discovery system; and

(16) determine which executive agency, judicial branch agency or quasi-governmental organization is best suited to serve as a conduit and coordinator for a statewide criminal information sharing system.

Section 20. Preliminary and final report.

(a) The Task Force shall provide a preliminary report to the Governor and General Assembly on or before November 15, 2016, if the final report is not completed by then.

(b) The task force shall issue a final report to the Governor and General Assembly on or before January 10, 2017. The report shall include recommendations for legislation, use of technology, and other non-legislative processes that would improve the criminal discovery process and law enforcement information sharing.

Section 25. Repeal. This Act is repealed on January 11, 2017.

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