102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0666

 

Introduced 2/24/2021, by Sen. Patricia Van Pelt

 

SYNOPSIS AS INTRODUCED:
 
New Act
20 ILCS 2605/2605-615 new
725 ILCS 5/111-9 new

    Creates the Forensic Laboratory Impact Note Act. Creates the Forensic Laboratory Impact Note. Provides that every bill, the purpose or effect of which is to increase or decrease the number of crime laboratories, increase or decrease the cost of operating crime laboratories, or alter any process involving or used by crime laboratories, either directly or indirectly, shall have prepared for it prior to second reading in the house of introduction a brief explanatory statement of the estimated total annual cost of such changes to the State and units of local government affected by those changes (if any). Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Creates the Illinois Forensic Science Commission. Provides that the Commission shall provide guidance to ensure the efficient delivery of forensic services and the sound practice of forensic science. Provides for the membership, meetings, duties, and reporting of the Commission. Amends the Illinois Procurement Code. Provides for the appointment of a chief procurement officer for publicly-funded forensic laboratories. Amends the Code of Criminal Procedure of 1963. Provides that upon disposition, withdrawal, or dismissal of any charge, the State's Attorney shall promptly notify the forensic laboratory or laboratories in possession of evidence, reports, or other materials or information related to that charge. Provides that a forensic scientist who is employed by or is contracted with the Division of Forensic Services of the Illinois State Police may complete a deposition by video conference or other electronic means. Effective immediately.


LRB102 17193 JWD 22647 b

 

 

A BILL FOR

 

SB0666LRB102 17193 JWD 22647 b

1    AN ACT concerning forensic science.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Forensic Laboratory Impact Note Act. References in this
6Article to "this Act" mean this Article.
 
7    Section 5. Scope. Every bill, the purpose or effect of
8which will: increase or decrease the number of crime
9laboratories; increase or decrease the cost of operating crime
10laboratories; impact on efficiencies and case loads as well as
11provide other facts, data, research, and science relevant to
12the legislative matter; or result in alteration in any process
13involving or used by crime laboratories; either directly or
14indirectly, shall have prepared for it prior to second reading
15in the house of introduction a brief explanatory statement of
16the estimated total annual cost of such changes to the State
17and units of local government affected by those changes (if
18any). These statements shall be known as "Forensic Laboratory
19Impact Notes".
 
20    Section 10. Procedure. The sponsor of each bill referred
21to in Section 5 shall present a copy of the bill, with his or
22her requirements for a Note, to the Commission. The Note shall

 

 

SB0666- 2 -LRB102 17193 JWD 22647 b

1be prepared by the Illinois Forensic Science Commission and
2furnished to the sponsor of the bill within 5 calendar days
3thereafter; except that whenever, because of the complexity of
4the measure, additional time is required for the preparation
5of the Note the Commission may so inform the sponsor of the
6bill and the sponsor may approve an extension of the time
7within which the note should be furnished, not to extend,
8however, beyond May 15 the odd numbered year following the
9date of request.
10    Whenever the sponsor of any measure is of the opinion that
11no Note is necessary, any member of either house may
12thereafter request that a Note be obtained, and in such case
13the matter shall be decided by majority vote of those present
14and voting in the house of which he or she is a member.
 
15    Section 15. Purpose. The purpose of the Note shall be to
16identify the fiscal and practical effects of proposed
17legislation, including, but not limited to, analysis of
18technology, additional, alterations, improvements, or
19practices of forensic analyses for use in criminal
20proceedings, impact on the following headcount, space,
21equipment, instruments, accreditation, volume of cases for
22analysis, scientific controls and quality assurance.
 
23    Section 20. Content. The Note shall be factual in nature,
24as brief and concise as may be, and shall provide a reliable

 

 

SB0666- 3 -LRB102 17193 JWD 22647 b

1estimate of the annual cost to crime laboratories for which
2the change is required. If it is determined that such need can
3not be ascertained, the Note shall contain a statement to that
4effect, setting forth the reasons why a determination of need
5cannot be given.
6    Whenever any measure by which a Note is requested affects
7both the State and one or more units of local government, such
8effect must be set forth in the Note.
9    No comment or opinion shall be included in the Note
10regarding the merits of the measure for which the Note is
11prepared; however, technical or mechanical defects may be
12noted. The name of the Illinois Forensic Science Commission
13shall appear at the end of the note and the original of the
14Note shall be signed by a designee of the Commission.
 
15    Section 25. Committee appearances. The fact that a Note is
16prepared for any bill shall not preclude or restrict the
17appearance before any committee of the General Assembly of any
18official or authorized employee of the Commission, or any
19State board, commission, department, agency, or other entity,
20who desires to be heard in support of or in opposition to the
21measure.
 
22    Section 30. Amendments. Whenever any committee of either
23house reports any bill with amendments of such a nature as
24will: increase or decrease the number of crime laboratories;

 

 

SB0666- 4 -LRB102 17193 JWD 22647 b

1increase or decrease the cost of operating crime laboratories;
2impact on efficiencies and case loads as well as provide other
3facts, data, research, and science relevant to the legislative
4matter; or result in alteration in any process involving or
5used by crime laboratories; either directly or indirectly, as
6stated in the Note relating to the measure at the time of its
7referral to the committee, there shall be included with the
8report of the committee a statement of the effect of the change
9proposed by the amendment reported as desired by a majority of
10the committee.
11    Whenever any measure is amended on the floor of either
12house in such manner as will: increase or decrease the number
13of crime laboratories; increase or decrease the cost of
14operating crime laboratories; impact on efficiencies and case
15loads as well as provide other facts, data, research, and
16science relevant to the legislative matter; or result in
17alteration in any process involving or used by crime
18laboratories; either directly or indirectly, as stated in the
19Note relating to the measure prior to such amendment, a
20majority of such house may propose that no action shall be
21taken upon the amendment until the sponsor of the amendment
22shows to the members a statement of the effect of his or her
23proposed amendment.
 
24    Section 50. The Department of State Police Law of the
25Civil Administrative Code of Illinois is amended by adding

 

 

SB0666- 5 -LRB102 17193 JWD 22647 b

1Section 2605-615 as follows:
 
2    (20 ILCS 2605/2605-615 new)
3    Sec. 2605-615. Illinois Forensic Science Commission.
4    (a) Creation. There is created within the Illinois State
5Police the Illinois Forensic Science Commission.
6    (b) Duties and purpose. The Commission shall:
7        (1) Provide guidance to ensure the efficient delivery
8    of forensic services and the sound practice of forensic
9    science.
10        (2) Provide a forum for discussions between forensic
11    science stakeholders to improve communication and
12    coordination and to monitor the important issues impacting
13    all stakeholders.
14        (3) Take a systems-based approach in reviewing all
15    aspects of the delivery of forensic services and the sound
16    practice of forensic science with the goal of reducing or
17    eliminating the factors and inefficiencies that contribute
18    to backlogs and errors, with a focus on education and
19    training, funding, hiring, procurement, and other aspects
20    identified by the Commission.
21        (4) Review significant non-conformities with the sound
22    practice of forensic science documented by each
23    publicly-funded forensic laboratory and offer
24    recommendations for the correction thereof.
25        (5) Subject to appropriation, provide educational,

 

 

SB0666- 6 -LRB102 17193 JWD 22647 b

1    research, and professional training opportunities for
2    practicing forensic scientists, police officers, judges,
3    State's Attorneys and Assistant State's Attorneys, Public
4    Defenders, and defense attorneys comporting with the sound
5    practice of forensic science.
6        (6) Collect and analyze information related to the
7    impact of current laws, rules, policies, and practices on
8    forensic crime laboratories and the practice of forensic
9    science; evaluate the impact of those laws, rules,
10    policies, and practices on forensic crime laboratories and
11    the practice of forensic science; identify new policies
12    and approaches, together with changes in science, and
13    technology; and make recommendations for changes to those
14    laws, rules, policies, and practices that will yield
15    better results in the criminal justice system consistent
16    with the sound practice of forensic science.
17        (7) Perform such other studies or tasks pertaining to
18    forensic crime laboratories as may be requested by the
19    General Assembly by resolution or the Governor, and
20    perform such other functions as may be required by law or
21    as are necessary to carry out the purposes and goals of the
22    Commission prescribed in this Section.
23        (8) Ensure that adequate resources and facilities are
24    available for carrying out the changes proposed in
25    legislation and that rational priorities are established
26    for the use of those resources. To do so, the Commission

 

 

SB0666- 7 -LRB102 17193 JWD 22647 b

1    shall prepare Forensic Laboratory Impact Notes identifying
2    the fiscal and practical effects of proposed legislation
3    according to the provisions of the Forensic Laboratory
4    Impact Note Act, including, but not limited to, staffing,
5    resources, and a professional opinion on the value of the
6    change or changes proposed and related science.
7    (c) Members. The Commission shall be composed of the
8Director of the Illinois State Police, or his or her designee,
9together with the following members appointed for a term of 4
10years by the Governor with the advice and consent of the
11Senate:
12        (1) One crime laboratory director or administrator
13    from each publicly-funded forensic laboratory system.
14        (2) One member with experience in the admission of
15    forensic evidence in trials from a statewide association
16    representing prosecutors.
17        (3) One member with experience in the admission of
18    forensic evidence in trials from a statewide association
19    representing criminal defense attorneys.
20        (4) Three forensic scientists with bench work
21    background from various forensic disciplines (e.g., DNA,
22    chemistry, pattern evidence, etc.).
23        (5) One retired circuit court judge or associate
24    circuit court judge with criminal trial experience,
25    including experience in the admission of forensic evidence
26    in trials.

 

 

SB0666- 8 -LRB102 17193 JWD 22647 b

1        (6) One academic specializing in the field of forensic
2    sciences.
3        (7) One or more community representatives (e.g.,
4    victim advocates, innocence project organizations, sexual
5    assault examiners, etc.).
6    The Governor shall designate one of the members of the
7Commission to serve as the chair of the Commission. The
8members of the Commission shall elect from their number such
9other officers as they may determine. Members of the
10Commission shall serve without compensation, but may be
11reimbursed for reasonable expenses incurred in the performance
12of their duties from funds appropriated for that purpose.
13    (d) Subcommittees. The Commission may form subcommittees
14to study specific issues identified under paragraph (3) of
15subsection (b), including, but not limited to, subcommittees
16on education and training, procurement, funding and hiring. Ad
17hoc subcommittees may also be convened to address other
18issues. Such subcommittees shall meet as needed to complete
19their work, and shall report their findings back to the
20Commission. Subcommittees shall include members of the
21Commission, and may also include non-members such as forensic
22science stakeholders and subject matter experts.
23    (e) Meetings. The Commission shall meet quarterly, at the
24call of the chairperson. Facilities for meeting, whether
25remotely or in person, shall be provided for the Commission by
26the Illinois State Police.

 

 

SB0666- 9 -LRB102 17193 JWD 22647 b

1    (f) Reporting by publicly-funded forensic laboratories.
2All State and local publicly-funded forensic laboratory
3systems, including, but not limited to, the DuPage County
4Forensic Science Center, the Northeastern Illinois Regional
5Crime Laboratory, and the Illinois State Police, shall
6annually provide to the Commission a report summarizing its
7significant non-conformities with the efficient delivery of
8forensic services and the sound practice of forensic science.
9The report will identify: each significant non-conformity or
10deficient method; how the non-conformity or deficient method
11was detected; the nature and extent of the non-conformity or
12deficient method; all corrective actions implemented to
13address the non-conformity or deficient method; and an
14analysis of the effectiveness of the corrective actions taken.
15    (g) Definition. As used in this Section, "Commission"
16means the Illinois Forensic Science Commission.
 
17    Section 60. The Code of Criminal Procedure of 1963 is
18amended by adding Sections 111-9 and 116-6 as follows:
 
19    (725 ILCS 5/111-9 new)
20    Sec. 111-9. Notification to forensic laboratories. Unless
21the Supreme Court shall by Rule provide otherwise, upon
22disposition, withdrawal, or dismissal of any charge, the
23State's Attorney shall promptly notify the forensic laboratory
24or laboratories in possession of evidence, reports, or other

 

 

SB0666- 10 -LRB102 17193 JWD 22647 b

1materials or information related to that charge. Notification
2may be given by any reasonable means under the circumstances,
3including, but not limited to, the Illinois State Police
4Laboratory Information Management System, email, or telephone.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.