Rep. Emily McAsey

Filed: 5/30/2016

 

 


 

 


 
09900SB3096ham003LRB099 17887 RLC 49441 a

1
AMENDMENT TO SENATE BILL 3096

2    AMENDMENT NO. ______. Amend Senate Bill 3096 as follows:
 
3on page 15, line 20, by inserting after "amended" the
4following:
 
5"by changing Sections 2605-40 and 2605-300 and"; and
 
6on page 15, immediately below line 21, by inserting the
7following:
 
8    "(20 ILCS 2605/2605-40)  (was 20 ILCS 2605/55a-4)
9    Sec. 2605-40. Division of Forensic Services. The Division
10of Forensic Services shall exercise the following functions:
11        (1) Exercise the rights, powers, and duties vested by
12    law in the Department by the Criminal Identification Act.
13        (2) Exercise the rights, powers, and duties vested by
14    law in the Department by Section 2605-300 of this Law.

 

 

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1        (3) Provide assistance to local law enforcement
2    agencies through training, management, and consultant
3    services.
4        (4) (Blank).
5        (5) Exercise other duties that may be assigned by the
6    Director in order to fulfill the responsibilities and
7    achieve the purposes of the Department.
8        (6) Establish and operate a forensic science
9    laboratory system, including a forensic toxicological
10    laboratory service, for the purpose of testing specimens
11    submitted by coroners and other law enforcement officers in
12    their efforts to determine whether alcohol, drugs, or
13    poisonous or other toxic substances have been involved in
14    deaths, accidents, or illness. Forensic toxicological
15    laboratories shall be established in Springfield, Chicago,
16    and elsewhere in the State as needed.
17        (6.5) Establish administrative rules in order to set
18    forth standardized requirements for the disclosure of
19    toxicology results and other relevant documents related to
20    a toxicological analysis. These administrative rules are
21    to be adopted to produce uniform and sufficient information
22    to allow a proper, well-informed determination of the
23    admissibility of toxicology evidence and to ensure that
24    this evidence is presented competently. These
25    administrative rules are designed to provide a minimum
26    standard for compliance of toxicology evidence and is not

 

 

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1    intended to limit the production and discovery of material
2    information. These administrative rules shall be submitted
3    by the Department of State Police into the rulemaking
4    process under the Illinois Administrative Procedure Act on
5    or before June 30, 2017.
6        (7) Subject to specific appropriations made for these
7    purposes, establish and coordinate a system for providing
8    accurate and expedited forensic science and other
9    investigative and laboratory services to local law
10    enforcement agencies and local State's Attorneys in aid of
11    the investigation and trial of capital cases.
12(Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00; 91-589,
13eff. 1-1-00; 91-760, eff. 1-1-01.)"; and
 
14on page 18, immediately below line 26, by inserting the
15following:
 
16    "(20 ILCS 2605/2605-300)  (was 20 ILCS 2605/55a in part)
17    Sec. 2605-300. Records; crime laboratories; personnel. To
18do the following:
19        (1) Be a central repository and custodian of criminal
20    statistics for the State.
21        (2) Be a central repository for criminal history record
22    information.
23        (3) Procure and file for record information that is
24    necessary and helpful to plan programs of crime prevention,

 

 

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1    law enforcement, and criminal justice.
2        (4) Procure and file for record copies of fingerprints
3    that may be required by law.
4        (5) Establish general and field crime laboratories.
5        (6) Register and file for record information that may
6    be required by law for the issuance of firearm owner's
7    identification cards under the Firearm Owners
8    Identification Card Act and concealed carry licenses under
9    the Firearm Concealed Carry Act.
10        (7) Employ polygraph operators, laboratory
11    technicians, and other specially qualified persons to aid
12    in the identification of criminal activity, and may employ
13    polygraph operators.
14        (8) Undertake other identification, information,
15    laboratory, statistical, or registration activities that
16    may be required by law.
17(Source: P.A. 98-63, eff. 7-9-13.)
 
18    Section 107. The Illinois Procurement Code is amended by
19changing Section 1-10 as follows:
 
20    (30 ILCS 500/1-10)
21    Sec. 1-10. Application.
22    (a) This Code applies only to procurements for which
23bidders, offerors, potential contractors, or contractors were
24first solicited on or after July 1, 1998. This Code shall not

 

 

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1be construed to affect or impair any contract, or any provision
2of a contract, entered into based on a solicitation prior to
3the implementation date of this Code as described in Article
499, including but not limited to any covenant entered into with
5respect to any revenue bonds or similar instruments. All
6procurements for which contracts are solicited between the
7effective date of Articles 50 and 99 and July 1, 1998 shall be
8substantially in accordance with this Code and its intent.
9    (b) This Code shall apply regardless of the source of the
10funds with which the contracts are paid, including federal
11assistance moneys. This Code shall not apply to:
12        (1) Contracts between the State and its political
13    subdivisions or other governments, or between State
14    governmental bodies except as specifically provided in
15    this Code.
16        (2) Grants, except for the filing requirements of
17    Section 20-80.
18        (3) Purchase of care.
19        (4) Hiring of an individual as employee and not as an
20    independent contractor, whether pursuant to an employment
21    code or policy or by contract directly with that
22    individual.
23        (5) Collective bargaining contracts.
24        (6) Purchase of real estate, except that notice of this
25    type of contract with a value of more than $25,000 must be
26    published in the Procurement Bulletin within 10 calendar

 

 

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1    days after the deed is recorded in the county of
2    jurisdiction. The notice shall identify the real estate
3    purchased, the names of all parties to the contract, the
4    value of the contract, and the effective date of the
5    contract.
6        (7) Contracts necessary to prepare for anticipated
7    litigation, enforcement actions, or investigations,
8    provided that the chief legal counsel to the Governor shall
9    give his or her prior approval when the procuring agency is
10    one subject to the jurisdiction of the Governor, and
11    provided that the chief legal counsel of any other
12    procuring entity subject to this Code shall give his or her
13    prior approval when the procuring entity is not one subject
14    to the jurisdiction of the Governor.
15        (8) Contracts for services to Northern Illinois
16    University by a person, acting as an independent
17    contractor, who is qualified by education, experience, and
18    technical ability and is selected by negotiation for the
19    purpose of providing non-credit educational service
20    activities or products by means of specialized programs
21    offered by the university.
22        (9) Procurement expenditures by the Illinois
23    Conservation Foundation when only private funds are used.
24        (10) Procurement expenditures by the Illinois Health
25    Information Exchange Authority involving private funds
26    from the Health Information Exchange Fund. "Private funds"

 

 

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1    means gifts, donations, and private grants.
2        (11) Public-private agreements entered into according
3    to the procurement requirements of Section 20 of the
4    Public-Private Partnerships for Transportation Act and
5    design-build agreements entered into according to the
6    procurement requirements of Section 25 of the
7    Public-Private Partnerships for Transportation Act.
8        (12) Contracts for legal, financial, and other
9    professional and artistic services entered into on or
10    before December 31, 2018 by the Illinois Finance Authority
11    in which the State of Illinois is not obligated. Such
12    contracts shall be awarded through a competitive process
13    authorized by the Board of the Illinois Finance Authority
14    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
15    50-35, and 50-37 of this Code, as well as the final
16    approval by the Board of the Illinois Finance Authority of
17    the terms of the contract.
18        (13) The provisions of this paragraph (13), other than
19    this sentence, are inoperative on and after January 1, 2019
20    or 2 years after the effective date of this amendatory Act
21    of the 99th General Assembly, whichever is later. Contracts
22    for services, commodities, and equipment to support the
23    delivery of timely forensic science services in
24    consultation with and subject to the approval of the Chief
25    Procurement Officer as provided in subsection (d) of
26    Section 5-4-3a of the Unified Code of Corrections, except

 

 

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1    for the requirements of Sections 20-60, 20-65, 20-70, and
2    20-160 and Article 50 of this Code; however, the Chief
3    Procurement Officer may, in writing with justification,
4    waive any certification required under Article 50 of this
5    Code. For any contracts for services which are currently
6    provided by members of a collective bargaining agreement,
7    the applicable terms of the collective bargaining
8    agreement concerning subcontracting shall be followed.
9    Notwithstanding any other provision of law, contracts
10entered into under item (12) of this subsection (b) shall be
11published in the Procurement Bulletin within 14 calendar days
12after contract execution. The chief procurement officer shall
13prescribe the form and content of the notice. The Illinois
14Finance Authority shall provide the chief procurement officer,
15on a monthly basis, in the form and content prescribed by the
16chief procurement officer, a report of contracts that are
17related to the procurement of goods and services identified in
18item (12) of this subsection (b). At a minimum, this report
19shall include the name of the contractor, a description of the
20supply or service provided, the total amount of the contract,
21the term of the contract, and the exception to the Code
22utilized. A copy of each of these contracts shall be made
23available to the chief procurement officer immediately upon
24request. The chief procurement officer shall submit a report to
25the Governor and General Assembly no later than November 1 of
26each year that shall include, at a minimum, an annual summary

 

 

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1of the monthly information reported to the chief procurement
2officer.
3    (c) This Code does not apply to the electric power
4procurement process provided for under Section 1-75 of the
5Illinois Power Agency Act and Section 16-111.5 of the Public
6Utilities Act.
7    (d) Except for Section 20-160 and Article 50 of this Code,
8and as expressly required by Section 9.1 of the Illinois
9Lottery Law, the provisions of this Code do not apply to the
10procurement process provided for under Section 9.1 of the
11Illinois Lottery Law.
12    (e) This Code does not apply to the process used by the
13Capital Development Board to retain a person or entity to
14assist the Capital Development Board with its duties related to
15the determination of costs of a clean coal SNG brownfield
16facility, as defined by Section 1-10 of the Illinois Power
17Agency Act, as required in subsection (h-3) of Section 9-220 of
18the Public Utilities Act, including calculating the range of
19capital costs, the range of operating and maintenance costs, or
20the sequestration costs or monitoring the construction of clean
21coal SNG brownfield facility for the full duration of
22construction.
23    (f) This Code does not apply to the process used by the
24Illinois Power Agency to retain a mediator to mediate sourcing
25agreement disputes between gas utilities and the clean coal SNG
26brownfield facility, as defined in Section 1-10 of the Illinois

 

 

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1Power Agency Act, as required under subsection (h-1) of Section
29-220 of the Public Utilities Act.
3    (g) This Code does not apply to the processes used by the
4Illinois Power Agency to retain a mediator to mediate contract
5disputes between gas utilities and the clean coal SNG facility
6and to retain an expert to assist in the review of contracts
7under subsection (h) of Section 9-220 of the Public Utilities
8Act. This Code does not apply to the process used by the
9Illinois Commerce Commission to retain an expert to assist in
10determining the actual incurred costs of the clean coal SNG
11facility and the reasonableness of those costs as required
12under subsection (h) of Section 9-220 of the Public Utilities
13Act.
14    (h) This Code does not apply to the process to procure or
15contracts entered into in accordance with Sections 11-5.2 and
1611-5.3 of the Illinois Public Aid Code.
17    (i) Each chief procurement officer may access records
18necessary to review whether a contract, purchase, or other
19expenditure is or is not subject to the provisions of this
20Code, unless such records would be subject to attorney-client
21privilege.
22    (j) This Code does not apply to the process used by the
23Capital Development Board to retain an artist or work or works
24of art as required in Section 14 of the Capital Development
25Board Act.
26    (k) This Code does not apply to the process to procure

 

 

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1contracts, or contracts entered into, by the State Board of
2Elections or the State Electoral Board for hearing officers
3appointed pursuant to the Election Code.
4(Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502,
5eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12;
697-895, eff. 8-3-12; 98-90, eff. 7-15-13; 98-463, eff. 8-16-13;
798-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff.
81-1-15.)"; and
 
9on page 37, immediately below line 15, by inserting the
10following:
 
11    "Section 125. The Unified Code of Corrections is amended by
12changing Section 5-4-3a as follows:
 
13    (730 ILCS 5/5-4-3a)
14    Sec. 5-4-3a. DNA testing backlog accountability.
15    (a) On or before August 1 of each year, the Department of
16State Police shall report to the Governor and both houses of
17the General Assembly the following information:
18        (1) the extent of the backlog of cases awaiting testing
19    or awaiting DNA analysis by that Department, including but
20    not limited to those tests conducted under Section 5-4-3,
21    as of June 30 of the previous fiscal year, with the backlog
22    being defined as all cases awaiting forensic testing
23    whether in the physical custody of the State Police or in

 

 

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1    the physical custody of local law enforcement, provided
2    that the State Police have written notice of any evidence
3    in the physical custody of local law enforcement prior to
4    June 1 of that year; and
5        (2) what measures have been and are being taken to
6    reduce that backlog and the estimated costs or expenditures
7    in doing so.
8    (b) The information reported under this Section shall be
9made available to the public, at the time it is reported, on
10the official web site of the Department of State Police.
11    (c) Beginning January 1, 2016, the Department of State
12Police shall quarterly report on the status of the processing
13of forensic biology and DNA evidence submitted to the
14Department of State Police Laboratory for analysis. The report
15shall be submitted to the Governor and the General Assembly,
16and shall be posted on the Department of State Police website.
17The report shall include the following for each State Police
18Laboratory location and any laboratory to which the Department
19of State Police has outsourced evidence for testing:
20        (1) For forensic biology submissions, report both
21    total case and sexual assault or abuse case (as defined by
22    the Sexual Assault Evidence Submission Act) figures for:
23            (A) The number of cases received in the preceding
24        quarter.
25            (B) The number of cases completed in the preceding
26        quarter.

 

 

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1            (C) The number of cases waiting analysis.
2            (D) The number of cases sent for outsourcing.
3            (E) The number of cases waiting analysis that were
4        received within the past 30 days.
5            (F) The number of cases waiting analysis that were
6        received 31 to 90 days prior.
7            (G) The number of cases waiting analysis that were
8        received 91 to 180 days prior.
9            (H) The number of cases waiting analysis that were
10        received 181 to 365 days prior.
11            (I) The number of cases waiting analysis that were
12        received more than 365 days prior.
13            (J) The number of cases forwarded for DNA analyses.
14        (2) For DNA submissions, report both total case and
15    sexual assault or abuse case (as defined by the Sexual
16    Assault Evidence Submission Act) figures for:
17            (A) The number of cases received in the preceding
18        quarter.
19            (B) The number of cases completed in the preceding
20        quarter.
21            (C) The number of cases waiting analysis.
22            (D) The number of cases sent for outsourcing.
23            (E) The number of cases waiting analysis that were
24        received within the past 30 days.
25            (F) The number of cases waiting analysis that were
26        received 31 to 90 days prior.

 

 

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1            (G) The number of cases waiting analysis that were
2        received 91 to 180 days prior.
3            (H) The number of cases waiting analysis that were
4        received 181 to 365 days prior.
5            (I) The number of cases waiting analysis that were
6        received more than 365 days prior.
7        (3) For all other categories of testing (e.g., drug
8    chemistry, firearms/toolmark, footwear/tire track, latent
9    prints, toxicology, and trace chemistry analysis):
10            (A) The number of cases received in the preceding
11        quarter.
12            (B) The number of cases completed in the preceding
13        quarter.
14            (C) The number of cases waiting analysis.
15        (4) For the Combined DNA Index System (CODIS), report
16    both total case and sexual assault or abuse case (as
17    defined by the Sexual Assault Evidence Submission Act)
18    figures for subparagraphs (D), (E), and (F) of this
19    paragraph (4):
20            (A) The number of new offender samples received in
21        the preceding quarter.
22            (B) The number of offender samples uploaded to
23        CODIS in the preceding quarter.
24            (C) The number of offender samples awaiting
25        analysis.
26            (D) The number of unknown DNA case profiles

 

 

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1        uploaded to CODIS in the preceding quarter.
2            (E) The number of CODIS hits in the preceding
3        quarter.
4            (F) The number of forensic evidence submissions
5        submitted to confirm a previously reported CODIS hit.
6        (5) For each category of testing, report the number of
7    trained forensic scientists and the number of forensic
8    scientists in training.
9    As used in this subsection (c), "completed" means
10completion of both the analysis of the evidence and the
11provision of the results to the submitting law enforcement
12agency.
13    (d) The provisions of this subsection (d), other than this
14sentence, are inoperative on and after January 1, 2019 or 2
15years after the effective date of this amendatory Act of the
1699th General Assembly, whichever is later. In consultation with
17and subject to the approval of the Chief Procurement Officer,
18the Department of State Police may obtain contracts for
19services, commodities, and equipment to assist in the timely
20completion of forensic biology, DNA, drug chemistry,
21firearms/toolmark, footwear/tire track, latent prints,
22toxicology, microscopy, trace chemistry, and Combined DNA
23Index System (CODIS) analysis. Contracts to support the
24delivery of timely forensic science services are not subject to
25the provisions of the Illinois Procurement Code, except for
26Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that

 

 

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1Code, provided that the Chief Procurement Officer may, in
2writing with justification, waive any certification required
3under Article 50 of the Illinois Procurement Code. For any
4contracts for services which are currently provided by members
5of a collective bargaining agreement, the applicable terms of
6the collective bargaining agreement concerning subcontracting
7shall be followed.
8(Source: P.A. 99-352, eff. 1-1-16.)".