Illinois General Assembly - Full Text of SB0920
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Full Text of SB0920  102nd General Assembly

SB0920enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB0920 EnrolledLRB102 04768 RJF 14787 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of State Police Law of the Civil
5Administrative Code of Illinois is amended by adding Section
62605-615 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
10Police 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

 

 

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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

 

 

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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,

 

 

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1    accreditation, the volume of cases for analysis,
2    scientific controls, and quality assurance.
3    (c) Members. The Commission shall be composed of the
4Director of the Illinois State Police, or his or her designee,
5together with the following members appointed for a term of 4
6years by the Governor with the advice and consent of the
7Senate:
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

 

 

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

 

 

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1Crime Laboratory, and the Illinois State Police, shall
2annually provide to the Commission a report summarizing its
3significant non-conformities with the efficient delivery of
4forensic services and the sound practice of forensic science.
5The report will identify: each significant non-conformity or
6deficient method; how the non-conformity or deficient method
7was detected; the nature and extent of the non-conformity or
8deficient method; all corrective actions implemented to
9address the non-conformity or deficient method; and an
10analysis of the effectiveness of the corrective actions taken.
11    (g) Definition. As used in this Section, "Commission"
12means the Illinois Forensic Science Commission.
 
13    Section 10. The Code of Criminal Procedure of 1963 is
14amended 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
17the Supreme Court shall by Rule provide otherwise, upon
18disposition, withdrawal, or dismissal of any charge, the
19State's Attorney shall promptly notify the forensic laboratory
20or laboratories in possession of evidence, reports, or other
21materials or information related to that charge. Notification
22may be given by any reasonable means under the circumstances,
23including, but not limited to, the Illinois State Police
24Laboratory Information Management System, email, or telephone.
 

 

 

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1    Section 15. The Sexual Assault Evidence Submission Act is
2amended 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
6and Reporting Commission issued its report as required under
7Section 43. It is the intention of the General Assembly in
8enacting the provisions of this amendatory Act of the 101st
9General Assembly to implement the recommendations of the
10Sexual Assault Evidence Tracking and Reporting Commission set
11forth in that report in a manner that utilizes the current
12resources of law enforcement agencies whenever possible and
13that is adaptable to changing technologies and circumstances.
14    (a-1) Due to the complex nature of a statewide tracking
15system for sexual assault evidence and to ensure all
16stakeholders, including, but not limited to, victims and their
17designees, health care facilities, law enforcement agencies,
18forensic labs, and State's Attorneys offices are integrated,
19the Commission recommended the purchase of an electronic
20off-the-shelf tracking system. The system must be able to
21communicate with all stakeholders and provide real-time
22information to a victim or his or her designee on the status of
23the evidence that was collected. The sexual assault evidence
24tracking system must:

 

 

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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.

 

 

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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

 

 

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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:

 

 

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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
6electronic access to a tracking system for a victim, or his or
7her designee to access information on the status of the
8evidence collected. The Commission recommended minimum
9guidelines in order to safeguard confidentiality of the
10information contained within this statewide tracking system.
11These recommendations are that the sexual assault evidence
12tracking 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

 

 

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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

 

 

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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
8sexual assault evidence tracking system that conforms with
9subsections (a-1) and (a-2) of this Section. The Department
10shall design the criteria for the sexual assault evidence
11tracking system so that, to the extent reasonably possible,
12the system can use existing technologies and products,
13including, but not limited to, currently available tracking
14systems. The sexual assault evidence tracking system shall be
15operational and shall begin tracking and reporting sexual
16assault evidence no later than one year after the effective
17date of this amendatory Act of the 101st General Assembly. The
18Department may adopt additional rules as it deems necessary to
19ensure that the sexual assault evidence tracking system
20continues to be a useful tool for law enforcement.
21    (c) A treatment hospital, a treatment hospital with
22approved pediatric transfer, an out-of-state hospital approved
23by the Department of Public Health to receive transfers of
24Illinois sexual assault survivors, or an approved pediatric
25health care facility defined in Section 1a of the Sexual
26Assault Survivors Emergency Treatment Act shall participate in

 

 

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1the sexual assault evidence tracking system created under this
2Section and in accordance with rules adopted under subsection
3(b), including, but not limited to, the collection of sexual
4assault evidence and providing information regarding that
5evidence, including, but not limited to, providing notice to
6law enforcement that the evidence has been collected.
7    (d) The operations of the sexual assault evidence tracking
8system shall be funded by moneys appropriated for that purpose
9from the State Crime Laboratory Fund and funds provided to the
10Department through asset forfeiture, together with such other
11funds as the General Assembly may appropriate.
12    (e) To ensure that the sexual assault evidence tracking
13system is operational, the Department may adopt emergency
14rules to implement the provisions of this Section under
15subsection (ff) of Section 5-45 of the Illinois Administrative
16Procedure Act.
17    (f) Information, including, but not limited to, evidence
18and records in the sexual assault evidence tracking system is
19exempt 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
22becoming law.