Full Text of SB2201 93rd General Assembly
SB2201sam001 93RD GENERAL ASSEMBLY
|
Sen. John J. Cullerton
Filed: 3/16/2004
|
|
09300SB2201sam001 |
|
LRB093 17125 RLC 48569 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 2201
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 2201 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 1. Short title. This Act may be cited as the | 5 |
| Illinois Laboratory Advisory Committee Act. | 6 |
| Section 5. Illinois Laboratory Advisory Committee; | 7 |
| creation. | 8 |
| (a) There is created the Illinois Laboratory Advisory | 9 |
| Committee (hereinafter referred to as the Committee).
| 10 |
| (b) The Committee shall consist of 15 members appointed as | 11 |
| follows:
| 12 |
| (1) one member who is a scientist from the Department | 13 |
| of Agriculture, appointed by the Director of Agriculture; | 14 |
| (2) one member who is a scientist from the Department | 15 |
| of Natural Resources, appointed by the Director of Natural | 16 |
| Resources; | 17 |
| (3) one member who is a scientist from the Department | 18 |
| of Public Health, appointed by the Director of Public | 19 |
| Health; | 20 |
| (4) one member who is a scientist from the Department | 21 |
| of State Police, appointed by the Director of State Police; | 22 |
| (5) one member who is a scientist from the | 23 |
| Environmental Protection Agency, appointed by the Director | 24 |
| of the Environmental Protection Agency; |
|
|
|
09300SB2201sam001 |
- 2 - |
LRB093 17125 RLC 48569 a |
|
| 1 |
| (6) one member who is a scientist from the Illinois | 2 |
| Emergency Management Agency, appointed by the Director of | 3 |
| the Illinois Emergency Management Agency; | 4 |
| (7) one member who is a scientist from the Department | 5 |
| of Transportation, appointed by the Secretary of | 6 |
| Transportation; | 7 |
| (8) one member who is a licensed attorney, with | 8 |
| expertise in scientific evidence, appointed by the Cook | 9 |
| County Public Defender;
| 10 |
| (9) one member who is a licensed attorney, with | 11 |
| expertise in scientific evidence, appointed by the Cook | 12 |
| County State's Attorney;
| 13 |
| (10) one member who is a licensed attorney, with | 14 |
| expertise in scientific evidence, appointed by the State | 15 |
| Appellate Defender;
| 16 |
| (11) one member who is a licensed attorney, with | 17 |
| expertise in scientific evidence, appointed by the | 18 |
| Director of the Office of the State's Attorneys Appellate | 19 |
| Prosecutor;
| 20 |
| (12) one member who is a licensed attorney, with | 21 |
| expertise in scientific evidence, appointed by the | 22 |
| Attorney General;
| 23 |
| (13) one member who is an academic scientist with an | 24 |
| advanced degree in life, physical, or medical sciences | 25 |
| appointed by the Attorney General;
| 26 |
| (14) one member who is a scientist employed by the | 27 |
| DuPage County Sheriff's Crime Laboratory appointed by the | 28 |
| DuPage County Sheriff's Crime Laboratory Director; and | 29 |
| (15) one member who is an academic forensic scientist | 30 |
| with an advanced degree in the life, physical, | 31 |
| criminalistic, or medical sciences appointed by the | 32 |
| president of the University of Illinois.
| 33 |
| (c) The Committee Chairperson may appoint one ex officio | 34 |
| member representing private laboratories, and one ex officio |
|
|
|
09300SB2201sam001 |
- 3 - |
LRB093 17125 RLC 48569 a |
|
| 1 |
| member who is a scientist representing the Northern Illinois | 2 |
| Police Crime Laboratory.
The president of the University of | 3 |
| Illinois may appoint one ex officio member to the Committee | 4 |
| representing social scientists.
| 5 |
| (d) Appointments to the Committee shall be made within 90 | 6 |
| days after the effective date of this Act with the first | 7 |
| meeting of the Committee being held no later than 180 days | 8 |
| following the effective date of this Act. The members of the | 9 |
| Committee shall choose a chairperson from among its members. | 10 |
| The chairperson shall serve a 2-year term and shall be | 11 |
| responsible for convening meetings, setting agendas, and | 12 |
| finalizing reports. | 13 |
| (e) For the purpose of ensuring continuity on the | 14 |
| Committee, each member of the Committee shall serve a 4-year | 15 |
| term except 5 members, chosen at random, who shall serve an | 16 |
| initial term of 2 years, after which they shall be eligible for | 17 |
| reappointment for a term of 4 years. Members shall serve at the | 18 |
| discretion of their appointing authorities.
| 19 |
| (f) Vacancies on the Committee shall be filled in | 20 |
| accordance with subsections (b) and (e). A member of the | 21 |
| Committee appointed to fill a vacancy shall serve for the | 22 |
| unexpired term of the member whom he or she is succeeding. | 23 |
| (g) The Committee shall not be compensated. Travel costs | 24 |
| associated with the Committee shall be reimbursed subject to | 25 |
| the availability of State or the appointing agency's funds. | 26 |
| Funds received from public or private sources shall be governed | 27 |
| by all applicable laws to ensure ethics compliance. There is | 28 |
| established the Illinois Laboratory Advisory Committee Act | 29 |
| Fund in the State treasury into which funds received from | 30 |
| public or private sources shall be deposited for use by the | 31 |
| Committee.
| 32 |
| (h) The Committee and individual members of the Committee | 33 |
| are immune from any liability, whether civil or criminal, for | 34 |
| the good faith performance of the duties of the Committee as |
|
|
|
09300SB2201sam001 |
- 4 - |
LRB093 17125 RLC 48569 a |
|
| 1 |
| specified in this Section. | 2 |
| (i) No member of the Committee shall be disqualified from | 3 |
| holding public office or employment, nor shall he or she | 4 |
| forfeit any such office or employment, by reason of appointment | 5 |
| under this Act, and members may not be required to take and | 6 |
| file oaths of office before serving on the Committee.
| 7 |
| (j) Responsibilities of the Committee. The Committee | 8 |
| shall:
| 9 |
| (1) establish the rules and procedures concerning the | 10 |
| conduct of Committee meetings and other affairs not | 11 |
| inconsistent with law; | 12 |
| (2) make recommendations regarding improving policy | 13 |
| and procedures to ensure counsel for the defense and | 14 |
| prosecution are receiving all evidence, reports, and | 15 |
| analytical documentation relevant to disclosure; | 16 |
| (3) make recommendations regarding accreditation and | 17 |
| quality assurance as it applies to laboratory testing that | 18 |
| will be in compliance with recognized International | 19 |
| Organization for Standardization and applicable | 20 |
| professional standards; | 21 |
| (4) make recommendations regarding training procedures | 22 |
| to ensure training is conducted consistent with recognized | 23 |
| scientific procedures;
| 24 |
| (5) make recommendations regarding staffing and | 25 |
| funding needs to ensure resources to obtain accurate, | 26 |
| timely, and complete analysis of all samples submitted for | 27 |
| testing; | 28 |
| (6) make recommendations regarding private | 29 |
| laboratories conducting scientific testing, including | 30 |
| forensic testing, to ensure quality assurance and | 31 |
| accreditation standards are in concert with the | 32 |
| governmental laboratories within the State; | 33 |
| (7) make recommendations to ensure consistency among | 34 |
| judicial orders and rulings as it relates to evidence and |
|
|
|
09300SB2201sam001 |
- 5 - |
LRB093 17125 RLC 48569 a |
|
| 1 |
| discovery; | 2 |
| (8) examine ways to make more efficient use of the | 3 |
| State laboratories, including facilities, personnel, and | 4 |
| equipment;
| 5 |
| (9) examine ways to reduce laboratory backlogs;
| 6 |
| (10) review and comment on the proposed construction, | 7 |
| expansion, or renovation of State laboratory facilities | 8 |
| exceeding $250,000 and generally plan for future | 9 |
| laboratory needs; | 10 |
| (11) conduct such other activities as may be necessary | 11 |
| to provide for the safe and efficient operation of State | 12 |
| laboratories; | 13 |
| (12) make recommendations on other laboratory issues | 14 |
| not listed in this Section as the Committee deems | 15 |
| appropriate; | 16 |
| (13) examine ways to enhance Illinois Homeland | 17 |
| Security through coordination of laboratory services with | 18 |
| the Illinois Terrorism Task Force; | 19 |
| (14) continue to ensure that analysts are provided all | 20 |
| necessary tools and information needed to draw all relevant | 21 |
| scientific conclusions, and consider methods to guarantee | 22 |
| that observations and conclusions are not inadvertently | 23 |
| influenced by extraneous information; and | 24 |
| (15) make annual recommendations in a report filed with | 25 |
| the Governor, General Assembly, and Illinois Supreme Court | 26 |
| to facilitate any of the responsibilities of the Committee. | 27 |
| Reports shall be furnished to all members of the Committee.
| 28 |
| Section 105. The State Finance Act is amended by adding | 29 |
| Section 5.625 as follows: | 30 |
| (30 ILCS 105/5.625 new)
| 31 |
| Sec. 5.625. The Illinois Laboratory Advisory Committee Act | 32 |
| Fund. ".
|
|