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

SB0920sam001 102ND GENERAL ASSEMBLY

Sen. Patricia Van Pelt

Filed: 4/5/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 920

2    AMENDMENT NO. ______. Amend Senate Bill 920 by replacing
3everything after the enacting clause with the following:
 
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 is, either directly or indirectly, to:
9    (1) increase or decrease the number of crime laboratories;
10    (2) increase or decrease the cost of operating crime
11laboratories;
12    (3) impact on efficiencies and case loads as well as
13provide other facts, data, research, and science relevant to
14the legislative matter; or
15    (4) result in alteration in any process involving or used
16by crime laboratories,

 

 

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1shall have prepared for it prior to second reading in the house
2of introduction a brief explanatory statement of the estimated
3total annual cost of such changes to the State and units of
4local government affected by those changes (if any). These
5statements shall be known as "Forensic Laboratory Impact
6Notes".
 
7    Section 10. Procedure. The sponsor of each bill referred
8to in Section 5 shall present a copy of the bill, with his or
9her requirements for a Note, to the Illinois Forensic Science
10Commission. The Note shall be prepared by the Illinois
11Forensic Science Commission and furnished to the sponsor of
12the bill within 5 calendar days thereafter; except that
13whenever, because of the complexity of the measure, additional
14time is required for the preparation of the Note the
15Commission may so inform the sponsor of the bill and the
16sponsor may approve an extension of the time within which the
17note should be furnished, not to extend, however, beyond May
1815 the odd numbered year following the date of request.
19    Whenever the sponsor of any measure is of the opinion that
20no Note is necessary, any member of either house may
21thereafter request that a Note be obtained, and in such case
22the matter shall be decided by majority vote of those present
23and voting in the house of which he or she is a member.
 
24    Section 15. Purpose. The purpose of the Note shall be to

 

 

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1identify the fiscal and practical effects of proposed
2legislation, including, but not limited to, analysis of
3technology, additional, alterations, improvements, or
4practices of forensic analyses for use in criminal
5proceedings, impact on the following headcount, space,
6equipment, instruments, accreditation, volume of cases for
7analysis, scientific controls and quality assurance.
 
8    Section 20. Content. The Note shall be factual in nature,
9as brief and concise as may be, and shall provide a reliable
10estimate of the annual cost to crime laboratories for which
11the change is required. If it is determined that such need can
12not be ascertained, the Note shall contain a statement to that
13effect, setting forth the reasons why a determination of need
14cannot be given.
15    Whenever any measure by which a Note is requested affects
16both the State and one or more units of local government, such
17effect must be set forth in the Note.
18    No comment or opinion shall be included in the Note
19regarding the merits of the measure for which the Note is
20prepared; however, technical or mechanical defects may be
21noted. The name of the Illinois Forensic Science Commission
22shall appear at the end of the note and the original of the
23Note shall be signed by a designee of the Commission.
 
24    Section 25. Committee appearances. The fact that a Note is

 

 

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1prepared for any bill shall not preclude or restrict the
2appearance before any committee of the General Assembly of any
3official or authorized employee of the Commission, or any
4State board, commission, department, agency, or other entity,
5who desires to be heard in support of or in opposition to the
6measure.
 
7    Section 30. Amendments.
8    (a) Whenever any committee of either house reports any
9bill with amendments of such a nature as will either, directly
10or indirectly, as stated in the Note relating to the measure at
11the time of its referral to the committee:
12        (1) increase or decrease the number of crime
13    laboratories; increase or decrease the cost of operating
14    crime laboratories;
15        (2) impact on efficiencies and case loads as well as
16    provide other facts, data, research, and science relevant
17    to the legislative matter; or
18        (3) result in alteration in any process involving or
19    used by crime laboratories,
20there shall be included with the report of the committee a
21statement of the effect of the change proposed by the
22amendment reported as desired by a majority of the committee.
23    (b) Whenever any measure is amended on the floor of either
24house in such manner as will, either directly or indirectly,
25as stated in the Note relating to the measure prior to such

 

 

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1amendment:
2        (1) increase or decrease the number of crime
3    laboratories; increase or decrease the cost of operating
4    crime laboratories; impact on efficiencies and case loads
5    as well as provide other facts, data, research, and
6    science relevant to the legislative matter; or
7        (2) result in alteration in any process involving or
8    used by crime laboratories,
9a majority of such house may propose that no action shall be
10taken upon the amendment until the sponsor of the amendment
11shows to the members a statement of the effect of his or her
12proposed amendment.
 
13    Section 50. The Department of State Police Law of the
14Civil Administrative Code of Illinois is amended by adding
15Section 2605-615 as follows:
 
16    (20 ILCS 2605/2605-615 new)
17    Sec. 2605-615. Illinois Forensic Science Commission.
18    (a) Creation. There is created within the Illinois State
19Police the Illinois Forensic Science Commission.
20    (b) Duties and purpose. The Commission shall:
21        (1) Provide guidance to ensure the efficient delivery
22    of forensic services and the sound practice of forensic
23    science.
24        (2) Provide a forum for discussions between forensic

 

 

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1    science stakeholders to improve communication and
2    coordination and to monitor the important issues impacting
3    all stakeholders.
4        (3) Take a systems-based approach in reviewing all
5    aspects of the delivery of forensic services and the sound
6    practice of forensic science with the goal of reducing or
7    eliminating the factors and inefficiencies that contribute
8    to backlogs and errors, with a focus on education and
9    training, funding, hiring, procurement, and other aspects
10    identified by the Commission.
11        (4) Review significant non-conformities with the sound
12    practice of forensic science documented by each
13    publicly-funded forensic laboratory and offer
14    recommendations for the correction thereof.
15        (5) Subject to appropriation, provide educational,
16    research, and professional training opportunities for
17    practicing forensic scientists, police officers, judges,
18    State's Attorneys and Assistant State's Attorneys, Public
19    Defenders, and defense attorneys comporting with the sound
20    practice of forensic science.
21        (6) Collect and analyze information related to the
22    impact of current laws, rules, policies, and practices on
23    forensic crime laboratories and the practice of forensic
24    science; evaluate the impact of those laws, rules,
25    policies, and practices on forensic crime laboratories and
26    the practice of forensic science; identify new policies

 

 

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1    and approaches, together with changes in science, and
2    technology; and make recommendations for changes to those
3    laws, rules, policies, and practices that will yield
4    better results in the criminal justice system consistent
5    with the sound practice of forensic science.
6        (7) Perform such other studies or tasks pertaining to
7    forensic crime laboratories as may be requested by the
8    General Assembly by resolution or the Governor, and
9    perform such other functions as may be required by law or
10    as are necessary to carry out the purposes and goals of the
11    Commission prescribed in this Section.
12        (8) Ensure that adequate resources and facilities are
13    available for carrying out the changes proposed in
14    legislation and that rational priorities are established
15    for the use of those resources.
16    To do so, the Commission shall prepare Forensic Laboratory
17Impact Notes identifying the fiscal and practical effects of
18proposed legislation according to the provisions of the
19Forensic Laboratory Impact Note Act, including, but not
20limited to, staffing, resources, and a professional opinion on
21the value of the change or changes proposed and related
22science.
23    (c) Members. The Commission shall be composed of the
24Director of the Illinois State Police, or his or her designee,
25together with the following members appointed for a term of 4
26years by the Governor with the advice and consent of the

 

 

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1Senate:
2        (1) One crime laboratory director or administrator
3    from each publicly-funded forensic laboratory system.
4        (2) One member with experience in the admission of
5    forensic evidence in trials from a statewide association
6    representing prosecutors.
7        (3) One member with experience in the admission of
8    forensic evidence in trials from a statewide association
9    representing criminal defense attorneys.
10        (4) Three forensic scientists with bench work
11    background from various forensic disciplines (e.g., DNA,
12    chemistry, pattern evidence, etc.).
13        (5) One retired circuit court judge or associate
14    circuit court judge with criminal trial experience,
15    including experience in the admission of forensic evidence
16    in trials.
17        (6) One academic specializing in the field of forensic
18    sciences.
19        (7) One or more community representatives (e.g.,
20    victim advocates, innocence project organizations, sexual
21    assault examiners, etc.).
22    The Governor shall designate one of the members of the
23Commission to serve as the chair of the Commission. The
24members of the Commission shall elect from their number such
25other officers as they may determine. Members of the
26Commission shall serve without compensation, but may be

 

 

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1reimbursed for reasonable expenses incurred in the performance
2of their duties from funds appropriated for that purpose.
3    (d) Subcommittees. The Commission may form subcommittees
4to study specific issues identified under paragraph (3) of
5subsection (b), including, but not limited to, subcommittees
6on education and training, procurement, funding and hiring. Ad
7hoc subcommittees may also be convened to address other
8issues. Such subcommittees shall meet as needed to complete
9their work, and shall report their findings back to the
10Commission. Subcommittees shall include members of the
11Commission, and may also include non-members such as forensic
12science stakeholders and subject matter experts.
13    (e) Meetings. The Commission shall meet quarterly, at the
14call of the chairperson. Facilities for meeting, whether
15remotely or in person, shall be provided for the Commission by
16the Illinois State Police.
17    (f) Reporting by publicly-funded forensic laboratories.
18All State and local publicly-funded forensic laboratory
19systems, including, but not limited to, the DuPage County
20Forensic Science Center, the Northeastern Illinois Regional
21Crime Laboratory, and the Illinois State Police, shall
22annually provide to the Commission a report summarizing its
23significant non-conformities with the efficient delivery of
24forensic services and the sound practice of forensic science.
25The report will identify: each significant non-conformity or
26deficient method; how the non-conformity or deficient method

 

 

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1was detected; the nature and extent of the non-conformity or
2deficient method; all corrective actions implemented to
3address the non-conformity or deficient method; and an
4analysis of the effectiveness of the corrective actions taken.
5    (g) Definition. As used in this Section, "Commission"
6means the Illinois Forensic Science Commission.
 
7    Section 60. The Code of Criminal Procedure of 1963 is
8amended by adding Sections 111-9 and 116-6 as follows:
 
9    (725 ILCS 5/111-9 new)
10    Sec. 111-9. Notification to forensic laboratories. Unless
11the Supreme Court shall by Rule provide otherwise, upon
12disposition, withdrawal, or dismissal of any charge, the
13State's Attorney shall promptly notify the forensic laboratory
14or laboratories in possession of evidence, reports, or other
15materials or information related to that charge. Notification
16may be given by any reasonable means under the circumstances,
17including, but not limited to, the Illinois State Police
18Laboratory Information Management System, email, or telephone.
 
19    Section 65. The Sexual Assault Evidence Submission Act is
20amended by changing Section 50 as follows:
 
21    (725 ILCS 202/50)
22    Sec. 50. Sexual assault evidence tracking system.

 

 

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1    (a) On June 26, 2018, the Sexual Assault Evidence Tracking
2and Reporting Commission issued its report as required under
3Section 43. It is the intention of the General Assembly in
4enacting the provisions of this amendatory Act of the 101st
5General Assembly to implement the recommendations of the
6Sexual Assault Evidence Tracking and Reporting Commission set
7forth in that report in a manner that utilizes the current
8resources of law enforcement agencies whenever possible and
9that is adaptable to changing technologies and circumstances.
10    (a-1) Due to the complex nature of a statewide tracking
11system for sexual assault evidence and to ensure all
12stakeholders, including, but not limited to, victims and their
13designees, health care facilities, law enforcement agencies,
14forensic labs, and State's Attorneys offices are integrated,
15the Commission recommended the purchase of an electronic
16off-the-shelf tracking system. The system must be able to
17communicate with all stakeholders and provide real-time
18information to a victim or his or her designee on the status of
19the evidence that was collected. The sexual assault evidence
20tracking system must:
21        (1) be electronic and web-based;
22        (2) be administered by the Department of State Police;
23        (3) have help desk availability at all times;
24        (4) ensure the law enforcement agency contact
25    information is accessible to the victim or his or her
26    designee through the tracking system, so there is contact

 

 

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1    information for questions;
2        (5) have the option for external connectivity to
3    evidence management systems, laboratory information
4    management systems, or other electronic data systems
5    already in existence by any of the stakeholders to
6    minimize additional burdens or tasks on stakeholders;
7        (6) allow for the victim to opt in for automatic
8    notifications when status updates are entered in the
9    system, if the system allows;
10        (7) include at each step in the process, a brief
11    explanation of the general purpose of that step and a
12    general indication of how long the step may take to
13    complete;
14        (8) contain minimum fields for tracking and reporting,
15    as follows:
16            (A) for sexual assault evidence kit vendor fields:
17                (i) each sexual evidence kit identification
18            number provided to each health care facility; and
19                (ii) the date the sexual evidence kit was sent
20            to the health care facility.
21            (B) for health care facility fields:
22                (i) the date sexual assault evidence was
23            collected; and
24                (ii) the date notification was made to the law
25            enforcement agency that the sexual assault
26            evidence was collected.

 

 

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1            (C) for law enforcement agency fields:
2                (i) the date the law enforcement agency took
3            possession of the sexual assault evidence from the
4            health care facility, another law enforcement
5            agency, or victim if he or she did not go through a
6            health care facility;
7                (ii) the law enforcement agency complaint
8            number;
9                (iii) if the law enforcement agency that takes
10            possession of the sexual assault evidence from a
11            health care facility is not the law enforcement
12            agency with jurisdiction in which the offense
13            occurred, the date when the law enforcement agency
14            notified the law enforcement agency having
15            jurisdiction that the agency has sexual assault
16            evidence required under subsection (c) of Section
17            20 of the Sexual Assault Incident Procedure Act;
18                (iv) an indication if the victim consented for
19            analysis of the sexual assault evidence;
20                (v) if the victim did not consent for analysis
21            of the sexual assault evidence, the date on which
22            the law enforcement agency is no longer required
23            to store the sexual assault evidence;
24                (vi) a mechanism for the law enforcement
25            agency to document why the sexual assault evidence
26            was not submitted to the laboratory for analysis,

 

 

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1            if applicable;
2                (vii) the date the law enforcement agency
3            received the sexual assault evidence results back
4            from the laboratory;
5                (viii) the date statutory notifications were
6            made to the victim or documentation of why
7            notification was not made; and
8                (ix) the date the law enforcement agency
9            turned over the case information to the State's
10            Attorney office, if applicable.
11            (D) for forensic lab fields:
12                (i) the date the sexual assault evidence is
13            received from the law enforcement agency by the
14            forensic lab for analysis;
15                (ii) the laboratory case number, visible to
16            the law enforcement agency and State's Attorney
17            office; and
18                (iii) the date the laboratory completes the
19            analysis of the sexual assault evidence.
20            (E) for State's Attorney office fields:
21                (i) the date the State's Attorney office
22            received the sexual assault evidence results from
23            the laboratory, if applicable; and
24                (ii) the disposition or status of the case.
25    (a-2) The Commission also developed guidelines for secure
26electronic access to a tracking system for a victim, or his or

 

 

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1her designee to access information on the status of the
2evidence collected. The Commission recommended minimum
3guidelines in order to safeguard confidentiality of the
4information contained within this statewide tracking system.
5These recommendations are that the sexual assault evidence
6tracking system must:
7        (1) allow for secure access, controlled by an
8    administering body who can restrict user access and allow
9    different permissions based on the need of that particular
10    user and health care facility users may include
11    out-of-state border hospitals, if authorized by the
12    Department of State Police to obtain this State's kits
13    from vendor;
14        (2) provide for users, other than victims, the ability
15    to provide for any individual who is granted access to the
16    program their own unique user ID and password;
17        (3) provide for a mechanism for a victim to enter the
18    system and only access his or her own information;
19        (4) enable a sexual assault evidence to be tracked and
20    identified through the unique sexual assault evidence kit
21    identification number or barcode that the vendor applies
22    to each sexual assault evidence kit per the Department of
23    State Police's contract;
24        (5) have a mechanism to inventory unused kits provided
25    to a health care facility from the vendor;
26        (6) provide users the option to either scan the bar

 

 

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1    code or manually enter the sexual assault evidence kit
2    number into the tracking program;
3        (7) provide a mechanism to create a separate unique
4    identification number for cases in which a sexual evidence
5    kit was not collected, but other evidence was collected;
6        (8) provide the ability to record date, time, and user
7    ID whenever any user accesses the system;
8        (9) provide for real-time entry and update of data;
9        (10) contain report functions including:
10            (A) health care facility compliance with
11        applicable laws;
12            (B) law enforcement agency compliance with
13        applicable laws;
14            (C) law enforcement agency annual inventory of
15        cases to each State's Attorney office; and
16            (D) forensic lab compliance with applicable laws;
17        and
18        (11) provide automatic notifications to the law
19    enforcement agency when:
20            (A) a health care facility has collected sexual
21        assault evidence;
22            (B) unreleased sexual assault evidence that is
23        being stored by the law enforcement agency has met the
24        minimum storage requirement by law; and
25            (C) timelines as required by law are not met for a
26        particular case, if not otherwise documented.

 

 

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1    (b) The Department may shall develop rules to implement a
2sexual assault evidence tracking system that conforms with
3subsections (a-1) and (a-2) of this Section. The Department
4shall design the criteria for the sexual assault evidence
5tracking system so that, to the extent reasonably possible,
6the system can use existing technologies and products,
7including, but not limited to, currently available tracking
8systems. The sexual assault evidence tracking system shall be
9operational and shall begin tracking and reporting sexual
10assault evidence no later than one year after the effective
11date of this amendatory Act of the 101st General Assembly. The
12Department may adopt additional rules as it deems necessary to
13ensure that the sexual assault evidence tracking system
14continues to be a useful tool for law enforcement.
15    (c) A treatment hospital, a treatment hospital with
16approved pediatric transfer, an out-of-state hospital approved
17by the Department of Public Health to receive transfers of
18Illinois sexual assault survivors, or an approved pediatric
19health care facility defined in Section 1a of the Sexual
20Assault Survivors Emergency Treatment Act shall participate in
21the sexual assault evidence tracking system created under this
22Section and in accordance with rules adopted under subsection
23(b), including, but not limited to, the collection of sexual
24assault evidence and providing information regarding that
25evidence, including, but not limited to, providing notice to
26law enforcement that the evidence has been collected.

 

 

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1    (d) The operations of the sexual assault evidence tracking
2system shall be funded by moneys appropriated for that purpose
3from the State Crime Laboratory Fund and funds provided to the
4Department through asset forfeiture, together with such other
5funds as the General Assembly may appropriate.
6    (e) To ensure that the sexual assault evidence tracking
7system is operational, the Department may adopt emergency
8rules to implement the provisions of this Section under
9subsection (ff) of Section 5-45 of the Illinois Administrative
10Procedure Act.
11    (f) Information, including, but not limited to, evidence
12and records in the sexual assault evidence tracking system is
13exempt from disclosure under the Freedom of Information Act.
14(Source: P.A. 101-377, eff. 8-16-19.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".