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| Public Act 093-0784 |
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AN ACT concerning forensic laboratory oversight.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Illinois Laboratory Advisory Committee Act. | ||||
Section 5. Illinois Laboratory Advisory Committee; | ||||
creation. | ||||
(a) There is created the Illinois Laboratory Advisory | ||||
Committee (hereinafter referred to as the Committee).
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(b) The Committee shall consist of 15 members appointed as | ||||
follows:
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(1) one member who is a scientist from the Department | ||||
of Agriculture, appointed by the Director of Agriculture; | ||||
(2) one member who is a scientist from the Department | ||||
of Natural Resources, appointed by the Director of Natural | ||||
Resources; | ||||
(3) one member who is a scientist from the Department | ||||
of Public Health, appointed by the Director of Public | ||||
Health; | ||||
(4) one member who is a scientist from the Department | ||||
of State Police, appointed by the Director of State Police; | ||||
(5) one member who is a scientist from the | ||||
Environmental Protection Agency, appointed by the Director | ||||
of the Environmental Protection Agency; | ||||
(6) one member who is a scientist from the Illinois | ||||
Emergency Management Agency, appointed by the Director of | ||||
the Illinois Emergency Management Agency; | ||||
(7) one member who is a scientist from the Department | ||||
of Transportation, appointed by the Secretary of | ||||
Transportation; | ||||
(8) one member who is a licensed attorney, with | ||||
expertise in scientific evidence, appointed by the Cook | ||||
County Public Defender;
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(9) one member who is a licensed attorney, with | ||
expertise in scientific evidence, appointed by the Cook | ||
County State's Attorney;
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(10) one member who is a licensed attorney, with | ||
expertise in scientific evidence, appointed by the State | ||
Appellate Defender;
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(11) one member who is a licensed attorney, with | ||
expertise in scientific evidence, appointed by the | ||
Director of the Office of the State's Attorneys Appellate | ||
Prosecutor;
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(12) one member who is a licensed attorney, with | ||
expertise in scientific evidence, appointed by the | ||
Attorney General;
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(13) one member who is an academic scientist with an | ||
advanced degree in life, physical, or medical sciences | ||
appointed by the Attorney General;
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(14) one member who is a scientist employed by the | ||
DuPage County Sheriff's Crime Laboratory appointed by the | ||
DuPage County Sheriff's Crime Laboratory Director; and | ||
(15) one member who is an academic forensic scientist | ||
with an advanced degree in the life, physical, | ||
criminalistic, or medical sciences appointed by the | ||
president of the University of Illinois.
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(c) The Committee Chairperson may appoint one ex officio | ||
member representing private laboratories, and one ex officio | ||
member who is a scientist representing the Northern Illinois | ||
Police Crime Laboratory.
The president of the University of | ||
Illinois may appoint one ex officio member to the Committee | ||
representing social scientists.
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(d) Appointments to the Committee shall be made within 90 | ||
days after the effective date of this Act with the first | ||
meeting of the Committee being held no later than 180 days | ||
following the effective date of this Act. The members of the | ||
Committee shall choose a chairperson from among its members. | ||
The chairperson shall serve a 2-year term and shall be | ||
responsible for convening meetings, setting agendas, and | ||
finalizing reports. | ||
(e) For the purpose of ensuring continuity on the | ||
Committee, each member of the Committee shall serve a 4-year | ||
term except 5 members, chosen at random, who shall serve an | ||
initial term of 2 years, after which they shall be eligible for | ||
reappointment for a term of 4 years. Members shall serve at the | ||
discretion of their appointing authorities.
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(f) Vacancies on the Committee shall be filled in | ||
accordance with subsections (b) and (e). A member of the | ||
Committee appointed to fill a vacancy shall serve for the | ||
unexpired term of the member whom he or she is succeeding. | ||
(g) The Committee shall not be compensated. Travel costs | ||
associated with the Committee shall be reimbursed subject to | ||
the availability of State or the appointing agency's funds. | ||
Funds received from public or private sources shall be governed | ||
by all applicable laws to ensure ethics compliance. There is | ||
established the Illinois Laboratory Advisory Committee Act | ||
Fund in the State treasury into which funds received from | ||
public or private sources shall be deposited for use by the | ||
Committee.
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(h) The Committee and individual members of the Committee | ||
are immune from any liability, whether civil or criminal, for | ||
the good faith performance of the duties of the Committee as | ||
specified in this Section. | ||
(i) No member of the Committee shall be disqualified from | ||
holding public office or employment, nor shall he or she | ||
forfeit any such office or employment, by reason of appointment | ||
under this Act, and members may not be required to take and | ||
file oaths of office before serving on the Committee.
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(j) Responsibilities of the Committee. The Committee | ||
shall:
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(1) establish the rules and procedures concerning the | ||
conduct of Committee meetings and other affairs not | ||
inconsistent with law; | ||
(2) make recommendations regarding improving policy | ||
and procedures to ensure counsel for the defense and | ||
prosecution are receiving all evidence, reports, and | ||
analytical documentation relevant to disclosure; | ||
(3) make recommendations regarding accreditation and | ||
quality assurance as it applies to laboratory testing that | ||
will be in compliance with recognized International | ||
Organization for Standardization and applicable | ||
professional standards; | ||
(4) make recommendations regarding training procedures | ||
to ensure training is conducted consistent with recognized | ||
scientific procedures;
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(5) make recommendations regarding staffing and | ||
funding needs to ensure resources to obtain accurate, | ||
timely, and complete analysis of all samples submitted for | ||
testing; | ||
(6) make recommendations regarding private | ||
laboratories conducting scientific testing, including | ||
forensic testing, to ensure quality assurance and | ||
accreditation standards are in concert with the | ||
governmental laboratories within the State; | ||
(7) make recommendations to ensure consistency among | ||
judicial orders and rulings as it relates to evidence and | ||
discovery; | ||
(8) examine ways to make more efficient use of the | ||
State laboratories, including facilities, personnel, and | ||
equipment;
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(9) examine ways to reduce laboratory backlogs;
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(10) review and comment on the proposed construction, | ||
expansion, or renovation of State laboratory facilities | ||
exceeding $250,000 and generally plan for future | ||
laboratory needs; | ||
(11) conduct such other activities as may be necessary | ||
to provide for the safe and efficient operation of State | ||
laboratories; | ||
(12) make recommendations on other laboratory issues | ||
not listed in this Section as the Committee deems | ||
appropriate; | ||
(13) examine ways to enhance Illinois Homeland | ||
Security through coordination of laboratory services with | ||
the Illinois Terrorism Task Force; | ||
(14) continue to ensure that analysts are provided all | ||
necessary tools and information needed to draw all relevant | ||
scientific conclusions, and consider methods to guarantee | ||
that observations and conclusions are not inadvertently | ||
influenced by extraneous information; and | ||
(15) make annual recommendations in a report filed with | ||
the Governor, General Assembly, and Illinois Supreme Court | ||
to facilitate any of the responsibilities of the Committee. | ||
Reports shall be furnished to all members of the Committee.
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Section 105. The State Finance Act is amended by adding | ||
Section 5.625 as follows: | ||
(30 ILCS 105/5.625 new)
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Sec. 5.625. The Illinois Laboratory Advisory Committee Act | ||
Fund.
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