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Public Act 102-0523


 

Public Act 0523 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0523
 
SB0920 EnrolledLRB102 04768 RJF 14787 b

    AN ACT concerning government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Department of State Police Law of the Civil
Administrative Code of Illinois is amended by adding Section
2605-615 as follows:
 
    (20 ILCS 2605/2605-615 new)
    Sec. 2605-615. Illinois Forensic Science Commission.
    (a) Creation. There is created within the Illinois State
Police the Illinois Forensic Science Commission.
    (b) Duties and purpose. The Commission shall:
        (1) Provide guidance to ensure the efficient delivery
    of forensic services and the sound practice of forensic
    science.
        (2) Provide a forum for discussions between forensic
    science stakeholders to improve communication and
    coordination and to monitor the important issues impacting
    all stakeholders.
        (3) Take a systems-based approach in reviewing all
    aspects of the delivery of forensic services and the sound
    practice of forensic science with the goal of reducing or
    eliminating the factors and inefficiencies that contribute
    to backlogs and errors, with a focus on education and
    training, funding, hiring, procurement, and other aspects
    identified by the Commission.
        (4) Review significant non-conformities with the sound
    practice of forensic science documented by each publicly
    funded forensic laboratory and offer recommendations for
    the correction thereof.
        (5) Subject to appropriation, provide educational,
    research, and professional training opportunities for
    practicing forensic scientists, police officers, judges,
    State's Attorneys and Assistant State's Attorneys, Public
    Defenders, and defense attorneys comporting with the sound
    practice of forensic science.
        (6) Collect and analyze information related to the
    impact of current laws, rules, policies, and practices on
    forensic crime laboratories and the practice of forensic
    science; evaluate the impact of those laws, rules,
    policies, and practices on forensic crime laboratories and
    the practice of forensic science; identify new policies
    and approaches, together with changes in science, and
    technology; and make recommendations for changes to those
    laws, rules, policies, and practices that will yield
    better results in the criminal justice system consistent
    with the sound practice of forensic science.
        (7) Perform such other studies or tasks pertaining to
    forensic crime laboratories as may be requested by the
    General Assembly by resolution or the Governor, and
    perform such other functions as may be required by law or
    as are necessary to carry out the purposes and goals of the
    Commission prescribed in this Section.
        (8) Ensure that adequate resources and facilities are
    available for carrying out the changes proposed in
    legislation, rules, or policies and that rational
    priorities are established for the use of those resources.
    To do so, the Commission may prepare statements to the
    Governor and General Assembly identifying the fiscal and
    practical effects of proposed legislation, rules, or
    policy changes. Such statements may include, but are not
    limited to: the impact on present levels of staffing and
    resources; a professional opinion on the practical value
    of the change or changes; the increase or decrease the
    number of crime laboratories; the increase or decrease the
    cost of operating crime laboratories; the impact on
    efficiencies and caseloads; other information, including
    but not limited to, facts, data, research, and science
    relevant to the legislation, rule, or policy; the direct
    or indirect alteration in any process involving or used by
    crime laboratories of such proposed legislation, rules, or
    policy changes; an analysis of the impact, either directly
    or indirectly, on the technology, improvements, or
    practices of forensic analyses for use in criminal
    proceedings; together with the direct or indirect impact
    on headcount, space, equipment, instruments,
    accreditation, the volume of cases for analysis,
    scientific controls, and quality assurance.
    (c) Members. The Commission shall be composed of the
Director of the Illinois State Police, or his or her designee,
together with the following members appointed for a term of 4
years by the Governor with the advice and consent of the
Senate:
        (1) One crime laboratory director or administrator
    from each publicly funded forensic laboratory system.
        (2) One member with experience in the admission of
    forensic evidence in trials from a statewide association
    representing prosecutors.
        (3) One member with experience in the admission of
    forensic evidence in trials from a statewide association
    representing criminal defense attorneys.
        (4) Three forensic scientists with bench work
    background from various forensic disciplines (e.g., DNA,
    chemistry, pattern evidence, etc.).
        (5) One retired circuit court judge or associate
    circuit court judge with criminal trial experience,
    including experience in the admission of forensic evidence
    in trials.
        (6) One academic specializing in the field of forensic
    sciences.
        (7) One or more community representatives (e.g.,
    victim advocates, innocence project organizations, sexual
    assault examiners, etc.).
    The Governor shall designate one of the members of the
Commission to serve as the chair of the Commission. The
members of the Commission shall elect from their number such
other officers as they may determine. Members of the
Commission shall serve without compensation, but may be
reimbursed for reasonable expenses incurred in the performance
of their duties from funds appropriated for that purpose.
    (d) Subcommittees. The Commission may form subcommittees
to study specific issues identified under paragraph (3) of
subsection (b), including, but not limited to, subcommittees
on education and training, procurement, funding and hiring. Ad
hoc subcommittees may also be convened to address other
issues. Such subcommittees shall meet as needed to complete
their work, and shall report their findings back to the
Commission. Subcommittees shall include members of the
Commission, and may also include non-members such as forensic
science stakeholders and subject matter experts.
    (e) Meetings. The Commission shall meet quarterly, at the
call of the chairperson. Facilities for meeting, whether
remotely or in person, shall be provided for the Commission by
the Illinois State Police.
    (f) Reporting by publicly funded forensic laboratories.
All State and local publicly funded forensic laboratory
systems, including, but not limited to, the DuPage County
Forensic Science Center, the Northeastern Illinois Regional
Crime Laboratory, and the Illinois State Police, shall
annually provide to the Commission a report summarizing its
significant non-conformities with the efficient delivery of
forensic services and the sound practice of forensic science.
The report will identify: each significant non-conformity or
deficient method; how the non-conformity or deficient method
was detected; the nature and extent of the non-conformity or
deficient method; all corrective actions implemented to
address the non-conformity or deficient method; and an
analysis of the effectiveness of the corrective actions taken.
    (g) Definition. As used in this Section, "Commission"
means the Illinois Forensic Science Commission.
 
    Section 10. The Code of Criminal Procedure of 1963 is
amended by adding Sections 111-9 and 116-6 as follows:
 
    (725 ILCS 5/111-9 new)
    Sec. 111-9. Notification to forensic laboratories. Unless
the Supreme Court shall by Rule provide otherwise, upon
disposition, withdrawal, or dismissal of any charge, the
State's Attorney shall promptly notify the forensic laboratory
or laboratories in possession of evidence, reports, or other
materials or information related to that charge. Notification
may be given by any reasonable means under the circumstances,
including, but not limited to, the Illinois State Police
Laboratory Information Management System, email, or telephone.
 
    Section 15. The Sexual Assault Evidence Submission Act is
amended by changing Section 50 as follows:
 
    (725 ILCS 202/50)
    Sec. 50. Sexual assault evidence tracking system.
    (a) On June 26, 2018, the Sexual Assault Evidence Tracking
and Reporting Commission issued its report as required under
Section 43. It is the intention of the General Assembly in
enacting the provisions of this amendatory Act of the 101st
General Assembly to implement the recommendations of the
Sexual Assault Evidence Tracking and Reporting Commission set
forth in that report in a manner that utilizes the current
resources of law enforcement agencies whenever possible and
that is adaptable to changing technologies and circumstances.
    (a-1) Due to the complex nature of a statewide tracking
system for sexual assault evidence and to ensure all
stakeholders, including, but not limited to, victims and their
designees, health care facilities, law enforcement agencies,
forensic labs, and State's Attorneys offices are integrated,
the Commission recommended the purchase of an electronic
off-the-shelf tracking system. The system must be able to
communicate with all stakeholders and provide real-time
information to a victim or his or her designee on the status of
the evidence that was collected. The sexual assault evidence
tracking system must:
        (1) be electronic and web-based;
        (2) be administered by the Department of State Police;
        (3) have help desk availability at all times;
        (4) ensure the law enforcement agency contact
    information is accessible to the victim or his or her
    designee through the tracking system, so there is contact
    information for questions;
        (5) have the option for external connectivity to
    evidence management systems, laboratory information
    management systems, or other electronic data systems
    already in existence by any of the stakeholders to
    minimize additional burdens or tasks on stakeholders;
        (6) allow for the victim to opt in for automatic
    notifications when status updates are entered in the
    system, if the system allows;
        (7) include at each step in the process, a brief
    explanation of the general purpose of that step and a
    general indication of how long the step may take to
    complete;
        (8) contain minimum fields for tracking and reporting,
    as follows:
            (A) for sexual assault evidence kit vendor fields:
                (i) each sexual evidence kit identification
            number provided to each health care facility; and
                (ii) the date the sexual evidence kit was sent
            to the health care facility.
            (B) for health care facility fields:
                (i) the date sexual assault evidence was
            collected; and
                (ii) the date notification was made to the law
            enforcement agency that the sexual assault
            evidence was collected.
            (C) for law enforcement agency fields:
                (i) the date the law enforcement agency took
            possession of the sexual assault evidence from the
            health care facility, another law enforcement
            agency, or victim if he or she did not go through a
            health care facility;
                (ii) the law enforcement agency complaint
            number;
                (iii) if the law enforcement agency that takes
            possession of the sexual assault evidence from a
            health care facility is not the law enforcement
            agency with jurisdiction in which the offense
            occurred, the date when the law enforcement agency
            notified the law enforcement agency having
            jurisdiction that the agency has sexual assault
            evidence required under subsection (c) of Section
            20 of the Sexual Assault Incident Procedure Act;
                (iv) an indication if the victim consented for
            analysis of the sexual assault evidence;
                (v) if the victim did not consent for analysis
            of the sexual assault evidence, the date on which
            the law enforcement agency is no longer required
            to store the sexual assault evidence;
                (vi) a mechanism for the law enforcement
            agency to document why the sexual assault evidence
            was not submitted to the laboratory for analysis,
            if applicable;
                (vii) the date the law enforcement agency
            received the sexual assault evidence results back
            from the laboratory;
                (viii) the date statutory notifications were
            made to the victim or documentation of why
            notification was not made; and
                (ix) the date the law enforcement agency
            turned over the case information to the State's
            Attorney office, if applicable.
            (D) for forensic lab fields:
                (i) the date the sexual assault evidence is
            received from the law enforcement agency by the
            forensic lab for analysis;
                (ii) the laboratory case number, visible to
            the law enforcement agency and State's Attorney
            office; and
                (iii) the date the laboratory completes the
            analysis of the sexual assault evidence.
            (E) for State's Attorney office fields:
                (i) the date the State's Attorney office
            received the sexual assault evidence results from
            the laboratory, if applicable; and
                (ii) the disposition or status of the case.
    (a-2) The Commission also developed guidelines for secure
electronic access to a tracking system for a victim, or his or
her designee to access information on the status of the
evidence collected. The Commission recommended minimum
guidelines in order to safeguard confidentiality of the
information contained within this statewide tracking system.
These recommendations are that the sexual assault evidence
tracking system must:
        (1) allow for secure access, controlled by an
    administering body who can restrict user access and allow
    different permissions based on the need of that particular
    user and health care facility users may include
    out-of-state border hospitals, if authorized by the
    Department of State Police to obtain this State's kits
    from vendor;
        (2) provide for users, other than victims, the ability
    to provide for any individual who is granted access to the
    program their own unique user ID and password;
        (3) provide for a mechanism for a victim to enter the
    system and only access his or her own information;
        (4) enable a sexual assault evidence to be tracked and
    identified through the unique sexual assault evidence kit
    identification number or barcode that the vendor applies
    to each sexual assault evidence kit per the Department of
    State Police's contract;
        (5) have a mechanism to inventory unused kits provided
    to a health care facility from the vendor;
        (6) provide users the option to either scan the bar
    code or manually enter the sexual assault evidence kit
    number into the tracking program;
        (7) provide a mechanism to create a separate unique
    identification number for cases in which a sexual evidence
    kit was not collected, but other evidence was collected;
        (8) provide the ability to record date, time, and user
    ID whenever any user accesses the system;
        (9) provide for real-time entry and update of data;
        (10) contain report functions including:
            (A) health care facility compliance with
        applicable laws;
            (B) law enforcement agency compliance with
        applicable laws;
            (C) law enforcement agency annual inventory of
        cases to each State's Attorney office; and
            (D) forensic lab compliance with applicable laws;
        and
        (11) provide automatic notifications to the law
    enforcement agency when:
            (A) a health care facility has collected sexual
        assault evidence;
            (B) unreleased sexual assault evidence that is
        being stored by the law enforcement agency has met the
        minimum storage requirement by law; and
            (C) timelines as required by law are not met for a
        particular case, if not otherwise documented.
    (b) The Department may shall develop rules to implement a
sexual assault evidence tracking system that conforms with
subsections (a-1) and (a-2) of this Section. The Department
shall design the criteria for the sexual assault evidence
tracking system so that, to the extent reasonably possible,
the system can use existing technologies and products,
including, but not limited to, currently available tracking
systems. The sexual assault evidence tracking system shall be
operational and shall begin tracking and reporting sexual
assault evidence no later than one year after the effective
date of this amendatory Act of the 101st General Assembly. The
Department may adopt additional rules as it deems necessary to
ensure that the sexual assault evidence tracking system
continues to be a useful tool for law enforcement.
    (c) A treatment hospital, a treatment hospital with
approved pediatric transfer, an out-of-state hospital approved
by the Department of Public Health to receive transfers of
Illinois sexual assault survivors, or an approved pediatric
health care facility defined in Section 1a of the Sexual
Assault Survivors Emergency Treatment Act shall participate in
the sexual assault evidence tracking system created under this
Section and in accordance with rules adopted under subsection
(b), including, but not limited to, the collection of sexual
assault evidence and providing information regarding that
evidence, including, but not limited to, providing notice to
law enforcement that the evidence has been collected.
    (d) The operations of the sexual assault evidence tracking
system shall be funded by moneys appropriated for that purpose
from the State Crime Laboratory Fund and funds provided to the
Department through asset forfeiture, together with such other
funds as the General Assembly may appropriate.
    (e) To ensure that the sexual assault evidence tracking
system is operational, the Department may adopt emergency
rules to implement the provisions of this Section under
subsection (ff) of Section 5-45 of the Illinois Administrative
Procedure Act.
    (f) Information, including, but not limited to, evidence
and records in the sexual assault evidence tracking system is
exempt from disclosure under the Freedom of Information Act.
(Source: P.A. 101-377, eff. 8-16-19.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/20/2021