| ||||
Public Act 102-0523 | ||||
| ||||
| ||||
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. |