HJ0007ham001 101ST GENERAL ASSEMBLY

HJ0007HAM001 LRB101 04007 MST 56245 a

AMENDMENT TO HOUSE JOINT RESOLUTION 7

AMENDMENT NO. ___. Amend House Joint Resolution 7 by replacing everything after the heading with the following:

"WHEREAS, In order to minimize the serious impact of all types of crime, especially violent crime, upon Illinois residents, it is necessary for Illinois to be protected by a crime lab that is operated by the Illinois State Police in a manner that complies with state-of-the-art specifications for the rapid processing of evidence and identification of criminal suspects; and

WHEREAS, In response to this need, the Illinois State Police has established a Division of Forensic Services, commonly referred to as the "State crime lab"; and

WHEREAS, It has been nationally recognized for several years that there is a serious backlog of biological evidence to be processed in the time required for the establishment of admissible forensic evidence after that forensic evidence has been recovered from crime scenes, processed by law enforcement, and transferred to crime laboratories; and

WHEREAS, This backlog in the examination process includes numerous cases where the processing of evidence collected following incidents of violent crimes, including murders, shootings, and criminal sexual assaults, is seriously delayed; and

WHEREAS, It typically takes at least one year for biological evidence to be processed by the Illinois State Police crime lab; and

WHEREAS, DNA evidence is critical to the solution of crimes, especially in murder cases and sexual assaults, where the biological evidence may be the last resort, the only thing tying a murderer or rapist to a crime scene and a victim in a way that can be proved in a court of law; and

WHEREAS, In today's climate where police and prosecutors are increasingly scrutinized about their procedures, DNA evidence is crucial to the successful prosecution of criminal cases in the courtroom; and

WHEREAS, Modern biochemistry has developed the Rapid DNA system, a system to enable the fully automated generation of a full DNA profile from a cheek swab without human intervention; the ability of Rapid DNA to carry out the efficient profiling of criminal suspects has led Congress to pass the federal Rapid DNA Act of 2017, which has been signed into federal law as P.L. 115-50; and

WHEREAS, The Federal Bureau of Investigation (FBI) will conduct a pilot study in Arizona, California, Florida, Louisiana, and Texas in 2019 to evaluate Rapid DNA instrumentation in booking stations where buccal (cheek) swab samples will be processed from individuals arrested, indicted, or convicted of specific criminal offenses, and, upon completion of this pilot study, the FBI will identify NDIS-approved Rapid DNA instrumentation for use in booking stations; and

WHEREAS, This federal law directs the FBI to issue standards and procedures to create a nationwide police protocol for using Rapid DNA instruments to analyze DNA samples of criminal offenders and criminal suspects and to compile the data gathered therein within the Combined DNA Index System or CODIS; and

WHEREAS, The 50 states and their residents will not enjoy the benefits of Rapid DNA technology and the ability to conduct instant CODIS identification of criminal suspects who have already been taken into custody until they take steps to comply with the protocol outlined in the Rapid DNA Act of 2017 and implemented by FBI standards and procedures; and

WHEREAS, The usefulness of the CODIS system as a nationwide database will depend upon the relative compliance of local law enforcement throughout all 50 states; for reasons of both local criminal justice and so that our State can do its part, it is essential that Illinois law enforcement be granted the support tools they need to appropriately deploy the Rapid DNA instrumentation in booking stations and forensic laboratories accredited in DNA analysis across Illinois; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that the Auditor General is directed to conduct a compliance examination and information system audit of the Department of State Police, the Department of Innovation and Technology, the Department of Corrections, and any State, county, or local law enforcement agency which utilizes State funds to identify and apprehend criminal offenders; and be it further

RESOLVED, That the audit include, but not be limited to, an examination of equipment, procedures, staffing levels, required legislation, administrative rules, funding, and information technology infrastructure, including status and recommended improvements to Illinois' DNA arrestee submission law to fully take advantage of Rapid DNA technology, with the goal of identifying and reporting to the General Assembly as soon as possible on barriers and choke points in the way of Illinois State Police, local law enforcement, booking stations, and accredited NDIS-participating forensic laboratories across Illinois enabling full compliance with existing and future protocols approved by the FBI created by the federal Rapid DNA Act of 2017; and be it further

RESOLVED, That the Illinois State Police, the Department of Innovation and Technology, the Department of Corrections, any State agency and any Illinois law enforcement agency which utilizes State funds to identify and apprehend criminal offenders are directed to comply fully and promptly with all features of this audit, including elements aimed at identifying the increased personnel and budgetary support required for the Illinois State Police, local law enforcement, and the entire Illinois criminal justice community to appropriately utilize Rapid DNA instrumentation to achieve full compliance; and be it further

RESOLVED, That the Auditor General commence this audit as soon as possible and report his findings and recommendations upon completion in accordance with the provisions of Section 3-14 of the Illinois State Auditing Act; and be it further

RESOLVED, That the Department of State Police, the Department of Innovation and Technology, the Department of Corrections, and any other State agencies or Illinois law enforcement agencies that receive State funds are directed to comply fully and promptly with all features of this examination and audit, including elements aimed at identifying increased funding for the Illinois criminal justice community to appropriately utilize Rapid DNA instrumentation; and be it further

RESOLVED, That the Illinois State Police and its Division of Forensic Services are directed to take all steps possible to achieve compliance, or partial compliance, with the federal Rapid DNA Act of 2017 on the statewide crime lab level to fulfill implementation of any recommendations handed down by the Auditor General; and be it further

RESOLVED, That we express continued support to all of Illinois law enforcement, including but not limited to the Illinois State Police, for their tireless and courageous work to maintain public security in the face of growing challenges created by drug violence and other social trends; and be it further

RESOLVED, That suitable copies of this resolution be delivered to the Governor of Illinois, the Director of State Police, Col. Sean Cormier of the Illinois State Police Division of Forensic Services-Forensic Sciences Command, and Auditor General Frank J. Mautino."