Illinois General Assembly

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 Bill Status of HB0448  95th General Assembly


Short Description:  CD CORR-ANALYZE DNA SAMPLES

House Sponsors
Rep. Jim Durkin - Patricia R. Bellock - Jim Sacia - Susana A Mendoza - JoAnn D. Osmond

Senate Sponsors
(Sen. Ira I. Silverstein )

Last Action
DateChamber Action
  1/13/2009HouseSession Sine Die

Statutes Amended In Order of Appearance
730 ILCS 5/5-4-3from Ch. 38, par. 1005-4-3


Synopsis As Introduced
Amends the Unified Code of Corrections. Provides that the Illinois Department of State Police shall, within 30 days after sentencing, collect and analyze DNA samples required to be submitted by a person who has been convicted of a felony.

House Floor Amendment No. 2
Adds reference to:
20 ILCS 2605/2605-40was 20 ILCS 2605/55a-4
725 ILCS 5/116-3

Deletes everything after the enacting clause. Reinserts the provisions of the bill but provides that the testing shall begin after the Department has received the DNA samples. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that a forensic laboratory must establish and carry out procedures to ensure, upon subpoena request by prosecution or defense counsel, complete disclosure in legal proceedings. Provides that disclosure shall include all reports, notes, and conversation logs, quality assurance and quality control (QA/QC) documentation, protocol and procedure manuals, command directives and other statements of procedure and policy relating to forensic testing, validation studies, documentation relating to corrective actions and remedial actions, incidents, incident logs, errors, and incidents of contamination, proficiency tests, and results, unless the disclosure would be burdensome or duplicative, or both, and is relevant to the case in which the subpoena has been issued. Amends the Code of Criminal Procedure of 1963. Provides that when forensic DNA testing is requested, and the testing is to be performed on or after the effective date of the amendatory Act, the forensic DNA testing shall be performed by a forensic laboratory, private laboratory, or subcontractor and shall be an American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB) accredited laboratory or an International Organization for Standardization (ISO) accredited laboratory, unless upon written motion and after hearing arguments or evidence, or both, the court may order the DNA testing be performed by a laboratory that is not ASCLD/LAB or ISO accredited. Amends the Unified Code of Corrections. Provides that neither the Department of State Police, the Division of Forensic Services, nor any laboratory of the Division of Forensic Services may contract out forensic testing for the purpose of an active investigation or a matter pending before a court of competent jurisdiction without the written consent of the prosecuting agency. Provides that on and after the effective date of the amendatory Act, the Illinois Department of State Police shall, within 30 days after sentencing or disposition and receipt by the Department thereof from the forwarding agency, analyze DNA samples required to be submitted by a person who has been convicted of a felony that is a qualifying offense.

Actions 
DateChamber Action
  1/26/2007HouseFiled with the Clerk by Rep. Jim Durkin
  1/26/2007HouseFirst Reading
  1/26/2007HouseReferred to Rules Committee
  1/31/2007HouseAssigned to Judiciary II - Criminal Law Committee
  2/5/2007HouseAdded Chief Co-Sponsor Rep. Patricia R. Bellock
  3/8/2007HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 012-001-000
  3/8/2007HousePlaced on Calendar 2nd Reading - Short Debate
  3/20/2007HouseMotion to Suspend Rule 25 - Prevailed
  4/19/2007HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Jim Durkin
  4/19/2007HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/23/2007HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Jim Durkin
  4/23/2007HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/23/2007HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary II - Criminal Law Committee
  4/25/2007HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 005-000-000
  4/25/2007HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary II - Criminal Law Committee; 011-000-000
  4/25/2007HouseSecond Reading - Short Debate
  4/25/2007HouseHouse Floor Amendment No. 1 Withdrawn by Rep. Jim Durkin
  4/25/2007HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  4/25/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/27/2007HouseThird Reading - Short Debate - Passed 116-000-000
  4/27/2007HouseAdded Chief Co-Sponsor Rep. Jim Sacia
  4/27/2007HouseAdded Chief Co-Sponsor Rep. Susana A Mendoza
  4/27/2007HouseAdded Chief Co-Sponsor Rep. JoAnn D. Osmond
  5/1/2007SenateArrive in Senate
  5/1/2007SenatePlaced on Calendar Order of First Reading
  5/1/2007SenateChief Senate Sponsor Sen. Ira I. Silverstein
  5/1/2007SenateFirst Reading
  5/1/2007SenateReferred to Rules
  5/15/2008SenateRule 2-10 Committee Deadline Established As May 22, 2008; Substantive House Bills Out of Committee
  1/13/2009HouseSession Sine Die

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