Rep. Emily McAsey

Filed: 5/26/2016

 

 


 

 


 
09900SB3096ham001LRB099 17887 SLF 49233 a

1
AMENDMENT TO SENATE BILL 3096

2    AMENDMENT NO. ______. Amend Senate Bill 3096 as follows:
 
3on page 15, line 20, by inserting after "amended" the
4following:
 
5"by changing Sections 2605-40 and 2605-300 and"; and
 
6on page 15, immediately below line 21, by inserting the
7following:
 
8    "(20 ILCS 2605/2605-40)  (was 20 ILCS 2605/55a-4)
9    Sec. 2605-40. Division of Forensic Services. The Division
10of Forensic Services shall exercise the following functions:
11        (1) Exercise the rights, powers, and duties vested by
12    law in the Department by the Criminal Identification Act.
13        (2) Exercise the rights, powers, and duties vested by
14    law in the Department by Section 2605-300 of this Law.

 

 

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1        (3) Provide assistance to local law enforcement
2    agencies through training, management, and consultant
3    services.
4        (4) (Blank).
5        (5) Exercise other duties that may be assigned by the
6    Director in order to fulfill the responsibilities and
7    achieve the purposes of the Department.
8        (6) Establish and operate a forensic science
9    laboratory system, including a forensic toxicological
10    laboratory service, for the purpose of testing specimens
11    submitted by coroners and other law enforcement officers in
12    their efforts to determine whether alcohol, drugs, or
13    poisonous or other toxic substances have been involved in
14    deaths, accidents, or illness. Forensic toxicological
15    laboratories shall be established in Springfield, Chicago,
16    and elsewhere in the State as needed.
17        (6.5) Establish administrative rules in order to set
18    forth standardized requirements for the disclosure of
19    toxicology results and other relevant documents related to
20    a toxicological analysis. These administrative rules are
21    to be adopted to produce uniform and sufficient information
22    to allow a proper, well-informed determination of the
23    admissibility of toxicology evidence and to ensure that
24    this evidence is presented competently. These
25    administrative rules are designed to provide a minimum
26    standard for compliance of toxicology evidence and is not

 

 

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1    intended to limit the production and discovery of material
2    information. These administrative rules shall be submitted
3    by the Department of State Police into the rulemaking
4    process under the Illinois Administrative Procedure Act on
5    or before June 30, 2017.
6        (7) Subject to specific appropriations made for these
7    purposes, establish and coordinate a system for providing
8    accurate and expedited forensic science and other
9    investigative and laboratory services to local law
10    enforcement agencies and local State's Attorneys in aid of
11    the investigation and trial of capital cases.
12(Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00; 91-589,
13eff. 1-1-00; 91-760, eff. 1-1-01.)"; and
 
14on page 18, immediately below line 26, by inserting the
15following:
 
16    "(20 ILCS 2605/2605-300)  (was 20 ILCS 2605/55a in part)
17    Sec. 2605-300. Records; crime laboratories; personnel. To
18do the following:
19        (1) Be a central repository and custodian of criminal
20    statistics for the State.
21        (2) Be a central repository for criminal history record
22    information.
23        (3) Procure and file for record information that is
24    necessary and helpful to plan programs of crime prevention,

 

 

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1    law enforcement, and criminal justice.
2        (4) Procure and file for record copies of fingerprints
3    that may be required by law.
4        (5) Establish general and field crime laboratories.
5        (6) Register and file for record information that may
6    be required by law for the issuance of firearm owner's
7    identification cards under the Firearm Owners
8    Identification Card Act and concealed carry licenses under
9    the Firearm Concealed Carry Act.
10        (7) Employ polygraph operators, laboratory
11    technicians, and other specially qualified persons to aid
12    in the identification of criminal activity.
13        (8) Undertake other identification, information,
14    laboratory, statistical, or registration activities that
15    may be required by law.
16(Source: P.A. 98-63, eff. 7-9-13.)
 
17    Section 107. The Illinois Procurement Code is amended by
18changing Section 1-10 as follows:
 
19    (30 ILCS 500/1-10)
20    Sec. 1-10. Application.
21    (a) This Code applies only to procurements for which
22bidders, offerors, potential contractors, or contractors were
23first solicited on or after July 1, 1998. This Code shall not
24be construed to affect or impair any contract, or any provision

 

 

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1of a contract, entered into based on a solicitation prior to
2the implementation date of this Code as described in Article
399, including but not limited to any covenant entered into with
4respect to any revenue bonds or similar instruments. All
5procurements for which contracts are solicited between the
6effective date of Articles 50 and 99 and July 1, 1998 shall be
7substantially in accordance with this Code and its intent.
8    (b) This Code shall apply regardless of the source of the
9funds with which the contracts are paid, including federal
10assistance moneys. This Code shall not apply to:
11        (1) Contracts between the State and its political
12    subdivisions or other governments, or between State
13    governmental bodies except as specifically provided in
14    this Code.
15        (2) Grants, except for the filing requirements of
16    Section 20-80.
17        (3) Purchase of care.
18        (4) Hiring of an individual as employee and not as an
19    independent contractor, whether pursuant to an employment
20    code or policy or by contract directly with that
21    individual.
22        (5) Collective bargaining contracts.
23        (6) Purchase of real estate, except that notice of this
24    type of contract with a value of more than $25,000 must be
25    published in the Procurement Bulletin within 10 calendar
26    days after the deed is recorded in the county of

 

 

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1    jurisdiction. The notice shall identify the real estate
2    purchased, the names of all parties to the contract, the
3    value of the contract, and the effective date of the
4    contract.
5        (7) Contracts necessary to prepare for anticipated
6    litigation, enforcement actions, or investigations,
7    provided that the chief legal counsel to the Governor shall
8    give his or her prior approval when the procuring agency is
9    one subject to the jurisdiction of the Governor, and
10    provided that the chief legal counsel of any other
11    procuring entity subject to this Code shall give his or her
12    prior approval when the procuring entity is not one subject
13    to the jurisdiction of the Governor.
14        (8) Contracts for services to Northern Illinois
15    University by a person, acting as an independent
16    contractor, who is qualified by education, experience, and
17    technical ability and is selected by negotiation for the
18    purpose of providing non-credit educational service
19    activities or products by means of specialized programs
20    offered by the university.
21        (9) Procurement expenditures by the Illinois
22    Conservation Foundation when only private funds are used.
23        (10) Procurement expenditures by the Illinois Health
24    Information Exchange Authority involving private funds
25    from the Health Information Exchange Fund. "Private funds"
26    means gifts, donations, and private grants.

 

 

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1        (11) Public-private agreements entered into according
2    to the procurement requirements of Section 20 of the
3    Public-Private Partnerships for Transportation Act and
4    design-build agreements entered into according to the
5    procurement requirements of Section 25 of the
6    Public-Private Partnerships for Transportation Act.
7        (12) Contracts for legal, financial, and other
8    professional and artistic services entered into on or
9    before December 31, 2018 by the Illinois Finance Authority
10    in which the State of Illinois is not obligated. Such
11    contracts shall be awarded through a competitive process
12    authorized by the Board of the Illinois Finance Authority
13    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
14    50-35, and 50-37 of this Code, as well as the final
15    approval by the Board of the Illinois Finance Authority of
16    the terms of the contract.
17        (13) Contracts for services, commodities, and
18    equipment to support the delivery of timely forensic
19    science services in consultation with and subject to the
20    approval of the Chief Procurement Officer as provided in
21    subsection (d) of Section 5-4-3a of the Unified Code of
22    Corrections, except for the requirements of Sections
23    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
24    Code; however, the Chief Procurement Officer may, in
25    writing with justification, waive any certification
26    required under Article 50 of this Code.

 

 

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1    Notwithstanding any other provision of law, contracts
2entered into under item (12) of this subsection (b) shall be
3published in the Procurement Bulletin within 14 calendar days
4after contract execution. The chief procurement officer shall
5prescribe the form and content of the notice. The Illinois
6Finance Authority shall provide the chief procurement officer,
7on a monthly basis, in the form and content prescribed by the
8chief procurement officer, a report of contracts that are
9related to the procurement of goods and services identified in
10item (12) of this subsection (b). At a minimum, this report
11shall include the name of the contractor, a description of the
12supply or service provided, the total amount of the contract,
13the term of the contract, and the exception to the Code
14utilized. A copy of each of these contracts shall be made
15available to the chief procurement officer immediately upon
16request. The chief procurement officer shall submit a report to
17the Governor and General Assembly no later than November 1 of
18each year that shall include, at a minimum, an annual summary
19of the monthly information reported to the chief procurement
20officer.
21    (c) This Code does not apply to the electric power
22procurement process provided for under Section 1-75 of the
23Illinois Power Agency Act and Section 16-111.5 of the Public
24Utilities Act.
25    (d) Except for Section 20-160 and Article 50 of this Code,
26and as expressly required by Section 9.1 of the Illinois

 

 

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1Lottery Law, the provisions of this Code do not apply to the
2procurement process provided for under Section 9.1 of the
3Illinois Lottery Law.
4    (e) This Code does not apply to the process used by the
5Capital Development Board to retain a person or entity to
6assist the Capital Development Board with its duties related to
7the determination of costs of a clean coal SNG brownfield
8facility, as defined by Section 1-10 of the Illinois Power
9Agency Act, as required in subsection (h-3) of Section 9-220 of
10the Public Utilities Act, including calculating the range of
11capital costs, the range of operating and maintenance costs, or
12the sequestration costs or monitoring the construction of clean
13coal SNG brownfield facility for the full duration of
14construction.
15    (f) This Code does not apply to the process used by the
16Illinois Power Agency to retain a mediator to mediate sourcing
17agreement disputes between gas utilities and the clean coal SNG
18brownfield facility, as defined in Section 1-10 of the Illinois
19Power Agency Act, as required under subsection (h-1) of Section
209-220 of the Public Utilities Act.
21    (g) This Code does not apply to the processes used by the
22Illinois Power Agency to retain a mediator to mediate contract
23disputes between gas utilities and the clean coal SNG facility
24and to retain an expert to assist in the review of contracts
25under subsection (h) of Section 9-220 of the Public Utilities
26Act. This Code does not apply to the process used by the

 

 

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1Illinois Commerce Commission to retain an expert to assist in
2determining the actual incurred costs of the clean coal SNG
3facility and the reasonableness of those costs as required
4under subsection (h) of Section 9-220 of the Public Utilities
5Act.
6    (h) This Code does not apply to the process to procure or
7contracts entered into in accordance with Sections 11-5.2 and
811-5.3 of the Illinois Public Aid Code.
9    (i) Each chief procurement officer may access records
10necessary to review whether a contract, purchase, or other
11expenditure is or is not subject to the provisions of this
12Code, unless such records would be subject to attorney-client
13privilege.
14    (j) This Code does not apply to the process used by the
15Capital Development Board to retain an artist or work or works
16of art as required in Section 14 of the Capital Development
17Board Act.
18    (k) This Code does not apply to the process to procure
19contracts, or contracts entered into, by the State Board of
20Elections or the State Electoral Board for hearing officers
21appointed pursuant to the Election Code.
22(Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502,
23eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12;
2497-895, eff. 8-3-12; 98-90, eff. 7-15-13; 98-463, eff. 8-16-13;
2598-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff.
261-1-15.)"; and
 

 

 

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1on page 37, immediately below line 15, by inserting the
2following:
 
3    "Section 125. The Unified Code of Corrections is amended by
4changing Section 5-4-3a as follows:
 
5    (730 ILCS 5/5-4-3a)
6    Sec. 5-4-3a. DNA testing backlog accountability.
7    (a) On or before August 1 of each year, the Department of
8State Police shall report to the Governor and both houses of
9the General Assembly the following information:
10        (1) the extent of the backlog of cases awaiting testing
11    or awaiting DNA analysis by that Department, including but
12    not limited to those tests conducted under Section 5-4-3,
13    as of June 30 of the previous fiscal year, with the backlog
14    being defined as all cases awaiting forensic testing
15    whether in the physical custody of the State Police or in
16    the physical custody of local law enforcement, provided
17    that the State Police have written notice of any evidence
18    in the physical custody of local law enforcement prior to
19    June 1 of that year; and
20        (2) what measures have been and are being taken to
21    reduce that backlog and the estimated costs or expenditures
22    in doing so.
23    (b) The information reported under this Section shall be

 

 

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1made available to the public, at the time it is reported, on
2the official web site of the Department of State Police.
3    (c) Beginning January 1, 2016, the Department of State
4Police shall quarterly report on the status of the processing
5of forensic biology and DNA evidence submitted to the
6Department of State Police Laboratory for analysis. The report
7shall be submitted to the Governor and the General Assembly,
8and shall be posted on the Department of State Police website.
9The report shall include the following for each State Police
10Laboratory location and any laboratory to which the Department
11of State Police has outsourced evidence for testing:
12        (1) For forensic biology submissions, report both
13    total case and sexual assault or abuse case (as defined by
14    the Sexual Assault Evidence Submission Act) figures for:
15            (A) The number of cases received in the preceding
16        quarter.
17            (B) The number of cases completed in the preceding
18        quarter.
19            (C) The number of cases waiting analysis.
20            (D) The number of cases sent for outsourcing.
21            (E) The number of cases waiting analysis that were
22        received within the past 30 days.
23            (F) The number of cases waiting analysis that were
24        received 31 to 90 days prior.
25            (G) The number of cases waiting analysis that were
26        received 91 to 180 days prior.

 

 

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1            (H) The number of cases waiting analysis that were
2        received 181 to 365 days prior.
3            (I) The number of cases waiting analysis that were
4        received more than 365 days prior.
5            (J) The number of cases forwarded for DNA analyses.
6        (2) For DNA submissions, report both total case and
7    sexual assault or abuse case (as defined by the Sexual
8    Assault Evidence Submission Act) figures for:
9            (A) The number of cases received in the preceding
10        quarter.
11            (B) The number of cases completed in the preceding
12        quarter.
13            (C) The number of cases waiting analysis.
14            (D) The number of cases sent for outsourcing.
15            (E) The number of cases waiting analysis that were
16        received within the past 30 days.
17            (F) The number of cases waiting analysis that were
18        received 31 to 90 days prior.
19            (G) The number of cases waiting analysis that were
20        received 91 to 180 days prior.
21            (H) The number of cases waiting analysis that were
22        received 181 to 365 days prior.
23            (I) The number of cases waiting analysis that were
24        received more than 365 days prior.
25        (3) For all other categories of testing (e.g., drug
26    chemistry, firearms/toolmark, footwear/tire track, latent

 

 

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1    prints, toxicology, and trace chemistry analysis):
2            (A) The number of cases received in the preceding
3        quarter.
4            (B) The number of cases completed in the preceding
5        quarter.
6            (C) The number of cases waiting analysis.
7        (4) For the Combined DNA Index System (CODIS), report
8    both total case and sexual assault or abuse case (as
9    defined by the Sexual Assault Evidence Submission Act)
10    figures for subparagraphs (D), (E), and (F) of this
11    paragraph (4):
12            (A) The number of new offender samples received in
13        the preceding quarter.
14            (B) The number of offender samples uploaded to
15        CODIS in the preceding quarter.
16            (C) The number of offender samples awaiting
17        analysis.
18            (D) The number of unknown DNA case profiles
19        uploaded to CODIS in the preceding quarter.
20            (E) The number of CODIS hits in the preceding
21        quarter.
22            (F) The number of forensic evidence submissions
23        submitted to confirm a previously reported CODIS hit.
24    As used in this subsection (c), "completed" means
25completion of both the analysis of the evidence and the
26provision of the results to the submitting law enforcement

 

 

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1agency.
2    (d) In consultation with and subject to the approval of the
3Chief Procurement Officer, the Department of State Police may
4obtain contracts for services, commodities, and equipment to
5assist in the timely completion of forensic biology, DNA, drug
6chemistry, firearms/toolmark, footwear/tire track, latent
7prints, toxicology, microscopy, trace chemistry, and Combined
8DNA Index System (CODIS) analysis. Contracts to support the
9delivery of timely forensic science services are not subject to
10the provisions of the Illinois Procurement Code, except for
11Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that
12Code, provided that the Chief Procurement Officer may, in
13writing with justification, waive any certification required
14under Article 50 of the Illinois Procurement Code.
15(Source: P.A. 99-352, eff. 1-1-16.)".