Bill Status of HB5241 94th General Assembly
Short Description: DPT ST POL-FORENSIC SERVICES
Rep. Jim Durkin - Paul D. Froehlich - Patricia R. Bellock - Susana A Mendoza
| 1/9/2007||House||Session Sine Die|
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that State Police crime laboratories must establish and carry out procedures to ensure, upon request by prosecution or defense counsel, complete disclosure in legal proceedings. Provides that disclosure shall include, but is not limited to, 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. Sets forth that this disclosure obligation also applies to any subcontractors used by the forensic laboratory to undertake forensic examinations. Provides that forensic laboratories within the Division on Forensic Services shall report to the Illinois Laboratory Advisory Committee: (i) allegations made known to the Illinois State Police against a forensic laboratory or its staff of misrepresentation of data, credentials, test results, testimony, or any deception or misrepresentation in obtaining forensic laboratory accreditation; (ii) results from any and all investigations regarding these allegations or incidents with supporting documentation; (iii) instances of errors in the performance of forensic laboratory examination procedures or incidents of contamination; and (iv) incidents where full and complete disclosure is not made to counsel or interviews are not provided to counsel. Requires State Police crime laboratories to respond to all inquiries from the Illinois Laboratory Advisory Committee. Sets forth that no private or public laboratory shall be granted a subcontract to conduct forensic testing of evidence unless that laboratory has acquired I.S.O. accreditation.
House Committee Amendment No. 1
Deletes everything after the enacting clause. Reinserts the provisions of the bill as introduced with the following changes. Provides that the complete disclosure by forensic laboratories shall be provided upon subpoena request (instead of upon request) by prosecution or defense counsel. Sets forth that disclosure of protocol and procedure manuals may be limited where disclosure would be burdensome and duplicative. Provides that disclosure shall be limited to the documents and personnel used in the pending case unless a court determines that additional discovery is relevant. Sets forth additional procedures to be followed when certain allegations or complaints are made against a forensic laboratory. Amends the Illinois Laboratory Advisory Committee Act to authorize an additional member to the Committee who is a forensic scientist employed by an in-state private forensic lab that has I.S.O. accreditation.