093_SB0945ham001

 










                                     LRB093 02911 RLC 16300 a

 1                    AMENDMENT TO SENATE BILL 945

 2        AMENDMENT NO.     .  Amend Senate Bill 945  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.  Short  title.  This Act may be cited as the
 5    Illinois Forensic Laboratory Oversight Act.

 6        Section 5.  Illinois Forensic Laboratory Oversight Board.
 7        (a)  There is created the  Illinois  Forensic  Laboratory
 8    Oversight Board.
 9        (b)  The   Board   shall   consist  of  12  members.  The
10    membership of  the  Board  shall  consist  of  the  following
11    persons:
12             (1)  One    member   appointed   by   the   Governor
13        representing the judiciary;
14             (2)  One member appointed by the Governor shall be a
15        representative  of  a  law  enforcement   agency   having
16        experience in forensic science administration;
17             (3)  One member appointed by the Governor shall be a
18        State's Attorney or an Assistant State's Attorney;
19             (4)  One member appointed by the Governor shall be a
20        representative of the public criminal defense bar;
21             (5)  One member appointed by the Governor shall be a
22        representative of the private criminal defense bar;
 
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 1             (6)  One member appointed by the Governor, who shall
 2        be  an  attorney  or  judge  with a background in privacy
 3        issues and biomedical ethics;
 4             (7)  One   member   appointed   by   the    Governor
 5        representing  the Illinois State Police having experience
 6        as a practicing forensic scientist and  forensic  science
 7        administrator;
 8             (8)  One  member  appointed  by the Attorney General
 9        representing the Office of the Attorney General;
10             (9)  Two members of the general public appointed  by
11        the Governor; and
12             (10)  Two  members appointed by the Governor who are
13        scientists having experience in the areas  of  laboratory
14        standards or quality assurance regulation and monitoring.
15        (c)  The  Governor  shall appoint a presiding officer for
16    the Board  from  among  the  Board  members  appointed  under
17    subsection (b) of this Section, which presiding officer shall
18    serve at the pleasure of the Governor.
19        (d)  Each  member appointed under clauses (1) through (8)
20    of subsection (b) shall demonstrate substantial expertise and
21    experience in the field of laboratory operations, or forensic
22    science as  applied  in  criminal  investigation,  laboratory
23    work, or litigation.
24        (e)  Each  member of the Board shall serve a 4-year term,
25    except that 6 of the initial members appointed to  the  Board
26    after  the  effective  date  of  this  Act shall each serve a
27    2-year term.
28        (f)  Vacancies on  the  Board  shall  be  filled  by  the
29    Governor  in  accordance with subsection (b). A member of the
30    Board appointed  to  fill  a  vacancy  shall  serve  for  the
31    unexpired term of the member whom he or she is succeeding.
32        (g)  The  travel  costs associated with membership on the
33    Board created in subsection  (a)  of  this  Section  will  be
34    reimbursed subject to availability of funds.
 
                            -3-      LRB093 02911 RLC 16300 a
 1        (h)  There   is   established   the   Illinois   Forensic
 2    Laboratory  Oversight  Act  Fund  in  the State Treasury into
 3    which funds received from public or private sources shall  be
 4    deposited,  and from which funds shall be appropriated to the
 5    Illinois Forensic Laboratory Oversight Board for oversight.
 6        (i)  The Board and the individual members  of  the  Board
 7    shall   be  immune  from  any  liability,  whether  civil  or
 8    criminal, for the good faith performance of the duties of the
 9    Board as specified in this Section.
10        (j)  No member of the Board shall  be  disqualified  from
11    holding  any public office or employment, nor shall he or she
12    forfeit any such office or employment, by reason  of  his  or
13    her appointment hereunder, and members of the Board shall not
14    be  required  to take and file oaths of office before serving
15    on the Board.
16        (k)  Definitions. When used in this  Act,  the  following
17    words  and  terms shall have the meanings ascribed to them in
18    this Section:
19             (i)  For  purposes  of  general  forensic  analysis,
20        "forensic laboratory" means any  laboratory  operated  by
21        the  State,  a  unit  of  local  government,  an academic
22        institution,  or  a  private  institution  that  performs
23        forensic testing on evidence in a criminal  investigation
24        or proceeding.
25             (ii)  "Forensic  testing"  includes  the analysis of
26        physical  evidence  in  criminal  matters   and   matters
27        adjudicated  under  the  Juvenile  Court  Act  of 1987 to
28        include the entering of  analytical  data  into  forensic
29        databases  and  providing  expert testimony in a criminal
30        proceeding.
31        (l)  Powers and duties of the Board.
32             (1)  The Board may promulgate rules as are necessary
33        to carry out the duties of the Board.
34             (2)  The first meeting of the Board  shall  be  held
 
                            -4-      LRB093 02911 RLC 16300 a
 1        within 90 days after the effective date of this Act.
 2             (3)  Not  later  than  May  1, 2004, the Board shall
 3        develop and prescribe procedures for Board certification.
 4             (4)  The Board shall meet at least 4 times each year
 5        and may establish its own rules and procedures concerning
 6        the  conduct  of  its  meetings  and  other  affairs  not
 7        inconsistent with law.
 8             (5)  The Board shall develop minimum standards and a
 9        program  of  Board   certification   for   all   forensic
10        laboratories in Illinois.
11             (6)  In  designing  a  system of Board certification
12        pursuant to  this  Act,  the  Board  shall  evaluate  all
13        applicable programs of accreditation.
14             (7)  The  minimum  standards  and  program  of Board
15        certification  shall  be  designed  to   accomplish   the
16        following objectives:
17                  (A)  Ensure   the   integrity,   honesty,   and
18             openness of forensic laboratories;
19                  (B)  Increase  and  maintain the effectiveness,
20             efficiency, reliability, and  accuracy  of  forensic
21             laboratories, including forensic DNA laboratories;
22                  (C)  Ensure  that  forensic analyses, including
23             forensic DNA testing, are  performed  in  accordance
24             with the highest scientific standards practicable;
25                  (D)  Promote    increased    cooperation    and
26             coordination  among  forensic laboratories and other
27             agencies in the criminal justice system; and
28                  (E)  Ensure  compatibility,   to   the   extent
29             consistent  with  the provisions of this Act and any
30             other applicable  provision  of  law  pertaining  to
31             privacy or restricting disclosure or redisclosure of
32             information.
33             (8)  The   program   of  Board  certification  shall
34        include, at a minimum, the following requirements:
 
                            -5-      LRB093 02911 RLC 16300 a
 1                  (A)  accreditation by a body  approved  by  the
 2             Board;
 3                  (B)  routine  internal and external proficiency
 4             testing of  all  laboratory  personnel  involved  in
 5             forensic    analysis,   including   blind   external
 6             proficiency testing if the Board determines  such  a
 7             blind  proficiency testing program to be practicable
 8             and appropriate;  in  determining  whether  a  blind
 9             proficiency   testing  program  is  practicable  and
10             appropriate, the Board shall consider  such  factors
11             as  the  effectiveness  of  the  test  to  provide a
12             meaningful     measurement      of      performance,
13             cost-effectiveness,  time,  allocation of resources,
14             and availability;
15                  (C)  quality  control  and  quality   assurance
16             protocols,  a  method  validation  procedure  and  a
17             corrective action and remedial program;
18                  (D)  annual  documentation  to the Board by the
19             forensic laboratories of their continued  compliance
20             with the requirements of the accreditation program;
21                  (E)  procedures   to  ensure  that  proficiency
22             tests and results by the laboratory  and  discipline
23             within the laboratory shall be made available to the
24             Board and the public as the Board determines;
25                  (F)  procedures    to    ensure   counsel   for
26             prosecution and defense complete disclosure in legal
27             proceedings,  including  but  not  limited  to   all
28             reports,   notes,   phone   and  conversation  logs,
29             protocols,  validation  studies,  documentation   of
30             errors  and  contaminations, error or incident logs,
31             and access to interview personnel  involved  in  the
32             case;  this  shall include cases that the laboratory
33             sends to other laboratories as subcontractors;
34                  (G)  the  Board  certification  of  a  forensic
 
                            -6-      LRB093 02911 RLC 16300 a
 1             laboratory may be revoked,  suspended  or  otherwise
 2             limited,  upon a determination by the Board that the
 3             laboratory:
 4                       (i)  is  guilty  of  misrepresentation  in
 5                  obtaining a forensic laboratory accreditation;
 6                       (ii)  tendered a report on laboratory work
 7                  actually   performed   in   another    forensic
 8                  laboratory without disclosing the fact that the
 9                  examination  or procedure was performed by such
10                  other forensic laboratory;
11                       (iii)  showed  a  pattern   of   excessive
12                  errors   in   the   performance   of   forensic
13                  laboratory examination procedures;
14                       (iv)  failed  to  file any report required
15                  to be submitted pursuant to  this  Act  or  the
16                  rules  and  regulations  promulgated under this
17                  Act;
18                       (v)  violated in a  material  respect  any
19                  provision   of   this  Act  or  the  rules  and
20                  regulations promulgated under this Act;
21                       (vi)  fails to:
22                            (A)  Ensure that a full and  complete
23                       disclosure  of  findings  is  made  to the
24                       submitting agency.
25                            (B)  Ensure that work  notes  on  all
26                       items, examinations, results, and findings
27                       are  generated  contemporaneously with the
28                       examination are preserved.
29                            (C)  Render opinions and  conclusions
30                       strictly  in  accordance with the evidence
31                       in  the  case  and  only  to  the   extent
32                       justified by that evidence.
33                            (D)  Testify      in     a     clear,
34                       straightforward  manner  and   refuse   to
 
                            -7-      LRB093 02911 RLC 16300 a
 1                       extend  themselves  beyond  their field of
 2                       competence, phrasing  their  testimony  in
 3                       such  a manner so that the results are not
 4                       misinterpreted.
 5                            (E)  Consent,   if   requested,    to
 6                       interviews  with  counsel  for  both sides
 7                       prior to trial.
 8                            (F)  Refrain   from   providing   any
 9                       material misrepresentation  of  data  upon
10                       which  an  expert opinion or conclusion is
11                       based; and
12                       (vii)  no   forensic   laboratory    Board
13                  certification  shall  be revoked, suspended, or
14                  otherwise limited without a hearing. The  Board
15                  shall  serve  written  notice  of  the  alleged
16                  violation,  together with written notice of the
17                  time and place of  the  hearing,  which  notice
18                  shall be mailed by certified mail to the holder
19                  of the forensic laboratory accreditation at the
20                  address  of  such holder at least 21 days prior
21                  to  the  date  fixed  for  such   hearing.   An
22                  accredited laboratory may file a written answer
23                  to  the charges with the Board, not less than 5
24                  days prior to the hearing.

25        Section 10.  Report to the General Assembly. By  May  1st
26    of  each  year  the  Board shall make a report to the General
27    Assembly regarding the implementation of this Act.

28        Section 105.  The State Finance Act is amended by  adding
29    Section 5.595 as follows:

30        (30 ILCS 105/5.595 new)
31        Sec.  5.595.  The  Illinois Forensic Laboratory Oversight
 
                            -8-      LRB093 02911 RLC 16300 a
 1    Act Fund.".