Full Text of HB5241 94th General Assembly
HB5241ham001 94TH GENERAL ASSEMBLY
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Judiciary II - Criminal Law Committee
Filed: 2/16/2006
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| AMENDMENT TO HOUSE BILL 5241
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| AMENDMENT NO. ______. Amend House Bill 5241 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Department of State Police Law of the
Civil | 5 |
| Administrative Code of Illinois is amended by changing Section | 6 |
| 2605-40 as follows:
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| (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
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| Sec. 2605-40. Division of Forensic Services. | 9 |
| (a) The Division of
Forensic Services shall exercise the | 10 |
| following functions:
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| (1) Exercise the rights, powers, and duties vested by
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| law in the Department by the Criminal Identification Act.
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| (2) Exercise the rights, powers, and duties vested by
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| law in the Department by Section 2605-300 of this Law.
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| (3) Provide assistance to local law enforcement | 16 |
| agencies
through training, management, and consultant | 17 |
| services.
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| (4) (Blank).
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| (5) Exercise other duties that may be assigned by the | 20 |
| Director in
order to fulfill the responsibilities and | 21 |
| achieve the purposes of the
Department.
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| (6) Establish and operate a forensic science | 23 |
| laboratory system,
including a forensic toxicological | 24 |
| laboratory service, for the purpose of
testing specimens |
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| submitted by coroners and other law enforcement officers
in | 2 |
| their efforts to determine whether alcohol, drugs, or | 3 |
| poisonous or other
toxic substances have been involved in | 4 |
| deaths, accidents, or illness.
Forensic toxicological | 5 |
| laboratories shall be established in Springfield,
Chicago, | 6 |
| and elsewhere in the State as needed.
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| (7) Subject to specific appropriations made for these | 8 |
| purposes, establish
and coordinate a system for providing | 9 |
| accurate and expedited
forensic science and other | 10 |
| investigative and laboratory services to local law
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| enforcement agencies and local State's Attorneys in aid of | 12 |
| the investigation
and trial of capital cases. | 13 |
| (b) When used in this Section, the following words and | 14 |
| terms shall have the meanings ascribed to them in this | 15 |
| subsection: | 16 |
| "Forensic laboratory" means any laboratory operated by the | 17 |
| Division of Forensic Services that performs forensic testing on | 18 |
| evidence in an investigation or other proceedings for the | 19 |
| prosecution of a violation of the Criminal Code of 1961 or for | 20 |
| matters adjudicated under the Juvenile Court Act of 1987. | 21 |
| "Forensic testing" includes the analysis of physical | 22 |
| evidence in an investigation or other proceedings for the | 23 |
| prosecution of a violation of the Criminal Code of 1961 or for | 24 |
| matters adjudicated under the Juvenile Court Act of 1987, and | 25 |
| includes the use of forensic databases and databanks, including | 26 |
| DNA, firearm, and fingerprint databases, and expert testimony. | 27 |
| "I.S.O" means International Organization for | 28 |
| Standardization, standard 17025 offered by Forensic Quality | 29 |
| Services. | 30 |
| (c) A forensic laboratory authorized under this Section | 31 |
| must establish and carry out procedures to ensure, upon | 32 |
| subpoena request by prosecution or defense counsel, complete | 33 |
| disclosure in legal proceedings. Disclosure shall include, but | 34 |
| is not limited to, all reports, notes, and conversation logs, |
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| quality assurance and quality control (QA/QC) documentation, | 2 |
| protocol and procedure manuals, unless the disclosure would be | 3 |
| burdensome and duplicative, command directives and other | 4 |
| statements of procedure and policy relating to forensic | 5 |
| testing, validation studies, documentation relating to | 6 |
| corrective actions and remedial actions, incidents, incident | 7 |
| logs, errors, and incidents of contamination, proficiency | 8 |
| tests, and results. This disclosure obligation also applies to | 9 |
| any subcontractors used by the forensic laboratory to undertake | 10 |
| forensic examinations. Forensic laboratories shall also ensure | 11 |
| prosecution and defense counsel reasonable access to interview | 12 |
| personnel involved in the case. This shall include cases that | 13 |
| the laboratory sends to other contract laboratories as | 14 |
| subcontractors. Costs for interviews and discovery materials | 15 |
| in cases involving subcontractors shall be born by the Illinois | 16 |
| State Police. Disclosure shall be limited to the documents and | 17 |
| personnel used in the pending case unless a court determines | 18 |
| that additional discovery is relevant. | 19 |
| (d) Forensic laboratories authorized under this Section, | 20 |
| shall report to the Illinois Laboratory Advisory Committee: | 21 |
| (i) allegations made known to the Illinois State Police | 22 |
| against a forensic laboratory or its staff of | 23 |
| misrepresentation of data, credentials, test results, | 24 |
| testimony, or any deception or misrepresentation in | 25 |
| obtaining forensic laboratory accreditation; | 26 |
| (ii) results from any and all investigations regarding | 27 |
| allegations or incidents disclosed under subsection (a)(i) | 28 |
| of this Section with supporting documentation; | 29 |
| (iii) instances of errors in the performance of | 30 |
| forensic laboratory examination procedures or incidents of | 31 |
| contamination; | 32 |
| (iv) incidents where full and complete disclosure is | 33 |
| not made to counsel or interviews are not provided to | 34 |
| counsel; and |
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| (v) any complaint or allegation reported under (d)(i) | 2 |
| or (d)(ii) shall cause the Committee Chair to appoint a | 3 |
| balanced sub-committee to review the complaint or | 4 |
| allegation and timely report back to the full Committee | 5 |
| with recommendations on the appropriate action and | 6 |
| response. If the allegation or complaint is determined to | 7 |
| be unfounded, the sub-committee will report that finding to | 8 |
| the full Committee. | 9 |
| (e) A forensic laboratory authorized under this Section | 10 |
| shall respond to all inquiries from the Illinois Laboratory | 11 |
| Advisory Committee.
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| (f) Notwithstanding any provision of this Section to the | 13 |
| contrary, no private or public laboratory shall be granted a | 14 |
| subcontract to conduct forensic testing of evidence unless that | 15 |
| laboratory has acquired I.S.O accreditation.
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| (Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00; 91-589, | 17 |
| eff. 1-1-00;
91-760, eff. 1-1-01.)
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| Section 10. The the Illinois Laboratory Advisory Committee | 19 |
| Act is amended by changing Section 5 as follows: | 20 |
| (20 ILCS 3981/5)
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| Sec. 5. Illinois Laboratory Advisory Committee; creation. | 22 |
| (a) There is created the Illinois Laboratory Advisory | 23 |
| Committee (hereinafter referred to as the Committee).
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| (b) The Committee shall consist of 16
15 members appointed | 25 |
| as follows:
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| (1) one member who is a scientist from the Department | 27 |
| of Agriculture, appointed by the Director of Agriculture; | 28 |
| (2) one member who is a scientist from the Department | 29 |
| of Natural Resources, appointed by the Director of Natural | 30 |
| Resources; | 31 |
| (3) one member who is a scientist from the Department | 32 |
| of Public Health, appointed by the Director of Public |
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| Health; | 2 |
| (4) one member who is a scientist from the Department | 3 |
| of State Police, appointed by the Director of State Police; | 4 |
| (5) one member who is a scientist from the | 5 |
| Environmental Protection Agency, appointed by the Director | 6 |
| of the Environmental Protection Agency; | 7 |
| (6) one member who is a scientist from the Illinois | 8 |
| Emergency Management Agency, appointed by the Director of | 9 |
| the Illinois Emergency Management Agency; | 10 |
| (7) one member who is a scientist from the Department | 11 |
| of Transportation, appointed by the Secretary of | 12 |
| Transportation; | 13 |
| (8) one member who is a licensed attorney, with | 14 |
| expertise in scientific evidence, appointed by the Cook | 15 |
| County Public Defender;
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| (9) one member who is a licensed attorney, with | 17 |
| expertise in scientific evidence, appointed by the Cook | 18 |
| County State's Attorney;
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| (10) one member who is a licensed attorney, with | 20 |
| expertise in scientific evidence, appointed by the State | 21 |
| Appellate Defender;
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| (11) one member who is a licensed attorney, with | 23 |
| expertise in scientific evidence, appointed by the | 24 |
| Director of the Office of the State's Attorneys Appellate | 25 |
| Prosecutor;
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| (12) one member who is a licensed attorney, with | 27 |
| expertise in scientific evidence, appointed by the | 28 |
| Attorney General;
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| (13) one member who is an academic scientist with an | 30 |
| advanced degree in life, physical, or medical sciences | 31 |
| appointed by the Attorney General;
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| (14) one member who is a scientist employed by the | 33 |
| DuPage County Sheriff's Crime Laboratory appointed by the | 34 |
| DuPage County Sheriff's Crime Laboratory Director; and |
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| (15) one member who is an academic forensic scientist | 2 |
| with an advanced degree in the life, physical, | 3 |
| criminalistic, or medical sciences appointed by the | 4 |
| president of the University of Illinois ; and
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| (16) one member who is a forensic scientist employed by | 6 |
| an in-state private forensic lab that has I.S.O. | 7 |
| accreditation. | 8 |
| (a-5) For purposes of this Section "I.S.O." shall have the | 9 |
| same meaning as provided in Section 2605-40 of the Department | 10 |
| of State Police Law of the
Civil Administrative Code of | 11 |
| Illinois.
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| (c) The Committee Chairperson may appoint one ex officio | 13 |
| member representing private laboratories, and one ex officio | 14 |
| member who is a scientist representing the Northern Illinois | 15 |
| Police Crime Laboratory.
The president of the University of | 16 |
| Illinois may appoint one ex officio member to the Committee | 17 |
| representing social scientists.
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| (d) Appointments to the Committee shall be made within 90 | 19 |
| days after the effective date of this Act with the first | 20 |
| meeting of the Committee being held no later than 180 days | 21 |
| following the effective date of this Act. The members of the | 22 |
| Committee shall choose a chairperson from among its members. | 23 |
| The chairperson shall serve a 2-year term and shall be | 24 |
| responsible for convening meetings, setting agendas, and | 25 |
| finalizing reports. | 26 |
| (e) For the purpose of ensuring continuity on the | 27 |
| Committee, each member of the Committee shall serve a 4-year | 28 |
| term except 5 members, chosen at random, who shall serve an | 29 |
| initial term of 2 years, after which they shall be eligible for | 30 |
| reappointment for a term of 4 years. Members shall serve at the | 31 |
| discretion of their appointing authorities.
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| (f) Vacancies on the Committee shall be filled in | 33 |
| accordance with subsections (b) and (e). A member of the | 34 |
| Committee appointed to fill a vacancy shall serve for the |
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| unexpired term of the member whom he or she is succeeding. | 2 |
| (g) The Committee shall not be compensated. Travel costs | 3 |
| associated with the Committee shall be reimbursed subject to | 4 |
| the availability of State or the appointing agency's funds. | 5 |
| Funds received from public or private sources shall be governed | 6 |
| by all applicable laws to ensure ethics compliance. There is | 7 |
| established the Illinois Laboratory Advisory Committee Act | 8 |
| Fund in the State treasury into which funds received from | 9 |
| public or private sources shall be deposited for use by the | 10 |
| Committee.
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| (h) The Committee and individual members of the Committee | 12 |
| are immune from any liability, whether civil or criminal, for | 13 |
| the good faith performance of the duties of the Committee as | 14 |
| specified in this Section. | 15 |
| (i) No member of the Committee shall be disqualified from | 16 |
| holding public office or employment, nor shall he or she | 17 |
| forfeit any such office or employment, by reason of appointment | 18 |
| under this Act, and members may not be required to take and | 19 |
| file oaths of office before serving on the Committee.
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| (j) Responsibilities of the Committee. The Committee | 21 |
| shall:
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| (1) establish the rules and procedures concerning the | 23 |
| conduct of Committee meetings and other affairs not | 24 |
| inconsistent with law; | 25 |
| (2) make recommendations regarding improving policy | 26 |
| and procedures to ensure counsel for the defense and | 27 |
| prosecution are receiving all evidence, reports, and | 28 |
| analytical documentation relevant to disclosure; | 29 |
| (3) make recommendations regarding accreditation and | 30 |
| quality assurance as it applies to laboratory testing that | 31 |
| will be in compliance with recognized International | 32 |
| Organization for Standardization and applicable | 33 |
| professional standards; | 34 |
| (4) make recommendations regarding training procedures |
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| to ensure training is conducted consistent with recognized | 2 |
| scientific procedures;
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| (5) make recommendations regarding staffing and | 4 |
| funding needs to ensure resources to obtain accurate, | 5 |
| timely, and complete analysis of all samples submitted for | 6 |
| testing; | 7 |
| (6) make recommendations regarding private | 8 |
| laboratories conducting scientific testing, including | 9 |
| forensic testing, to ensure quality assurance and | 10 |
| accreditation standards are in concert with the | 11 |
| governmental laboratories within the State; | 12 |
| (7) make recommendations to ensure consistency among | 13 |
| judicial orders and rulings as it relates to evidence and | 14 |
| discovery; | 15 |
| (8) examine ways to make more efficient use of the | 16 |
| State laboratories, including facilities, personnel, and | 17 |
| equipment;
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| (9) examine ways to reduce laboratory backlogs;
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| (10) review and comment on the proposed construction, | 20 |
| expansion, or renovation of State laboratory facilities | 21 |
| exceeding $250,000 and generally plan for future | 22 |
| laboratory needs; | 23 |
| (11) conduct such other activities as may be necessary | 24 |
| to provide for the safe and efficient operation of State | 25 |
| laboratories; | 26 |
| (12) make recommendations on other laboratory issues | 27 |
| not listed in this Section as the Committee deems | 28 |
| appropriate; | 29 |
| (13) examine ways to enhance Illinois Homeland | 30 |
| Security through coordination of laboratory services with | 31 |
| the Illinois Terrorism Task Force; | 32 |
| (14) continue to ensure that analysts are provided all | 33 |
| necessary tools and information needed to draw all relevant | 34 |
| scientific conclusions, and consider methods to guarantee |
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| that observations and conclusions are not inadvertently | 2 |
| influenced by extraneous information; and | 3 |
| (15) make annual recommendations in a report filed with | 4 |
| the Governor, General Assembly, and Illinois Supreme Court | 5 |
| to facilitate any of the responsibilities of the Committee. | 6 |
| Reports shall be furnished to all members of the Committee.
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| (Source: P.A. 93-784, eff. 1-1-05.)".
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