Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(730 ILCS 5/5-4-3a) (Text of Section from P.A. 102-237) Sec. 5-4-3a. DNA testing backlog accountability. (a) On or before August 1 of each year, the Department of State Police shall report to the Governor and both houses of the General Assembly the following information: (1) the extent of the backlog of cases awaiting |
| testing or awaiting DNA analysis by that Department, including but not limited to those tests conducted under Section 5-4-3, as of June 30 of the previous fiscal year, with the backlog being defined as all cases awaiting forensic testing whether in the physical custody of the State Police or in the physical custody of local law enforcement, provided that the State Police have written notice of any evidence in the physical custody of local law enforcement prior to June 1 of that year; and
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(2) what measures have been and are being taken to
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| reduce that backlog and the estimated costs or expenditures in doing so.
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(b) The information reported under this Section shall be made available to the public, at the time it is reported, on the official web site of the Department of State Police.
(c) Beginning January 1, 2016, the Department of State Police shall quarterly report on the status of the processing of forensic biology and DNA evidence submitted to the Department of State Police Laboratory for analysis. The report shall be submitted to the Governor and the General Assembly, and shall be posted on the Department of State Police website. The report shall include the following for each State Police Laboratory location and any laboratory to which the Department of State Police has outsourced evidence for testing:
(1) For forensic biology submissions, report both
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| total case and sexual assault or abuse case (as defined by the Sexual Assault Evidence Submission Act) figures for:
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(A) The number of cases received in the preceding
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(B) The number of cases completed in the
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(C) The number of cases waiting analysis.
(D) The number of cases sent for outsourcing.
(E) The number of cases waiting analysis that
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| were received within the past 30 days.
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(F) The number of cases waiting analysis that
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| were received 31 to 90 days prior.
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(G) The number of cases waiting analysis that
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| were received 91 to 180 days prior.
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(H) The number of cases waiting analysis that
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| were received 181 to 365 days prior.
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(I) The number of cases waiting analysis that
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| were received more than 365 days prior.
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(J) The number of cases forwarded for DNA
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(2) For DNA submissions, report both total case and
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| sexual assault or abuse case (as defined by the Sexual Assault Evidence Submission Act) figures for:
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(A) The number of cases received in the preceding
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(B) The number of cases completed in the
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(C) The number of cases waiting analysis.
(D) The number of cases sent for outsourcing.
(E) The number of cases waiting analysis that
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| were received within the past 30 days.
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(F) The number of cases waiting analysis that
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| were received 31 to 90 days prior.
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(G) The number of cases waiting analysis that
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| were received 91 to 180 days prior.
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(H) The number of cases waiting analysis that
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| were received 181 to 365 days prior.
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(I) The number of cases waiting analysis that
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| were received more than 365 days prior.
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(3) For all other categories of testing (e.g., drug
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| chemistry, firearms/toolmark, footwear/tire track, latent prints, toxicology, and trace chemistry analysis):
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(A) The number of cases received in the preceding
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(B) The number of cases completed in the
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(C) The number of cases waiting analysis.
(D) The number of cases entered in the National
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| Integrated Ballistic Information Network (NIBIN).
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(E) The number of investigative leads developed
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| from National Integrated Ballistic Information Network (NIBIN) analysis.
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(4) For the Combined DNA Index System (CODIS), report
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| both total case and sexual assault or abuse case (as defined by the Sexual Assault Evidence Submission Act) figures for subparagraphs (D), (E), and (F) of this paragraph (4):
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(A) The number of new offender samples received
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| in the preceding quarter.
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(B) The number of offender samples uploaded to
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| CODIS in the preceding quarter.
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(C) The number of offender samples awaiting
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(D) The number of unknown DNA case profiles
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| uploaded to CODIS in the preceding quarter.
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(E) The number of CODIS hits in the preceding
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(F) The number of forensic evidence submissions
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| submitted to confirm a previously reported CODIS hit.
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(5) For each category of testing, report the number
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| of trained forensic scientists and the number of forensic scientists in training.
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As used in this subsection (c), "completed" means completion of both the analysis of the evidence and the provision of the results to the submitting law enforcement agency.
(d) The provisions of this subsection (d), other than this sentence, are inoperative on and after January 1, 2019 or 2 years after the effective date of this amendatory Act of the 99th General Assembly, whichever is later. In consultation with and subject to the approval of the Chief Procurement Officer, the Department of State Police may obtain contracts for services, commodities, and equipment to assist in the timely completion of forensic biology, DNA, drug chemistry, firearms/toolmark, footwear/tire track, latent prints, toxicology, microscopy, trace chemistry, and Combined DNA Index System (CODIS) analysis. Contracts to support the delivery of timely forensic science services are not subject to the provisions of the Illinois Procurement Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that Code, provided that the Chief Procurement Officer may, in writing with justification, waive any certification required under Article 50 of the Illinois Procurement Code. For any contracts for services which are currently provided by members of a collective bargaining agreement, the applicable terms of the collective bargaining agreement concerning subcontracting shall be followed.
(Source: P.A. 102-237, eff. 1-1-22.)
(Text of Section from P.A. 102-278)
Sec. 5-4-3a. DNA testing backlog accountability.
(a) On or before August 1 of each year, the Department of State Police shall report to the Governor and both houses of the General Assembly the following information:
(1) the extent of the backlog of cases awaiting
|
| testing or awaiting DNA analysis by that Department, including but not limited to those tests conducted under Section 5-4-3, as of June 30 of the previous fiscal year, with the backlog being defined as all cases awaiting forensic testing whether in the physical custody of the State Police or in the physical custody of local law enforcement, provided that the State Police have written notice of any evidence in the physical custody of local law enforcement prior to June 1 of that year; and
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|
(2) what measures have been and are being taken to
|
| reduce that backlog and the estimated costs or expenditures in doing so.
|
|
(b) The information reported under this Section shall be made available to the public, at the time it is reported, on the official web site of the Department of State Police.
(c) Beginning January 1, 2016, the Department of State Police shall quarterly report on the status of the processing of biology submitted to the Department of State Police Laboratory for analysis. The report shall be submitted to the Governor and the General Assembly, and shall be posted on the Department of State Police website. The report shall include the following for each State Police Laboratory location and any laboratory to which the Department of State Police has outsourced evidence for testing:
(1) For biology submissions, report both total
|
| assignment and sexual assault or abuse assignment (as defined by the Sexual Assault Evidence Submission Act) figures for:
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|
(A) The number of assignments received in the
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(B) The number of assignments completed in the
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(C) The number of assignments waiting analysis.
(D) The number of assignments sent for
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(E) The number of assignments waiting analysis
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| that were received within the past 30 days.
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(F) The number of assignments waiting analysis
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| that were received 31 to 90 days prior.
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(G) The number of assignments waiting analysis
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| that were received 91 to 180 days prior.
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(H) The number of assignments waiting analysis
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| that were received 181 to 365 days prior.
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(I) The number of assignments waiting analysis
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| that were received more than 365 days prior.
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(J) (Blank).
(2) (Blank).
(3) For all other categories of testing (e.g., drug
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| chemistry, firearms/toolmark, footwear/tire track, latent prints, toxicology, and trace chemistry analysis):
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|
(A) The number of assignments received in the
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|
(B) The number of assignments completed in the
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|
(C) The number of assignments waiting analysis.
(4) For the Combined DNA Index System (CODIS), report
|
| both total assignment and sexual assault or abuse assignment (as defined by the Sexual Assault Evidence Submission Act) figures for subparagraphs (D), (E), and (F) of this paragraph (4):
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|
(A) The number of new offender samples received
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| in the preceding quarter.
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|
(B) The number of offender samples uploaded to
|
| CODIS in the preceding quarter.
|
|
(C) The number of offender samples awaiting
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|
(D) The number of unknown DNA case profiles
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| uploaded to CODIS in the preceding quarter.
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|
(E) The number of CODIS hits in the preceding
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|
(F) The number of forensic evidence submissions
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| submitted to confirm a previously reported CODIS hit.
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|
(5) For each category of testing, report the number
|
| of trained forensic scientists and the number of forensic scientists in training.
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|
As used in this subsection (c), "completed" means completion of both the analysis of the evidence and the provision of the results to the submitting law enforcement agency.
(d) The provisions of this subsection (d), other than this sentence, are inoperative on and after January 1, 2019 or 2 years after the effective date of this amendatory Act of the 99th General Assembly, whichever is later. In consultation with and subject to the approval of the Chief Procurement Officer, the Department of State Police may obtain contracts for services, commodities, and equipment to assist in the timely completion of biology, drug chemistry, firearms/toolmark, footwear/tire track, latent prints, toxicology, microscopy, trace chemistry, and Combined DNA Index System (CODIS) analysis. Contracts to support the delivery of timely forensic science services are not subject to the provisions of the Illinois Procurement Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that Code, provided that the Chief Procurement Officer may, in writing with justification, waive any certification required under Article 50 of the Illinois Procurement Code. For any contracts for services which are currently provided by members of a collective bargaining agreement, the applicable terms of the collective bargaining agreement concerning subcontracting shall be followed.
(Source: P.A. 102-278, eff. 8-6-21.)
(Text of Section from P.A. 102-538)
Sec. 5-4-3a. DNA testing backlog accountability.
(a) On or before August 1 of each year, the Illinois State Police shall report to the Governor and both houses of the General Assembly the following information:
(1) the extent of the backlog of cases awaiting
|
| testing or awaiting DNA analysis by that Department, including but not limited to those tests conducted under Section 5-4-3, as of June 30 of the previous fiscal year, with the backlog being defined as all cases awaiting forensic testing whether in the physical custody of the Illinois State Police or in the physical custody of local law enforcement, provided that the Illinois State Police have written notice of any evidence in the physical custody of local law enforcement prior to June 1 of that year; and
|
|
(2) what measures have been and are being taken to
|
| reduce that backlog and the estimated costs or expenditures in doing so.
|
|
(b) The information reported under this Section shall be made available to the public, at the time it is reported, on the official web site of the Illinois State Police.
(c) Beginning January 1, 2016, the Illinois State Police shall quarterly report on the status of the processing of forensic biology and DNA evidence submitted to the Illinois State Police Laboratory for analysis. The report shall be submitted to the Governor and the General Assembly, and shall be posted on the Illinois State Police website. The report shall include the following for each Illinois State Police Laboratory location and any laboratory to which the Illinois State Police has outsourced evidence for testing:
(1) For forensic biology submissions, report both
|
| total case and sexual assault or abuse case (as defined by the Sexual Assault Evidence Submission Act) figures for:
|
|
(A) The number of cases received in the preceding
|
|
(B) The number of cases completed in the
|
|
(C) The number of cases waiting analysis.
(D) The number of cases sent for outsourcing.
(E) The number of cases waiting analysis that
|
| were received within the past 30 days.
|
|
(F) The number of cases waiting analysis that
|
| were received 31 to 90 days prior.
|
|
(G) The number of cases waiting analysis that
|
| were received 91 to 180 days prior.
|
|
(H) The number of cases waiting analysis that
|
| were received 181 to 365 days prior.
|
|
(I) The number of cases waiting analysis that
|
| were received more than 365 days prior.
|
|
(J) The number of cases forwarded for DNA
|
|
(2) For DNA submissions, report both total case and
|
| sexual assault or abuse case (as defined by the Sexual Assault Evidence Submission Act) figures for:
|
|
(A) The number of cases received in the preceding
|
|
(B) The number of cases completed in the
|
|
(C) The number of cases waiting analysis.
(D) The number of cases sent for outsourcing.
(E) The number of cases waiting analysis that
|
| were received within the past 30 days.
|
|
(F) The number of cases waiting analysis that
|
| were received 31 to 90 days prior.
|
|
(G) The number of cases waiting analysis that
|
| were received 91 to 180 days prior.
|
|
(H) The number of cases waiting analysis that
|
| were received 181 to 365 days prior.
|
|
(I) The number of cases waiting analysis that
|
| were received more than 365 days prior.
|
|
(3) For all other categories of testing (e.g., drug
|
| chemistry, firearms/toolmark, footwear/tire track, latent prints, toxicology, and trace chemistry analysis):
|
|
(A) The number of cases received in the preceding
|
|
(B) The number of cases completed in the
|
|
(C) The number of cases waiting analysis.
(4) For the Combined DNA Index System (CODIS), report
|
| both total case and sexual assault or abuse case (as defined by the Sexual Assault Evidence Submission Act) figures for subparagraphs (D), (E), and (F) of this paragraph (4):
|
|
(A) The number of new offender samples received
|
| in the preceding quarter.
|
|
(B) The number of offender samples uploaded to
|
| CODIS in the preceding quarter.
|
|
(C) The number of offender samples awaiting
|
|
(D) The number of unknown DNA case profiles
|
| uploaded to CODIS in the preceding quarter.
|
|
(E) The number of CODIS hits in the preceding
|
|
(F) The number of forensic evidence submissions
|
| submitted to confirm a previously reported CODIS hit.
|
|
(5) For each category of testing, report the number
|
| of trained forensic scientists and the number of forensic scientists in training.
|
|
As used in this subsection (c), "completed" means completion of both the analysis of the evidence and the provision of the results to the submitting law enforcement agency.
(d) The provisions of this subsection (d), other than this sentence, are inoperative on and after January 1, 2019 or 2 years after the effective date of this amendatory Act of the 99th General Assembly, whichever is later. In consultation with and subject to the approval of the Chief Procurement Officer, the Illinois State Police may obtain contracts for services, commodities, and equipment to assist in the timely completion of forensic biology, DNA, drug chemistry, firearms/toolmark, footwear/tire track, latent prints, toxicology, microscopy, trace chemistry, and Combined DNA Index System (CODIS) analysis. Contracts to support the delivery of timely forensic science services are not subject to the provisions of the Illinois Procurement Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that Code, provided that the Chief Procurement Officer may, in writing with justification, waive any certification required under Article 50 of the Illinois Procurement Code. For any contracts for services which are currently provided by members of a collective bargaining agreement, the applicable terms of the collective bargaining agreement concerning subcontracting shall be followed.
(Source: P.A. 102-538, eff. 8-20-21.)
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