Bill Text: IL HJR0007 | 2019-2020 | 101st General Assembly | Engrossed


Bill Title: Directs the Auditor General to conduct a performance audit of the Illinois State Police Division of Forensic Services.

Spectrum: Slight Partisan Bill (Democrat 9-4)

Status: (Engrossed) 2019-05-09 - Placed on Calendar Order of Secretary's Desk Resolutions May 14, 2019 [HJR0007 Detail]

Download: Illinois-2019-HJR0007-Engrossed.html


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1
HOUSE JOINT RESOLUTION 7
2 WHEREAS, In order to minimize the serious impact of all
3types of crime, especially violent crime, upon Illinois
4residents, it is necessary for Illinois to be protected by a
5crime lab that is operated by the Illinois State Police in a
6manner that complies with state-of-the-art specifications for
7the rapid processing of evidence and identification of criminal
8suspects; and
9 WHEREAS, In response to this need, the Illinois State
10Police has established a Division of Forensic Services,
11commonly referred to as the "State crime lab"; and
12 WHEREAS, It has been nationally recognized for several
13years that there is a serious backlog of biological evidence to
14be processed in the time required for the establishment of
15admissible forensic evidence after that forensic evidence has
16been recovered from crime scenes, processed by law enforcement,
17and transferred to crime laboratories; and
18 WHEREAS, This backlog in the examination process includes
19numerous cases where the processing of evidence collected
20following incidents of violent crimes, including murders,
21shootings, and criminal sexual assaults, is seriously delayed;
22and

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1 WHEREAS, It typically takes at least one year for
2biological evidence to be processed by the Illinois State
3Police crime lab; and
4 WHEREAS, DNA evidence is critical to the solution of
5crimes, especially in murder cases and sexual assaults, where
6the biological evidence may be the last resort, the only thing
7tying a murderer or rapist to a crime scene and a victim in a
8way that can be proved in a court of law; and
9 WHEREAS, In today's climate where police and prosecutors
10are increasingly scrutinized about their procedures, DNA
11evidence is crucial to the successful prosecution of criminal
12cases in the courtroom; and
13 WHEREAS, Modern biochemistry has developed the Rapid DNA
14system, a system to enable the fully automated generation of a
15full DNA profile from a cheek swab without human intervention;
16the ability of Rapid DNA to carry out the efficient profiling
17of criminal suspects has led Congress to pass the federal Rapid
18DNA Act of 2017, which has been signed into federal law as P.L.
19115-50; and
20 WHEREAS, The Federal Bureau of Investigation (FBI) will
21conduct a pilot study in Arizona, California, Florida,

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1Louisiana, and Texas in 2019 to evaluate Rapid DNA
2instrumentation in booking stations where buccal (cheek) swab
3samples will be processed from individuals arrested, indicted,
4or convicted of specific criminal offenses, and, upon
5completion of this pilot study, the FBI will identify
6NDIS-approved Rapid DNA instrumentation for use in booking
7stations; and
8 WHEREAS, This federal law directs the FBI to issue
9standards and procedures to create a nationwide police protocol
10for using Rapid DNA instruments to analyze DNA samples of
11criminal offenders and criminal suspects and to compile the
12data gathered therein within the Combined DNA Index System or
13CODIS; and
14 WHEREAS, The 50 states and their residents will not enjoy
15the benefits of Rapid DNA technology and the ability to conduct
16instant CODIS identification of criminal suspects who have
17already been taken into custody until they take steps to comply
18with the protocol outlined in the Rapid DNA Act of 2017 and
19implemented by FBI standards and procedures; and
20 WHEREAS, The usefulness of the CODIS system as a nationwide
21database will depend upon the relative compliance of local law
22enforcement throughout all 50 states; for reasons of both local
23criminal justice and so that our State can do its part, it is

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1essential that Illinois law enforcement be granted the support
2tools they need to appropriately deploy the Rapid DNA
3instrumentation in booking stations and forensic laboratories
4accredited in DNA analysis across Illinois; therefore, be it
5 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE
6HUNDRED FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
7SENATE CONCURRING HEREIN, that the Illinois State Police is
8directed to review and evaluate its varied duties and
9responsibilities to determine the most effective and efficient
10use of Rapid DNA technology and to recommend improvements to
11Illinois' DNA submission laws with the goal of taking full
12advantage of Rapid DNA technology throughout Illinois; and be
13it further
14 RESOLVED, That the Illinois State Police may consult with
15any State and local agencies they determine necessary, which
16may include, but not be limited to, the Department of
17Innovation and Technology, the Department of Corrections, and
18any State, county, or local law enforcement agency which
19utilizes State funds to identify and apprehend criminal
20offenders; and be it further
21 RESOLVED, That the examination include, but not be limited
22to, an examination of equipment, procedures, staffing levels,
23required legislation, administrative rules, funding, and

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1information technology infrastructure, including status and
2recommended improvements to Illinois' DNA arrestee submission
3law to fully take advantage of Rapid DNA technology, with the
4goal of identifying and reporting to the General Assembly as
5soon as possible on barriers and choke points in the way of
6Illinois State Police, local law enforcement, booking
7stations, and accredited NDIS-participating forensic
8laboratories across Illinois enabling full compliance with
9existing and future protocols approved by the FBI created by
10the federal Rapid DNA Act of 2017; and be it further
11 RESOLVED, That the Department of Innovation and
12Technology, the Department of Corrections, any State agency and
13any Illinois law enforcement agency which utilizes State funds
14to identify and apprehend criminal offenders are highly
15encouraged to assist the Illinois State Police with this
16report, including elements aimed at identifying the increased
17funding, personnel and budgetary support required for the
18Illinois State Police, local law enforcement, and the entire
19Illinois criminal justice community to appropriately utilize
20Rapid DNA instrumentation to achieve full compliance; and be it
21further
22 RESOLVED, That the Illinois State Police commence this
23examination and submit a report of their findings and
24recommendations to the Governor and Illinois General Assembly

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1by September 30, 2019; and be it further
2 RESOLVED, That the Illinois State Police and its Division
3of Forensic Services are directed to take all steps possible to
4achieve compliance, or partial compliance, with the federal
5Rapid DNA Act of 2017 on the statewide crime lab level to
6fulfill implementation; and be it further
7 RESOLVED, That we express continued support to all of
8Illinois law enforcement, including but not limited to, the
9Illinois State Police, for their tireless and courageous work
10to maintain public security in the face of growing challenges
11created by drug violence and other social trends; and be it
12further
13 RESOLVED, That suitable copies of this resolution be
14delivered to the Governor of Illinois and the Director of State
15Police, Col. Sean Cormier of the Illinois State Police Division
16of Forensic Services-Forensic Sciences Command.
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