Bill Text: IL SB0666 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Creates the Forensic Laboratory Impact Note Act. Creates the Forensic Laboratory Impact Note. Provides that every bill, the purpose or effect of which is to increase or decrease the number of crime laboratories, increase or decrease the cost of operating crime laboratories, or alter any process involving or used by crime laboratories, either directly or indirectly, shall have prepared for it prior to second reading in the house of introduction a brief explanatory statement of the estimated total annual cost of such changes to the State and units of local government affected by those changes (if any). Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Creates the Illinois Forensic Science Commission. Provides that the Commission shall provide guidance to ensure the efficient delivery of forensic services and the sound practice of forensic science. Provides for the membership, meetings, duties, and reporting of the Commission. Amends the Illinois Procurement Code. Provides for the appointment of a chief procurement officer for publicly-funded forensic laboratories. Amends the Code of Criminal Procedure of 1963. Provides that upon disposition, withdrawal, or dismissal of any charge, the State's Attorney shall promptly notify the forensic laboratory or laboratories in possession of evidence, reports, or other materials or information related to that charge. Provides that a forensic scientist who is employed by or is contracted with the Division of Forensic Services of the Illinois State Police may complete a deposition by video conference or other electronic means. Effective immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2021-03-23 - Added as Chief Co-Sponsor Sen. Julie A. Morrison [SB0666 Detail]

Download: Illinois-2021-SB0666-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB0666 Introduced 2/24/2021, by Sen. Patricia Van Pelt SYNOPSIS AS INTRODUCED:
New Act
20 ILCS 2605/2605-615 new
725 ILCS 5/111-9 new
Creates the Forensic Laboratory Impact Note Act. Creates the Forensic Laboratory Impact Note. Provides that every bill, the purpose or effect of which is to increase or decrease the number of crime laboratories, increase or decrease the cost of operating crime laboratories, or alter any process involving or used by crime laboratories, either directly or indirectly, shall have prepared for it prior to second reading in the house of introduction a brief explanatory statement of the estimated total annual cost of such changes to the State and units of local government affected by those changes (if any). Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Creates the Illinois Forensic Science Commission. Provides that the Commission shall provide guidance to ensure the efficient delivery of forensic services and the sound practice of forensic science. Provides for the membership, meetings, duties, and reporting of the Commission. Amends the Illinois Procurement Code. Provides for the appointment of a chief procurement officer for publicly-funded forensic laboratories. Amends the Code of Criminal Procedure of 1963. Provides that upon disposition, withdrawal, or dismissal of any charge, the State's Attorney shall promptly notify the forensic laboratory or laboratories in possession of evidence, reports, or other materials or information related to that charge. Provides that a forensic scientist who is employed by or is contracted with the Division of Forensic Services of the Illinois State Police may complete a deposition by video conference or other electronic means. Effective immediately.
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A BILL FOR
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AN ACT concerning forensic science.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Forensic Laboratory Impact Note Act. References in this
Article to "this Act" mean this Article.
Section 5. Scope. Every bill, the purpose or effect of
which will: increase or decrease the number of crime
laboratories; increase or decrease the cost of operating crime
laboratories; impact on efficiencies and case loads as well as
provide other facts, data, research, and science relevant to
the legislative matter; or result in alteration in any process
involving or used by crime laboratories; either directly or
indirectly, shall have prepared for it prior to second reading
in the house of introduction a brief explanatory statement of
the estimated total annual cost of such changes to the State
and units of local government affected by those changes (if
any). These statements shall be known as "Forensic Laboratory
Impact Notes".
Section 10. Procedure. The sponsor of each bill referred
to in Section 5 shall present a copy of the bill, with his or
her requirements for a Note, to the Commission. The Note shall

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be prepared by the Illinois Forensic Science Commission and
furnished to the sponsor of the bill within 5 calendar days
thereafter; except that whenever, because of the complexity of
the measure, additional time is required for the preparation
of the Note the Commission may so inform the sponsor of the
bill and the sponsor may approve an extension of the time
within which the note should be furnished, not to extend,
however, beyond May 15 the odd numbered year following the
date of request.
Whenever the sponsor of any measure is of the opinion that
no Note is necessary, any member of either house may
thereafter request that a Note be obtained, and in such case
the matter shall be decided by majority vote of those present
and voting in the house of which he or she is a member.
Section 15. Purpose. The purpose of the Note shall be to
identify the fiscal and practical effects of proposed
legislation, including, but not limited to, analysis of
technology, additional, alterations, improvements, or
practices of forensic analyses for use in criminal
proceedings, impact on the following headcount, space,
equipment, instruments, accreditation, volume of cases for
analysis, scientific controls and quality assurance.
Section 20. Content. The Note shall be factual in nature,
as brief and concise as may be, and shall provide a reliable

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estimate of the annual cost to crime laboratories for which
the change is required. If it is determined that such need can
not be ascertained, the Note shall contain a statement to that
effect, setting forth the reasons why a determination of need
cannot be given.
Whenever any measure by which a Note is requested affects
both the State and one or more units of local government, such
effect must be set forth in the Note.
No comment or opinion shall be included in the Note
regarding the merits of the measure for which the Note is
prepared; however, technical or mechanical defects may be
noted. The name of the Illinois Forensic Science Commission
shall appear at the end of the note and the original of the
Note shall be signed by a designee of the Commission.
Section 25. Committee appearances. The fact that a Note is
prepared for any bill shall not preclude or restrict the
appearance before any committee of the General Assembly of any
official or authorized employee of the Commission, or any
State board, commission, department, agency, or other entity,
who desires to be heard in support of or in opposition to the
measure.
Section 30. Amendments. Whenever any committee of either
house reports any bill with amendments of such a nature as
will: increase or decrease the number of crime laboratories;

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increase or decrease the cost of operating crime laboratories;
impact on efficiencies and case loads as well as provide other
facts, data, research, and science relevant to the legislative
matter; or result in alteration in any process involving or
used by crime laboratories; either directly or indirectly, as
stated in the Note relating to the measure at the time of its
referral to the committee, there shall be included with the
report of the committee a statement of the effect of the change
proposed by the amendment reported as desired by a majority of
the committee.
Whenever any measure is amended on the floor of either
house in such manner as will: increase or decrease the number
of crime laboratories; increase or decrease the cost of
operating crime laboratories; impact on efficiencies and case
loads as well as provide other facts, data, research, and
science relevant to the legislative matter; or result in
alteration in any process involving or used by crime
laboratories; either directly or indirectly, as stated in the
Note relating to the measure prior to such amendment, a
majority of such house may propose that no action shall be
taken upon the amendment until the sponsor of the amendment
shows to the members a statement of the effect of his or her
proposed amendment.
Section 50. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by adding

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Section 2605-615 as follows:
(20 ILCS 2605/2605-615 new)
Sec. 2605-615. Illinois Forensic Science Commission.
(a) Creation. There is created within the Illinois State
Police the Illinois Forensic Science Commission.
(b) Duties and purpose. The Commission shall:
(1) Provide guidance to ensure the efficient delivery
of forensic services and the sound practice of forensic
science.
(2) Provide a forum for discussions between forensic
science stakeholders to improve communication and
coordination and to monitor the important issues impacting
all stakeholders.
(3) Take a systems-based approach in reviewing all
aspects of the delivery of forensic services and the sound
practice of forensic science with the goal of reducing or
eliminating the factors and inefficiencies that contribute
to backlogs and errors, with a focus on education and
training, funding, hiring, procurement, and other aspects
identified by the Commission.
(4) Review significant non-conformities with the sound
practice of forensic science documented by each
publicly-funded forensic laboratory and offer
recommendations for the correction thereof.
(5) Subject to appropriation, provide educational,

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research, and professional training opportunities for
practicing forensic scientists, police officers, judges,
State's Attorneys and Assistant State's Attorneys, Public
Defenders, and defense attorneys comporting with the sound
practice of forensic science.
(6) Collect and analyze information related to the
impact of current laws, rules, policies, and practices on
forensic crime laboratories and the practice of forensic
science; evaluate the impact of those laws, rules,
policies, and practices on forensic crime laboratories and
the practice of forensic science; identify new policies
and approaches, together with changes in science, and
technology; and make recommendations for changes to those
laws, rules, policies, and practices that will yield
better results in the criminal justice system consistent
with the sound practice of forensic science.
(7) Perform such other studies or tasks pertaining to
forensic crime laboratories as may be requested by the
General Assembly by resolution or the Governor, and
perform such other functions as may be required by law or
as are necessary to carry out the purposes and goals of the
Commission prescribed in this Section.
(8) Ensure that adequate resources and facilities are
available for carrying out the changes proposed in
legislation and that rational priorities are established
for the use of those resources. To do so, the Commission

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shall prepare Forensic Laboratory Impact Notes identifying
the fiscal and practical effects of proposed legislation
according to the provisions of the Forensic Laboratory
Impact Note Act, including, but not limited to, staffing,
resources, and a professional opinion on the value of the
change or changes proposed and related science.
(c) Members. The Commission shall be composed of the
Director of the Illinois State Police, or his or her designee,
together with the following members appointed for a term of 4
years by the Governor with the advice and consent of the
Senate:
(1) One crime laboratory director or administrator
from each publicly-funded forensic laboratory system.
(2) One member with experience in the admission of
forensic evidence in trials from a statewide association
representing prosecutors.
(3) One member with experience in the admission of
forensic evidence in trials from a statewide association
representing criminal defense attorneys.
(4) Three forensic scientists with bench work
background from various forensic disciplines (e.g., DNA,
chemistry, pattern evidence, etc.).
(5) One retired circuit court judge or associate
circuit court judge with criminal trial experience,
including experience in the admission of forensic evidence
in trials.

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(6) One academic specializing in the field of forensic
sciences.
(7) One or more community representatives (e.g.,
victim advocates, innocence project organizations, sexual
assault examiners, etc.).
The Governor shall designate one of the members of the
Commission to serve as the chair of the Commission. The
members of the Commission shall elect from their number such
other officers as they may determine. Members of the
Commission shall serve without compensation, but may be
reimbursed for reasonable expenses incurred in the performance
of their duties from funds appropriated for that purpose.
(d) Subcommittees. The Commission may form subcommittees
to study specific issues identified under paragraph (3) of
subsection (b), including, but not limited to, subcommittees
on education and training, procurement, funding and hiring. Ad
hoc subcommittees may also be convened to address other
issues. Such subcommittees shall meet as needed to complete
their work, and shall report their findings back to the
Commission. Subcommittees shall include members of the
Commission, and may also include non-members such as forensic
science stakeholders and subject matter experts.
(e) Meetings. The Commission shall meet quarterly, at the
call of the chairperson. Facilities for meeting, whether
remotely or in person, shall be provided for the Commission by
the Illinois State Police.

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(f) Reporting by publicly-funded forensic laboratories.
All State and local publicly-funded forensic laboratory
systems, including, but not limited to, the DuPage County
Forensic Science Center, the Northeastern Illinois Regional
Crime Laboratory, and the Illinois State Police, shall
annually provide to the Commission a report summarizing its
significant non-conformities with the efficient delivery of
forensic services and the sound practice of forensic science.
The report will identify: each significant non-conformity or
deficient method; how the non-conformity or deficient method
was detected; the nature and extent of the non-conformity or
deficient method; all corrective actions implemented to
address the non-conformity or deficient method; and an
analysis of the effectiveness of the corrective actions taken.
(g) Definition. As used in this Section, "Commission"
means the Illinois Forensic Science Commission.
Section 60. The Code of Criminal Procedure of 1963 is
amended by adding Sections 111-9 and 116-6 as follows:
(725 ILCS 5/111-9 new)
Sec. 111-9. Notification to forensic laboratories. Unless
the Supreme Court shall by Rule provide otherwise, upon
disposition, withdrawal, or dismissal of any charge, the
State's Attorney shall promptly notify the forensic laboratory
or laboratories in possession of evidence, reports, or other

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materials or information related to that charge. Notification
may be given by any reasonable means under the circumstances,
including, but not limited to, the Illinois State Police
Laboratory Information Management System, email, or telephone.
Section 99. Effective date. This Act takes effect upon
becoming law.