Bill Text: IL SB3738 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Provides that when a person is adjudged guilty of first degree murder, any sex offense defined in the Sex Offender Registration Act, or financial exploitation of an elderly person or a person with a disability, in addition to any other disposition, penalty, or fine imposed, an analysis fee of $150 shall be imposed for each digital device analyzed by a cyber crime laboratory. Provides that upon verified petition of the defendant, the court shall suspend payment of all or part of the fee if it finds that the defendant does not have the ability to pay the fee. Creates the State Police Crime Laboratory Fund in the State treasury. Provides that the analysis fee shall be forwarded to the office of the treasurer of the unit of local government that performed the forensic analysis if that unit of local government has established a cyber crime laboratory fund, or remitted to the State Treasurer for deposit into the State Crime Laboratory Fund if the analysis was performed by a laboratory operated by the Illinois State Police. Provides that moneys deposited into a cyber crime laboratory fund created by a unit or a combination of units of local government shall be in addition to any allocations made pursuant to existing law and shall be designated for the exclusive use of the cyber crime laboratory. Provides that moneys deposited in the State Crime Laboratory Fund shall be used by State crime laboratories as designated by the Director of the Illinois State Police. Provides that these funds shall be in addition to any allocations made according to existing law and shall be designated for the exclusive use of State crime laboratories. Adds various definitions. Amends the State Finance Act to make conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-10 - Rule 3-9(a) / Re-referred to Assignments [SB3738 Detail]

Download: Illinois-2021-SB3738-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB3738 Introduced 1/21/2022, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
30 ILCS 105/5.970 new
730 ILCS 5/5-9.1-23 new
Amends the Unified Code of Corrections. Provides that when a person is adjudged guilty of first degree murder, any sex offense defined in the Sex Offender Registration Act, or financial exploitation of an elderly person or a person with a disability, in addition to any other disposition, penalty, or fine imposed, an analysis fee of $150 shall be imposed for each digital device analyzed by a cyber crime laboratory. Provides that upon verified petition of the defendant, the court shall suspend payment of all or part of the fee if it finds that the defendant does not have the ability to pay the fee. Creates the State Police Crime Laboratory Fund in the State treasury. Provides that the analysis fee shall be forwarded to the office of the treasurer of the unit of local government that performed the forensic analysis if that unit of local government has established a cyber crime laboratory fund, or remitted to the State Treasurer for deposit into the State Crime Laboratory Fund if the analysis was performed by a laboratory operated by the Illinois State Police. Provides that moneys deposited into a cyber crime laboratory fund created by a unit or a combination of units of local government shall be in addition to any allocations made pursuant to existing law and shall be designated for the exclusive use of the cyber crime laboratory. Provides that moneys deposited in the State Crime Laboratory Fund shall be used by State crime laboratories as designated by the Director of the Illinois State Police. Provides that these funds shall be in addition to any allocations made according to existing law and shall be designated for the exclusive use of State crime laboratories. Adds various definitions. Amends the State Finance Act to make conforming changes.
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A BILL FOR
SB3738 LRB102 23463 RLC 35049 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by adding
Section 5.970 as follows:
(30 ILCS 105/5.970 new)
Sec. 5.970. The State Police Crime Laboratory Fund.
Section 10. The Unified Code of Corrections is amended by
adding Section 5-9.1-23 as follows:
(730 ILCS 5/5-9.1-23 new)
Sec. 5-9.1-23. Cyber crime laboratory fee.
(a) In this Section:
"Cyber crime laboratory" means a not-for-profit laboratory
substantially funded by a single unit or combination of units
of local government, including law enforcement agencies, or
the State of Illinois that regularly employs at least one
person engaged in the forensic analysis and examination of
digital devices for criminal justice agencies in criminal
matters and provides testimony with respect to such
examinations.
"Digital device" means a computer, mobile

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telecommunications device, or any other electronic device that
accepts, processes, stores, retrieves, or outputs data and
includes, but is not limited to, auxiliary storage, including
cloud-based networks of remote services hosted on the
Internet, and telecommunications devices connected to
computers.
"Forensic analysis" means the use of scientifically
derived and proven methods toward the preservation,
collection, validation, identification, analysis,
interpretation, documentation and presentation of digital
evidence derived from digital sources and digital devices for
the purpose of facilitating or furthering the reconstruction
of events found to be criminal.
(b) When a person is adjudged guilty of any violation of:
(1) Section 9-1 of the Criminal Code of 1961 or the
Criminal Code of 2012 (first degree murder);
(2) any sex offense defined in Section 2 of the Sex
Offender Registration Act; or
(3) Section 17-56 of the Criminal Code of 1961 or the
Criminal Code of 2012 (financial exploitation of an
elderly person or a person with a disability),
in addition to any other disposition, penalty, or fine
imposed, an analysis fee of $150 shall be imposed for each
digital device analyzed by a cyber crime laboratory. Upon
verified petition of the defendant, the court shall suspend
payment of all or part of the fee if it finds that the

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defendant does not have the ability to pay the fee.
(c) In addition to any other disposition made under the
provisions of the Juvenile Court Act of 1987, any minor
adjudicated delinquent for an offense listed in subsection (b)
shall pay $150 for each adjudication. Upon verified petition
of the minor, the court shall suspend payment of all or part of
the fee if it finds that the minor does not have the ability to
pay the fee. The parent, guardian, or legal custodian of the
minor may pay some or all of the fee on the minor's behalf.
(d) All cyber-crime forensic analysis fees provided for by
this Section shall be collected by the clerk of the court and
forwarded to the treasurer of the appropriate unit of
government for deposit into the appropriate fund as provided
in subsection (f).
(e) Crime laboratory funds shall be established as
follows:
(1) A unit of local government that maintains a cyber
crime laboratory may establish a cyber crime laboratory
fund within the office of the county or municipal
treasurer.
(2) Any combination of units of local government,
including law enforcement agencies, that maintains a cyber
crime laboratory may establish a cyber crime laboratory
fund within the office of the treasurer of the county
where the crime laboratory is situated.
(3) The State Police Crime Laboratory Fund is created

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as a special fund in the State treasury.
(f) The analysis fee provided for in subsections (b) and
(c) shall be forwarded to the treasurer of the unit of local
government that performed the forensic analysis if that unit
of local government has established a cyber crime laboratory
fund, or remitted to the State Treasurer for deposit into the
State Crime Laboratory Fund if the analysis was performed by a
laboratory operated by the Illinois State Police. If the
analysis was performed by a cyber crime laboratory funded by a
combination of units of local government, the analysis fee
shall be forwarded to the treasurer of the county where the
crime laboratory is situated if a cyber crime laboratory fund
has been established in that county. If the unit of local
government or combination of units of local government has not
established a cyber crime laboratory fund, then the analysis
fee shall be remitted to the State Treasurer for deposit into
the State Crime Laboratory Fund.
(g) Moneys deposited into a cyber crime laboratory fund
created under paragraphs (1) and (2) of subsection (e) shall
be in addition to any allocations made pursuant to existing
law and shall be designated for the exclusive use of the cyber
crime laboratory. These uses may include, but are not limited
to, the following:
(1) Costs incurred in providing analysis for cyber
crime investigations conducted within this State.
(2) Purchase and maintenance of equipment for use in

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performing analyses.
(3) Continuing education, training, and professional
development of forensic scientists regularly employed by
these laboratories.
(h) Moneys deposited in the State Crime Laboratory Fund
shall be used by State crime laboratories as designated by the
Director of the Illinois State Police. These funds shall be in
addition to any allocations made according to existing law and
shall be designated for the exclusive use of State crime
laboratories. These uses may include those enumerated in
subsection (g).