The Illinis Labratry Advisry Cmmittee Act

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1 0 ILCS. Shrt title Sec.. Shrt title. This Act may be cited as the Illinis Labratry Advisry Cmmittee Act. 0 ILCS /. Illinis Labratry Advisry Cmmittee; creatin Sec.. Illinis Labratry Advisry Cmmittee; creatin. (a) There is created the Illinis Labratry Advisry Cmmitte (hereinafter referred t as the Cmmittee). (b) The Cmmittee shall cnsist f members appinted as fllws: () ne member wh is a scientist frm the Department f Agriculture, appinted by the Directr f Agriculture; () ne member wh is a scientist frm the Department f Natural Resurces, appinted by the Directr f Natural Resurces;, () ne member wh is a scientist frm the Department f Public Health, appinted by the Directr f Public Health; () ne member wh is a scientist frm the Department f State Plice, appinted by the Directr f State Plice; () ne member wh is a scientist frm the Envirnmental Prtectin Agency, appinted by the Directr f the Envirnmental Prtectin Agency; () ne member wh is a scientist frm the Illinis Emergency ManagementAgency, appinted by the Directr f the Illinis Emergency Management Agency; () ne member wh is a scientist frm the Department f Transprtatin, appinted by the Secretary f Transprtatin; () ne member wh is a licensed attrney, with expertise in scientific evidence, appinted by the Ck Cunty Public Defender; () ne member wh is a licensed attrney, with expertise in scientific evidence, appinted. by the Ck Cunty State's Attrney; ' (0) ne member wh is a licensed attrney, with expertise in scientific evidence, appinted by the State Appellate Defender; () ne member wh is a licensed attrney, with expertise in scientific evidence, appinted by the Directr f the Office f the State's Attrneys Appellate Prsecutr; (~) ne member wh is a licensed attrney, with expertise in scientific evidence, appinted by the Attrney General; () ne member wh is an academic scientist with an advanced degree in life, physical, r medical sciences appinted by the Attrney General;

2 () () ne member wh is a scientist emplyed by the DuPage Cunty Sheriff's Crime Labratry appinted by the DuPage Cunty Sheriff's Crime Labratry Directr; and () ne member wh is an academic frensic scientist with an advanced degree in the life, physical, criminalistic, r medical sciences appinted by the president f the University f Illinis. (c) The Cmmittee Chairpersn may appint ne ex ffici member representing private labratries, and ne ex ffici member wh is a scientist representing the Nrthern Illinis Plice Crime Labratry. The president f the University flilinis may appint ne ex ffici member t the Cmmittee representing scial scientists. (d) Appintments t the Cmmittee shall be made within 0 days after the effective date f this Act with the first meeting f the Cmmittee being held n later than 0 days fllwing the effective date f this Act. The members f the Cmmittee shall chse a chairpersn frm amng its members. The chairpersn shall serve a -year term and shall be respnsible fr cnvening meetings, setting agendas, and finalizing reprts. (e) Fr the purpse f ensuring cntinuity n the Cmmittee, each member f the Cmmittee shall serve a -year term except members, chsen at randm, wh shall serve an initial term f years, after which they shall be eligible fr reappintment fr a term f years. Members shall serve at the discretin f their appinting authrities. (f) Vacancies n the Cmmittee shall be filled in accrdance with subsectins (b) and (e). A member f the Cmmittee appinted t fill a vacancy shall serve fr the unexpired term f the,member whm he r she is succeeding. (g) The Cmmittee shall nt be cmpensated. Travel csts assciated with the Cmmittee shall be reimbursed subject t the availability f State r the appinting agency's funds. Funds received frm public r private surces shall be gverned by all applicable laws t ensure ethics cmpliance. There is established the Illinis Labratry Advisry Cmmittee Act Fund in the State treasury int which funds received frm public r private surces shall be depsited fr use by the Cmmittee.. (h) The Cmmittee and individual members f the Cmmittee are immune frm any liability, whether civil r criminal, fr the gd faith perfrmance f the duties f the Cmmittee as specified in this Sectin. (i) N member f the Cmmittee shall be disqualified frm hlding public ffice r emplyment, nr shall he r she frfeit any such ffice r emplyment, by reasn f appointment under this Act, and members may nt be required t take and file aths f ffice befre serving n the Cmmittee. (j) Respnsibilities f the Cmmittee. The Cmmittee shall: () establish the rules and prcedures cncerning the cnduct f Cmmittee meetings and ther affairs nt incnsistent with law; () make recmmendatins regarding imprving plicy and prcedures t ensure cunsel fr the defense and prsecutin are receiving all evidence, reprts, and analytical dcumentatin relevant t disclsure;

3 () make recmmendatins regarding accreditatin and quality assurance as it applies t labratry testing that will be in cmpliance with recgnized Internatinal Organizatin fr Standardizatin and applicable prfessinal standards; () make recmmendatins regarding training prcedures t ensure training'i!) cnducted cnsistent with recgnized scientific prcedures;, " () make recmmendatins regarding staffing and funding needs t ensure resurces t btain accurate, timely, and cmplete analysis f all samples submitted fr testing; () make recmmendatins regarding private labratries cnducting scientific testing, including frensic testing, t ensure quality assurance and accreditatin standards are in cncert with the gvernmental labratries within the State; () make recmmendatins t ensure cnsistency amng judicial rders and rulings as it relates t evidence and discvery; () examine ways t make mre efficient use f the State labratries, including facilities, persnnel, and equipment; () examine ways t reduce labratry backlgs;.(0) review and cmment n the prpsed cnstructin, expansin, r renvatin f State labratry facilities exceeding $ 0,000 and generally plan fr future labratry needs; () cnduct such ther activities as may be necessary t prvide fr the safe and efficient peratin fstate labratries; () make recmmendatins n ther labratry issues nt listed in this Sectin as the Cmmittee deems apprpriate; () examine ways t enhance Illinis Hmeland Security thrugh crdinatin f labratry services with the Illinis Terrrism Task Frce; () cntinue t ensure that analysts are prvided all necessary tls and infrmatin needed t draw all relevant 'scientific cnclusins, and cnsider methds t guarantee that bservatins and cnclusins are nt inadvertently influenced by extraneus infrmatin; and () make annual recmmendatins in a reprt filed with the Gvernr, General Assembly, and Illinis Supreme Curt t facilitate any f the respnsibilities f the Cmmittee. Reprts shall be furnished t all members f the Cmmittee.

4 Illinis Labratry Advisry Cmmittee Page f PROFESSIONAL DEVELOPMENT POLICY MEMBERSHIP ABOUT APHL MEMBER RESOURCES Emergency Preparedness Envirnmental Health Fd Safety Glbal Health Infectius Diseases Infrmatics Labratry Systems and Standards Newbrn Screening and Genetics Labratry Advisry Cmmittee Illinis Labratry Advisry Cmmittee SAVED TOPICS: Inter-Labratry, Multidisciplinary Netwrk, Statewide Fcus: Plicy recmmendatins Certificatin requirements fr state labratries (frensics, public health, agriculture, etc.) Research Accmplishments: TEXT SIZE T T T Review f management salaries with respect t unin emplyee salaries Review f certificatin requirements fr frensic labratries. Members: Representatin frm each state agency with a labratry Materials: Illinis Labratry Advisry Cmmittee Agenda - April 00 Illinis Labratry Advisry Cmmittee Act 0:" ~.~~... /\ P H L I Assciatin f Public Health Labratries VOLUNTEER aphl.rg/ aphlpr grams/l s s/prj ects/lac/pages/illinislab.aspx 00

5 HR0 Page f HOUSE RESOLUTION WHEREAS, The Illinis State Plice Divisin f Frensic Services versees the third largest system f crime labratries in the wrld, cnsisting f frensic labratries prviding services t all f the apprximately,000 law enfrcement agencies in Illinis; and 0 WHEREAS, Accurate frensic labratry wrk is critical t establishing the scientific truth f evidence at issue in many criminal cases and errneus analysis, imprecise labratry practices and questinable science can lead t the cnvictin f inncent defendants and the exneratin f guilty nes; and 0 WHEREAS, In Fiscal Year 00 mre than $ millin was apprpriated fr Frensic Services, including increased funds fr DNA analysis and capital funds t expand the Chicag Frensic Labratry; and WHEREAS, Past sizeable backlgs in DNA testing and State utsurcing t a labratry reprting a high number f false negatives have raised questins abut the timeliness and integrity f results reprted by varius frensic labratries; and WHEREAS, Public Act -, effective January, 00, established an Illinis Labratry Advisry Cmmittee t, amng ther things, make recmmendatins regarding accreditatin and quality assurance as it applies t labratry testing that will be in cmpliance with recgnized Internatinal Organizatin fr Standardizatin and applicable prfessinal standards and t examine ways t reduce labratry backlgs; and WHEREAS, Illinis State Plice's frensic labratries are accredited by the American Sciety f Crime Labratry 00

6 HR0 Page f ' 0 Directrs/Labratry Accreditatin Bard (ASCLD/LAB); and WHEREAS, Accrding t its web site, ASCLD/LAB is a srt f "peer accreditatin" prgram managed by a paid staff wrking under the directin f a Bard f Directrs wh are elected by a Delegate Assembly cmpsed f the directrs f all accredited labratries and labratry systems; and 0 WHEREAS, Als accrding t ASCLD/LAB's web sit~, accreditatin is just "ne part f a labratry's quality assurance prgram which shuld als include prficiency testing, cntinuing educatin, and ther prgrams t help the labratry prvide better verall service t the criminal justice system"; therefre, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE 0 0 NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Auditr General is directed t cnduct a management and prgram audit f the Department f State Plice's (ISP) Divisin f Frensic Services; and be it further RESOLVED, That the audit include, but need nt be limited t, the fllwing determinatins: () whether the current funding f the ISP frensic labratries is sufficient, and if nt, what funding the General Assembly must apprpriate t meet their needs; () whether current staffing levels are sufficient; () whether ISP's plicies, prcedures, and prtcls fr perating its frensic labratries are apprpriate and cnfrm t prfessinal standards; () the extent t which ISP has addressed past prblems f testing backlgs; () if ISP utsurces any f its frensic labratry testing, the prcess fr selecting and mnitring thse cntractrs; () the adequacy f ISP's quality cntrl prcesses, particularly with regard t ensuring the integrity f test results prduced by r n behalf f ISP's frensic services divisin, including but nt limited t the accreditatin 00

7 HR0 Page f () 0 0 prcess; () the prcess in place at ISP t respnd t questins r cncerns raised abut the adequacy and/r accuracy f results prduced by ISP frensic labratries and frensic labratries under cntract with ISP; () the party r parties respnsible fr cnducting investigatins f allegatins against frens~c scientiits emplyed r cntracted by ISP and whether thse persns are independent f the subject r subjects f the investigatin and whether thse persns cmply with requirements set frth in the Cverdell Frensic Science Imprvement Grant Prgram; () the prcess fr cnducting investigatins and whether that prcess is adequate; (0) the prcess fr disclsing identified prblems with the cnduct f ISP's frensic labratr~es r with the results reprted by any f thse labratries t interested parties; / () the practice f cntracting ut frensic testing t private labratries fr pending cases in the criminal curts, and the reasning fr such practice; () the name and address f each private labratry cntracted by the Illinis State Plice fr frensic testing fr the years 000 t the present; and () whether any private frensic labratries which are ASCLD r ISO accredited exist in Illinis; and be it further RESOLVED, That the Illinis State Plice, its cntractrs and subcntractrs, and any ther entity r persn that may have infrmatin relevant t this audit cperate fully and prmptly with the Auditr General's Office in the cnduct f this audit; and be it further RESOLVED, That the.auditr General cmmence this audit as sn as pssible and distribute the reprt upn cmpletin in accrdance with Sectin - f the Illinis State Auditing Act. //00

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