Illinois Association of Property and Evidence Managers

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1 IAPEM Quarterly Newsletter Special points of interest: Changes to Illinois laws IAPEM Conference April in Glenview Drug Disposal regulations Inside this issue: IAPEM elections Cellular Devices 2 3 Illinois Laws 3 Improper Evidence Storage 3 Debi Heninger 4 Public Act 4 Illinois Association of Property and Evidence Managers Volume 8, Issue 1 President s Message Happy New Year! I am proud and privileged to have been elected as President of the IAPEM! As we each start a new year in our various organizations and departments I wish each of you good luck and I look forward to getting to know each of you and network with you to make IAPEM a greater organization brings numerous law changes in Illinois. Over 200 laws were changed as of January 1, 2016! Go to Pages/Stories.aspx? StoryId=714 to see the list and short descriptions of the changes. One area of note is HB 0369/PA that Allows the statute of limitations time February 2016 period to pause when sexual assault evidence is being collected, submitted and analyzed. The newly elected board of officers is extremely busy getting ready for our 2016 conference. This will be our 10th anniversary conference and promises to be a great one! Final contracts are being signed with speakers and vendors so save the dates of April 13-15, We will be at the same location as last year, the Wyndham Hotel and Conference Center in Glenview, IL. Also note that prices did not go up this year! Registration before March 15 (Early Bird) for members is $355 and nonmembers is $380.Registration after March 15 for member is $375 and nonmembers is $400. Be sure to bring extra money to purchase IAPEM clothing and other items and to purchase raffle tickets, we have some great prizes this year!! The IAPEM website at will be getting an overhaul soon so keep checking back as we try to make the site more user-friendly and helpful to members. If you have questions, please feel free to me or other officers. If I can t answer your question, I ll try to find someone who can! Until we meet at the IAPEM Conference in April, stay safe. Tom Lex IAPEM President

2 Page 2 Illinois Association of Property and Evidence Managers Illinois Association of Property and Evidence Managers Results of Members votes for IAPEM Here are the results of the elections for IAPEM: President: Tom Lex (Lake County Sheriff s Office) Vice-President: Amanda Fox-Arney (Naperville Police Department) Secretary: Stacey Rivas (Elgin Police Department) Treasurer: Michelle Borrero (Illinois State Police) Board: CJ Camel (Glendale Police Department) The Board of Directors consists of: Donald Comstock (DuPage County Sheriff s Office) Mary Dastych (DuPage County Sheriff s Office) Lisa Robin (Lake County Sheriff s Office, retired) Police Department) IAPEM would like to thank the membership for voting and ensuring the future of the organization. Remember at the IAPEM Conference there will be an open board meeting in which all members of IAPEM are encouraged to attend. The Chairman of the Laura Werner (Skokie Stacey Rivas Secretary: Kristen Jordan

3 Volume 8, Issue 1 Page 3 Search of Cellular Devices The Supreme Court reviewed two particular cases in making their ruling on whether or not police have the right to search a cellular device in conjunction to incident arrest. The court considered these two cases to determine whether or not the search of a cellular phone/device that contains personal data could be undertaken as an incident to arrest search that is allowed as an exception to the warrant requirements. Keep in mind that the search incident to arrest intention is to protect the officer from being harmed as well as preserve evidence that might otherwise be destroyed. The Court concluded in its review of these cases that the individual s interest was more significant, thus a warrant must be obtained to search a cellular device. The Court determined that digital data itself could not be used to harm an officer or to effectuate an escape. US Supreme Court Changes to Illinois Laws The following is a brief synopsis of the changes to Illinois Laws and statutes: Body Cameras (SB 1304/ PA ) Establishes rules and regulations for the use of officer-worn body cameras and implements a package of police reforms. Does not require police departments to use body cameras. If they choose to do so, officers must keep their cameras on when conducting law enforcement activities. Officers would be allowed to turn the camera off when talking to a confidential informant, or at the request of a victim or witness. Requires officers to let people know they are recording if they enter a home. Coroner Training Board (SB 663/PA ) Creates the Coroner Training Board Act and transfers oversight of coroner training from Law Enforcement Training Standards Board to a new Coroner Training Board the authority to conduct and approve a training program in death investigations. Mistaken Arrest Records (HB 169/PA ) Requires if a person has been arrested for a criminal offense based upon mistaken identity, the law enforcement agency whose officers made the arrest to delete or retract the arrest records of that person. Powdered Alcohol Ban (SB9/PA ) Prohibits the sale of products consisting of or containing powdered alcohol in Illinois by creating a Class A misdemeanor for a violation and a Class 4 felony for a second or subsequent violations. Powdered Caffeine Prohibition (SB 1129/PA ) Gives law enforcement a new tool in combating the sale, distribution and possession of synthetic drugs by banning their underlying chemical structure. Preservation and Delivery of Evidence (HB 233/PA ) Requires the County Coroner to properly preserve Continued on page 5 Doesn t require police departments to use body cameras.

4 Page 4 Newport Police Department in Minnesota In November 2015 it was reported that there were significant issues in the Newport Police property room. These issues included: some guns and drugs were missing or unaccounted for in the property room records. The Washington County Sheriff s Office was contracted by Newport City Council to inventory and Illinois Association of Property and Evidence Managers Can Improper Evidence Storage and Tracking Lead to Scrapping of Local Police Force? assess the room. The findings from this report highlighted that evidence and property would enter the system, but due to missing documentation what happened to the evidence was not well documented. The City Council is also considering whether it would be more economical for the city to contract with Washington County Sheriff s Office for police services. This investigation and other issues has ultimately led the City Council in December 2015 to eliminate the Newport Police Department and contract the policing services from Washington County Sheriff s office. Debi Heninger Honored by California Assn. for Property & Evidence Info from LA Times and reporter Bryce Alderton Peers nominated Heninger, who works for Laguna Beach Police Department for Orange County s top officer by the California Association for Property and evidence. Heninger was one of 5 finalists for this distinction. In her nomination her peers characterized her job ethics as keeping evidence safe. Her supervisor, Sgt. Tim Kleiser indicated that Debi s dedication and hard work are two reasons why she won the award in Orange County. Heninger was shocked by the honor, but continues to work to help others and was recently nominated and elected as CAPE s training and executive advisor. Congratulations to Debi Heninger from IAPEM! Public Act Secretary: Stacey Rivas Provides an in-house drug disposal system In July 2015 the Illinois legislature amended Public Act stating that effective immediately a law enforcement agency must to the extent allowed under federal law, drug evidence that is placed into a drug destruction device by a law enforcement agency at the location where the evidence is stored by the law enforcement agency and that is destroyed under the supervision of the agency in accordance with the specifications of the device manufacturer shall not be considered discarded or a waste under this Act until it is ren- dered non-retrievable. Non-retrievable defined by the State means the condition or state following a process that permanently alters the illegal drug unavailable and unusable for all practical purposes.

5 Volume 8, Issue 1 Page 5 Changes to Illinois Laws Continued from page 3 evidence from a death investigation if appropriate equipment is available and release it to the investigating agency no later than 30 days after collection. Requires the police agency receiving that evidence to submit the specimens to a National DNA Index System participating laboratory within the state. Statute of Limitations Suspensions for Sexual Assault Evidence Kits (HB 369/PA ) Tolls the statute of limitation period for charging a sex crime from the time evidence of a sexual assault is collected and submitted by a law enforcement agency until the completion of the analysis of the Illinois State Police. Cook County Forest Preserve Police (SB 376/PA ) Provides that when Cook County Forest Preserve Police are outside the limits of their territory, either leased or licensed by the district and have easement rights, they will act in aid of regular police force of any such city or village. Illinois State Capital Inside Story Headline

6 The Primary Goals of IAPEM are: PO Box Hoffman Estates, IL President: Tom Lex Vice-President: Amanda Fox-Arney To provide for an educational exchange, dissemination of information and networking relative to the property and evidence function, for agencies in the State of Illinois. To promote professionalism of property and evidence personnel and to support high standards of performance in pursuit of this task. To deal with the collection, storage, preservation and disposal methods within law enforcement agencies in the State of Illinois. To solicit legal opinions and educate the membership on current or pending legislation that may impact property and evidence collection and preservation. Secretary: Stacey Rivas Treasurer: Michelle Borrero Visit us on the web at: IAPEM.org April IAPEM Conference