Current through Public Act 103-1052
Section 730 ILCS 5/5-9-1.4(a) "Crime laboratory" means any not-for-profit laboratory registered with the Drug Enforcement Administration of the United States Department of Justice, substantially funded by a unit or combination of units of local government or the State of Illinois, which regularly employs at least one person engaged in the analysis of controlled substances, cannabis, methamphetamine, or steroids for criminal justice agencies in criminal matters and provides testimony with respect to such examinations.(c-1) A criminal laboratory analysis assessment, or equivalent fine or assessment, such as fees or administrative costs, shall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.(d) Notwithstanding subsection (c-1) of this Section, all funds provided for by this Section shall be collected by the clerk of the court and forwarded to the appropriate crime laboratory fund as provided in subsection (f).(e) Crime laboratory funds shall be established as follows: (1) Any unit of local government which maintains a crime laboratory may establish a crime laboratory fund within the office of the county or municipal treasurer.(2) Any combination of units of local government which maintains a crime laboratory may establish a crime laboratory fund within the office of the treasurer of the county where the crime laboratory is situated.(3) The State Crime Laboratory Fund is hereby created as a special fund in the State Treasury.(f) Funds shall be forwarded to the office of the treasurer of the unit of local government that performed the analysis if that unit of local government has established a crime laboratory fund, or to 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 crime laboratory funded by a combination of units of local government, the funds shall be forwarded to the treasurer of the county where the crime laboratory is situated if a 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 crime laboratory fund, then the funds shall be forwarded to the State Crime Laboratory Fund.(g) Moneys deposited into a crime laboratory fund created pursuant to paragraph (1) or (2) of subsection (e) of this Section shall be in addition to any allocations made pursuant to existing law and shall be designated for the exclusive use of the crime laboratory. These uses may include, but are not limited to, the following:(1) costs incurred in providing analysis for controlled substances in connection with criminal investigations conducted within this State;(2) purchase and maintenance of equipment for use in performing analyses; and(3) continuing education, training, and professional development of forensic scientists regularly employed by these laboratories.(h) Moneys deposited in the State Crime Laboratory Fund created pursuant to paragraph (3) of subsection (d) of this Section 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 pursuant to existing law and shall be designated for the exclusive use of State crime laboratories or for the sexual assault evidence tracking system created under Section 50 of the Sexual Assault Evidence Submission Act. These uses may include those enumerated in subsection (g) of this Section.Amended by P.A. 103-0605,§ 565, eff. 7/1/2024.Amended by P.A. 103-0379,§ 40, eff. 7/28/2023.Amended by P.A. 103-0363,§ 1-100, eff. 7/28/2023.Amended by P.A. 102-0813,§ 655, eff. 5/13/2022.Amended by P.A. 102-0538,§ 1055, eff. 8/20/2021.Amended by P.A. 102-0505,§ 35, eff. 8/20/2021.Amended by P.A. 101-0377,§ 25, eff. 8/16/2019.Amended by P.A. 100-0987,§ 905-90, eff. 7/1/2019.Amended by P.A. 094-0556, § 1110, eff. 9/11/2005. P.A. 90-655, eff. 7-30-98; 92-312, eff. 1-1-02.