Bill Text: IL HB4519 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Vital Records Act. Provides that an additional fee for certified copies of death certificates and fetal death certificates is $4 (rather than $2). Provides that $2 of the additional fee must be deposited into the State Crime Laboratory Fund. Amends the Unified Code of Corrections. Provides that moneys deposited into the State Crime Laboratory Fund under the amendatory provisions shall be used for continuing education, training, and professional development of forensic scientists.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4519 Detail]

Download: Illinois-2019-HB4519-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4519 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
410 ILCS 535/25 from Ch. 111 1/2, par. 73-25
410 ILCS 535/25.5
730 ILCS 5/5-9-1.4 from Ch. 38, par. 1005-9-1.4
Amends the Vital Records Act. Provides that an additional fee for certified copies of death certificates and fetal death certificates is $4 (rather than $2). Provides that $2 of the additional fee must be deposited into the State Crime Laboratory Fund. Amends the Unified Code of Corrections. Provides that moneys deposited into the State Crime Laboratory Fund under the amendatory provisions shall be used for continuing education, training, and professional development of forensic scientists.
LRB101 18293 CPF 67739 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Vital Records Act is amended by changing
Sections 25 and 25.5 as follows:
(410 ILCS 535/25) (from Ch. 111 1/2, par. 73-25)
Sec. 25. In accordance with Section 24 of this Act, and the
regulations adopted pursuant thereto:
(1) The State Registrar of Vital Records shall search
the files of birth, death, and fetal death records, upon
receipt of a written request and a fee of $10 from any
applicant entitled to such search. A search fee shall not
be required for commemorative birth certificates issued by
the State Registrar. A search fee shall not be required for
a birth record search from a person (1) upon release on
parole, mandatory supervised release, final discharge, or
pardon from the Department of Corrections if the person
presents a prescribed verification form completed by the
Department of Corrections verifying the person's date of
birth and social security number, or (2) placed on
aftercare release under the Juvenile Court Act of 1987,
upon release on parole, mandatory supervised release,
final discharge, or pardon from the Department of Juvenile

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Justice if the person presents a prescribed verification
form completed by the Department of Juvenile Justice
verifying the person's date of birth and social security
number; however, the person is entitled to only one search
fee waiver. If, upon search, the record requested is found,
the State Registrar shall furnish the applicant one
certification of such record, under the seal of such
office. If the request is for a certified copy of the
record an additional fee of $5 shall be required. An
additional fee for a certified copy of the record shall not
be required from a person (1) upon release on parole,
mandatory supervised release, final discharge, or pardon
from the Department of Corrections if the person presents a
prescribed verification form completed by the Department
of Corrections verifying the released person's date of
birth and social security number, or (2) placed on
aftercare release under the Juvenile Court Act of 1987,
upon release on parole, mandatory supervised release,
final discharge, or pardon from the Department of Juvenile
Justice if the person presents a prescribed verification
form completed by the Department of Juvenile Justice
verifying the person's date of birth and social security
number; however, the person is entitled to only one
certified copy fee waiver. If the request is for a
certified copy of a death certificate or a fetal death
certificate, an additional fee of $4 $2 is required. $2 of

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the The additional fee shall be deposited into the Death
Certificate Surcharge Fund and $2 shall be deposited into
the State Crime Laboratory Fund. A further fee of $2 shall
be required for each additional certification or certified
copy requested. If the requested record is not found, the
State Registrar shall furnish the applicant a
certification attesting to that fact, if so requested by
the applicant. A further fee of $2 shall be required for
each additional certification that no record has been
found.
Any local registrar or county clerk shall search the
files of birth, death and fetal death records, upon receipt
of a written request from any applicant entitled to such
search. If upon search the record requested is found, such
local registrar or county clerk shall furnish the applicant
one certification or certified copy of such record, under
the seal of such office, upon payment of the applicable
fees. If the requested record is not found, the local
registrar or county clerk shall furnish the applicant a
certification attesting to that fact, if so requested by
the applicant and upon payment of applicable fee. The local
registrar or county clerk must charge a $2 fee for each
certified copy of a death certificate. The fee is in
addition to any other fees that are charged by the local
registrar or county clerk. The additional fees must be
transmitted to the State Registrar monthly and deposited

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into the Death Certificate Surcharge Fund. The local
registrar or county clerk may charge fees for providing
other services for which the State Registrar may charge
fees under this Section.
A request to any custodian of vital records for a
search of the death record indexes for genealogical
research shall require a fee of $10 per name for a 5 year
search. An additional fee of $1 for each additional year
searched shall be required. If the requested record is
found, one uncertified copy shall be issued without
additional charge.
Any fee received by the State Registrar pursuant to
this Section which is of an insufficient amount may be
returned by the State Registrar upon his recording the
receipt of such fee and the reason for its return. The
State Registrar is authorized to maintain a 2 signature,
revolving checking account with a suitable commercial bank
for the purpose of depositing and withdrawing-for-return
cash received and determined insufficient for the service
requested.
No fee imposed under this Section may be assessed
against an organization chartered by Congress that
requests a certificate for the purpose of death
verification.
Any custodian of vital records, whether it may be the
Department of Public Health, a local registrar, or a county

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clerk shall charge an additional $2 for each certified copy
of a death certificate and that additional fee shall be
collected on behalf of the Department of Financial and
Professional Regulation for deposit into the Cemetery
Oversight Licensing and Disciplinary Fund.
(2) The certification of birth may contain only the
name, sex, date of birth, and place of birth, of the person
to whom it relates, the name, age and birthplace of the
parents, and the file number; and none of the other data on
the certificate of birth except as authorized under
subsection (5) of this Section.
(3) The certification of death shall contain only the
name, Social Security Number, sex, date of death, and place
of death of the person to whom it relates, and file number;
and none of the other data on the certificate of death
except as authorized under subsection (5) of this Section.
(4) Certification or a certified copy of a certificate
shall be issued:
(a) Upon the order of a court of competent
jurisdiction; or
(b) In case of a birth certificate, upon the
specific written request for a certification or
certified copy by the person, if of legal age, by a
parent or other legal representative of the person to
whom the record of birth relates, or by a person having
a genealogical interest; or

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(c) Upon the specific written request for a
certification or certified copy by a department of the
state or a municipal corporation or the federal
government; or
(c-1) Upon the specific written request for a
certification or certified copy by a State's Attorney
for the purpose of a criminal prosecution; or
(d) In case of a death or fetal death certificate,
upon specific written request for a certified copy by a
person, or his duly authorized agent, having a
genealogical, personal or property right interest in
the record.
A genealogical interest shall be a proper purpose with
respect to births which occurred not less than 75 years and
deaths which occurred not less than 20 years prior to the
date of written request. Where the purpose of the request
is a genealogical interest, the custodian shall stamp the
certification or copy with the words, FOR GENEALOGICAL
PURPOSES ONLY.
(5) Any certification or certified copy issued
pursuant to this Section shall show the date of
registration; and copies issued from records marked
"delayed," "amended," or "court order" shall be similarly
marked and show the effective date.
(6) Any certification or certified copy of a
certificate issued in accordance with this Section shall be

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considered as prima facie evidence of the facts therein
stated, provided that the evidentiary value of a
certificate or record filed more than one year after the
event, or a record which has been amended, shall be
determined by the judicial or administrative body or
official before whom the certificate is offered as
evidence.
(7) Any certification or certified copy issued
pursuant to this Section shall be issued without charge
when the record is required by the United States Veterans
Administration or by any accredited veterans organization
to be used in determining the eligibility of any person to
participate in benefits available from such organization.
Requests for such copies must be in accordance with
Sections 1 and 2 of "An Act to provide for the furnishing
of copies of public documents to interested parties,"
approved May 17, 1935, as now or hereafter amended.
(8) The National Vital Statistics Division, or any
agency which may be substituted therefor, may be furnished
such copies or data as it may require for national
statistics; provided that the State shall be reimbursed for
the cost of furnishing such data; and provided further that
such data shall not be used for other than statistical
purposes by the National Vital Statistics Division, or any
agency which may be substituted therefor, unless so
authorized by the State Registrar of Vital Records.

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(9) Federal, State, local, and other public or private
agencies may, upon request, be furnished copies or data for
statistical purposes upon such terms or conditions as may
be prescribed by the Department.
(10) The State Registrar of Vital Records, at his
discretion and in the interest of promoting registration of
births, may issue, without fee, to the parents or guardian
of any or every child whose birth has been registered in
accordance with the provisions of this Act, a special
notice of registration of birth.
(11) No person shall prepare or issue any certificate
which purports to be an original, certified copy, or
certification of a certificate of birth, death, or fetal
death, except as authorized in this Act or regulations
adopted hereunder.
(12) A computer print-out of any record of birth, death
or fetal record that may be certified under this Section
may be used in place of such certification and such
computer print-out shall have the same legal force and
effect as a certified copy of the document.
(13) The State Registrar may verify from the
information contained in the index maintained by the State
Registrar the authenticity of information on births,
deaths, marriages and dissolution of marriages provided to
a federal agency or a public agency of another state by a
person seeking benefits or employment from the agency,

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provided the agency pays a fee of $10.
(14) The State Registrar may issue commemorative birth
certificates to persons eligible to receive birth
certificates under this Section upon the payment of a fee
to be determined by the State Registrar.
(Source: P.A. 99-95, eff. 7-21-15; 100-42, eff. 1-1-18;
100-724, eff. 8-3-18.)
(410 ILCS 535/25.5)
Sec. 25.5. Death Certificate Surcharge Fund; State Crime
Laboratory Fund.
(a) The additional $2 of the additional fee for certified
copies of death certificates and fetal death certificates must
be deposited into the Death Certificate Surcharge Fund, a
special fund created in the State treasury. Beginning 30 days
after the effective date of this amendatory Act of the 92nd
General Assembly and until January 1, 2003 and then beginning
again on July 1, 2003 and until July 1, 2005, moneys in the
Fund, subject to appropriation, may be used by the Department
for the purpose of implementing an electronic reporting system
for death registrations as provided in Section 18.5 of this
Act. Before the effective date of this amendatory Act of the
92nd General Assembly, on and after January 1, 2003 and until
July 1, 2003, and on and after July 1, 2005, moneys in the
Fund, subject to appropriations, may be used as follows: (i)
25% by the Coroner Training Board for the purpose of training

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coroners, deputy coroners, forensic pathologists, and police
officers for death investigations and lodging and travel
expenses relating to training, (ii) 25% for grants by the
Department of Public Health for distribution to all local
county coroners and medical examiners or officials charged with
the duties set forth under Division 3-3 of the Counties Code,
who have a different title, for equipment and lab facilities,
(iii) 25% by the Department of Public Health for the purpose of
setting up a statewide database of death certificates and
implementing an electronic reporting system for death
registrations pursuant to Section 18.5, and (iv) 25% for a
grant by the Department of Public Health to local registrars.
(b) $2 of the additional fee for certified copies of death
certificates and fetal death certificates must be deposited
into the State Crime Laboratory Fund.
(Source: P.A. 99-408, eff. 1-1-16.)
Section 10. The Unified Code of Corrections is amended by
changing Section 5-9-1.4 as follows:
(730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
Sec. 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

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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.
(b) (Blank).
(c) In addition to any other disposition made pursuant to
the provisions of the Juvenile Court Act of 1987, any minor
adjudicated delinquent for an offense which if committed by an
adult would constitute a violation of the Cannabis Control Act,
the Illinois Controlled Substances Act, the Methamphetamine
Control and Community Protection Act, or the Steroid Control
Act shall be required to pay a criminal laboratory analysis
assessment of $100 for each adjudication. Upon verified
petition of the minor, the court may suspend payment of all or
part of the assessment if it finds that the minor does not have
the ability to pay the assessment. The parent, guardian or
legal custodian of the minor may pay some or all of such
assessment on the minor's behalf.
(d) All criminal laboratory analysis fees 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.

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(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) The analysis assessment provided for in subsection (c)
of this Section 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 analysis assessment 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 analysis assessment shall be forwarded to the State
Crime Laboratory Fund.
(g) Moneys deposited into a crime laboratory fund created
pursuant to paragraphs (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

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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 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.
Moneys deposited in the State Crime Laboratory Fund
pursuant to Section 25 and subsection (b) of Section 25.5 of
the Vital Records Act shall be used according to paragraph (3)
of subsection (g) of this Section.
(Source: P.A. 100-987, eff. 7-1-19; 101-377, eff. 8-16-19.)