101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2329

 

Introduced , by Rep. Deanne M. Mazzochi

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/116-4
735 ILCS 5/Art. VIII Pt. 29 heading new
735 ILCS 5/8-2901 new

    Amends the Code of Criminal Procedure of 1963. Provides that the law enforcement agency shall present the documentation demonstrating the chain of custody that accompanies the forensic evidence at trial, as well as authenticated copies of the original testing, including, but not limited to, laboratory notebooks, the resumes and qualifications of each individual performing and analyzing the testing and results, as well as supporting documentation from the test methodology itself. Provides that the provision does not apply if a representative of the defendant witnesses the testing as it is being performed or if stipulated to by counsel. Amends the Code of Civil Procedure. Provides that any party seeking to introduce forensic or scientific testing evidence shall present the documentation demonstrating the chain of custody that accompanies the forensic or scientific evidence at trial, as well as authenticated copies of the original testing, including, but not limited to, laboratory notebooks, the resumes and qualifications of each individual performing and analyzing the testing and results, as well as supporting documentation from the test methodology itself. Provides that the receiving party of the evidence in the discovery phase may also request the raw electronic files underlying analytical testing performed on any article or sample.


LRB101 10874 SLF 56017 b

 

 

A BILL FOR

 

HB2329LRB101 10874 SLF 56017 b

1    AN ACT concerning forensic evidence.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 116-4 as follows:
 
6    (725 ILCS 5/116-4)
7    Sec. 116-4. Preservation of evidence for forensic testing.
8    (a) Before or after the trial in a prosecution for a
9violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50,
1011-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
11Code of 1961 or the Criminal Code of 2012 or in a prosecution
12for an offense defined in Article 9 of that Code, or in a
13prosecution for an attempt in violation of Section 8-4 of that
14Code of any of the above-enumerated offenses, unless otherwise
15provided herein under subsection (b) or (c), a law enforcement
16agency or an agent acting on behalf of the law enforcement
17agency shall preserve, subject to a continuous chain of
18custody, any physical evidence in their possession or control
19that is reasonably likely to contain forensic evidence,
20including, but not limited to, fingerprints or biological
21material secured in relation to a trial and with sufficient
22documentation to locate that evidence. The law enforcement
23agency shall present the documentation demonstrating the chain

 

 

HB2329- 2 -LRB101 10874 SLF 56017 b

1of custody that accompanies the forensic evidence at trial, as
2well as authenticated copies of the original testing,
3including, but not limited to, laboratory notebooks, the
4resumes and qualifications of each individual performing and
5analyzing the testing and results, as well as supporting
6documentation from the test methodology itself. This
7requirement shall not apply if a representative of the
8defendant witnesses the testing as it is being performed or if
9stipulated to by counsel.
10    (b) After a judgment of conviction is entered, the evidence
11shall either be impounded with the Clerk of the Circuit Court
12or shall be securely retained by a law enforcement agency.
13Retention shall be permanent in cases where a sentence of death
14is imposed. Retention shall be until the completion of the
15sentence, including the period of mandatory supervised release
16for the offense, or January 1, 2006, whichever is later, for
17any conviction for an offense or an attempt of an offense
18defined in Article 9 of the Criminal Code of 1961 or the
19Criminal Code of 2012 or in Section 11-1.20, 11-1.30, 11-1.40,
2011-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the
21Criminal Code of 1961 or the Criminal Code of 2012 or for 7
22years following any conviction for any other felony for which
23the defendant's genetic profile may be taken by a law
24enforcement agency and submitted for comparison in a forensic
25DNA database for unsolved offenses.
26    (c) After a judgment of conviction is entered, the law

 

 

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1enforcement agency required to retain evidence described in
2subsection (a) may petition the court with notice to the
3defendant or, in cases where the defendant has died, his
4estate, his attorney of record, or an attorney appointed for
5that purpose by the court for entry of an order allowing it to
6dispose of evidence if, after a hearing, the court determines
7by a preponderance of the evidence that:
8        (1) it has no significant value for forensic science
9    analysis and should be returned to its rightful owner,
10    destroyed, used for training purposes, or as otherwise
11    provided by law; or
12        (2) it has no significant value for forensic science
13    analysis and is of a size, bulk, or physical character not
14    usually retained by the law enforcement agency and cannot
15    practicably be retained by the law enforcement agency; or
16        (3) there no longer exists a reasonable basis to
17    require the preservation of the evidence because of the
18    death of the defendant; however, this paragraph (3) does
19    not apply if a sentence of death was imposed.
20    (d) The court may order the disposition of the evidence if
21the defendant is allowed the opportunity to take reasonable
22measures to remove or preserve portions of the evidence in
23question for future testing.
24    (d-5) Any order allowing the disposition of evidence
25pursuant to subsection (c) or (d) shall be a final and
26appealable order. No evidence shall be disposed of until 30

 

 

HB2329- 4 -LRB101 10874 SLF 56017 b

1days after the order is entered, and if a notice of appeal is
2filed, no evidence shall be disposed of until the mandate has
3been received by the circuit court from the appellate court.
4    (d-10) All records documenting the possession, control,
5storage, and destruction of evidence and all police reports,
6evidence control or inventory records, and other reports cited
7in this Section, including computer records, must be retained
8for as long as the evidence exists and may not be disposed of
9without the approval of the Local Records Commission.
10    (e) In this Section, "law enforcement agency" includes any
11of the following or an agent acting on behalf of any of the
12following: a municipal police department, county sheriff's
13office, any prosecuting authority, the Department of State
14Police, or any other State, university, county, federal, or
15municipal police unit or police force.
16    "Biological material" includes, but is not limited to, any
17blood, hair, saliva, or semen from which genetic marker
18groupings may be obtained.
19(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
20    Section 10. The Code of Civil Procedure is amended by
21adding Article VIII Pt. 29 as follows:
 
22    (735 ILCS 5/Art. VIII Pt. 29 heading new)
23
ARTICLE VIII Pt. 29. Forensic or Scientific Evidence

 

 

 

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1    (735 ILCS 5/8-2901 new)
2    Sec. 8-2901. Forensic or scientific evidence;
3requirements. Any party seeking to introduce forensic or
4scientific testing evidence shall present the documentation
5demonstrating the chain of custody that accompanies the
6forensic or scientific evidence at trial, as well as
7authenticated copies of the original testing, including, but
8not limited to, laboratory notebooks, the resumes and
9qualifications of each individual performing and analyzing the
10testing and results, as well as supporting documentation from
11the test methodology itself. The receiving party of the
12evidence in the discovery phase may also request the raw
13electronic files underlying analytical testing performed on
14any article or sample. This Section does not apply if
15stipulated to by counsel.