(725 ILCS 5/115-15)
Sec. 115-15. Laboratory reports.
(a) In any criminal prosecution for a violation of
the Cannabis
Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, a laboratory report
from the Illinois State Police, Division of Forensic Services, that is
signed and sworn to by the person performing an
analysis and that states (1) that the substance that is the basis of the
alleged
violation
has been weighed and analyzed, and (2) the person's findings as to the
contents, weight and identity of the substance, and (3) that it contains any
amount of a controlled substance or cannabis is prima facie evidence of the
contents, identity and weight of the substance. Attached to the report
shall be a copy of a notarized statement by the signer of the report giving
the name of the signer and stating (i) that he or she is an employee of the
Illinois State Police, Division of Forensic Services,
(ii) the name and location of the laboratory where the analysis was
performed, (iii) that performing the analysis is a part of his or her regular
duties, and (iv) that the signer is qualified by education, training and
experience to perform the analysis. The signer shall also allege that
scientifically accepted tests were performed with due caution and that the
evidence was handled in accordance with established and accepted procedures
while in the custody of the laboratory.
(a-5) In any criminal prosecution for reckless homicide under Section 9-3
of the
Criminal Code of
1961 or the Criminal Code of 2012, or driving under the influence of alcohol, other drug, or combination of
both, in
violation of Section
11-501 of the Illinois Vehicle Code or in any civil action held under a
statutory summary
suspension or revocation hearing under Section 2-118.1 of the Illinois Vehicle Code, a
laboratory report from the
Illinois State Police, Division of Forensic Services, that is signed and
sworn to by the person
performing an analysis, and that states
that the sample of blood, other bodily substance, or urine was tested for alcohol or
drugs, and
contains the person's findings as to the presence and amount
of
alcohol or
drugs and type of drug is prima facie evidence of
the presence, content, and amount of the alcohol or drugs analyzed in
the blood, other bodily substance, or urine. Attached to the report must be a copy of a notarized
statement by the
signer of the report giving the name of the signer and stating (1) that he or
she is an employee
of the Illinois State Police, Division of Forensic Services, (2) the name
and location
of the laboratory where the analysis was performed, (3) that performing the
analysis is a part
of his or her regular duties, (4) that the signer is qualified by
education, training, and
experience to perform the analysis, and (5) that
scientifically accepted
tests were performed with due caution and that the evidence was handled in
accordance with
established and accepted procedures while in the custody of the laboratory.
(b) The State's Attorney shall serve a copy of the report on the
attorney of record for the accused, or on the accused if he or she has no
attorney, before any proceeding in which the report is to be used against
the accused other than at a preliminary hearing or grand jury hearing when
the report may be used without having been previously served upon the accused.
(c) The report shall not be prima facie evidence if the
accused or his or her attorney
demands the testimony of the person signing the report by serving the
demand upon the State's Attorney within 7 days from the accused or his or her
attorney's receipt of the report.
(Source: P.A. 102-538, eff. 8-20-21.)
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