91st General Assembly
Status of HB2038
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BROSNAHAN-GASH-FRANKS.

(O'MALLEY)

   725 ILCS 5/115-15                                                           

        Amends the Code of Criminal Procedure of 1963. Provides that in a      
   criminal  prosecution  for  reckless  homicide,  driving   under   the      
   influence,  or  in  a  civil  action  held  under  a statutory summary      
   suspension hearing, a laboratory report from the Department  of  State      
   Police, Division of Forensic Services,  that is signed by and sworn to      
   by the  person performing the analysis and that states that the sample      
   of blood or urine was tested for alcohol or  drugs  and  the  person's      
   findings  as to the analysis as to the presence of any amount of drugs      
   and type of drug is prima facie evidence of the analysis of the  blood      
   or urine.                                                                   
          FISCAL NOTE (Illinois State Police)                                  
          There would be no negative fiscal impact on the State Police.        
        SENATE AMENDMENT NO. 1.                                                
        Clarifies that the laboratory report from the Department of 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 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 or urine.              
        SENATE AMENDMENT NO. 2.                                                
        Provides that the laboratory report is not prima  facie  evidence      
   if the accused's  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.  Now, the laboratory report is not prima  facie      
   evidence of the contents, identity, and weight of the substance.            
   99-02-19  H  FILED WITH CLERK                                               
   99-02-19  H  FIRST READING                                                  
   99-02-19  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   99-02-24  H       ASSIGNED TO COMMITTEE               JUD-CRIMINAL          
   99-03-04  H  DO PASS/SHORT DEBATE                     013-000-000   HJUB    
   99-03-04  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   99-03-04  H  ADDED AS A JOINT SPONSOR                 GASH                  
   99-03-08  H                         FISCAL NOTE FILED                       
   99-03-08  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   99-03-16  H  SECOND READING-SHORT DEBATE                                    
   99-03-16  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   99-03-17  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   99-03-18  H  ADDED AS A JOINT SPONSOR                 FRANKS                
   99-03-19  H  THIRD READING/SHORT DEBATE/PASSED        118-000-000           
   99-03-22  S  ARRIVE IN SENATE                                               
   99-03-22  S  PLACED CALENDAR ORDER OF FIRST READING   99-03-23              
   99-04-20  S  CHIEF SPONSOR                            O'MALLEY              
   99-04-20  S  FIRST READING                                                  
   99-04-20  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   99-04-22  S       ASSIGNED TO COMMITTEE               JUDICIARY             
   99-05-05  S                             AMENDMENT NO. 01-JUDICIARY     S    
   99-05-05  S                                   ADOPTED                       
   99-05-05  S       DO PASS AS AMENDED                  010-000-000   SJUD    
   99-05-05  S  PLACED ON CALENDAR ORDER OF 2ND READING  99-05-06              
   99-05-07  S  FILED WITH SECRETARY                                           
   99-05-07  S                             AMENDMENT NO. 02-O'MALLEY           
   99-05-07  S                     AMENDMENT REFERRED TO SRUL                  
   99-05-12  S                             AMENDMENT NO. 02-O'MALLEY           
   99-05-12  S             BE APPROVED FOR CONSIDERATION SRUL                  
   99-05-12  S  SECOND READING                                                 
   99-05-12  S                             AMENDMENT NO. 02-O'MALLEY           
   99-05-12  S                                   ADOPTED                       
   99-05-12  S  PLACED ON CALENDAR ORDER OF 3RD READING  99-05-13              
   99-05-13  S  THIRD READING - PASSED                   059-000-000           
   99-05-13  H  ARRIVE IN HOUSE                                                
   99-05-13  H  PLACED ON CALENDAR ORDER OF CONCURRENCE  01,02                 
   99-05-18  H  MOTION FILED CONCUR                      01,02/BROSNAHAN       
   99-05-18  H                        MOTION REFERRED TO HRUL                  
   99-05-18  H  CALENDAR ORDER OF CONCURRENCE            01,02                 
   99-05-19  H             BE APPROVED FOR CONSIDERATION 01,02/HRUL            
   99-05-19  H  HSE CONCURS IN SEN AMENDMENTS (NO.)      01,02/114-000-000     
   99-05-19  H  PASSED BOTH HOUSES                                             
   99-06-17  H  SENT TO THE GOVERNOR                                           
   99-08-14  H  GOVERNOR APPROVED                                              
   99-08-14  H                            EFFECTIVE DATE 00-01-01              
   99-08-14  H  PUBLIC ACT.............................. 91-0563               

   END OF INQUIRY 



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