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Public Act 91-0563
HB2038 Enrolled LRB9101727RCks
AN ACT to amend the Code of Criminal Procedure of 1963 by
changing Section 115-15.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 115-15 as follows:
(725 ILCS 5/115-15)
Sec. 115-15. Laboratory reports.
(a) In any criminal prosecution for a violation of
either the Cannabis Control Act or the Illinois Controlled
Substances Act, a 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 (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 Department
of 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 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 hearing under Section 2-118.1 of the Illinois
Vehicle Code, a 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.
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
Department of 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 of the
contents, identity, and weight of the substance 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. 90-130, eff. 1-1-98.)
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