CONT SUB-EVIDENCE Senate SponsorsSen. A. J. Wilhelmi House Sponsors(Rep. Jack McGuire-James D. Brosnahan-Mike Boland) 10/3/2008SenatePublic Act . . . . . . . . . 95-0993 720 ILCS 570/510 newAmends the Illinois Controlled Substances Act. Provides that in a prosecution for a violation relating to the unlawful manufacture, delivery, possession, or possession with intent to manufacture or deliver a controlled substance, other than methamphetamine, or a counterfeit substance, controlled substance analog, or look-alike substance, a law enforcement agency or an agent acting on behalf of the law enforcement agency must preserve, subject to a continuous chain of custody, specified amounts of controlled substances and must maintain sufficient documentation to locate that evidence. Provides that the court may, before trial, transfer excess quantities of any substance containing any of the controlled substances to the sheriff of the county, or may in its discretion transfer such evidence to the Department of State Police, for destruction after notice is given to the defendant's attorney of record or to the defendant if the defendant is proceeding pro se. Provides that after a judgment of conviction is entered and the charged quantity is no longer needed for evidentiary purposes with respect to a prosecution for the offense, the court may transfer any substance containing any of the controlled substances to the sheriff of the county, or may, in its discretion, transfer such evidence to the Department of State Police, for destruction after notice is given to the defendant's attorney of record or to the defendant if the defendant is proceeding pro se. Provides that no evidence shall be disposed of until 30 days after the judgment is entered, and if a notice of appeal is filed, no evidence shall be disposed of until the mandate has been received by the circuit court from the Appellate Court. Effective immediately.Governor Amendatory Veto Message Recommends that language be added: providing that the sheriff or seizing law enforcement agency must file a motion requesting destruction of bulk evidence before the trial judge in the courtroom where the criminal charge is pending and give notice of the motion to the prosecutor of the criminal charge and the defense attorney of record; providing that the trial judge will conduct an evidentiary hearing in which all parties will be given the opportunity to present evidence and arguments relating to whether the evidence should be destroyed, whether such destruction will prejudice the prosecution of the criminal case, and whether the destruction of the evidence will prejudice the defense of the criminal charge; and providing that the court's determination whether to grant the motion for destruction of bulk evidence must be based upon the totality of all of the circumstances of the case presented at the evidentiary hearing, the effect such destruction would have upon the defendant's constitutional rights, and the prosecutor's ability to proceed with the prosecution of the criminal charge. 2/14/2008SenateFiled with Secretary by Sen. A. J. Wilhelmi 2/14/2008SenateFirst Reading 2/14/2008SenateReferred to Rules 3/5/2008SenateAssigned to Judiciary Criminal Law 3/12/2008SenateDo Pass Judiciary Criminal Law; 007-000-000 3/12/2008SenatePlaced on Calendar Order of 2nd Reading March 13, 2008 4/8/2008SenateSecond Reading 4/8/2008SenatePlaced on Calendar Order of 3rd Reading April 9, 2008 4/10/2008SenateThird Reading - Passed; 055-000-000 4/11/2008HouseArrived in House 4/11/2008HousePlaced on Calendar Order of First Reading 4/17/2008HouseChief House Sponsor Rep. Mike Boland 4/24/2008HouseFirst Reading 4/24/2008HouseReferred to Rules Committee 5/12/2008HouseAssigned to Judiciary II - Criminal Law Committee 5/13/2008HouseAlternate Chief Sponsor Changed to Rep. Jack McGuire 5/20/2008HouseAdded Alternate Chief Co-Sponsor Rep. James D. Brosnahan 5/21/2008HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 013-000-000 5/21/2008HousePlaced on Calendar 2nd Reading - Short Debate 5/21/2008HouseSecond Reading - Short Debate 5/21/2008HouseHeld on Calendar Order of Second Reading - Short Debate 5/23/2008HouseFinal Action Deadline Extended-9(b) May 31, 2008 5/28/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/28/2008HouseAdded Alternate Chief Co-Sponsor Rep. Mike Boland 5/30/2008HouseThird Reading - Short Debate - Passed 114-000-000 5/30/2008SenatePassed Both Houses 6/27/2008SenateSent to the Governor 8/26/2008SenateGovernor Amendatory Veto 9/22/2008SenatePlaced on Calendar Amendatory Veto September 23, 2008 9/22/2008SenateAmendatory Veto Motion - Motion Filed Accept Amendatory Veto Sen. A. J. Wilhelmi 9/22/2008SenateAmendatory Veto Motion - Motion Referred to Rules 9/22/2008SenateAmendatory Veto Motion - Approved for Consideration Rules 9/23/2008SenateAccept Amendatory Veto - Senate Passed 055-001-000 9/23/2008HouseArrived in House 9/23/2008HousePlaced on Calendar Amendatory Veto September 23, 2008 9/23/2008HouseMotion Filed Override Amendatory Veto Rep. Jack McGuire; MOTION #1 9/23/2008HouseAmendatory Veto Motion - Motion Filed Accept Amendatory Veto Rep. Jack McGuire; MOTION #2 9/23/2008HouseAmendatory Veto Motion - Motion Referred to Rules Committee; MOTION #2 9/23/2008HouseAmendatory Veto Motion - Accept Motion Recommends Be Adopted Rules Committee; 005-000-000 9/23/2008House3/5 Vote Required 9/23/2008HouseAccept Amendatory Veto - House Passed 099-000-000 9/23/2008SenateBoth Houses Accepted Amendatory Veto 9/30/2008SenateReturned to Governor for Certification 10/3/2008SenateGovernor Certifies Changes 10/3/2008SenateEffective Date October 3, 2008 10/3/2008SenatePublic Act . . . . . . . . . 95-0993