State of Illinois
2021 and 2022


Introduced 2/17/2021, by Rep. Emanuel Chris Welch


725 ILCS 5/116-4

    Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning preservation of evidence for forensic testing.

LRB102 03149 RLC 13162 b





HB1134LRB102 03149 RLC 13162 b

1    AN ACT concerning criminal law.
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 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
11Criminal Code of 1961 or the Criminal Code of 2012 or in a
12prosecution for an offense defined in Article 9 of that Code,
13or in a prosecution for an attempt in violation of Section 8-4
14of that Code of any of the above-enumerated offenses, unless
15otherwise provided herein under subsection (b) or (c), a law
16enforcement agency or an agent acting on behalf of the law
17enforcement agency shall preserve, subject to a continuous
18chain of custody, any physical evidence in their possession or
19control that is reasonably likely to contain forensic
20evidence, including, but not limited to, fingerprints or
21biological material secured in relation to a trial and with
22sufficient documentation to locate that evidence.
23    (b) After a judgment of conviction is entered, the



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1evidence shall either be impounded with the Clerk of the
2Circuit Court or shall be securely retained by a law
3enforcement agency. Retention shall be permanent in cases
4where a sentence of death is imposed. Retention shall be until
5the completion of the sentence, including the period of
6mandatory supervised release for the offense, or January 1,
72006, whichever is later, for any conviction for an offense or
8an attempt of an offense defined in Article 9 of the Criminal
9Code of 1961 or the Criminal Code of 2012 or in Section
1011-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
1112-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
12Criminal Code of 2012 or for 7 years following any conviction
13for any other felony for which the defendant's genetic profile
14may be taken by a law enforcement agency and submitted for
15comparison in a forensic DNA database for unsolved offenses.
16    (c) After a judgment of conviction is entered, the law
17enforcement agency required to retain evidence described in
18subsection (a) may petition the court with notice to the
19defendant or, in cases where the defendant has died, his
20estate, his attorney of record, or an attorney appointed for
21that purpose by the court for entry of an order allowing it to
22dispose of evidence if, after a hearing, the court determines
23by a preponderance of the evidence that:
24        (1) it has no significant value for forensic science
25    analysis and should be returned to its rightful owner,
26    destroyed, used for training purposes, or as otherwise



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1    provided by law; or
2        (2) it has no significant value for forensic science
3    analysis and is of a size, bulk, or physical character not
4    usually retained by the law enforcement agency and cannot
5    practicably be retained by the law enforcement agency; or
6        (3) there no longer exists a reasonable basis to
7    require the preservation of the evidence because of the
8    death of the defendant; however, this paragraph (3) does
9    not apply if a sentence of death was imposed.
10    (d) The court may order the disposition of the evidence if
11the defendant is allowed the opportunity to take reasonable
12measures to remove or preserve portions of the evidence in
13question for future testing.
14    (d-5) Any order allowing the disposition of evidence
15pursuant to subsection (c) or (d) shall be a final and
16appealable order. No evidence shall be disposed of until 30
17days after the order is entered, and if a notice of appeal is
18filed, no evidence shall be disposed of until the mandate has
19been received by the circuit court from the appellate court.
20    (d-10) All records documenting the possession, control,
21storage, and destruction of evidence and all police reports,
22evidence control or inventory records, and other reports cited
23in this Section, including computer records, must be retained
24for as long as the evidence exists and may not be disposed of
25without the approval of the Local Records Commission.
26    (e) In this Section, "law enforcement agency" includes any



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1of the following or an agent acting on behalf of any of the
2following: a municipal police department, county sheriff's
3office, any prosecuting authority, the Department of State
4Police, or any other State, university, county, federal, or
5municipal police unit or police force.
6    "Biological material" includes, but is not limited to, any
7blood, hair, saliva, or semen from which genetic marker
8groupings may be obtained.
9(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)