State of Illinois
91st General Assembly
Legislation

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[ House Amendment 001 ]

91_HB4593

 
                                               LRB9113138RCpk

 1        AN ACT in relation to evidence.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5. The Criminal Code of 1961 is amended by adding
 5    Section 33-5 as follows:

 6        (720 ILCS 5/33-5 new)
 7        Sec. 33-5.  Chain of custody.
 8        (a) It is unlawful for a State's Attorney,  an  Assistant
 9    State's  Attorney,  or  other  employee  of the Office of the
10    State's Attorney or for a peace officer or other employee  of
11    a law enforcement agency to knowingly fail to comply with the
12    provisions  of subsection (a) of Section 116-4 of the Code of
13    Criminal Procedure of 1963.
14        (b)  Sentence.  A person who  violates  this  Section  is
15    guilty of a Class 4 felony.
16        (c)   For  purposes  of  this  Section,  "law enforcement
17    agency" has the meaning ascribed to it in  clause  (a)(4)  of
18    Section 107-4 of the Code of Criminal Procedure of 1963.

19        Section  10.  The  Code  of Criminal Procedure of 1963 is
20    amended by adding Section 116-4 as follows:

21        (725 ILCS 5/116-4 new)
22        Sec. 116-4. Chain of custody.
23        (a)  In a prosecution for a violation of  Section  12-13,
24    12-14,  12-14.1, 12-15, or 12-16 of the Criminal Code of 1961
25    or in a prosecution for an offense defined in  Article  9  of
26    that  Code,  the  law  enforcement  agency  and  the  State's
27    Attorney's  Office  shall  preserve,  subject to a continuous
28    chain of custody, any physical evidence secured  in  relation
29    to  a  trial  and sufficient official documentation to locate
 
                            -2-                LRB9113138RCpk
 1    that evidence.
 2        (b)  After a trial resulting in a judgment of  conviction
 3    the  evidence shall either be impounded with the Clerk of the
 4    Circuit  Court  or  shall  be  securely  retained  by  a  law
 5    enforcement agency. Retention shall be:
 6             (1)   Permanent  following  any  conviction  for  an
 7        offense defined in Article 9 of the  Criminal    Code  of
 8        1961.
 9             (2)   For  25  years  following any conviction for a
10        violation of Section 12-13,  12-14,  12-14.1,  12-15,  or
11        12-16 of the Criminal Code of 1961.
12             (3)   For  7  years following any conviction for any
13        other felony for which the  defendant's  genetic  profile
14        may  be  taken  by a law enforcement agency and submitted
15        for comparison in a forensic DNA  database  for  unsolved
16        offenses.
17        (c)   After  a  judgment  of  conviction  is entered, the
18    State's Attorney or law enforcement agency having custody  of
19    evidence  described  in subsection (a) may petition the court
20    with notice to the defendant for entry of an  order  allowing
21    it  to  dispose  of  evidence  if, after a hearing, the court
22    determines by a preponderance of the evidence that:
23             (1)   it  has  no  significant  value  for  forensic
24        science analysis and must be  returned  to  its  rightful
25        owner; or
26             (2)   it  has  no  significant  value  for  forensic
27        science  analysis  and  is  of  a size, bulk, or physical
28        character not usually retained  by  the  law  enforcement
29        agency  and  cannot  practicably  be  retained by the law
30        enforcement agency.
31        (d)  The court may order the disposition of the  evidence
32    if   the   defendant  is  allowed  the  opportunity  to  take
33    reasonable measures to remove or  preserve  portions  of  the
34    evidence in question for future testing.
 
                            -3-                LRB9113138RCpk
 1        (e)   For  purposes  of  this  Section,  "law enforcement
 2    agency" has the meaning ascribed to it in  clause  (a)(4)  of
 3    Section 107-4 of this Code.

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