91st General Assembly
Summary of HB2038
   [ Home ]   [ Back ]   [ Legislation ]
Legislation:  
Please enter a bill number.



 Full Text  Bill Status
House Sponsors:
BROSNAHAN-GASH-FRANKS.

Senate Sponsors:
O'MALLEY

Short description: 
CRIM PRO-LAB REPORTS                                                       

Synopsis of Bill as introduced:
        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.            
 
Last action on Bill: PUBLIC ACT.............................. 91-0563

   Last action date: 99-08-14

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   2


   END OF INQUIRY 



 Full Text  Bill Status