Sen. Don Harmon
Filed: 5/20/2014
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1 | AMENDMENT TO HOUSE BILL 2897
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2 | AMENDMENT NO. ______. Amend House Bill 2897, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the Cook | ||||||
6 | County Drug Analysis Field Test Pilot Program Act. | ||||||
7 | Section 5. Legislative findings and intent. | ||||||
8 | (a) The General Assembly finds that: | ||||||
9 | (1) The Cook County Jail consistently faces | ||||||
10 | overcrowding issues, with the total persons held in custody | ||||||
11 | often near or exceeding the jail's capacity limits. | ||||||
12 | (2) The Cook County Jail population includes | ||||||
13 | defendants held in custody, pending a preliminary | ||||||
14 | examination to determine whether there is probable cause to | ||||||
15 | believe that the defendant committed a criminal offense. | ||||||
16 | (3) Each person held in custody at the Cook County Jail |
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1 | costs the taxpayers of Cook County at least an estimated | ||||||
2 | $143 per day, with even higher costs for those people in | ||||||
3 | custody who require mental health treatment and services. | ||||||
4 | (4) If a person in custody is awaiting preliminary | ||||||
5 | examination on an illegal substance offense in Cook County, | ||||||
6 | the preliminary examination will not commence until the | ||||||
7 | Cook County State's Attorney has received a drug chemistry | ||||||
8 | laboratory report from the Department of State Police | ||||||
9 | Division of Forensic Services indicating that a recovered | ||||||
10 | substance in fact tested positive as an illegal substance. | ||||||
11 | This process can take several weeks. | ||||||
12 | (5) Drug analysis field test devices are not currently | ||||||
13 | utilized by law enforcement agencies in Cook County for | ||||||
14 | preliminary examinations. If utilized, drug analysis field | ||||||
15 | test devices may allow the Cook County State's Attorney to | ||||||
16 | immediately determine whether probable cause exists to | ||||||
17 | believe that a recovered substance is an illegal drug or | ||||||
18 | narcotic. | ||||||
19 | (b) It is the intent of the General Assembly to create a | ||||||
20 | pilot program making drug analysis field test devices available | ||||||
21 | for use by law enforcement agencies within Cook County. It is | ||||||
22 | also the intent of the General Assembly to explicitly allow the | ||||||
23 | Cook County State's Attorney to use drug analysis field tests | ||||||
24 | to establish probable cause at a preliminary examination, in | ||||||
25 | lieu of waiting for the Department of State Police drug | ||||||
26 | chemistry reports. |
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1 | Section 10. Definitions. For purposes of this Act: | ||||||
2 | "Cannabis" has the meaning ascribed to it in Section 3 of | ||||||
3 | the Cannabis Control Act. | ||||||
4 | "Cocaine" is the same as described in paragraph (4) of | ||||||
5 | subsection (b) of Section 206 of the Illinois Controlled | ||||||
6 | Substances Act. | ||||||
7 | "Heroin" is the same as described in Section 204 of the | ||||||
8 | Illinois Controlled Substances Act. | ||||||
9 | "Pilot Program" means the Cook County Drug Analysis Field | ||||||
10 | Test Pilot Program. | ||||||
11 | Section 15. Establishment of the pilot program.
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12 | (a) The Cook County Drug Analysis Field Test Pilot Program | ||||||
13 | is hereby authorized. The Pilot Program shall assess whether | ||||||
14 | the use of field tests in Cook County will: | ||||||
15 | (1) reduce the number of days a person would otherwise | ||||||
16 | remain in custody awaiting drug chemistry reports; | ||||||
17 | (2) result in expedited preliminary examinations for | ||||||
18 | cannabis, cocaine, or heroin offenses; and | ||||||
19 | (3) reduce the overall Cook County Jail population at a | ||||||
20 | substantial cost savings to Cook County taxpayers. | ||||||
21 | (b) Within 30 days after the effective date of this Act, | ||||||
22 | the Superintendent of Police for the City of Chicago shall | ||||||
23 | create a pilot program that allows officers to use drug | ||||||
24 | analysis field test devices for use in both Branch 38 and |
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1 | Branch 50 of the Circuit Court of Cook County to determine | ||||||
2 | whether a recovered substance is illegal cannabis, cocaine, or | ||||||
3 | heroin. The Superintendent shall provide field test training | ||||||
4 | and inventory procedures consistent with this purpose. | ||||||
5 | (c) But for good cause shown, the results of each field | ||||||
6 | test performed under this Pilot Program shall be documented and | ||||||
7 | offered by the Cook County State's Attorney as evidence to | ||||||
8 | determine probable cause at a preliminary examination. | ||||||
9 | (d) For purposes of the preliminary examination only, the | ||||||
10 | field test results shall be used in lieu of drug chemistry | ||||||
11 | laboratory reports from the Department of State Police Division | ||||||
12 | of Forensic Services. Where field test results indicate a | ||||||
13 | recovered substance has tested positive for the presence of | ||||||
14 | cannabis, cocaine, or heroin, the Cook County State's Attorney | ||||||
15 | shall proceed to a preliminary examination as soon as | ||||||
16 | practicable, regardless as to whether drug chemistry | ||||||
17 | laboratory reports are available. | ||||||
18 | (e) For purposes of determining probable cause at a | ||||||
19 | preliminary examination under Section 109-3 of the Code of | ||||||
20 | Criminal Procedure of 1963 and in accordance with this Pilot | ||||||
21 | Program: | ||||||
22 | (1) Evidence of results of a properly performed drug | ||||||
23 | analysis field test is admissible in a preliminary | ||||||
24 | examination solely to establish that the substance tested | ||||||
25 | is cannabis, cocaine, or heroin.
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26 | (2) Evidence of results of a properly performed drug |
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1 | analysis field test is sufficient to establish that the | ||||||
2 | substance tested is cannabis, cocaine, or heroin for the | ||||||
3 | purposes of a preliminary examination.
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4 | Section 20. Data collection. The Superintendent of Police | ||||||
5 | for the City of Chicago shall notify the Director of the Cook | ||||||
6 | County Department of Corrections each time a defendant is | ||||||
7 | entered into custody subject to a drug analysis field test. The | ||||||
8 | Superintendent, Cook County State's Attorney, and Director of | ||||||
9 | the Cook County Department of Corrections shall tally the | ||||||
10 | number of days each defendant remains in custody as part of the | ||||||
11 | Pilot Program from arrest until preliminary examination and | ||||||
12 | report this information to the Pilot Program Study Committee. | ||||||
13 | Section 25. Duration. The Pilot Program shall operate one | ||||||
14 | year from the later of September 1, 2014 or 30 days after the | ||||||
15 | effective date of this Act. | ||||||
16 | Section 30. Pilot Program Study Committee. | ||||||
17 | (a) The Superintendent of Police for the City of Chicago, | ||||||
18 | Cook County State's Attorney, the head of the Division of | ||||||
19 | Forensic Services of the Department of State Police, Executive | ||||||
20 | Director of the Cook County Justice Advisory Council, and | ||||||
21 | Director of the Cook County Department of Corrections shall | ||||||
22 | each appoint one member to the Pilot Program Study Committee no | ||||||
23 | later than 30 days after the effective date of this Act. The |
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1 | Cook County Board President shall appoint one member of a | ||||||
2 | community based organization to the Pilot Program Study | ||||||
3 | Committee no later than 30 days after the effective date of | ||||||
4 | this Act. | ||||||
5 | (b) The Committee may seek research or staff support of | ||||||
6 | advocacy and policy groups to assist in the evaluation of the | ||||||
7 | Pilot Program. | ||||||
8 | (c) The Pilot Program Study Committee shall submit | ||||||
9 | preliminary reports to the General Assembly on a quarterly | ||||||
10 | basis. The reports shall include: | ||||||
11 | (1) the number of persons entered into custody subject | ||||||
12 | to a drug analysis field test; | ||||||
13 | (2) the number of persons released from custody at any | ||||||
14 | point before a preliminary examination subject to a drug | ||||||
15 | analysis field test; | ||||||
16 | (3) the number of days each defendant remains in | ||||||
17 | custody from arrest until preliminary examination; and | ||||||
18 | (4) any other information the Study Committee deems | ||||||
19 | relevant. | ||||||
20 | The preliminary reports shall be submitted to the General | ||||||
21 | Assembly on: December 31, 2014; March 31, 2015; and June 30, | ||||||
22 | 2015.
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23 | (d) Upon conclusion of the Pilot Program, the Pilot Program | ||||||
24 | Study Committee shall issue a final report to the General | ||||||
25 | Assembly, evaluating and analyzing the following to the fullest | ||||||
26 | extent possible, but subject to available resources: |
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1 | (1) the length of custody in the Cook County Jail for a | ||||||
2 | cannabis, cocaine, or heroin offender under the Cook County | ||||||
3 | Drug Analysis Field Test Pilot Program, as compared to a | ||||||
4 | similarly situated drug or narcotics offender not under the | ||||||
5 | Cook County Drug Analysis Field Test Pilot Program; | ||||||
6 | (2) the economic impact of using drug analysis field | ||||||
7 | tests in lieu of drug chemistry laboratory reports for | ||||||
8 | preliminary examinations; | ||||||
9 | (3) the impact on the Cook County Jail population as a | ||||||
10 | result of using drug analysis field tests, and the | ||||||
11 | estimated jail population impact if drug analysis field | ||||||
12 | tests were expanded for use in all drug-related preliminary | ||||||
13 | examinations; and | ||||||
14 | (4) the proposed findings and recommendations on the | ||||||
15 | use and efficacy of drug analysis field tests in Cook | ||||||
16 | County.
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17 | (e) The Committee shall hold regularly scheduled meetings | ||||||
18 | and make minutes publicly accessible. | ||||||
19 | (f) The final report shall be submitted to the General | ||||||
20 | Assembly on or before the later of November 1, 2015 or 60 days | ||||||
21 | after the conclusion of the Pilot Program. | ||||||
22 | (g) If the final report is not submitted to the General | ||||||
23 | Assembly by the date designated in subsection (f) of this | ||||||
24 | Section, the amount of time that a person may be held in | ||||||
25 | custody in Cook County awaiting a preliminary examination, | ||||||
26 | under Section 109-3.1 of the Code of Criminal Procedure, shall |
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1 | be reduced from 30 days to 10 days. | ||||||
2 | (h) Upon issuance of the report required under this | ||||||
3 | Section, the Pilot Program Study Committee shall dissolve.
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4 | Section 35. Appropriations. The General Assembly may | ||||||
5 | appropriate funds to the Chicago Police Department, to be used | ||||||
6 | solely for the purchase of drug analysis field tests and to | ||||||
7 | carry out obligations of the Cook County Drug Analysis Field | ||||||
8 | Test Pilot Program, including, but not limited to, the | ||||||
9 | preparation and submission of reports to the General Assembly. | ||||||
10 | Section 40. Repeal. This Act is repealed on January 1, | ||||||
11 | 2016.
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12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law".
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