HB0804 Engrossed

LRB094 03651 RLC 33656 b






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    AN ACT concerning criminal law.

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


 
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    Section 5. The Cannabis Control Act is amended  by adding 
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Section 16.2 as follows:
 
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    (720 ILCS 550/16.2  new)
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    Sec. 16.2. Preservation of cannabis or cannabis sativa 
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plants for laboratory testing.
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    (a)  Before or after the trial in a prosecution for a 
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violation of Section 4, 5, 5.1, 5.2, 8, or 9 of  this Act, a law 
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enforcement agency or an agent acting on behalf of the law 
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enforcement agency must preserve, subject to a continuous chain 
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of custody, not less than 6,001 grams of any substance 
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containing cannabis and not less than 51 cannabis sativa plants 
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with respect to the offenses enumerated in this subsection (a) 
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and must maintain sufficient documentation to locate that 
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evidence.  Excess quantities with respect to the offenses 
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enumerated in this subsection (a) cannot practicably be 
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retained by a law enforcement agency because of its size, bulk, 
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and physical character.
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    (b) The court may before trial transfer excess quantities 
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of any substance containing cannabis or cannabis sativa plants 
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with respect to a prosecution for any offense enumerated in 
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subsection (a) to the sheriff of the county, or may in its 
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discretion transfer such evidence to the Department of State 
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Police, for destruction after notice is given to the 
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defendant's attorney of record or to the defendant if the 
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defendant is proceeding pro se.
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    (c) After a judgment of conviction is entered and the 
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charged quantity is no longer needed for evidentiary purposes 
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with respect to a prosecution for any offense enumerated in 
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subsection (a), the court may transfer any substance containing 
 


 






HB0804 Engrossed
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LRB094 03651 RLC 33656 b




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cannabis or cannabis sativa plants to the sheriff of the 
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county, or may in its discretion transfer such evidence to the 
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Department of State Police, for destruction after  notice is 
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given to the defendant's attorney of record or to the defendant 
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if the defendant is proceeding pro se.  No evidence shall be 
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disposed of until 30 days after the judgment is entered, and if 
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a notice of appeal is filed, no evidence shall be disposed of 
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until the mandate has been received by the circuit court from 
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the Appellate Court.
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.