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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1891 Introduced 2/15/2019, by Sen. Antonio Muņoz SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/33-5 | | 725 ILCS 5/116-4 | |
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Amends the Code of Criminal Procedure of 1963. Provides that notwithstanding any provision of the Code to the contrary, forensic testing that would result in the complete consumption of an evidentiary sample shall be permitted if the forensic testing utilizes methods sufficiently established in the particular field that have gained general acceptance and the forensic testing was not conducted in bad faith. Provides that prior to conducting forensic testing that would result in the complete consumption of an evidentiary sample, a forensic scientist must take all reasonable measures to preserve a portion of the evidentiary sample for subsequent forensic testing, unless in the course of the requested forensic testing, the forensic scientist has determined that complete consumption of an evidentiary sample is required to pursue a meaningful analytical result. Amends the Criminal Code of 2012. Provides that it is unlawful for a
law enforcement agency
or an agent acting on behalf of the law enforcement agency to intentionally fail to comply with the provision. Provides that a violation is a Class 4 felony.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Criminal Code of 2012 is amended by changing |
5 | | Section 33-5 as follows:
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6 | | (720 ILCS 5/33-5)
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7 | | Sec. 33-5. Preservation of evidence.
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8 | | (a) It is unlawful for a
law enforcement agency
or an agent |
9 | | acting on behalf of the law enforcement agency to intentionally |
10 | | fail to comply with the provisions of subsections subsection |
11 | | (a)
or (a-5) of
Section 116-4 of
the Code of Criminal Procedure |
12 | | of 1963.
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13 | | (b) Sentence. A person who violates this Section is guilty |
14 | | of a Class 4
felony.
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15 | | (c) For purposes of this Section, "law enforcement agency" |
16 | | has the meaning
ascribed to it in subsection (e) of Section |
17 | | 116-4 of the Code of Criminal
Procedure of 1963.
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18 | | (Source: P.A. 91-871, eff. 1-1-01; 92-459, eff. 8-22-01.)
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19 | | Section 10. The Code of Criminal Procedure of 1963 is |
20 | | amended by changing Section 116-4 as follows:
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21 | | (725 ILCS 5/116-4)
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1 | | Sec. 116-4. Preservation of evidence for forensic testing.
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2 | | (a) Before or after the trial in a prosecution for a |
3 | | violation of
Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, |
4 | | 11-1.60, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the
Criminal |
5 | | Code of 1961 or the Criminal Code of 2012 or in a prosecution |
6 | | for an offense defined in Article 9
of
that Code,
or in a |
7 | | prosecution for an attempt in violation of Section 8-4 of that |
8 | | Code
of any of the above-enumerated
offenses, unless otherwise |
9 | | provided herein under subsection (b) or (c) this Section , a law
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10 | | enforcement agency
or an agent acting on behalf of the law |
11 | | enforcement agency shall
preserve, subject to a continuous |
12 | | chain of
custody, any
physical evidence
in their possession or |
13 | | control that is reasonably likely to contain forensic
evidence,
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14 | | including, but not limited to, fingerprints or biological |
15 | | material
secured in relation to a trial and with sufficient
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16 | | documentation to locate
that evidence.
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17 | | (a-5) Notwithstanding any provision of this Code to the |
18 | | contrary, forensic testing that would result in the complete |
19 | | consumption of an evidentiary sample shall be permitted if the |
20 | | forensic testing utilizes methods sufficiently established in |
21 | | the particular field that have gained general acceptance and |
22 | | the forensic testing was not conducted in bad faith. Prior to |
23 | | conducting forensic testing that would result in the complete |
24 | | consumption of an evidentiary sample, a forensic scientist must |
25 | | take all reasonable measures to preserve a portion of the |
26 | | evidentiary sample for subsequent forensic testing, unless in |
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1 | | the course of the requested forensic testing, the forensic |
2 | | scientist has determined that complete consumption of an |
3 | | evidentiary sample is required to pursue a meaningful |
4 | | analytical result. |
5 | | (b) After a judgment of conviction is entered,
the evidence |
6 | | shall
either be impounded
with the Clerk of the Circuit Court |
7 | | or shall be securely retained by a law
enforcement agency.
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8 | | Retention shall be
permanent in cases where a sentence of death |
9 | | is imposed. Retention shall be
until the
completion of the |
10 | | sentence, including the period of mandatory supervised
release |
11 | | for the
offense, or January 1, 2006, whichever is later, for |
12 | | any conviction for an
offense or an attempt of an offense |
13 | | defined
in Article 9 of the Criminal Code of 1961 or the |
14 | | Criminal Code of 2012 or in Section 11-1.20, 11-1.30, 11-1.40, |
15 | | 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1,
12-15, or
12-16 of the |
16 | | Criminal Code of 1961 or the Criminal Code of 2012 or for 7 |
17 | | years following any conviction for any other felony for which
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18 | | the
defendant's
genetic profile may be taken by a law |
19 | | enforcement agency and submitted for
comparison in a forensic |
20 | | DNA database for unsolved offenses.
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21 | | (c) After a judgment of conviction is entered, the
law
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22 | | enforcement agency
required to retain evidence described in |
23 | | subsection
(a) may petition the court
with notice to the
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24 | | defendant or, in cases where the defendant has died, his or her |
25 | | estate, his or her attorney
of record, or an attorney appointed |
26 | | for that purpose by the court
for entry
of an order allowing it |
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1 | | to dispose of evidence if, after a
hearing, the court
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2 | | determines by a preponderance of the evidence that:
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3 | | (1) it has no significant value for forensic science |
4 | | analysis and
should
be
returned to its rightful owner, |
5 | | destroyed, used for training purposes, or as
otherwise |
6 | | provided by law; or
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7 | | (2) it has no significant value for forensic science |
8 | | analysis and is of
a size,
bulk, or physical character not |
9 | | usually retained by the law enforcement
agency and cannot |
10 | | practicably be retained by the law enforcement
agency; or
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11 | | (3) there no longer exists a reasonable basis to |
12 | | require the
preservation of the
evidence because of the |
13 | | death of the defendant; however, this paragraph (3)
does |
14 | | not
apply if a sentence of death was imposed.
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15 | | (d) The court may order the disposition of the evidence if |
16 | | the
defendant is allowed
the opportunity to take reasonable |
17 | | measures to remove or preserve portions of
the evidence in
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18 | | question for future testing.
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19 | | (d-5) Any order allowing the disposition of evidence |
20 | | pursuant to
subsection (c)
or (d)
shall be a final and |
21 | | appealable order. No evidence shall be disposed of until
30 |
22 | | days after
the order is entered, and if a notice of appeal is |
23 | | filed, no evidence shall be
disposed of
until the mandate has |
24 | | been received by the circuit court from the appellate
court.
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25 | | (d-10) All records documenting the possession,
control, |
26 | | storage, and destruction of evidence and all police reports, |
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1 | | evidence
control or inventory records, and other reports cited |
2 | | in this Section,
including computer records, must be
retained |
3 | | for as
long as the evidence exists and may not be disposed of |
4 | | without the approval of
the Local
Records Commission.
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5 | | (e) In this Section, "law enforcement agency"
includes any |
6 | | of the following or an agent acting on behalf of any of the
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7 | | following:
a municipal police department, county sheriff's |
8 | | office, any prosecuting
authority,
the Department of State |
9 | | Police, or any other State, university, county,
federal, or
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10 | | municipal police
unit or police force.
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11 | | "Biological material" includes, but is not limited to, any |
12 | | blood, hair,
saliva, or semen from which
genetic marker |
13 | | groupings may be obtained.
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14 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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