Sen. Don Harmon

Filed: 5/20/2014

 

 


 

 


 
09800HB2897sam003LRB098 07706 RLC 59761 a

1
AMENDMENT TO HOUSE BILL 2897

2    AMENDMENT NO. ______. Amend House Bill 2897, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This Act may be cited as the Cook
6County 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

 

 

09800HB2897sam003- 2 -LRB098 07706 RLC 59761 a

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
20pilot program making drug analysis field test devices available
21for use by law enforcement agencies within Cook County. It is
22also the intent of the General Assembly to explicitly allow the
23Cook County State's Attorney to use drug analysis field tests
24to establish probable cause at a preliminary examination, in
25lieu of waiting for the Department of State Police drug
26chemistry reports.
 

 

 

09800HB2897sam003- 3 -LRB098 07706 RLC 59761 a

1    Section 10. Definitions. For purposes of this Act:
2    "Cannabis" has the meaning ascribed to it in Section 3 of
3the Cannabis Control Act.
4    "Cocaine" is the same as described in paragraph (4) of
5subsection (b) of Section 206 of the Illinois Controlled
6Substances Act.
7    "Heroin" is the same as described in Section 204 of the
8Illinois Controlled Substances Act.
9    "Pilot Program" means the Cook County Drug Analysis Field
10Test Pilot Program.
 
11    Section 15. Establishment of the pilot program.
12    (a) The Cook County Drug Analysis Field Test Pilot Program
13is hereby authorized. The Pilot Program shall assess whether
14the 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,
22the Superintendent of Police for the City of Chicago shall
23create a pilot program that allows officers to use drug
24analysis field test devices for use in both Branch 38 and

 

 

09800HB2897sam003- 4 -LRB098 07706 RLC 59761 a

1Branch 50 of the Circuit Court of Cook County to determine
2whether a recovered substance is illegal cannabis, cocaine, or
3heroin. The Superintendent shall provide field test training
4and inventory procedures consistent with this purpose.
5    (c) But for good cause shown, the results of each field
6test performed under this Pilot Program shall be documented and
7offered by the Cook County State's Attorney as evidence to
8determine probable cause at a preliminary examination.
9    (d) For purposes of the preliminary examination only, the
10field test results shall be used in lieu of drug chemistry
11laboratory reports from the Department of State Police Division
12of Forensic Services. Where field test results indicate a
13recovered substance has tested positive for the presence of
14cannabis, cocaine, or heroin, the Cook County State's Attorney
15shall proceed to a preliminary examination as soon as
16practicable, regardless as to whether drug chemistry
17laboratory reports are available.
18    (e) For purposes of determining probable cause at a
19preliminary examination under Section 109-3 of the Code of
20Criminal Procedure of 1963 and in accordance with this Pilot
21Program:
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.
26        (2) Evidence of results of a properly performed drug

 

 

09800HB2897sam003- 5 -LRB098 07706 RLC 59761 a

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.
 
4    Section 20. Data collection. The Superintendent of Police
5for the City of Chicago shall notify the Director of the Cook
6County Department of Corrections each time a defendant is
7entered into custody subject to a drug analysis field test. The
8Superintendent, Cook County State's Attorney, and Director of
9the Cook County Department of Corrections shall tally the
10number of days each defendant remains in custody as part of the
11Pilot Program from arrest until preliminary examination and
12report this information to the Pilot Program Study Committee.
 
13    Section 25. Duration. The Pilot Program shall operate one
14year from the later of September 1, 2014 or 30 days after the
15effective date of this Act.
 
16    Section 30. Pilot Program Study Committee.
17    (a) The Superintendent of Police for the City of Chicago,
18Cook County State's Attorney, the head of the Division of
19Forensic Services of the Department of State Police, Executive
20Director of the Cook County Justice Advisory Council, and
21Director of the Cook County Department of Corrections shall
22each appoint one member to the Pilot Program Study Committee no
23later than 30 days after the effective date of this Act. The

 

 

09800HB2897sam003- 6 -LRB098 07706 RLC 59761 a

1Cook County Board President shall appoint one member of a
2community based organization to the Pilot Program Study
3Committee no later than 30 days after the effective date of
4this Act.
5    (b) The Committee may seek research or staff support of
6advocacy and policy groups to assist in the evaluation of the
7Pilot Program.
8    (c) The Pilot Program Study Committee shall submit
9preliminary reports to the General Assembly on a quarterly
10basis. 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
21Assembly on: December 31, 2014; March 31, 2015; and June 30,
222015.
23    (d) Upon conclusion of the Pilot Program, the Pilot Program
24Study Committee shall issue a final report to the General
25Assembly, evaluating and analyzing the following to the fullest
26extent possible, but subject to available resources:

 

 

09800HB2897sam003- 7 -LRB098 07706 RLC 59761 a

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.
17    (e) The Committee shall hold regularly scheduled meetings
18and make minutes publicly accessible.
19    (f) The final report shall be submitted to the General
20Assembly on or before the later of November 1, 2015 or 60 days
21after the conclusion of the Pilot Program.
22    (g) If the final report is not submitted to the General
23Assembly by the date designated in subsection (f) of this
24Section, the amount of time that a person may be held in
25custody in Cook County awaiting a preliminary examination,
26under Section 109-3.1 of the Code of Criminal Procedure, shall

 

 

09800HB2897sam003- 8 -LRB098 07706 RLC 59761 a

1be reduced from 30 days to 10 days.
2    (h) Upon issuance of the report required under this
3Section, the Pilot Program Study Committee shall dissolve.
 
4    Section 35. Appropriations. The General Assembly may
5appropriate funds to the Chicago Police Department, to be used
6solely for the purchase of drug analysis field tests and to
7carry out obligations of the Cook County Drug Analysis Field
8Test Pilot Program, including, but not limited to, the
9preparation and submission of reports to the General Assembly.
 
10    Section 40. Repeal. This Act is repealed on January 1,
112016.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law".