|
|
|
|
HB0804 Enrolled |
|
LRB094 03651 RLC 33656 b |
|
|
| 1 |
| AN ACT concerning criminal law.
|
| 2 |
| Be it enacted by the People of the State of Illinois,
|
| 3 |
| represented in the General Assembly:
|
| 4 |
| Section 5. The Cannabis Control Act is amended by adding |
| 5 |
| Section 16.2 as follows:
|
| 6 |
| (720 ILCS 550/16.2 new) |
| 7 |
| Sec. 16.2. Preservation of cannabis or cannabis sativa |
| 8 |
| plants for laboratory testing. |
| 9 |
| (a) Before or after the trial in a prosecution for a |
| 10 |
| violation of Section 4, 5, 5.1, 5.2, 8, or 9 of this Act, a law |
| 11 |
| enforcement agency or an agent acting on behalf of the law |
| 12 |
| enforcement agency must preserve, subject to a continuous chain |
| 13 |
| of custody, not less than 6,001 grams of any substance |
| 14 |
| containing cannabis and not less than 51 cannabis sativa plants |
| 15 |
| with respect to the offenses enumerated in this subsection (a) |
| 16 |
| and must maintain sufficient documentation to locate that |
| 17 |
| evidence. Excess quantities with respect to the offenses |
| 18 |
| enumerated in this subsection (a) cannot practicably be |
| 19 |
| retained by a law enforcement agency because of its size, bulk, |
| 20 |
| and physical character. |
| 21 |
| (b) The court may before trial transfer excess quantities |
| 22 |
| of any substance containing cannabis or cannabis sativa plants |
| 23 |
| with respect to a prosecution for any offense enumerated in |
| 24 |
| subsection (a) to the sheriff of the county, or may in its |
| 25 |
| discretion transfer such evidence to the Department of State |
| 26 |
| Police, for destruction after notice is given to the |
| 27 |
| defendant's attorney of record or to the defendant if the |
| 28 |
| defendant is proceeding pro se. |
| 29 |
| (c) After a judgment of conviction is entered and the |
| 30 |
| charged quantity is no longer needed for evidentiary purposes |
| 31 |
| with respect to a prosecution for any offense enumerated in |
| 32 |
| subsection (a), the court may transfer any substance containing |
Translate
