August 26, 2008
Honorable Members of the
Article IV, Section 9(e) of the Illinois Constitution of 1970, I hereby return
Senate Bill 2340, entitled “AN
ACT concerning criminal law.”, with the following specific recommendations for
on page 2, below
line 18, by inserting the following:
“(b) The sheriff or seizing law
enforcement agency must file a motion requesting destruction of bulk evidence
before the trial judge in the courtroom where the criminal charge is pending.
The sheriff or seizing law enforcement agency must give notice of the motion
requesting destruction of bulk evidence to the prosecutor of the criminal
charge and the defense attorney of record. The trial judge will conduct an
evidentiary hearing in which all parties will be given the opportunity to
present evidence and arguments relating to whether the evidence should be
destroyed, whether such destruction will prejudice the prosecution of the
criminal case, and whether the destruction of the evidence will prejudice the
defense of the criminal charge. The court’s determination whether to grant the
motion for destruction of bulk evidence must be based upon the totality of all
of the circumstances of the case presented at the evidentiary hearing, the
effect such destruction would have upon the defendant’s constitutional rights,
and the prosecutor’s ability to proceed with the prosecution of the criminal
page 2, line 19, by replacing “(b)” with “(c)”; and
page 3, line 1, by replacing “(c)” with “(d)”.
With these changes, Senate Bill 2340 will have my approval.
I respectfully request your concurrence.