Full Text of HB2329 101st General Assembly
HB2329 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2329 Introduced , by Rep. Deanne M. Mazzochi SYNOPSIS AS INTRODUCED: |
| 725 ILCS 5/116-4 | | 735 ILCS 5/Art. VIII Pt. 29 heading new | | 735 ILCS 5/8-2901 new | |
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Amends the Code of Criminal Procedure of 1963. Provides that the law enforcement agency shall present the documentation demonstrating the chain of custody that accompanies the forensic evidence at trial, as well as authenticated copies of the original testing, including, but not limited to, laboratory notebooks, the resumes and qualifications of each individual performing and analyzing the testing and results, as well as supporting documentation from the test methodology itself. Provides that the provision does not apply if a representative of the defendant witnesses the testing as it is being performed or if stipulated to by counsel. Amends the Code of Civil Procedure. Provides that any party seeking to introduce forensic or scientific testing evidence shall present the documentation demonstrating the chain of custody that accompanies the forensic or scientific evidence at trial, as well as authenticated copies of the original testing, including, but not limited to, laboratory notebooks, the resumes and qualifications of each individual performing and analyzing the testing and results, as well as supporting documentation from the test methodology itself. Provides that the receiving party of the evidence in the discovery phase may also request the raw electronic files underlying analytical testing performed on any article or sample.
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| | A BILL FOR |
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| 1 | | AN ACT concerning forensic evidence.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 116-4 as follows:
| 6 | | (725 ILCS 5/116-4)
| 7 | | Sec. 116-4. Preservation of evidence for forensic testing.
| 8 | | (a) Before or after the trial in a prosecution for a | 9 | | violation of
Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, | 10 | | 11-1.60, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the
Criminal | 11 | | Code of 1961 or the Criminal Code of 2012 or in a prosecution | 12 | | for an offense defined in Article 9
of
that Code,
or in a | 13 | | prosecution for an attempt in violation of Section 8-4 of that | 14 | | Code
of any of the above-enumerated
offenses, unless otherwise | 15 | | provided herein under subsection (b) or (c), a law
enforcement | 16 | | agency
or an agent acting on behalf of the law enforcement | 17 | | agency shall
preserve, subject to a continuous chain of
| 18 | | custody, any
physical evidence
in their possession or control | 19 | | that is reasonably likely to contain forensic
evidence,
| 20 | | including, but not limited to, fingerprints or biological | 21 | | material
secured in relation to a trial and with sufficient
| 22 | | documentation to locate
that evidence. The law enforcement | 23 | | agency shall present the documentation demonstrating the chain |
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| 1 | | of custody that accompanies the forensic evidence at trial, as | 2 | | well as authenticated copies of the original testing, | 3 | | including, but not limited to, laboratory notebooks, the | 4 | | resumes and qualifications of each individual performing and | 5 | | analyzing the testing and results, as well as supporting | 6 | | documentation from the test methodology itself. This | 7 | | requirement shall not apply if a representative of the | 8 | | defendant witnesses the testing as it is being performed or if | 9 | | stipulated to by counsel.
| 10 | | (b) After a judgment of conviction is entered,
the evidence | 11 | | shall
either be impounded
with the Clerk of the Circuit Court | 12 | | or shall be securely retained by a law
enforcement agency.
| 13 | | Retention shall be
permanent in cases where a sentence of death | 14 | | is imposed. Retention shall be
until the
completion of the | 15 | | sentence, including the period of mandatory supervised
release | 16 | | for the
offense, or January 1, 2006, whichever is later, for | 17 | | any conviction for an
offense or an attempt of an offense | 18 | | defined
in Article 9 of the Criminal Code of 1961 or the | 19 | | Criminal Code of 2012 or in Section 11-1.20, 11-1.30, 11-1.40, | 20 | | 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1,
12-15, or
12-16 of the | 21 | | Criminal Code of 1961 or the Criminal Code of 2012 or for 7 | 22 | | years following any conviction for any other felony for which
| 23 | | the
defendant's
genetic profile may be taken by a law | 24 | | enforcement agency and submitted for
comparison in a forensic | 25 | | DNA database for unsolved offenses.
| 26 | | (c) After a judgment of conviction is entered, the
law
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| 1 | | enforcement agency
required to retain evidence described in | 2 | | subsection
(a) may petition the court
with notice to the
| 3 | | defendant or, in cases where the defendant has died, his | 4 | | estate, his attorney
of record, or an attorney appointed for | 5 | | that purpose by the court
for entry
of an order allowing it to | 6 | | dispose of evidence if, after a
hearing, the court
determines | 7 | | by a preponderance of the evidence that:
| 8 | | (1) it has no significant value for forensic science | 9 | | analysis and
should
be
returned to its rightful owner, | 10 | | destroyed, used for training purposes, or as
otherwise | 11 | | provided by law; or
| 12 | | (2) it has no significant value for forensic science | 13 | | analysis and is of
a size,
bulk, or physical character not | 14 | | usually retained by the law enforcement
agency and cannot | 15 | | practicably be retained by the law enforcement
agency; or
| 16 | | (3) there no longer exists a reasonable basis to | 17 | | require the
preservation of the
evidence because of the | 18 | | death of the defendant; however, this paragraph (3)
does | 19 | | not
apply if a sentence of death was imposed.
| 20 | | (d) The court may order the disposition of the evidence if | 21 | | the
defendant is allowed
the opportunity to take reasonable | 22 | | measures to remove or preserve portions of
the evidence in
| 23 | | question for future testing.
| 24 | | (d-5) Any order allowing the disposition of evidence | 25 | | pursuant to
subsection (c)
or (d)
shall be a final and | 26 | | appealable order. No evidence shall be disposed of until
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| 1 | | days after
the order is entered, and if a notice of appeal is | 2 | | filed, no evidence shall be
disposed of
until the mandate has | 3 | | been received by the circuit court from the appellate
court.
| 4 | | (d-10) All records documenting the possession,
control, | 5 | | storage, and destruction of evidence and all police reports, | 6 | | evidence
control or inventory records, and other reports cited | 7 | | in this Section,
including computer records, must be
retained | 8 | | for as
long as the evidence exists and may not be disposed of | 9 | | without the approval of
the Local
Records Commission.
| 10 | | (e) In this Section, "law enforcement agency"
includes any | 11 | | of the following or an agent acting on behalf of any of the
| 12 | | following:
a municipal police department, county sheriff's | 13 | | office, any prosecuting
authority,
the Department of State | 14 | | Police, or any other State, university, county,
federal, or
| 15 | | municipal police
unit or police force.
| 16 | | "Biological material" includes, but is not limited to, any | 17 | | blood, hair,
saliva, or semen from which
genetic marker | 18 | | groupings may be obtained.
| 19 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| 20 | | Section 10. The Code of Civil Procedure is amended by | 21 | | adding Article VIII Pt. 29 as follows: | 22 | | (735 ILCS 5/Art. VIII Pt. 29 heading new) | 23 | | ARTICLE VIII Pt. 29. Forensic or Scientific Evidence |
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| 1 | | (735 ILCS 5/8-2901 new) | 2 | | Sec. 8-2901. Forensic or scientific evidence; | 3 | | requirements. Any party seeking to introduce forensic or | 4 | | scientific testing evidence shall present the documentation | 5 | | demonstrating the chain of custody that accompanies the | 6 | | forensic or scientific evidence at trial, as well as | 7 | | authenticated copies of the original testing, including, but | 8 | | not limited to, laboratory notebooks, the resumes and | 9 | | qualifications of each individual performing and analyzing the | 10 | | testing and results, as well as supporting documentation from | 11 | | the test methodology itself. The receiving party of the | 12 | | evidence in the discovery phase may also request the raw | 13 | | electronic files underlying analytical testing performed on | 14 | | any article or sample. This Section does not apply if | 15 | | stipulated to by counsel.
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