Full Text of SB1135 99th General Assembly
SB1135 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB1135 Introduced 2/11/2015, by Sen. Christine Radogno SYNOPSIS AS INTRODUCED: | | |
Amends the Code of Criminal Procedure of 1963. Makes a technical change in
a Section concerning a drug
testing program.
|
| |
| | A BILL FOR |
|
| | | SB1135 | | LRB099 05312 MRW 25347 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 Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 110-6.5 as follows:
| 6 | | (725 ILCS 5/110-6.5)
| 7 | | Sec. 110-6.5. Drug testing program. The
The Chief Judge of | 8 | | the circuit may establish a drug testing program as provided
by | 9 | | this Section in any county in the circuit if the county board | 10 | | has approved
the establishment of the program and the county | 11 | | probation department or
pretrial services agency has consented | 12 | | to administer it. The drug testing
program shall be conducted | 13 | | under the following provisions: | 14 | | (a) The court, in the case of a defendant charged with a | 15 | | felony offense or
any offense involving the possession or | 16 | | delivery of cannabis or a
controlled substance, shall:
| 17 | | (1) not consider the release of the defendant on his or | 18 | | her own
recognizance, unless the defendant consents to | 19 | | periodic drug testing during
the period of release on his | 20 | | or her own recognizance, in accordance with this
Section;
| 21 | | (2) consider the consent of the defendant to periodic | 22 | | drug testing
during the period of release on bail in | 23 | | accordance with this Section as a
favorable factor for the |
| | | SB1135 | - 2 - | LRB099 05312 MRW 25347 b |
|
| 1 | | defendant in determining the amount of bail, the
conditions | 2 | | of release or in considering the defendant's motion to | 3 | | reduce
the amount of bail.
| 4 | | (b) The drug testing shall be conducted by the pretrial | 5 | | services agency or
under the direction of the probation | 6 | | department when a pretrial services
agency does not exist in | 7 | | accordance with this Section.
| 8 | | (c) A defendant who consents to periodic drug testing as | 9 | | set forth in this
Section
shall sign an agreement with the | 10 | | court that, during the period of release,
the defendant shall | 11 | | refrain from using illegal drugs and that the
defendant will | 12 | | comply with the conditions of the testing program. The
| 13 | | agreement shall be on a form prescribed by the court and shall | 14 | | be executed
at the time of the bail hearing. This agreement | 15 | | shall be made a specific
condition of bail.
| 16 | | (d) The drug testing program shall be conducted as follows:
| 17 | | (1) The testing shall be done by urinalysis for the | 18 | | detection of
phencyclidine, heroin, cocaine, methadone and | 19 | | amphetamines.
| 20 | | (2) The collection of samples shall be performed under | 21 | | reasonable and
sanitary conditions.
| 22 | | (3) Samples shall be collected and tested with due | 23 | | regard for the
privacy of the individual being tested and | 24 | | in a manner reasonably
calculated to prevent substitutions | 25 | | or interference with the collection or
testing of reliable | 26 | | samples.
|
| | | SB1135 | - 3 - | LRB099 05312 MRW 25347 b |
|
| 1 | | (4) Sample collection shall be documented, and the | 2 | | documentation
procedures shall include:
| 3 | | (i) Labeling of samples so as to reasonably | 4 | | preclude the probability of
erroneous identification | 5 | | of test results; and
| 6 | | (ii) An opportunity for the defendant to provide | 7 | | information on the
identification of prescription or | 8 | | nonprescription drugs used in connection
with a | 9 | | medical condition.
| 10 | | (5) Sample collection, storage, and transportation to | 11 | | the place of
testing shall be performed so as to reasonably | 12 | | preclude the probability of
sample contamination or | 13 | | adulteration.
| 14 | | (6) Sample testing shall conform to scientifically | 15 | | accepted analytical
methods and procedures. Testing shall | 16 | | include verification or confirmation
of any positive test | 17 | | result by a reliable analytical method before the
result of | 18 | | any test may be used as a basis for any action by the | 19 | | court.
| 20 | | (e) The initial sample shall be collected before the | 21 | | defendant's release
on bail. Thereafter, the defendant shall | 22 | | report to the pretrial services
agency or probation department | 23 | | as required
by the agency or department. The pretrial
services | 24 | | agency or probation department shall
immediately notify the | 25 | | court of
any defendant who fails to report for testing.
| 26 | | (f) After the initial test, a subsequent confirmed positive |
| | | SB1135 | - 4 - | LRB099 05312 MRW 25347 b |
|
| 1 | | test result
indicative of continued drug use shall result in | 2 | | the following:
| 3 | | (1) Upon the first confirmed positive test result, the | 4 | | pretrial services
agency or probation department, shall | 5 | | place the defendant on a more
frequent testing schedule and | 6 | | shall warn the defendant of the consequences
of continued | 7 | | drug use.
| 8 | | (2) A second confirmed positive test result shall be | 9 | | grounds for a
hearing before the judge who authorized the | 10 | | release of the defendant in
accordance with the provisions | 11 | | of subsection (g) of this Section.
| 12 | | (g) The court shall, upon motion of the State or upon its | 13 | | own motion,
conduct a hearing in connection with any defendant | 14 | | who fails to appear for
testing, fails to cooperate with the | 15 | | persons conducting the testing
program, attempts to submit a | 16 | | sample not his or her own or has had a
confirmed positive test | 17 | | result indicative of continued drug use for the second
or | 18 | | subsequent time after the
initial test. The hearing shall be | 19 | | conducted in accordance with the
procedures of Section 110-6.
| 20 | | Upon a finding by the court that the State has established | 21 | | by clear and
convincing evidence that the defendant has | 22 | | violated the drug testing
conditions of bail, the court may | 23 | | consider any of the following sanctions:
| 24 | | (1) increase the amount of the defendant's bail or | 25 | | conditions of release;
| 26 | | (2) impose a jail sentence of up to 5 days;
|
| | | SB1135 | - 5 - | LRB099 05312 MRW 25347 b |
|
| 1 | | (3) revoke the defendant's bail; or
| 2 | | (4) enter such other orders which are within the power | 3 | | of the court as
deemed appropriate.
| 4 | | (h) The results of any drug testing conducted under this | 5 | | Section
shall not be admissible on the issue of the defendant's | 6 | | guilt in connection
with any criminal charge.
| 7 | | (i) The court may require that the defendant pay for the | 8 | | cost of drug
testing.
| 9 | | (Source: P.A. 88-677, eff. 12-15-94.)
|
|