Full Text of SB2340 95th General Assembly
SB2340ren 95TH GENERAL ASSEMBLY
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SB2340 Re-Enrolled |
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LRB095 19681 RLC 46032 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Controlled Substances Act is | 5 |
| amended by adding Section 510 as follows: | 6 |
| (720 ILCS 570/510 new) | 7 |
| Sec. 510. Preservation of evidence for laboratory testing. | 8 |
| (a) Before or after the trial in a prosecution for a | 9 |
| violation of any Section of Article IV of this Act, a law | 10 |
| enforcement agency or an agent acting on behalf of the law | 11 |
| enforcement agency must preserve, subject to a continuous chain | 12 |
| of custody, not less than: | 13 |
| (1) 2 kilograms of any substance containing a | 14 |
| detectable amount of heroin; | 15 |
| (2) 10 kilograms of any substance containing a | 16 |
| detectable amount of:
(A) coca leaves, except coca leaves | 17 |
| and extract of coca leaves from which cocaine, ecgonine, | 18 |
| and derivatives of ecgonine or their salts have been | 19 |
| removed;
(B) cocaine, its salts, optical and geometric | 20 |
| isomers, and salts of isomers;
(C) ecgonine, its | 21 |
| derivatives, their salts, isomers, and salts of isomers; or
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| (D) any combination of the substances described in | 23 |
| subdivisions (A) through (C) of this paragraph (a)(2); |
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LRB095 19681 RLC 46032 b |
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| (3) 10 kilograms of a mixture of substances described | 2 |
| in subdivision (B) of paragraph (a)(2) that contains a | 3 |
| cocaine base; | 4 |
| (4) 200 grams of phencyclidine (also referred to as | 5 |
| "PCP") or 2 kilograms of any substance containing a | 6 |
| detectable amount of phencyclidine; | 7 |
| (5) 20 grams of any substance containing a detectable | 8 |
| amount of lysergic acid diethylamide (also referred to as | 9 |
| "LSD"); | 10 |
| (6) 800 grams of a mixture or substance containing a | 11 |
| detectable amount of fentanyl, or 2 grams of any substance | 12 |
| containing a detectable amount of any analog of fentanyl;
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| with respect to the offenses enumerated in this subsection (a) | 14 |
| and must maintain sufficient documentation to locate that | 15 |
| evidence. Excess quantities with respect to the offenses | 16 |
| enumerated in this subsection (a) cannot practicably be | 17 |
| retained by a law enforcement agency because of its size, bulk, | 18 |
| and physical character. | 19 |
| (b) The sheriff or seizing law enforcement agency must file | 20 |
| a motion requesting destruction of bulk evidence before the | 21 |
| trial judge in the courtroom where the criminal charge is | 22 |
| pending. The sheriff or seizing law enforcement agency must | 23 |
| give notice of the motion requesting destruction of bulk | 24 |
| evidence to the prosecutor of the criminal charge and the | 25 |
| defense attorney of record. The trial judge will conduct an | 26 |
| evidentiary hearing in which all parties will be given the |
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LRB095 19681 RLC 46032 b |
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| opportunity to present evidence and arguments relating to | 2 |
| whether the evidence should be destroyed, whether such | 3 |
| destruction will prejudice the prosecution of the criminal | 4 |
| case, and whether the destruction of the evidence will | 5 |
| prejudice the defense of the criminal charge. The court's | 6 |
| determination whether to grant the motion for destruction of | 7 |
| bulk evidence must be based upon the totality of all of the | 8 |
| circumstances of the case presented at the evidentiary hearing, | 9 |
| the effect such destruction would have upon the defendant's | 10 |
| constitutional rights, and the prosecutor's ability to proceed | 11 |
| with the prosecution of the criminal charge. | 12 |
| (c) The court may, before trial, transfer excess quantities | 13 |
| of any substance containing any of the controlled substances | 14 |
| enumerated in subsection (a) with respect to a prosecution for | 15 |
| any offense enumerated in subsection (a) to the sheriff of the | 16 |
| county, or may, in its discretion, transfer such evidence to | 17 |
| the Department of State Police, for destruction after notice is | 18 |
| given to the defendant's attorney of record or to the defendant | 19 |
| if the defendant is proceeding pro se. | 20 |
| (d) After a judgment of conviction is entered and the | 21 |
| charged quantity is no longer needed for evidentiary purposes | 22 |
| with respect to a prosecution for any offense enumerated in | 23 |
| subsection (a), the court may transfer any substance containing | 24 |
| any of the controlled substances enumerated in subsection (a) | 25 |
| to the sheriff of the county, or may, in its discretion, | 26 |
| transfer such evidence to the Department of State Police, for |
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LRB095 19681 RLC 46032 b |
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| destruction after notice is given to the defendant's attorney | 2 |
| of record or to the defendant if the defendant is proceeding | 3 |
| pro se. No evidence shall be disposed of until 30 days after | 4 |
| the judgment is entered, and if a notice of appeal is filed, no | 5 |
| evidence shall be disposed of until the mandate has been | 6 |
| received by the circuit court from the Appellate Court.
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| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.
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