House Sponsors: JOHNSON-WINKEL-DURKIN-PARKE. Senate Sponsors: HAWKINSON Short description: CRIM PRO-EVIDENCE RETENTION Synopsis of Bill as introduced: Amends the Criminal Code of 1961. Provides that any person who violates certain provisions concerning the retention of evidence commits the offense of obstructing justice. Amends the Code of Criminal Procedure of 1963. Provides that, in a prosecution for any felony, a law enforcement agency must preserve all physical evidence in its possession and provide sufficient documentation to locate that evidence. Provides that, after a trial resulting in a conviction, the court must order that all items of physical evidence admitted at trial be impounded with the Clerk of the Circuit Court, and that either party may petition the court to order any evidence not admitted at trial to be impounded with the Clerk of the Circuit Court. Provides that, after a trial resulting in acquittal, after the entry of a plea of guilty, or after the dismissal of charges, either party may petition the court to order the Clerk of the Circuit Court to impound any evidence in possession of a law enforcement agency or the defendant's attorney. Provides that any party petitioning for evidence to be impounded must do so within 30 days after the date of conviction or final order entered in the case and that either party may petition for an extension of the 30-day period. Requires the Clerk of the Circuit Court to retain all items of physical evidence impounded until the completion of the defendant's sentence or until the completion of all appeals, whichever is later. Makes other changes. HOUSE AMENDMENT NO. 2. Deletes reference to: 720 ILCS 5/31-4 720 ILCS 5/33-5 rep. 725 ILCS 5/116-4 Adds reference to: 720 ILCS 5/1-1 from Ch. 38, par. 1-1 Deletes everything. Amends the Criminal Code of 1961. Makes a technical correction to the short title Section. SENATE AMENDMENT NO. 1. Deletes reference to: 720 ILCS 5/1-1 Adds reference to: 720 ILCS 5/33-5 725 ILCS 5/116-4 Deletes everything. Amends the Criminal Code of 1961. Provides that a law enforcement agency who fails to preserve evidence as required by the Code of Criminal Procedure of 1963 is guilty of a Class 4 felony. Amends the Code of Criminal Procedure of 1963. Deletes a requirement that physical evidence be preserved subject to a continuous chain of custody. Provides, instead, that a law enforcement agency shall preserve any physical evidence in their possession or control that is reasonably likely to contain forensic evidence, including, but not limited to, fingerprints or biological material. Provides that evidence must be retained permanently in cases where a sentence of death is imposed. In other cases, provides that evidence must be retained until the completion of the sentence, including the period of mandatory supervised release for the offense, or January 6, 2006, whichever is later. Provides that evidence must be retained for 7 years for any other felony for which the defendant's genetic profile may be taken by a law enforcement agency and submitted for comparison in a forensic DNA database for unsolved offenses. Provides that a law enforcement agency may petition the court for entry of an order allowing disposal of evidence if there no longer exists a reasonable basis to require the preservation of the evidence because of the death of the defendant, unless a sentence of death was imposed. Provides that any order allowing the disposition of evidence is a final and appealable order. Prohibits disposal of evidence until 30 days after the order is entered, and, if an appeal is filed, prohibits disposal until the circuit court receives a mandate from the appellate court. Requires all records documenting the possession, control, storage, and destruction of evidence to be retained for as long as the evidence exists and provides that they may not be disposed of without the approval of the appropriate Local Records Commission. Adds an immediate effective date. SENATE AMENDMENT NO. 2. Further amends the Code of Criminal Procedure of 1963. Provides that, before or after the trial in a prosecution for certain criminal offenses, or in a prosecution for an attempt (rather than or an attempt) of one of those offenses, a law enforcement agency or an agent acting on its behalf is required to preserve physical evidence that is likely to contain forensic evidence. SENATE AMENDMENT NO. 3. Further amends the Code of Criminal Procedure of 1963. Restores a requirement that evidence be preserved subject to a continuous chain of custody. Last action on Bill: PUBLIC ACT.............................. 92-0459 Last action date: AUG-22-2001 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 3 END OF INQUIRY Full Text Bill Status