92nd General Assembly
Summary of HB2228
   [ Home ]   [ Back ]   [ Legislation ]
Legislation:  
Please enter a bill number.



 Full Text  Bill Status
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