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| [ Senate Amendment 002 ] |
91_HB2038sam001
LRB9101727RCksam
1 AMENDMENT TO HOUSE BILL 2038
2 AMENDMENT NO. . Amend House Bill 2038, on page 2, by
3 replacing lines 2 through 30 with the following:
4 "(a-5) In any criminal prosecution for reckless homicide
5 under Section 9-3 of the Criminal Code of 1961 or driving
6 under the influence of alcohol, other drug, or combination of
7 both, in violation of Section 11-501 of the Illinois Vehicle
8 Code or in any civil action held under a statutory summary
9 suspension hearing under Section 2-118.1 of the Illinois
10 Vehicle Code, a laboratory report from the Department of
11 State Police, Division of Forensic Services, that is signed
12 and sworn to by the person performing an analysis, and that
13 states that the sample of blood or urine was tested for
14 alcohol or drugs, and contains the person's findings as to
15 the presence and amount of alcohol or drugs and type of drug
16 is prima facie evidence of the presence, content, and amount
17 of the alcohol or drugs analyzed in the blood or urine.
18 Attached to the report must be a copy of a notarized
19 statement by the signer of the report giving the name of the
20 signer and stating (1) that he or she is an employee of the
21 Department of State Police, Division of Forensic Services,
22 (2) the name and location of the laboratory where the
23 analysis was performed, (3) that performing the analysis is a
24 part of his or her regular duties, (4) that the signer is
-2- LRB9101727RCksam
1 qualified by education, training, and experience to perform
2 the analysis, and (5) that scientifically accepted tests were
3 performed with due caution and that the evidence was handled
4 in accordance with established and accepted procedures while
5 in the custody of the laboratory.".