|
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0804
Introduced 02/02/05, by Rep. Joseph M. Lyons SYNOPSIS AS INTRODUCED:
|
|
|
|
Amends the Cannabis Control Act. Provides that before or after the trial in a prosecution for certain enumerated violations of the Act, a law enforcement agency or an agent acting on behalf of the law enforcement agency must preserve, subject to a continuous chain of custody, not less than 5,001 grams of any substance containing cannabis and not less than 51 cannabis sativa plants with respect to the enumerated offenses and must maintain sufficient documentation to locate that evidence. Provides that the court may before trial transfer excess quantities of any substance containing cannabis or cannabis sativa plants with respect to a prosecution for any enumerated offense to the sheriff of the county, or may in its discretion transfer such evidence to the Department of State Police, for destruction. Effective immediately.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
|
|
|
A BILL FOR
|
|
|
|
|
HB0804 |
|
LRB094 03651 RLC 33656 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 Cannabis Control Act is amended by adding |
| 5 |
| Section 16.2 as follows:
|
| 6 |
| (720 ILCS 550/16.2 new) |
| 7 |
| Sec. 16.2. Preservation of cannabis or cannabis sativa |
| 8 |
| plants for laboratory testing. |
| 9 |
| (a) Before or after the trial in a prosecution for a |
| 10 |
| violation of Section 4, 5, 5.1, 5.2, 8, or 9 of this Act, a law |
| 11 |
| enforcement agency or an agent acting on behalf of the law |
| 12 |
| enforcement agency must preserve, subject to a continuous chain |
| 13 |
| of custody, not less than 5,001 grams of any substance |
| 14 |
| containing cannabis and not less than 51 cannabis sativa plants |
| 15 |
| with respect to the offenses enumerated in this subsection (a) |
| 16 |
| and must maintain sufficient documentation to locate that |
| 17 |
| evidence. Excess quantities with respect to the offenses |
| 18 |
| enumerated in this subsection (a) cannot practicably be |
| 19 |
| retained by a law enforcement agency because of its size, bulk, |
| 20 |
| and physical character. |
| 21 |
| (b) The court may before trial transfer excess quantities |
| 22 |
| of any substance containing cannabis or cannabis sativa plants |
| 23 |
| with respect to a prosecution for any offense enumerated in |
| 24 |
| subsection (a) to the sheriff of the county, or may in its |
| 25 |
| discretion transfer such evidence to the Department of State |
| 26 |
| Police, for destruction. |
| 27 |
| (c) After a judgment of conviction is entered and the |
| 28 |
| charged quantity is no longer needed for evidentiary purposes |
| 29 |
| with respect to a prosecution for any offense enumerated in |
| 30 |
| subsection (a), the court may transfer any substance containing |
| 31 |
| cannabis or cannabis sativa plants to the sheriff of the |
| 32 |
| county, or may in its discretion transfer such evidence to the |