SB2340 Engrossed

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 
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amended  by adding Section 510 as follows:
 
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    (720 ILCS 570/510  new)
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    Sec. 510. Preservation of evidence for laboratory testing.
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    (a) Before or after the trial in a prosecution for a 
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violation of any Section of Article IV of this Act, a law 
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enforcement agency or an agent acting on behalf of the law 
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enforcement agency must preserve, subject to a continuous chain 
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of custody, not less than:
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        (1) 2 kilograms of any substance containing a 
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    detectable amount of heroin;
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        (2) 10 kilograms of any substance containing a 
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    detectable amount of:
(A) coca leaves, except coca leaves 
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    and extract of coca leaves from which cocaine, ecgonine, 
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    and derivatives of ecgonine or their salts have been 
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    removed;
(B) cocaine, its salts, optical and geometric 
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    isomers, and salts of isomers;
(C) ecgonine, its 
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    derivatives, their salts, isomers, and salts of isomers; or

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    (D) any combination of the substances described in 
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    subdivisions (A) through (C) of this paragraph (a)(2);
 


 






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        (3) 10 kilograms of a mixture of substances described 
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    in subdivision (B) of paragraph (a)(2) that contains a 
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    cocaine base;
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        (4) 200 grams of phencyclidine (also referred to as 
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    "PCP") or 2 kilograms of any substance containing a 
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    detectable amount of phencyclidine;
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        (5) 20 grams of any substance containing a detectable 
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    amount of lysergic acid diethylamide (also referred to as 
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    "LSD");
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        (6) 800 grams of a mixture or substance containing a 
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    detectable amount of fentanyl, or 2 grams of any substance 
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    containing a detectable amount of any analog of fentanyl;

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with respect to the offenses enumerated in this subsection (a) 
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and must maintain sufficient documentation to locate that 
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evidence. Excess quantities with respect to the offenses 
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enumerated in this subsection (a) cannot practicably be 
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retained by a law enforcement agency because of its size, bulk, 
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and physical character.
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    (b) The court may, before trial, transfer excess quantities 
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of any substance containing any of the controlled substances 
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enumerated in subsection (a) with respect to a prosecution for 
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any offense enumerated in subsection (a) to the sheriff of the 
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county, or may, in its discretion, transfer such evidence to 
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the Department of State Police, for destruction after notice is 
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given to the defendant's attorney of record or to the defendant 
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if the defendant is proceeding pro se.
 


 






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    (c) After a judgment of conviction is entered and the 
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charged quantity is no longer needed for evidentiary purposes 
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with respect to a prosecution for any offense enumerated in 
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subsection (a), the court may transfer any substance containing 
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any of the controlled substances enumerated in subsection (a) 
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to the sheriff of the county, or may, in its discretion, 
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transfer such evidence to the Department of State Police, for 
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destruction after notice is given to the defendant's attorney 
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of record or to the defendant if the defendant is proceeding 
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pro se. No evidence shall be disposed of until 30 days after 
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the judgment is entered, and if a notice of appeal is filed, no 
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evidence shall be disposed of until the mandate has been 
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received by the circuit court from the Appellate Court. 
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.