98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1938

 

Introduced , by Rep. Tom Cross

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/110-6.5

    Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning a drug testing program.


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A BILL FOR

 

HB1938LRB098 07506 MRW 37577 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 110-6.5 as follows:
 
6    (725 ILCS 5/110-6.5)
7    Sec. 110-6.5. Drug testing program. The The Chief Judge of
8the circuit may establish a drug testing program as provided by
9this Section in any county in the circuit if the county board
10has approved the establishment of the program and the county
11probation department or pretrial services agency has consented
12to administer it. The drug testing program shall be conducted
13under the following provisions:
14    (a) The court, in the case of a defendant charged with a
15felony offense or any offense involving the possession or
16delivery of cannabis or a controlled substance, shall:
17        (1) not consider the release of the defendant on his or
18    her own recognizance, unless the defendant consents to
19    periodic drug testing during the period of release on his
20    or her own recognizance, in accordance with this Section;
21        (2) consider the consent of the defendant to periodic
22    drug testing during the period of release on bail in
23    accordance with this Section as a favorable factor for the

 

 

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1    defendant in determining the amount of bail, the conditions
2    of release or in considering the defendant's motion to
3    reduce the amount of bail.
4    (b) The drug testing shall be conducted by the pretrial
5services agency or under the direction of the probation
6department when a pretrial services agency does not exist in
7accordance with this Section.
8    (c) A defendant who consents to periodic drug testing as
9set forth in this Section shall sign an agreement with the
10court that, during the period of release, the defendant shall
11refrain from using illegal drugs and that the defendant will
12comply with the conditions of the testing program. The
13agreement shall be on a form prescribed by the court and shall
14be executed at the time of the bail hearing. This agreement
15shall be made a specific condition of bail.
16    (d) The drug testing program shall be conducted as follows:
17        (1) The testing shall be done by urinalysis for the
18    detection of phencyclidine, heroin, cocaine, methadone and
19    amphetamines.
20        (2) The collection of samples shall be performed under
21    reasonable and sanitary conditions.
22        (3) Samples shall be collected and tested with due
23    regard for the privacy of the individual being tested and
24    in a manner reasonably calculated to prevent substitutions
25    or interference with the collection or testing of reliable
26    samples.

 

 

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1        (4) Sample collection shall be documented, and the
2    documentation procedures shall include:
3            (i) Labeling of samples so as to reasonably
4        preclude the probability of erroneous identification
5        of test results; and
6            (ii) An opportunity for the defendant to provide
7        information on the identification of prescription or
8        nonprescription drugs used in connection with a
9        medical condition.
10        (5) Sample collection, storage, and transportation to
11    the place of testing shall be performed so as to reasonably
12    preclude the probability of sample contamination or
13    adulteration.
14        (6) Sample testing shall conform to scientifically
15    accepted analytical methods and procedures. Testing shall
16    include verification or confirmation of any positive test
17    result by a reliable analytical method before the result of
18    any test may be used as a basis for any action by the
19    court.
20    (e) The initial sample shall be collected before the
21defendant's release on bail. Thereafter, the defendant shall
22report to the pretrial services agency or probation department
23as required by the agency or department. The pretrial services
24agency or probation department shall immediately notify the
25court of any defendant who fails to report for testing.
26    (f) After the initial test, a subsequent confirmed positive

 

 

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1test result indicative of continued drug use shall result in
2the following:
3        (1) Upon the first confirmed positive test result, the
4    pretrial services agency or probation department, shall
5    place the defendant on a more frequent testing schedule and
6    shall warn the defendant of the consequences of continued
7    drug use.
8        (2) A second confirmed positive test result shall be
9    grounds for a hearing before the judge who authorized the
10    release of the defendant in accordance with the provisions
11    of subsection (g) of this Section.
12    (g) The court shall, upon motion of the State or upon its
13own motion, conduct a hearing in connection with any defendant
14who fails to appear for testing, fails to cooperate with the
15persons conducting the testing program, attempts to submit a
16sample not his or her own or has had a confirmed positive test
17result indicative of continued drug use for the second or
18subsequent time after the initial test. The hearing shall be
19conducted in accordance with the procedures of Section 110-6.
20    Upon a finding by the court that the State has established
21by clear and convincing evidence that the defendant has
22violated the drug testing conditions of bail, the court may
23consider any of the following sanctions:
24        (1) increase the amount of the defendant's bail or
25    conditions of release;
26        (2) impose a jail sentence of up to 5 days;

 

 

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1        (3) revoke the defendant's bail; or
2        (4) enter such other orders which are within the power
3    of the court as deemed appropriate.
4    (h) The results of any drug testing conducted under this
5Section shall not be admissible on the issue of the defendant's
6guilt in connection with any criminal charge.
7    (i) The court may require that the defendant pay for the
8cost of drug testing.
9(Source: P.A. 88-677, eff. 12-15-94.)