093_HB3339

 
                                     LRB093 09572 RLC 09810 b

 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Code  of  Criminal Procedure of 1963 is
 5    amended by adding Section 108-15 as follows:

 6        (725 ILCS 5/108-15 new)
 7        Sec. 108-15. Maintenance of evidence.
 8        (a) A law enforcement agency shall list on schedules  all
 9    existing  items  of relevant evidence collected in a criminal
10    investigation,  including  exculpatory  evidence,   and   the
11    location of that evidence.
12        (b)  Each  law enforcement agency must assign to specific
13    peace officers or employees of the law enforcement agency the
14    duty to maintain  and  list  the  evidence  and  the  persons
15    assigned  to  this  duty  must  certify their compliance with
16    subsection (a) to the prosecutor assigned  to  prosecute  the
17    case.
18        (c)  Each  law enforcement agency must give copies of the
19    schedules to the prosecutor assigned to prosecute the case.
20        (d) The law enforcement agency must give  the  prosecutor
21    access to all investigatory materials in its possession.
22        (e)  In  this Section, "law enforcement agency" means the
23    Department of State Police, the Office of the county sheriff,
24    a municipal police department,  or  any  other  agency  whose
25    officers  are vested by law to make arrests in criminal cases
26    and seize and maintain evidence for trial of a criminal case;
27    and "prosecutor" means a State's Attorney, assistant  State's
28    Attorney,  Attorney  General,  assistant  or  deputy Attorney
29    General, or a special assistant Attorney General  or  special
30    assistant  State's  Attorney  who  is assigned to prosecute a
31    criminal case.